Alberta Lamb Producers Plan Regulation

(Consolidated up to 179/2022) ALBERTA REGULATion 152/2022 Marketing of Agricultural Products Act ALBERTA LAMB PRODUCERS PLAN REGULATION Table of Contents 1 Definitions 2 Designation of agricultural products Part 1 General Operation of Plan Division 1 Plan 3 Plan continued 4 Termination of Plan 5 Application of Plan 6 Purposes of Plan Division 2 Administration of Plan by Commission 7 Commission continued 8 Functions of Commission 9 Regulations to operate Plan 10 Financing of the Plan 11 Refund of service charge ` 12 Indemnification fund Part 2 Governance of Plan Division 1 Composition and Election of the Commission 13 Composition of Commission 14 Election of directors Division 2 Controverted Election, Vacancy 15 Controverted election 16 Vacancy Part 3 Review, Transitional and Repeal 17 Review 18 Transitional 19 Repeal Definitions 1 In this Regulation, (a) “Act” means the Marketing of Agricultural Products Act ; (b) “annual meeting” means an annual general meeting of eligible producers held in accordance with the bylaws; (c) “bylaws” means the bylaws made by the Commission pursuant to section 26(2.1) of the Act; (d) “Canada Act” means the following: (i) the Farm Products Agencies Act (Canada); (ii) the Agricultural Products Marketing Act (Canada); (e) “Commission” means the Alberta Lamb Producers referred to in section 7; (f) “Council” means the Alberta Agricultural Products Marketing Council; (g) “dealer” means a person who (i) buys wool from a producer, (ii) acquires wool from a producer for sale on the producer’s behalf, (iii) acts as an agent for a buyer of wool from a producer, or (iv) acts as an agent in the buying or selling of wool and in respect of buying makes direct payment to the producer; (h) “director” means a director of the Commission; (i) “eligible producer” means a producer who qualifies as an eligible producer under the bylaws; (j) “fiscal year” means the fiscal year of the Commission as set out in the bylaws; (k) “marketing” (i) means buying or selling the regulated product, and (ii) includes any other function or activity designated as marketing by the Minister; (l) “person” means a person as defined in the Interpretation Act and includes (i) a partnership as defined in the Partnership Act , (ii) an 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); (m) “Plan” means the Alberta Lamb Producers Plan referred to in section 3; (n) “processing” means changing the nature or form of the regulated product; (o) “processor” means a person who is in the business of (i) buying sheep for the purpose of slaughtering or otherwise processing the regulated product, or (ii) buying wool for the purpose of processing; (p) “producer” means a person who (i) owns sheep, or (ii) sells wool that is sheared from sheep owned by that person; (q) “regulated product” means the following: (i) live sheep; (ii) the whole or any part of a sheep carcass; (iii) wool; (r) “sale” means any contract, bargain, arrangement, consignment or agreement under which the beneficial title to or beneficial ownership of the regulated product transfers from a seller to a buyer, with or without the involvement of agents for either the seller or buyer; (s) “sheep” means domestic rams, wethers, ewes and lambs of genus Ovis; (t) “wool” means shorn grease wool that comes from sheep. Designation of agricultural products 2 Sheep and wool are designated as agricultural products for the purposes of the Act. Part 1 General Operation of Plan Division 1 Plan Plan continued 3 The Alberta Lamb Producers Plan continued under the Alberta Lamb Producers Plan Regulation (AR 263/2001) is hereby amended and continued under this Regulation. Termination of Plan 4 The 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 5 (1) The Plan applies (a) to all of Alberta, (b) to producers who produce or market the regulated product other than those producers who are exempted under the Plan, and (c) to dealers for the purpose of sections 9(a), (b), (c) and (e) and 10. (2) Where a person carries out the functions of a producer, dealer and processor, or carries out any one or more of those functions, the Plan applies to that person in respect of each of those functions that the person carries out. (3) A person or any class of persons or any class of the regulated product may be exempt from the Plan or any portion of the Plan where permitted by a majority vote of the eligible producers conducted at an annual meeting. Purposes of Plan 6 (1) The purposes of the Plan are to do the following: (a) to provide for the initiation, support or conduct of programs for stimulating, increasing and improving the economic well‑being of the sheep and wool industry in Alberta; (b) to provide for the initiation, support or conduct of studies and research and development in connection with (i) production of the regulated product, (ii) processing and marketing of the regulated product, and (iii) consumer needs and demands with respect to the regulated product; (c) to provide assistance in the education of producers and dealers of the regulated product in respect of the proper methods of production, marketing and processing of the regulated product; (d) to provide for the initiation, support or conduct of promotional activities in respect of the production, marketing and processing of the regulated product; (e) to provide funds to any organization for programs that have objectives similar to those of the Commission. (2) Under the Plan neither the production nor the marketing of the regulated product is controlled or regulated. Division 2 Administration of Plan by Commission Commission continued 7 The Commission known as Alberta Lamb Producers is hereby continued. Functions of Commission 8 (1) The Commission is, subject to the Act, responsible for the following: (a) the operation, regulation, supervision and enforcement of the Plan, the regulations made by the Commission and the bylaws; (b) carrying out the authority delegated to the Commission; (c) the direction, administration and management of the Commission’s work, business and affairs, including the control and management of the assets owned, held or acquired by the Commission; (d) doing all things that are necessary to carry out the purposes of