Beekeepers Commission of Alberta Plan Regulation

Link to law: http://www.qp.alberta.ca/1266.cfm?page=2006_059.cfm&leg_type=Regs&isbncln=9780779757275&display=html
Published: 2011

AR 59/2006 BEEKEEPERS COMMISSION OF ALBERTA PLAN REGULATION (Consolidated up to 60/2011)
ALBERTA REGULATION 59/2006
Marketing of Agricultural Products Act
BEEKEEPERS COMMISSION OF ALBERTA PLAN REGULATION
Table of Contents
                1       Definitions
                2       Beekeeping industry
                3       Designation of agricultural product
Part 1 General Operation of Plan
Division 1 Plan
                4       Establishment of Plan
                5       Termination of Plan
                6       Application of Plan
                7       Purpose of Plan
Division 2 Operation of Plan by Commission
                8       Establishment of Commission
                9       Functions of Commission
              10       Information
              11       Operation of Plan re regulations
              12       Financing of Plan
              13       Service charges refundable
              14       Prohibition re funds under the Act
              15       Auditor
              16       Honorary memberships, etc.
Part 2 Governance of Plan
Division 1 Producers
              17       Eligible producers
              18       General rights of eligible producers
              19       Eligible producers who are individuals
              20       Producers that are not individuals
Division 2 Regions
              21       Regions
              22       Regions set out in Schedule
Division 3 General Meetings of Eligible Producers
              23       Annual Commission meetings
              24       Special Commission meetings
              25       Calling of meetings
              26       Quorum
Division 4 Directors
              27       Board of Directors
              28       Responsibilities of the Board of Directors
              29       Election of the directors
              30       Remuneration
              31       Term of office
              32       Removal from office
              33       Nominations for directors
              34       Election of director by mail ballot
              35       Eligibility re director
              36       Quorum
Part 3 Conduct of Elections               37       Eligibility to vote
              38       Must be on list of eligible producers
              39       Returning officer
              40       Controverted election
Part 4 Transitional Provision, Review and Repeal
              41       Transitional re directors
              42       Review
Schedule
Definitions
1   In this Regulation,
                                 (a)    “Act” means the Marketing of Agricultural Products Act;
                                 (b)    “annual Commission meeting” means an annual general meeting of the directors and the eligible producers;
                             (b.1)    “assets” means economic resources controlled by the body as a result of past transactions and from which future economic benefits may be obtained;
                             (b.2)    “auditor” means a person registered under the Regulated Accounting Profession Act or a firm or partnership of those persons;
                                 (c)    “bee” means the insect Apis mellifera L;
                                 (d)    “bee products” means an agricultural product as defined under section 3, except bees;
                                 (e)    “colony” means a distinguishable localized population of bees and includes a mating nucleus;
                                 (f)    “Commission” means the commission established under section 8 with the name “Beekeepers Commission of Alberta”;
                                 (g)    “Council” means the Alberta Agricultural Products Marketing Council;
                                 (h)    “crop year” means a 12‑month period commencing September 1 and terminating on the following August 31;
                                  (i)    “director” means a director of the Commission;
                                  (j)    “eligible producer” means a producer who qualifies as an eligible producer under section 17;
                                 (k)    “hive” means a container for housing colonies of bees, honey and bee products;
                                  (l)    “honey products” means any product that consists of honey or its component parts;
                               (l.1)    “investment” means a commitment of assets in order to gain a financial return but does not include an expenditure of assets for the purposes of research and development or current operations;
                               (m)    “marketing”
                                           (i)    means buying, owning, selling, offering for sale, storing, grading, assembling, packing, transporting, advertising and financing, and
                                          (ii)    includes any other function or activity designated as marketing by the Lieutenant Governor in Council;
                                 (n)    “mating nucleus” means a small colony of bees primarily used for mating honey bee queens or for keeping bees temporarily;
                                 (o)    “person” means a person as defined in the Interpretation Act and includes
                                           (i)    a partnership as defined in the Partnership Act,
                                          (ii)    any unincorporated organization that is not a partnership referred to in subclause (i), and
                                         (iii)    any group of individuals who are carrying on an activity for a common purpose and are neither a partnership referred to in subclause (i) nor an unincorporated organization referred to in subclause (ii);
                                 (p)    “pollinator bees” means the insect Apis mellifera L that is hired out to pollinate a crop;
                                 (q)    “producer” means a person who keeps bees for one or more of the following purposes:
                                           (i)    producing honey or pollen or both honey and pollen;
                                          (ii)    offering pollination services;
                                         (iii)    producing bees for sale;
                                  (r)    “region” means a region established under the Schedule;
                                 (s)    “regulated product” means bees, honey, beeswax, bee pollen, propolis, royal jelly, bee venom, honey products and bee products;
                                  (t)    “special Commission meeting” means a special general meeting of the directors and the eligible producers.
