| |
Alberta Regulation 70/93
Copyright in the Statutes and Regulations, whether in print or electronic format, belongs to the Province of Alberta. No person may reproduce copies of Alberta Statutes and Regulations for any purpose without the prior consent of the Queen's Printer for Alberta.
The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.
Copies of Alberta legislation are available in print and electronic format from:
Alberta's Queen Printer
Email: qp@gov.ab.ca
Online: www.gov.ab.ca
Table of Contents
Definitions
Designation Part 1
General Operation of Plan
Division 1 Plan
Establishment of Plan
Termination of Plan
Application of Plan
Purpose and intent
Division 2 Operation of Plan by the Board
Board continued
Responsibilities of Board
Regulations to operate Plan
Financing of the Plan
Remuneration
Appointment of auditor
Authority from Governor in Council
Indemnification funds
Part 2
Representation
Members of Board
Chairman, etc.
Terms of office
Vacancy
General meetings
Meetings of Board
Notification of general meetings
Quorum Part 3
Eligibility, Voting and Elections
Licensed producers who are individuals
Licensed producers that are not individuals
Eligibility re Board member
Eligibility to vote
Voting
Voters list
Nominations
Elections
Returning officer
Duties of returning officer
Result of invalid election
Controverted election
Review
Transitional
Repeal
Definitions
1 In this Plan,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "annual Board meeting" means an annual general meeting of the members of the Board and of the licensed producers;
(c) "Board" means the board established under section 7;
(c.1) "Canada Board" means
(i) the National Farm Products Marketing Council or an agency established pursuant to the Farm Products Agencies Act (Canada), or
(ii) the Governor General in Council, as the case may be;
(d) "chicken" means any category of chicken that
(i) is under 6 months of age, and
(ii) is not raised for egg production,
and includes any one or more of broilers, roasters or rock cornish chicken;
(e) "consumer" means a person who receives or purchases chicken or parts or portions of chicken wholly for the use of that person or that person's family;
(f) "Council" means the Alberta Agricultural Products Marketing Council;
(g) "licensed producer" means a person who holds a licence issued by the Board authorizing that person to produce and market chicken;
(h) "marketing" means buying, owning, selling, offering for sale, storing, grading, assembling, packing, transporting, advertising or financing;
(i) "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);
(j) "Plan" means the Plan that is established under section 3;
(k) "processing" means changing the nature of chicken by mechanical means or otherwise and includes the killing of chicken;
(l) "processor" means a person who is engaged in the business of processing chicken;
(m) "producer" means a person who is engaged in the production of chicken in Alberta;
(n) "production" includes the possession of chicken;
(o) "production facilities" includes the buildings or improvements or both in which chicken is produced and the parcel of land on which the buildings or improvements or both are located;
(p) "quota" means the privilege granted by the Board to a producer to produce and market chicken;
(q) "regulated product" means chicken;
(r) "special Board meeting" means a special general meeting of the members of the Board and of the licensed producers.
AR 70/93 s1;262/2001
Designation
2 Chicken is designated as an agricultural product for the purposes of the Act.
Part 1
General Operation Of Plan
Division 1
Plan
Establishment of Plan
3 The Alberta Chicken Producers' Plan is hereby established.
Termination of Plan
4 This Plan does not terminate at the conclusion of a specific period of time and shall remain in force unless otherwise terminated pursuant to the Act.
Application of Plan
5 (1) This Plan applies
(a) to all of Alberta,
(b) to all persons who produce or market or produce and market any kind or grade of chicken, and
(c) for the purposes of section 9(1)(b), (c), (d), (e), (f) and (g) and (2)(f), (h), (j), (k), (l), (m), (p) and (q) to processors.
(2) A person who has not been granted a quota under this Plan is exempt from the licensing, service charge and quota provisions of this Plan if
(a) the person does not produce more than 2000 chickens in a calendar year,
(b) the person ordinarily resides on the same parcel of land on which the production facilities where the chicken is produced are located,
(c) not more than 2000 chickens are produced on the land where the production facilities are located, and
(d) the chicken is
(i) consumed by the person or the person's family, or
(ii) sold to consumers from
(A) the land referred to in clause (b),
(B) land that is adjacent to the land referred to in clause (b), or
(C) a stall at a farmers' market.
