Alfalfa Seed Plan Regulation

(no amdt) alberta regulation 154/2024 Marketing of Agricultural Products Act ALFALFA SEED PLAN REGULATION Table of Contents 1 Definitions 2 Designation of agricultural product 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 Operation of Plan by Commission 7 Commission continued 8 Functions of Commission 9 Regulations to operate Plan 10 Financing of Plan 11 Service charges refundable 12 No indemnification or other funds Part 2 Governance of Plan Division 1 Directors 13 Board of directors 14 Election of directors Division 2 Vacancies and Election Irregularities 15 Vacancies 16 Failure to elect 17 Election irregularities Part 3 Review, Transitional and Repeal 18 Review 19 Transitional re directors 20 Repeal Definitions 1 In this Regulation, (a) “Act” means the Marketing of Agricultural Products Act ; (b) “annual Commission meeting” means the annual general meeting of eligible producers; (c) “board” means the board of directors established under section 13; (d) “bylaws” means the bylaws made by the Commission pursuant to section 26(2.1) of the Act; (e) “Commission” means the Alfalfa Seed Commission referred to in section 7; (f) “Council” means the Alberta Agricultural Products Marketing Council; (g) “director” means a director of the Commission; (h) “eligible producer” means a producer who qualifies as an eligible producer in accordance with the bylaws; (i) “fiscal year” means the period beginning on January 1 and ending on December 31 of the same calendar year; (j) “producer” means a person who is entitled, pursuant to a crop share arrangement, to a share of alfalfa seed; (k) “regulated product” means alfalfa seed; (l) “special Commission meeting” means a special meeting of eligible producers held in accordance with the bylaws. Designation of agricultural product 2 Alfalfa seed is designated as an agricultural product for the purposes of the Act. Part 1 General Operation of Plan Division 1 Plan Plan continued 3 The Alfalfa Seed Plan established under the Alfalfa Seed Plan Regulation (AR 181/2009) is 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 in accordance with the Act. Application of Plan 5 (1) The Plan applies to alfalfa seed. (2) Notwithstanding subsection (1), the Plan does not apply to the production or marketing of the regulated product in the Alberta Peace Region as described in the Schedule to the Alberta Peace Region Forage Seed Growers Plan Regulation (AR 91/2004). Purposes of Plan 6 (1) The purposes of the Plan are to do the following: (a) to initiate and carry out projects or programs to commence, stimulate, increase or improve the production or marketing, or both, of the regulated product; (b) to initiate, fund or conduct studies and research development with respect to (i) the production, handling and marketing of the regulated product, and (ii) the development and use of the regulated product that improves the demand, agronomic competitiveness, sustainability and profitability of the regulated product; (c) to assist, educate and inform producers, dealers and other persons with a commercial interest in the regulated product in developing and improving methods regarding the production and marketing of the regulated product; (d) to advise and lobby governments on matters concerning the alfalfa seed industry; (e) to work with federal and provincial agencies and with any agricultural organization or person to improve the alfalfa seed industry; and (f) to act as an agent on behalf of producers in respect of matters relating to the Canada Revenue Agency’s Scientific Research and Experimental Development Tax Incentive Program as it applies to the regulated product. (2) Under the Plan, neither the production nor the marketing of the regulated product is to be controlled or regulated. Division 2 Operation of Plan by Commission Commission continued 7 The Alfalfa Seed Commission established under the Alfalfa Seed Plan Regulation (AR 181/2009) is continued under this Regulation. Functions of Commission 8 The Commission (a) is responsible for the operation, regulation, supervision and enforcement of the Plan, the regulations made by the Commission and the bylaws and, (b) may be authorized, in accordance with section 50 of the Act, to perform any function or duty and exercise any power imposed or conferred on the Commission by or under any 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 any person who produces or markets the regulated product to furnish to the Commission any information or record relating to the production or marketing of the regulated product that the Commission considers necessary; (b) requiring persons other than producers to be licensed under the Plan before they become engaged in the production or marketing, or both, of the regulated product; (c) governing the issuance, suspension or cancellation of a licence issued under the Plan; (d) providing for (i) the assessment, charging and collection of service charges 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; (e) respecting the circumstances, if any, under which a service charge may be refunded to a producer; (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 the Plan and the regulations made by the Commission. Financing of Plan 10 In accordance with the regulations, the Plan is to be financed by (a) the charging and collection of service charges from producers, and (b) any other money payable to or received or accrued by the Commission. Service charges refundable 11 (1) In accordance with the regulations, a service charge is refundable to an eligible producer who is a resident of Alberta, on request of the eligible producer. (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 shall be subject to the approval of a majority of eligible producers at a plebiscite to be held under the direction of the Council in accordance with the Act. (3) Within 120 days following the end of a fiscal year, the Commission must report to the Council the refunds made under this section for that fiscal year. No indemnification or other funds 12 The Commission shall not establish a fund under section 34 or 35 of the Act. Part 2 Governance of Plan Division 1 Directors Board of directors 13 The Commission shall have a board of directors consisting of a minimum of 5 directors and a maximum of 8 directors elected or appointed in accordance with the Plan and the bylaws. Election of directors 14 (1) The election of directors is to be conducted (a) at the annual Commission meeting, or (b) by mail ballot, if the Commission so directs, by means of a vote of eligible producers in accordance with the procedures set out in the bylaws. (2) The election results shall be officially declared at the annual Commission meeting. Division 2 Vacancies and Election Irregularities Vacancies 15 (1) If a vacancy occurs on the board, the remaining directors may, in accordance with the bylaws and with the approval of the Council, appoint from among the producers who are eligible to be elected to the board an individual to act as a director until the date of the next annual Commission meeting. (2) At the next annual Commission meeting following the appointment of an individual under subsection (1), the position must be filled for the unexpired portion of the term by holding an election in accordance with the Plan and the bylaws. Failure to elect 16 (1) Where the eligible producers at an annual Commission meeting fail to elect directors, the board may, in accordance with section 15, appoint producers who are eligible to hold those positions to fill the vacant position. (2) An individual appointed to a position under subsection (1) holds the position as if that individual had been elected to the position. Election irregularities 17 (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 void 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 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 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, a special Commission meeting be held and an election conducted to fill the vacant position for the unexpired portion of the term, or (b) notify the Commission that the position is vacant and that the Commission may appoint an individual to fill the vacant position in accordance with section 15. (6) Notwithstanding that an election is declared void and a position is declared vacant under subsection (4)(c), the bylaws may provide that the term of office of the vacant position is deemed to have commenced as if an individual had been elected to the position. Part 3 Review, Transitional and Repeal Review 18 In compliance with the ongoing regulatory review initiative, this Regulation must be reviewed on or before July 31, 2031. Transitional re directors 19 Where an individual is a director of the Commission 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 the term of office for that position. Repeal 20 The Alfalfa Seed Plan Regulation (AR 181/2009) is repealed.