AR 59/2006 s1;201/2009;28/2011;60/2011
Beekeeping industry
2   In this Regulation, a reference to the beekeeping industry includes references to
                                 (a)    honey;
                                 (b)    honey products;
                                 (c)    pollinating services;
                                 (d)    bees, including queen bees, package bees and pollinator bees;
                                 (e)    colonies;
                                 (f)    bee products.
Designation of agricultural product
3   Bees, honey, beeswax, bee pollen, propolis, royal jelly, bee venom, honey products and bee products are designated as agricultural products for the purposes of the Act.
Part 1 General Operation of Plan
Division 1 Plan
Establishment of Plan
4   There is hereby established a plan with the name “Beekeepers Commission of Alberta Plan”.
AR 59/2006 s4;60/2011
Termination of Plan
5   This Plan does not terminate at the conclusion of a specific period of time and remains in force unless otherwise terminated pursuant to the Act.
Application of Plan
6(1)  This Plan applies
                                 (a)    to all of Alberta;
                                 (b)    to all producers who do one or more of the following:
                                           (i)    produce the regulated product on land located in Alberta;
                                          (ii)    market the regulated product within Alberta;
                                         (iii)    maintain colonies of bees in Alberta that are used for the purpose of honey production or crop pollination.
(2)  Subject to subsection (1)(b)(iii), this Plan does not apply to producers with respect to any regulated product that is produced on land not located in Alberta.
Purpose of Plan
7(1)  The purposes of this Plan are to do the following:
                                 (a)    to initiate and carry out projects or programs related to research and development and studies with respect to the beekeeping industry and to the production and handling of honey, including research and studies concerning the development and use of honey and honey products;
                                 (b)    to assist, educate and inform producers, dealers and processors in developing and improving the beekeeping industry and methods regarding the production and processing of honey and honey products;
                                 (c)    generally to assist in the development and promotion of the beekeeping industry in Alberta;
                                 (d)    to advise governments on matters concerning the beekeeping industry;
                                 (e)    to co‑operate with the Government of Canada and the Government of Alberta with respect to the maintenance of the quality and standards of the regulated product;
                                 (f)    generally to co-operate with any organizations involved in the beekeeping industry.
(2)  Under this Plan neither the production nor the marketing of the regulated product is to be controlled or regulated.
AR 59/2006 s7;28/2011
Division 2 Operation of Plan by Commission
Establishment of Commission
8   There is hereby established a Commission with the name “Alberta Beekeepers”, which is hereby continued with the name “Beekeepers Commission of Alberta”.
AR 59/2006 s8;60/2011
Functions of Commission
9(1)  The Commission
                                 (a)    is, subject to the Act, responsible for the operation, regulation, supervision and enforcement of this Plan;
                                 (b)    must open and maintain one or more accounts in a bank, trust company, treasury branch, credit union or other depository;
                                 (c)    may enter into an operating line of credit or other loan agreement with its bank, trust company, treasury branch, credit union or other lending institution;
                                 (d)    must designate such officers, employees and other persons as are necessary to transact the Commission’s business;
                             (d.1)    when investing its assets must make prudent investments in accordance with the requirements of section 3 of the Trustee Act respecting the investment of assets and may delegate to an agent in accordance with section 5(1) to (3) of that Act;
                             (d.2)    must establish policies respecting the management of its assets as required by the Operation of Boards and Commissions Regulation (AR 26/99);
                                 (e)    must cause such books and records, including financial records, to be maintained
                                           (i)    as from time to time may be required under the Act, the regulations or by virtue of any order of the Council, or
                                          (ii)    as may be determined by the Commission;
                                 (f)    must maintain an office, the location of which, at all times, is to be made known to each eligible producer;
                                 (g)    may appoint, or contract with, officers, employees and agents, prescribe their duties and fix their remuneration;
                                 (h)    may, subject to the Act, the regulations and any orders of the Council, issue such general orders governing the Commission’s internal operation as it may from time to time determine;
                                  (i)    may become a member of any agricultural organization;
                                  (j)    may contribute funds to any agricultural organization that has objectives similar to those of the Commission;
                                 (k)    subject to section 13, to finance the purposes of the Plan, may retain earnings and revenues from year to year.