Purpose and intent
6 The purpose of the Plan is
(a) to provide for the effective promotion, control and regulation in all respects of the production and marketing, or either of them, of the regulated product, including the prohibition of production and marketing in whole or in part, and
(b) without limiting the generality of clause (a), to accomplish the following:
(i) to establish quotas for the production and marketing of the regulated product;
(ii) to maintain a fair and stabilized price for the regulated product;
(iii) to develop and maintain the orderly marketing of the regulated product;
(iv) to provide a uniform, high quality of the regulated product for the market;
(v) to maintain adequate advertising and promotion of the regulated product;
(vi) to work with marketing boards and similar organizations having similar objectives including such boards and organizations that may be established in other provinces;
(vii) to provide for the prohibition of production or marketing of the regulated product where the regulated product is not marketed under or pursuant to a quota.
Division 2
Operation of Plan by the Board
Board continued
7 (1) A board with the name "Alberta Chicken Producers" is hereby established.
(2) The Board shall operate pursuant to this Plan.
Responsibilities of Board
8 The Board
(a) is, subject to the Act, responsible for the operation, regulation, supervision and enforcement of this Plan;
(b) may appoint a General Manager and other officers and agents, prescribe their duties and fix and provide for their remuneration;
(c) shall open one or more bank accounts and designate any officers, employees and other persons necessary to
(i) sign cheques and other negotiable instruments,
(ii) transact the Board's business with its bank, trust corporation, credit union, treasury branch or other depository, and
(iii) generally do all things incidental to or in connection with the transaction of the Board's business with its bank, trust corporation, credit union, treasury branch or other depository;
(d) must maintain such books and records, including financial records,
(e) shall maintain an office and notify each licensed producer, licensed processor, licensed hatchery and the Council of the location of the office;
(f) subject to the Act, may issue directions governing the Board's internal operations.
AR 70/93 s8;262/2001
Regulations to operate Plan
9 (1) For the purposes of enabling the Board to operate this Plan, the Board may be empowered by the Council, pursuant to section 26 of the Act, to make regulations
(a) requiring producers engaged in the production or marketing, or both, of the regulated product to register their names and addresses with the Board;
(b) requiring any person who produces, markets or processes the regulated product to furnish to the Board any information or record relating to the production, marketing or processing of the regulated product that the Board considers necessary;
(c) requiring persons to be licensed under the Plan before they become engaged in the production, marketing and processing, or any one or more of those functions, of the regulated product;
(d) prohibiting persons from engaging in the production, marketing or processing, as the case may be, of the regulated product except under the authority of a licence;
(e) governing the issuance, suspension or cancellation of a licence;
(f) providing for
(i) the assessment, charging and collection of service charges and licence fees, as the case may be, from producers from time to time for the purposes of the Plan, and
(ii) the taking of legal action to enforce payment of the service charges and licence fees, as the case may be;
(g) requiring any person who receives any regulated product from a producer
(h) providing for the use of any class of service charges, licence fees, levies or other money payable to or received by the Board for the purpose of paying its expenses and administering the Plan and the regulations made by the Board;
(i) providing for the payment to a Canada Board of money that is payable under a Canada Act.
(2) For the purposes of enabling the Board to operate this Plan, the Board may be empowered by the Council, pursuant to section 27(1) of the Act, to make regulations
(a) requiring that the production or marketing, or both, of the regulated product be conducted pursuant to a quota;
(b) governing
(i) the fixing and allotting of quotas,
(ii) the increase or reduction of quotas,
(iii) the cancelling of quotas, and
(iv) the refusal to fix and allot quotas,
to producers for the production or marketing, or both, of the regulated product on any basis the Board considers appropriate;
(c) governing the transferability or non-transferability of quotas and prescribing the conditions and procedures applicable to the transfer of quotas, if any, that the Board considers appropriate;
(d) establishing
(i) a formula for determining the amount or number of regulated product deemed to have been produced or marketed by a producer, and
(ii) the period of time in respect of which the formula is to be applied,
for the purpose of determining the amount of regulated product produced or marketed by a producer during a period of time;
(e) providing for
(f) requiring any person who provides any regulated product to a producer under the Plan to furnish to the Board any information requested by the Board;
(g) determining the quantity of each class, variety, size, grade and kind of the regulated product that shall be produced or marketed, or both, by each producer;
(h) directing, controlling or prohibiting, as the case may be, the production or marketing, or both, of the regulated product or any class, variety, size, grade or kind of the regulated product in a manner that the Board considers appropriate;
(i) regulating and controlling the production or marketing, or both, of the regulated product, including the times and places at which the regulated product may be produced or marketed;
(j) determining from time to time the minimum price or prices that shall be paid to producers for the regulated product or any class, variety, grade, size or kind of the regulated product and determining different prices for different parts of Alberta;
(k) requiring that the money payable or owing to a producer for the regulated product be paid to or through the Board;
(l) providing for the payment to a producer of the money payable or owing for the regulated product, less any service charges and levies owing to the Board by the producer, and fixing the time or times at which or within which the payments shall be made;
(m) governing
(n) prohibiting a person to whom a quota has not been fixed and allotted for the production or marketing, or both, of the regulated product from producing or marketing, as the case may be, any regulated product;
(o) prohibiting a producer to whom a quota has been fixed and allotted for the production or marketing, or both, of the regulated product from producing or marketing, as the case may be, any regulated product in excess of that quota;
(p) prohibiting any person from purchasing or otherwise acquiring from a producer any regulated product in excess of the quota that has been fixed and allotted to the producer for the production or marketing, or both, of the regulated product;
(q) prohibiting any person from purchasing or otherwise acquiring any regulated product from a person to whom a quota has not been fixed and allotted for the production or marketing, or both, of the regulated product.