the Plan and the authority of the Commission. (2) The Commission may, in accordance with section 50 of the Act, be authorized to perform any function or duty and exercise any power imposed or conferred on the Commission by or under a Canada Act. Regulations to operate Plan 9 The Commission is authorized under section 26(1) of the Act to make, with the approval of the Council, regulations (a) requiring producers engaged in the production or marketing, or both, of the regulated product to register their names and addresses with the Commission; (b) requiring any person who produces, markets or processes the regulated product to furnish to the Commission any information or record relating to the marketing or processing of the regulated product that the Commission considers necessary; (c) providing for (i) the assessment, charging and collection of service charges from producers from time to time as required for the purpose 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; (d) respecting the circumstances, if any, under which a service charge may be refunded to a producer; (e) 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; (f) providing for the use of any class of service charges, licence fees or other money payable to or received by the Commission for the purpose of paying its expenses and administering the Plan and the regulations made by the Commission; (g) providing for the payment to a Canada Board of money that is payable under a Canada Act. AR 152/2022 s9;179/2022 Financing of the Plan 10 In accordance with the regulations, (a) the Plan is to be financed by the charging and collection of service charges from producers and any other money payable to or received or accrued by the Commission, (b) every producer must pay a service charge (i) on each sheep, and (ii) on each kilogram or pound of wool sold by the producer, and (c) the Commission may, from time to time, change the amount of the service charge, but the change is not effective until it has been approved (i) by a majority of the eligible producers at an annual meeting, and (ii) by the Council. Refund of service charge 11 (1) The Commission must refund a service charge paid on or after September 1, 2010 on the request of a producer in accordance with the Alberta Lamb Producers Regulation (AR 389/2003). (2) In the event that within one fiscal year (a) the eligible producers requesting a refund of the service charges comprise more than 35% of the existing eligible producers, and (b) those eligible producers requesting a refund account for at least 35% of the service charges collected during the current fiscal year, the Council may direct that the continued operation of the Plan is to be subject to the approval of a majority of eligible producers at a plebiscite to be held under the direction of the Council pursuant to the Act. Indemnification fund 12 The Commission shall not establish and operate a fund under section 34 or 35 of the Act. Part 2 Governance of Plan Division 1 Composition and Election of the Commission Composition of Commission 13 The Commission consists of 7 directors elected or appointed in accordance with the Plan and the bylaws. Election of directors 14 (1) Subject to section 15(5)(a), the election of directors is to be conducted at or in conjunction with the annual meeting by means of a vote of eligible producers in accordance with the bylaws. (2) An eligible producer may vote only once for each director position open at an election notwithstanding that the producer may manage, operate, own, lease or hold equity in 2 or more operations. (3) If the eligible producers fail to elect the required number of directors, the Commission may fill the vacant position or positions in accordance with section 16. Division 2 Controverted Election, Vacancy Controverted election 15 (1) If an eligible producer questions (a) the eligibility of a candidate, (b) the eligibility of a voter, (c) any matter relating to a ballot or the tabulation of ballots, or (d) any other irregularity with respect to the conduct of an election, that eligible producer may, not later than 15 days after the day of the election, apply in writing to the Council to have the election declared invalid and the position declared vacant. (2) If the Council has not received an application under subsection (1) within the 15‑day period referred to in subsection (1), an individual 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 the 15‑day period referred to in subsection (1). (4) On receipt of an application under subsection (1), the Council must 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 application did not materially affect the result of the election, and (ii) the election was conducted substantially in accordance with the Plan, the bylaws 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) 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, an election be conducted by means of a vote of eligible producers in accordance with the bylaws to fill the vacant position for the unexpired portion of the term, or (b) have the Commission fill the vacant position in accordance with section 16. (6) Notwithstanding that an election is declared void and a position is declared vacant under subsection (4)(c), the term of office of the position is deemed to have commenced on the day that the election that was declared void was held. Vacancy 16 Where a vacancy occurs on the Commission, the Commission may, with the approval of Council and in accordance with the bylaws, appoint an individual to fill the position from among the eligible producers who are eligible to be elected to that position. Part 3 Review, Transitional and Repeal Review 17 In compliance with the ongoing regulatory review initiative, this Regulation must be reviewed on or before April 30, 2027. Transitional 18 Where an individual is a director immediately before the coming into force of this Regulation, that individual continues to be a director until the expiry of that individual’s term of office in accordance with the Plan and the bylaws unless (a) the individual is removed or resigns from office, or (b) the bylaws reduce or increase the term of office for that position. Repeal 19 The Alberta Lamb Producers Plan Regulation (AR 263/2001) is repealed.