(2)  Repealed AR 229/2006 s2.
AR 59/2006 s9;229/2006;28/2011
Information
10(1)  In this section, “beekeeper” means a beekeeper as defined in the Bee Act.
(2)  The Minister is authorized to disclose the following information to the Commission for use by the Commission in carrying out its functions and duties:
                                 (a)    information, including personal information as defined in the Freedom of Information and Protection of Privacy Act, that has been collected by or used by the Minister under the Act and the regulations and that relates to the administration of the Plan, including
                                           (i)    a list of eligible producers and the region where each eligible producer operates, and
                                          (ii)    a list of every producer who has 100 or more colonies and is required to pay a service charge, including the assessment, charging and collection of service charges;
                                 (b)    information, including personal information as defined in the Freedom of Information and Protection of Privacy Act, that has been collected by or used by the Provincial Apiculturist under the Bee Act, including the full name, address, telephone number and number of colonies owned by a beekeeper who registers with the Provincial Apiculturist under the Bee Act.
Operation of Plan re regulations
11(1)  For the purposes of enabling the Commission to operate this Plan, the Commission may be empowered by the Council, pursuant to section 26 of the Act, to make regulations
                                 (a)    requiring any person who produces, markets or processes the regulated product to furnish to the Commission any information or record relating to the production, marketing or processing of the regulated product that the Commission considers necessary;
                                 (b)    requiring persons other than producers to be licensed under this Plan before they become engaged in the marketing and processing, or either of those functions, of the regulated product;
                                 (c)    governing the issuance, suspension or cancellation of a licence issued under this Plan;
                                 (d)    providing for
                                           (i)    the assessment, charging and collection of service charges from producers from time to time for the purposes of this Plan, and
                                          (ii)    the taking of legal action to enforce payment of the service charges;
                                 (e)    providing for the refund of service charges;
                                 (f)    requiring any person who receives the regulated product from a producer
                                           (i)    to deduct from the money payable to the producer any service charges payable by the producer to the Commission, and
                                          (ii)    to forward the amount deducted to the Commission;
                                 (g)    providing for the use of any class of service charges or other money payable to or received by the Commission for the purpose of paying its expenses and administering this Plan and the regulations made by the Commission.
(2)  Notwithstanding subsection (1)(a), the Commission shall not require any producer who keeps fewer than 100 colonies to furnish to the Commission any information or record relating to the production, marketing or processing of the regulated product.
Financing of Plan
12(1)  In accordance with the regulations,
                                 (a)    this Plan is to be financed by the charging and collection of service charges from producers;
                                 (b)    every producer
                                           (i)    who has 100 or more colonies shall pay a service charge, and
                                          (ii)    who has fewer than 100 colonies may pay a service charge equal to the service charge payable by a producer who has 100 colonies;
                                 (c)    the Commission may, from time to time, change the amount of the service charge, but the change is not to be effective until it has been approved by the eligible producers at an annual Commission meeting or a special Commission meeting.
(2)  The amount of the service charge to be established initially after the coming into force of this Plan is to be established by the Commission but must be approved by the Council before it becomes effective.
AR 59/2006 s12;201/2009
Service charges refundable
13(1)  In accordance with the regulations,
                                 (a)    the service charge is refundable to a producer on request of the producer;
                                 (b)    the request for a refund of the service charge must
                                           (i)    be made in writing on a form established by the Commission, and
                                          (ii)    contain the following information:
                                                  (A)    the producer’s name;
                                                  (B)    the producer’s mailing address and telephone number;
                                                  (C)    the number of colonies registered under the Bee Act;
                                                  (D)    any specifics of the refund that are requested by the Commission;
                                 (c)    requests for refunds in respect of a service charge must be received by the Commission at its office prior to the end of October in the same crop year for which the service charge applies;
                                 (d)    any request for a refund that is not received by the Commission within the time period specified under clause (c) shall not, subject to clause (e), be considered by the Commission and the producer will not be entitled to a refund in respect of which the request was made;
                                 (e)    the Commission may, if it is satisfied that extenuating circumstances exist that warrant its doing so, consider an application for a refund that is received after the applicable time period referred to in clause (c);
                                 (f)    the Commission must refund the service charge to the producer
                                           (i)    within 90 days after a request for a refund is received by the Commission, in the case of a request received under clause (c), or
                                          (ii)    within 90 days after a request for a refund is received, considered and accepted by the Commission, in the case of a request received under clause (e).