(3) A regulation made by the Board under section 26 or 27 of the Act shall not be filed in accordance with the Regulations Act unless the regulation is first submitted to and approved of by the Council.
Financing of the Plan
10 In accordance with the regulations this Plan shall be financed by the charging and collection of service charges, licence fees and levies.
Remuneration
11 The remuneration to be paid to the chairman of the Board and to the other members of the Board shall be fixed by a vote of the licensed producers at an annual Board meeting or special Board meeting.
Appointment of auditor
12 (1) The licensed producers shall from time to time appoint an auditor for the Board.
(2) The appointment of an auditor shall be made at an annual Board meeting or a special Board meeting.
Authority from Governor in Council
13 The Board is empowered to accept and exercise any power and authority delegated to it by or pursuant to the Agricultural Products Marketing Act (Canada) or the Farm Products Agencies Act (Canada), or both of them.
AR 70/93 s13;262/2001
Indemnification funds
14 (1) The Board may establish one or more funds under section 34 or 35 of the Act.
(2) In order to finance the funds, the Board may raise amounts in accordance with sections 34 and 35 of the Act.
Part 2
Representation
Members of the Board
15 Subject to section 17, the Board consists of 5 members, who must be licensed producers.
AR 70/93 s15;262/2001
Chairman, etc.
16 Within 30 days from the day that the members of the Board are elected to the Board, the members of the Board shall elect from among themselves
Terms of office
17 (1) Each member of the Board shall be elected for a term of 3 years.
(2) A licensed producer shall not serve as a member of the Board for more than 6 consecutive years and if the person serves for 6 consecutive years, the person is not eligible to serve again as a member of the Board until one year has expired following the expiry of that person's last term.
(3) Notwithstanding subsections (1) and (2), a member of the Board, with the approval of the Council, may be elected to serve as an additional member of the Board for an additional period not to exceed 3 years in order to enable the Board to fulfill its commitments to the Canada Board.
(4) A person who is elected under subsection (3) is not eligible to be elected to the Board again until 3 years have expired following the expiry of the additional term referred to in subsection (3).
AR 70/93 s17;262/2001
Vacancy
18 (1) If a vacancy occurs on the Board, the Board may, with the approval of the Council, appoint from among the licensed producers who are eligible to be elected to the Board a person to act as a member until the date of the next annual Board meeting, at which time the position shall be filled by an election held in accordance with this Plan.
(2) A licensed producer who is elected as a member of the Board pursuant to this section shall hold office for the unexpired portion of the term.
General meetings
19 (1) The Board shall hold an annual Board meeting at least once in each calendar year.
(2) Not more than 16 months may elapse between annual Board meetings.
(3) A special Board meeting
(a) may be called by the Board, and
(b) shall be called by the Board on the written request of the Council or of 25 or more licensed producers.
(4) The time and place of an annual Board meeting or a special Board meeting shall be fixed by the Board.
Meetings of Board
20 The Board may, at the call of the chairman or 3 other members of the Board, conduct meetings of the members of the Board.
Notification of general meetings
21 (1) Where an annual Board meeting or a special Board meeting is to be held, the Board shall in writing notify each licensed producer who is entitled to vote under the Plan of the meeting by forwarding the notice by ordinary mail to the licensed producer at the latest address for the licensed producer that is on the records of the Board.
(2) A notice given under this section
Quorum
22 The quorum necessary under this Plan
(a) in the case of an annual Board meeting or special Board meeting is
(i) 25 licensed producers, or
(ii) 10% of the licensed producers,
whichever is the greater, and
(b) in the case of a meeting of the members of the Board is 3 members of the Board.
