Alberta Elk Plan Regulation

(Consolidated up to 142/2025) ALBERTA REGULATION 210/2002 Marketing of Agricultural Products Act ALBERTA ELK PLAN REGULATION Table of Contents 1 Definitions 2 Designations Part 1 General Operation of Plan Division 1 Plan 3 Establishment of Plan 4 Termination of Plan 5 Application of Plan 6 Purpose and intent of Plan Division 2 Operation of Plan by Commission 7 Commission name 8 Functions of Commission, etc. 9 Operation of Plan re regulations 10 Financing of Plan 13 Indemnification and stabilization funds, etc. 14 Auditor Part 2 Governance of Plan Division 1 Eligible Producers 16 Eligible producers 17 General rights of eligible producers 18 Eligible producers who are individuals 19 Eligible producers that are not individuals 19.1 Multiple eligible producers Division 2 General Commission Meetings of Eligible Producers 20 Annual Commission meeting 21 Special Commission meeting 22 Calling and conduct of meetings 23 Quorum Division 3 Commission 24 Commission 25 Responsibilities of the Commission 26 Eligibility to be a director 27 Chair and officers 28 Executive committee 30 Remuneration, etc. 31 Term of office re members 32 Removal from office 32.1 Vacancies 33 Election of directors 35 Quorum Part 3 Voting and Elections 48 Voting 49 Must be on voters list 50 Returning officer 51 Controverted election Part 4 Transitional Provisions and Review 53.1 Transitional 54 Review Definitions 1 In this Plan, (a) “Act” means the Marketing of Agricultural Products Act ; (b) repealed AR 182/2022 s2; (c) “annual Commission meeting” means an annual general meeting of the directors and eligible producers; (c.1) “assets” means economic resources controlled by the body as a result of past transactions and from which future economic benefits may be obtained; (c.2) “auditor” means a professional accounting firm registered under the Chartered Professional Accountants Act and authorized to perform an audit engagement; (d) repealed AR 302/2009 s2; (e) repealed AR 182/2022 s2; (f) “Commission” means the commission referred to in section 7 with the name “Alberta Elk Commission”; (g) “Council” means the Alberta Agricultural Products Marketing Council; (g.1) “director” means a director of the Commission; (h) “eligible producer” means a producer who meets the criteria to be an eligible producer as set out in section 16; (i) “elk” means agricultural elk, including bulls, cows, heifers and calves of both sexes; (j) “elk products” includes meat, offal, hides, velvet antler, hard antler, genetic products, embryos, body secretions, body fluids, body tissues and other by‑products from the production, reproduction, slaughter or processing of elk or from the removal of the antlers from elk; (j.1) “family member” means, in respect of an individual, that individual’s spouse, adult interdependent partner, child, parent, sibling, grandparent, grandchild, son‑in‑law, daughter‑in‑law, father‑in‑law, mother‑in‑law, sister‑in‑law, brother‑in‑law, aunt, uncle, cousin, niece or nephew; (k) “farm licence” means a licence authorizing the operation of a domestic cervid farm issued under the Livestock Industry Diversification Act ; (l) repealed AR 302/2009 s2; (m) “formal education” means a certificate, diploma or degree program at the post‑secondary or post‑graduate level that (i) is provided by a university, comprehensive community college, polytechnic institution or private post‑secondary institution under the Post‑secondary Learning Act , and (ii) is recognized by the Commission for the purposes of this Plan; (n) repealed AR 182/2022 s2; (n.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; (o) “marketing” means buying, owning, selling, offering for sale, storing, grading, assembling, packing, transporting, advertising or financing and includes the slaughter of elk for resale or consumption; (p) “mature elk” means those elk that are at least one year old as of December 31 in each year; (q) “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); (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); (r) “Plan” means the Alberta Elk Plan established under section 3; (s) “producer” means a person who (i) keeps, breeds or raises elk, (ii) produces elk products, (iii) boards, owns or has a commercial interest in elk, or (iv) takes possession of elk from a producer under a security interest or any other security for a debt; (t) “quality assurance programs” means programs that promote public acceptance of the elk industry and of elk and elk products and includes programs respecting product standards, product safety, animal welfare and environmental sustainability; (u) “regulated product” means elk and elk products; (v) “security interest” means a security interest as defined in the Personal Property Security Act ; (w) repealed AR 182/2022 s2; (x) “special Commission meeting” means a special general meeting of the directors