(2)  In the event that within the period of time that makes up a crop year
                                 (a)    the eligible producers requesting a refund of the service charge comprise more than 35% of existing eligible producers, and
                                 (b)    those eligible producers requesting a refund under clause (a) account for at least 35% of the service charges collected during the current crop year,
the continued operation of this Plan is to be subject to approval by a majority of producers at a plebiscite to be held under the direction of the Council pursuant to the Act.
(3)  The Commission must, within 90 days following the end of a crop year, report to the Council the refunds made under this section for that crop year.
Prohibition re funds under the Act
14   The Commission shall not establish a fund under section 34 or 35 of the Act.
Auditor
15   The auditor for the Commission is to be appointed from time to time at an annual Commission meeting or a special Commission meeting.
Honorary memberships, etc.
16   The Commission may establish non‑voting associate, industry, affiliate or honorary memberships under this Plan to provide interested individuals or organizations with the opportunity to contribute to the efforts of the Commission.
Part 2 Governance of Plan
Division 1 Producers
Eligible producers
17   For the purposes of this Plan,
                                 (a)    any producer who has paid a service charge under this Plan in a crop year is an eligible producer for that crop year;
                                 (b)    the Commission must maintain a list of eligible producers;
                                 (c)    all producers who can be identified by the Commission as having paid a service charge under this Plan during a crop year are to be included on the list of eligible producers for that crop year;
                                 (d)    any producer who is not listed on the Commission’s list of eligible producers must be added to the list where the producer can provide proof to the Commission that the producer has paid a service charge under this Plan in the crop year for which the application is made;
                                 (e)    once a producer is listed with the Commission as an eligible producer, the producer continues to be recognized as an eligible producer from crop year to crop year, unless the eligible producer ceases to pay a service charge under this Plan in 2 subsequent crop years, in which case the producer ceases to be an eligible producer;
                                 (f)    where a producer ceases to be an eligible producer under clause (e), the producer is entitled to again become an eligible producer for any crop year in which the producer pays a service charge under this Plan.
General rights of eligible producers
18   In accordance with this Plan, an eligible producer is entitled, as a matter of right,
                                 (a)    to attend annual Commission meetings and special Commission meetings;
                                 (b)    to make representations on any matter pertaining to this Plan, the Commission and the Board of Directors;
                                 (c)    to vote on any matter under this Plan;
                                 (d)    to vote in any election for directors;
                                 (e)    to hold office as a director;
                                 (f)    to vote in any plebiscites of producers held under the Act.
Eligible producers who are individuals
19   Where an eligible producer is an individual, that individual may, subject to this Plan, exercise the rights of an eligible producer referred to in section 17.
Producers that are not individuals
20(1)  Where an eligible producer is not an individual, that producer may, only in accordance with this section, exercise the rights of an eligible producer referred to in section 17.
(2)  An eligible producer to which this section applies must appoint an individual to be the representative of the producer.
(3)  A representative appointed by an eligible producer under this section is, subject to this Plan, to exercise on behalf of the eligible producer the rights of an eligible producer referred to in section 16.
(4)  If an eligible producer is
                                 (a)    a corporation, it must appoint an individual who is a director, shareholder, member, officer or employee of the corporation as its representative,
                                 (b)    a partnership, it must appoint an individual who is a partner or employee of the partnership as its representative, or
                                 (c)    an organization, other than a corporation or a partnership, it must appoint an individual who is a member, officer or employee of the organization as its representative.
(5)  An appointment of a representative under this section must be
                                 (a)    in writing, and
                                 (b)    in the case where a vote is to be taken at a meeting, filed with the returning officer prior to the calling to order of the meeting at which a vote is to take place.