Part 3
Eligibility, Voting and Elections
Licensed producers who are individuals
23 Where a licensed producer is an individual, the following applies:
(a) that individual may vote in an election or on any matter under this Plan or hold office under this Plan but an agent of that individual shall not, on behalf of that individual, vote in an election or on any matter under this Plan or hold office under this Plan;
(b) that individual shall not on that individual's own behalf, vote in an election or on any matter under this Plan unless
(i) the individual's name appears on the current voters list, or
(ii) the individual makes a statutory declaration stating that the individual
(A) is a licensed producer, and
(B) has not previously voted in the election or on the matter in respect of which the individual wishes to cast a vote;
(c) notwithstanding clause (a), if that individual is appointed as a representative of a licensed producer under section 24, that individual, during the time that the individual is a representative of a licensed producer,
(i) may only vote in an election or on any matter under this Plan or hold office under this Plan in that individual's capacity as a representative of a licensed producer, and
(ii) shall not vote in an election or on any matter under this Plan or hold office under this Plan in the individual's own capacity as a licensed producer.
Licensed producers that are not individuals
24 (1) Where a licensed producer is a person other than an individual, that licensed producer shall not
(a) make representations on any matter pertaining to this Plan or the operation of the Board,
(b) attend meetings held under this Plan,
(c) vote on any matter under this Plan,
(d) vote at an election under this Plan, or
(e) hold office under this Plan,
except in accordance with this section.
(2) A licensed producer that is a person other than an individual shall appoint an individual to be the representative of the licensed producer and that individual shall on behalf of that licensed producer do the following:
(a) make representations on any matter pertaining to this Plan or the operation of the Board;
(b) attend meetings held under this Plan;
(c) vote on any matter under this Plan;
(d) vote at an election under this Plan;
(e) hold office under this Plan.
(3) If a licensed producer is
(a) a corporation, it shall appoint an individual who is a director, shareholder, member, officer or employee of the corporation as its representative,
(b) a partnership, it shall appoint an individual who is a partner or employee of the partnership as its representative, or
(c) an organization, other than a corporation or partnership, it shall appoint an individual who is a member, officer or employee of the organization as its representative.
(4) An appointment of a representative under this section must
(5) A representative of a licensed producer shall not cast a vote under this Plan unless
(a) the licensed producer's name appears on the current voters list, and
(b) that representative, prior to the vote being cast, provides in accordance with subsection (7) a copy of the document filed under subsection (4).
(6) Notwithstanding subsection (4) or (5), if a licensed producer or a representative of a licensed producer has failed to meet the requirements of subsection (4) or (5)(a) or is unable to produce a copy of the document filed under subsection (4), an individual who is the representative of the licensed producer may cast a vote under this Plan if the individual, prior to the vote being cast, makes a statutory declaration in writing stating that the individual
(a) is the representative of the licensed producer, and
(b) has not previously voted in the election or on the matter in respect of which the vote is to be taken.
(7) The document or statutory declaration referred to in subsection (5) or (6) must
(a) in the case of an election, be provided to or made before the returning officer or deputy returning officer, or
(b) in the case of a vote other than an election, be provided to or made before a director or officer of the Board.
(8) An individual may not at any one time be a representative under this section for more than one licensed producer.
(9) A representative may not hold office under this Plan on behalf of the licensed producer before the representative's appointment is filed in accordance with subsection (4).
Eligibility re Board member
25 (1) A person may be elected to the Board if the person
(a) is a licensed producer,
(b) has been allocated a quota by the Board,
(c) has been nominated in accordance with this Plan, and
(d) is not a processor, a designated representative of a processor or a member of the board of directors or otherwise involved in the management or direction of an organization that processes chicken.
(2) A member of the Board is disqualified from continuing to act as a member if that person
(a) ceases to be licensed producer,
(b) has been found to be of unsound mind by a court in Canada or elsewhere,
(c) is a bankrupt, or
(d) is, without the approval of the Board, which can be given before or after the absence occurs, absent for 3 consecutive meetings of the Board.
Eligibility to vote
26 A licensed producer is entitled to vote in an election of a member of the Board or on any question put to a vote if the licensed producer is present at the meeting at which the election or vote is being held.
Voting
27 A licensed producer who is eligible to vote may
(a) vote once on each matter, and
(b) in the case of an election of a member of the Board, vote for any number of candidates not exceeding the number of members to be elected to the Board at that meeting,
notwithstanding that the licensed producer may manage or operate or own, lease or hold equity in 2 or more operations that are registered separately with the Board.
Voters list
28 (1) When an election to the Board is to be conducted, the returning officer shall prepare, not less than 30 days before the election is to be held, a list of the licensed producers who are eligible to vote in the election.
(2) The voters list shall be available to any person for inspection before, during and after an election.
Nominations
29 (1) Nominations for candidates for election as members of the Board must
(a) be signed by at least 2 licensed producers and by the nominee, and
(b) be delivered to the returning officer before the beginning of the meeting at which the election is to be held.
(2) Notwithstanding subsection (1), nominations from the floor shall be accepted if
Elections
30 Subject to section 34, elections to the Board shall be conducted at the annual Board meeting.
Returning officer
31 (1) Subject to subsection (2), the General Manager of the Board shall be the returning officer for the purposes of an election or vote taken under this Plan.
(2) The Board may appoint a person other than the General Manager to act as returning officer for the purposes of an election or vote taken under this Plan.
(3) The returning officer may appoint persons as deputy returning officers to assist in the conduct of elections and votes under this Plan.
Duties of returning officer
32 (1) The returning officer shall
(a) ensure that a person does not cast a vote except in accordance with this Plan, and
(b) 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.
(2) Unless otherwise directed by Council, no returning officer or other 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 date the vote was taken.
Result of invalid election
33 (1) If an election is held under this Plan and there is in attendance at the meeting at which the election is held an insufficient number of persons who are eligible to vote at the election,
(2) Notwithstanding that a position is vacant by reason of subsection (1), the term of office of the position is deemed to have commenced as if a person had been elected to the position.
Controverted election
34 (1) If a licensed 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 licensed producer shall, not later than 30 days after the date of the election, apply in writing to the Council to have the election declared invalid and the position declared vacant.
(2) If, within 30 days after the date of an election, the Council has not received an application under subsection (1), a person elected at that election is deemed to be duly elected.
(3) The Council shall not consider an application under subsection (1) that is not received by the Council within 30 days after the date of the election.
(4) 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 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.
(5) Notwithstanding that an election is declared void and a position is declared vacant under subsection (4)(c), the term of office of the position declared vacant is deemed to have commenced on the date that the election that was declared void was held.
(6) Notwithstanding section 18, if the Council declares an election to be void and the position vacant, the Council shall
(a) order that within the time that Council considers proper, a special Board meeting be held and an election conducted to fill the vacant position, or
(b) have the Board appoint, from among persons who are eligible to be elected to the position, a person to fill the vacant position, in accordance with section 18.
(7) A person elected under subsection (6)(a) shall hold office for the unexpired portion of the term.
(8) A person appointed under subsection (6)(b) shall hold office until the next annual Board meeting following the appointment, at which time the person ceases to hold office and an election shall be held to fill the office for the unexpired portion of the term.
Review
34.1 In compliance with the on-going regulatory review initiative, this Regulation must be reviewed on or before May 31, 2007.
AR 208/96 s2;262/2001
Transitional
35 (1) In this section,
(a) "new Board" means the Board established under this Plan;
(b) "new Plan" means this Plan;
(c) "previous Board" means the Alberta Chicken Producers' Marketing Board;
(d) "previous Plan" means the Alberta Chicken Producers' Marketing Plan, 1965.
(2) The persons who, immediately before the coming into force of the new Plan, were members of the previous Board under the previous Plan shall, on the coming into force of the new Plan, continue as members of the new Board under the new Plan until members of the new Board are elected under the new Plan.
(3) All assets, liabilities and obligations of the previous Board are assumed by the new Board.
(4) Any obligation or liability that a person has
(a) under the previous Plan is an obligation or liability, as the case may be, under the new Plan, or
(b) with or in respect of the previous Board is an obligation or liability, as the case may be, with or in respect of the new Board.
(5) Any reference to the previous Board or the previous Plan in any document, agreement or regulation that is subsisting or in force immediately before the coming into force of the new Plan shall be deemed to be a reference to the new Board or the new Plan, as the case may be.
(6) Any proceeding that has been commenced but not completed under the previous Plan or in respect of the previous Board may be continued and completed under the new Plan or in respect of the new Board.
(7) Any matters or business of the previous Board that was in progress at the time of the coming into force of the new Plan may be continued by the new Board.
Repeal
36 Alberta Regulation 17/66 is repealed.
For more information about this regulation, contact Mike Pearson.
Other Regulations for the Marketing of Agricultural Products Act
The contents of this page are no longer available.
|
|