(6)  An individual who is the representative of an eligible producer shall not cast a vote under this Plan unless
                                 (a)    the individual presents a document signed by the eligible producer indicating the name of the person who may vote for the eligible producer, or
                                 (b)    the individual makes a statutory declaration in writing stating that
                                           (i)    the individual is a representative of the eligible producer, and
                                          (ii)    the individual has not previously voted in the election or on the matter in respect of which the individual wishes to cast a vote.
(7)  A statutory declaration made under subsection (6)(b) must be made in writing before the returning officer or the deputy returning officer prior to the vote being cast. 
(8)  An individual cannot at any one time be a representative under this section for more than one eligible producer. 
(9)  A representative shall not vote or hold office before the representative’s appointment is filed in accordance with subsection (5).
Division 2 Regions
Regions
21   For the purposes of this Plan, Alberta is divided into 4 regions.
Regions set out in Schedule
22   The area included in each region is as set out in the Schedule to this Plan.
Division 3 General Meetings of Eligible Producers
Annual Commission meetings
23(1)  An annual Commission meeting must be held for the purposes of providing to the eligible producers
                                 (a)    information with respect to the Commission, and
                                 (b)    an opportunity to provide to the Board of Directors direction, suggestions and recommendations.
(2)  An annual Commission meeting must be held
                                 (a)    once in each crop year, and
                                 (b)    within 15 months following the date of the commencement of the last annual Commission meeting.
Special Commission meetings
24   The Commission must hold a special Commission meeting
                                 (a)    when requested to do so by the Council, or
                                 (b)    on the written request of not less than 20% of the eligible producers.
Calling of meetings
25(1)  The Commission must set the time, place and date of any annual Commission meeting and of any special Commission meeting.
(2)  The Commission must,
                                 (a)    in the case of an annual Commission meeting, notify the eligible producers of the annual Commission meeting at least 21 days before that meeting is to be held, and
                                 (b)    in the case of a special Commission meeting, notify the eligible producers of the special Commission meeting at least 21 days before that meeting is to be held.
(3)  Any notice of a meeting must set forth the time, place, date and purpose of the meeting.
(4)  Where the Commission provides a notice under this section, the Commission may do so in any form or manner that the Commission considers appropriate in the circumstances.
Quorum
26   At an annual Commission meeting or special Commission meeting, the quorum necessary for the conduct of business is 20% of the eligible producers.
Division 4 Directors
Board of Directors
27(1)  The Commission shall have a Board of Directors consisting of 9 directors made up as follows:
                                 (a)    4 regional directors, one regional director being elected for each region;
                                 (b)    one director to represent producers who have fewer than 100 colonies;
                                 (c)    one director at large;
                                 (d)    one director who is the chair of the Commission;
                                 (e)    one director who is the vice‑chair of the Commission;
                                 (f)    one director to represent the Commission at the Canadian Honey Council.
(2)  The chair may be referred to as the president of the Commission and the vice‑chair may be referred to as the vice‑president of the Commission.
Responsibilities of the Board of Directors
28(1)  The responsibilities of the Commission, the authority delegated to the Commission by the Council and the direction, administration and management of the Commission’s work, business and affairs, including the control and management of all the assets owned, held or acquired by the Commission, are vested in the Board of Directors.
(2)  The Board of Directors has the power to do all things necessary to carry out the purposes of this Plan and the responsibilities and authority of the Commission.
(3)  The Board of Directors may authorize any person, entity or committee to exercise any of the powers of the Board of Directors as set forth in this Plan or otherwise.
(4)  Where a person, entity or committee is authorized under subsection (3) to exercise any power of the Board of Directors,
                                 (a)    that person, entity or committee is to report back to the Board of Directors with respect to the exercise of that power, and
                                 (b)    the Board of Directors is to retain a supervisory function to oversee the actions of that person, entity or committee in the exercise of that power.
Election of the directors
29   Subject to sections 33 and 40(5), the elections for directors are to be conducted in each year at the annual Commission meeting by means of a vote of the eligible producers.
Remuneration
30   The remuneration to be paid to the directors and officers of the Commission may be fixed from time to time by the Board of Directors.
Term of office
31(1)  The directors may hold office for a term of 2 years.
(2)  The term of office of a director
                                 (a)    commences on the conclusion of the annual Commission meeting that takes place following the director’s election, and
                                 (b)    expires on the conclusion of the annual Commission meeting that takes place in the year that the director’s term of office is to expire.
Removal from office
32(1)  An individual ceases to be a director if that individual
                                 (a)    resigns from the position of director;
                                 (b)    ceases to be an eligible producer;
                                 (c)    in the case of the individual being the representative of an eligible producer under section 20, ceases to be the representative of the eligible producer;
                                 (d)    is absent from 3 consecutive meetings of the Board of Directors without reasons that the Board of Directors  considers adequate;
                                 (e)    is removed by a majority vote of the eligible producers attending an annual Commission meeting or a special Commission meeting.
(2)  Where a vacancy occurs on the Board of Directors under this section, the Board of Directors may, with the approval of the Council, appoint an individual to fill the position from among the eligible producers who are eligible to be elected as a director.
(3)  Where an individual is appointed as a director under subsection (2), that director is to serve for the unexpired portion of the term.
(4)  If an individual who is appointed as a director under subsection (2) is appointed or elected as a director under section 40 or is elected as a director under section 41 serves for a term of 12 or fewer months, that period of time served is not to be considered as a term of office in determining whether that individual may stand for election as a director.
Nominations for directors
33(1)  For the purpose of conducting elections, the Commission is to solicit nominations for the positions of director
                                 (a)    by publishing a notice in the Commission’s newsletter, or
                                 (b)    by such means, other than that referred to in clause (a), as the Commission may determine.
(2)  Nominations for the position of director must be
                                 (a)    in writing and filed at the Commission’s office by a date fixed by the Commission,
                                 (b)    signed by at least 5 eligible producers, and
                                 (c)    accompanied by the written consent of the eligible producer who is being nominated as a director.
(3)  Notwithstanding subsection (2), a nomination for the position of director may be made on the floor at the meeting at which the election for the position is to be conducted if
                                 (a)    the nomination is seconded by at least 5 eligible producers present at that meeting, and
                                 (b)    the eligible producer being nominated gives his or her oral consent to being nominated.
Election of director by mail ballot
34(1)  Notwithstanding section 29, the Commission may direct that the election of a director be carried out by means of a mail ballot.
(2)  Where an election is to be carried out by means of a mail ballot,
                                 (a)    subsections (1) and (2) but not (3) of section 33 apply to the election;
                                 (b)    the mail ballot must be designed for a secret vote;
                                 (c)    the election must be conducted in such a manner so as to ensure a secret vote;
                                 (d)    a mail ballot must be made available to each eligible producer by being mailed to each eligible producer at least 30 days prior to the ballot closing date;
                                 (e)    the ballot closing date
                                           (i)    is to be fixed by the Commission, and
                                          (ii)    must be a date that is within 42 days immediately preceding the annual Commission meeting.
(3)  If the eligible producers fail to elect a director by means of a mail ballot, the election of the director is to be held at the next annual Commission meeting that is held after the time at which election by means of a mail ballot was to have been held.
Eligibility re director
35(1)  To be eligible to be a director a person must be an eligible producer.
(2)  An eligible producer is not eligible to serve as a director for more than 3 consecutive terms of office.
(3)  Notwithstanding subsection (2), an eligible producer who was a director is once again eligible to serve as a director if one year has elapsed since that eligible producer’s last term as a director has concluded.
Quorum
36(1)  At a meeting of the Board of Directors, the quorum necessary for the conduct of business is a majority of the directors holding office at the time.
(2)  In determining a quorum under subsection (1), vacant positions on the Board of Directors shall not be considered.
Part 3 Conduct of Elections
Eligibility to vote
37(1)  An eligible producer is eligible
                                 (a)    to vote on any question put to a vote at an annual Commission meeting or a special Commission meeting if the eligible producer is present at the meeting at which the vote is held;
                                 (b)    to vote in any election for a director that is conducted at an annual Commission meeting if the eligible producer is present at the meeting at which the election is conducted;
                                 (c)    to vote in any election for a director that is conducted by means of a mail ballot.
(2)  An eligible producer, irrespective as to whether the eligible producer is or is not an individual, may vote once only on each matter put to a vote.
(3)  An eligible producer may vote once on each matter put to a vote, notwithstanding that the eligible producer may manage or operate or own, lease or hold equity in 2 or more operations.
Must be on list of eligible producers
38   An eligible producer is entitled to cast a vote under this Plan only if that producer’s name appears on the current list of eligible producers.
Returning officer
39(1)  The Commission shall appoint a returning officer for the purposes of and in connection with any election or vote taken under this Plan.
(2)  The returning officer may appoint individuals as deputy returning officers to assist in the conduct of elections and votes under this Plan.
(3)  The returning officer shall
                                 (a)    compile and maintain a voters list of eligible producers who are entitled to vote under this Plan,
                                 (b)    ensure that a person does not cast a vote, except in accordance with this Plan, and
                                 (c)    permit scrutiny of the actions of the returning officer and the deputy returning officers by a scrutineer in respect of the conduct of a vote taken under this Plan.
(4)  Unless otherwise directed by the Council, no person shall destroy any records or ballots in respect of a vote or election held under this Plan until 90 days have elapsed from the day on which the vote was taken.
Controverted election
40(1)  If an eligible producer
                                 (a)    questions
                                           (i)    the eligibility of a candidate,
                                          (ii)    the eligibility of a voter,
                                         (iii)    any matter relating to a ballot or the tabulation of ballots, or
                                         (iv)    any other irregularity with respect to the conduct of an election,
                                     and
                                 (b)    seeks to have the election declared invalid and the position declared vacant,
the eligible producer shall, not later than 15 days after the day on which the election was held, apply in writing to the Council to have the election declared invalid and the position declared vacant.
(2)  If, within the 15‑day period referred to in subsection (1), the Council has not received an application under subsection (1), a person elected at that election is deemed to be duly elected.
(3)  On receipt of an application under subsection (1), the Council shall consider the matter and may
                                 (a)    declare the election to be proper and the position filled, if, in the opinion of the Council, there is no basis for the application,
                                 (b)    declare the election to be proper and the position filled, notwithstanding that there is a basis for the application, if, in the opinion of the Council,
                                           (i)    the basis for the application did not materially affect the result of the election, and
                                          (ii)    the election was conducted substantially in accordance with this Plan and the Act,
                                     or
                                 (c)    declare the election to be void and the position vacant, if, in the opinion of the Council, there is a basis for the application and the basis is sufficient to, or did, affect the result of the election.
(4)  Notwithstanding that an election is declared void and a position is declared vacant under subsection (3)(c), the term of office of the position declared vacant is nevertheless deemed to have commenced on the day that the voided election was held.
(5)  If the Council declares an election to be void and the position vacant, the Council may
                                 (a)    order that, within the time that the Council considers proper, a special Commission meeting be held and an election be conducted to fill the vacant position, or
                                 (b)    appoint from among the eligible producers who are eligible to be elected to the position, an individual to fill the vacant position.
(6)  Where a person fills a position under subsection (5), that person shall serve for the unexpired portion of the term.
(7)  Where the Council makes an order under subsection (5)(a), the Council may direct that, instead of the election being conducted at a special Commission meeting, the election be conducted by means of a mail ballot under section 34.
Part 4 Transitional Provision, Review and Repeal
Transitional re directors
41(1)  Notwithstanding section 31(1), at the initial election for directors held after this Plan comes into force, the term of office of a director is
                                 (a)    one year, in the case of a director who is elected
                                           (i)    as the chair of the Commission,
                                          (ii)    as the vice‑chair of the Commission,
                                         (iii)    as a director at large, or
                                         (iv)    to represent producers who have fewer than 100 colonies,
                                     and
                                 (b)    2 years, in the case of a director who is elected as
                                           (i)    a regional director, or
                                          (ii)    a director to represent the Commission at the Canadian Honey Council. (2)  At the conclusion of the terms of office referred to in subsection (1), directors are to be elected for a term of office in accordance with section 31(1).
(3)  In determining under section 35 whether an eligible producer is eligible to be a director, the term of office served under subsection (1) is to be considered as a term of office.
Review
42   In compliance with the ongoing regulatory review initiative, this Regulation must be reviewed on or before May 31, 2016.
AR 59/2006 s42;60/2011
Schedule   
Regions
1   Region 1 is made up of the area that is included in the following:
                                 (a)    Vulcan County;
                                 (b)    County of Newell No. 4;
                                 (c)    County of Warner No. 5;
                                 (d)    County of Forty Mile No. 8;
                                 (e)    Wheatland County;
                                 (f)    County of Lethbridge;
                                 (g)    Cypress County;
                                 (h)    Cardston County;
                                  (i)    Municipal District of Taber;
                                  (j)    Municipal District of Willow Creek No. 26;
                                 (k)    Municipal District of Foothills No. 31;
                                  (l)    Municipal District of Ranchland No. 66;
                               (m)    Kananaskis Improvement District;
                                 (n)    Municipal District of Pincher Creek No. 9;
                                 (o)    Municipality of Crowsnest Pass;
                                 (p)    Improvement District No. 4 (Waterton);
                                 (q)    any city, town or village that is encompassed by the area described in clauses (a) to (p).
2   Region 2 is made up of the area that is included in the following:
                                 (a)    Municipal District of Acadia No. 34;
                                 (b)    Ponoka County;
                                 (c)    County of Stettler No. 6;
                                 (d)    Lacombe County;
                                 (e)    Mountain View County;
                                 (f)    County of Paintearth No. 18;
                                 (g)    Red Deer County;
                                 (h)    Municipal District of Bighorn No. 8;
                                  (i)    Rocky View County;
                                  (j)    Starland County;
                                 (k)    Kneehill County;
                                  (l)    Clearwater County;
                               (m)    Special Area No. 2;
                                 (n)    Special Area No. 3;
                                 (o)    Special Area No. 4;
                                 (p)    Improvement District No. 9 (Banff);
                                 (q)    Municipal District of Opportunity No. 17;
                                  (r)    Beaver County;
                                 (s)    Smoky Lake County;
                                  (t)    County of St. Paul No. 19;
                                 (u)    County of Two Hills No. 21;
                                 (v)    Camrose County;
                                (w)    County of Vermilion River;
                                 (x)    County of Minburn No. 27;
                                 (y)    Flagstaff County;
                                 (z)    Lamont County;
                              (aa)    Municipal District of Provost No. 52;
                              (bb)    Municipal District of Wainwright No. 61;
                               (cc)    Municipal District of Bonnyville No. 87;
                              (dd)    Lac La Biche County;
                               (ee)    Regional Municipality of Wood Buffalo;
                                (ff)    Improvement District No. 24 (Wood Buffalo);
                               (gg)    Improvement District No. 13 (Elk Island);
                              (hh)    any city, town or village that is encompassed by the area described in clauses (a) to (gg).
3   Region 3 is made up of the area that is included in the following:
                                 (a)    County of Wetaskiwin No. 10;
                                 (b)    County of Thorhild No. 7;
                                 (c)    County of Barrhead No. 11;
                                 (d)    Athabasca County;
                                 (e)    Strathcona County;
                                 (f)    Leduc County;
                                 (g)    Lac Ste. Anne County;
                                 (h)    Parkland County;
                                  (i)    Woodlands County;
                                  (j)    Brazeau County;
                                 (k)    Sturgeon County;
                                  (l)    Westlock County;
                               (m)    Yellowhead County;
                                 (n)    Municipal District of Lesser Slave River No. 124;
                                 (o)    Improvement District No. 12 (Jasper National Park) ;
                             (o.1)    Municipality of Jasper;
                                 (p)    Improvement District No. 25 (Willmore Wilderness);
                                 (q)    any city, town or village that is encompassed by the area described in clauses (a) to (p).
4   Region 4 is made up of the area that is included in the following:
                                 (a)    County of Grande Prairie No. 1;
                                 (b)    Municipal District of Greenview No. 16;
                                 (c)    Birch Hills County;
                                 (d)    Saddle Hills County;
                                 (e)    County of Northern Lights;
                                 (f)    Mackenzie County;
                                 (g)    Municipal District of Big Lakes;
                                 (h)    Municipal District of Smoky River No. 130;
                                  (i)    Northern Sunrise County;
                                  (j)    Municipal District of Spirit River No. 133;
                                 (k)    Municipal District of Peace No. 135;
                                  (l)    Municipal District of Fairview No. 136;
                               (m)    Clear Hills County;
                                 (n)    any city, town or village that is encompassed by the area described in clauses (a) to (m).
AR 59/2006 Sched.;60/2011
Read Entire Law on www.qp.alberta.ca