and eligible producers. AR 210/2002 s1;112/2005;302/2009;28/2011;188/2014;10/2019; 182/2022 Designations 2 Elk and elk products are hereby designated as agricultural products for the purposes of the Act. Part 1 General Operation of Plan Division 1 Plan Establishment of Plan 3 There is hereby established a plan known as the “Alberta Elk Plan”. Termination of Plan 4 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 5 (1) This Plan applies (a) to all of Alberta, and (b) to all producers who produce elk in Alberta. (2) None of the persons referred to in subsection (1)(b) are to be exempted from the Plan. (3) No class, variety, size, grade or kind of agricultural product to which this Plan applies is exempt from this Plan. (4) Notwithstanding subsections (2) and (3), with the approval of the Commission, (a) persons who are engaged in undertakings the objects of which are primarily research or are related to formal education with respect to the production or marketing of the regulated product, or (b) any regulated product that is used in connection with research or formal education with respect to the production or marketing of the regulated product, may in whole or in part be exempted by the Commission from this Plan or any provision of this Plan. Purpose and intent of Plan 6 (1) The purpose of this Plan is to enable the Commission to initiate, carry out and fund projects or programs respecting the production or marketing, or both, of the regulated product and to commence, stimulate, increase and improve the production or marketing, or both, of the regulated product. (2) Without restricting the generality of subsection (1), the Commission may initiate and carry out projects or programs (a) to assist, educate and inform producers, dealers and processors in developing and improving (i) the production and marketing of the regulated product and (ii) quality assurance programs in respect of the regulated product; (b) to expand market awareness and demand for the regulated product, including the development and promotion of markets for the regulated product and the education of distributors and consumers; (c) to generally develop and promote the elk industry; (d) to advise governments and to negotiate with governments on matters concerning the elk industry; (e) to research, develop and study the production, marketing and processing of the regulated product, including studies and research concerning quality assurance programs, the improvement of the regulated product and the development, use and consumption of the regulated product; (f) to work with any organization that has similar objectives to those of the Commission; (g) to communicate with producers, dealers, processors and the public on matters respecting (i) the state and needs of the elk industry, and (ii) the purposes of this Plan and the activities of the Commission; (h) to establish programs that recognize producers for achieving (i) quality and safety standards for the regulated product, (ii) animal care and welfare standards, and (iii) environmental sustainability standards; (i) to obtain funding through grants, donations and other sources for programs initiated or supported by the Commission; (j), (k) repealed AR 182/2022 s3; (l) to establish quality assurance programs in respect of the regulated product. (3) Under this Plan neither the production nor the marketing of the regulated product is to be controlled or regulated. AR 210/2002 s6;28/2011;182/2022 Division 2 Operation of Plan by Commission Commission name 7 The commission established as “Alberta Elk” is hereby continued with the name “Alberta Elk Commission”. AR 201/2002 s7;182/2022 Functions of Commission, etc. 8 (1) The Commission is responsible for the administration, operation, regulation, supervision and enforcement of this Plan and the conduct of the business and affairs of the Commission in carrying out its responsibilities, and without limiting the generality of the foregoing, the Commission (a) is to maintain such books and records, including financial records, (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; (a.1) when investing its assets, must make prudent investments in accordance with the requirements of section 33 of the Trustee Act and may delegate to an agent in accordance with sections 51(1) and (2) and 53 of that Act; (a.2) must establish policies respecting the management of its assets as required by the Operation of Boards and Commissions Regulation (AR 26/99); (b) is to maintain an official office, the location of which is to be made known to each eligible producer; (c) may appoint officers, employees and agents, prescribe their duties and fix and pay their remuneration; (d) may (i) become a member of any agricultural or other organization, and (ii) contribute funds to any agricultural or other organization that furthers the purposes of this Plan and the activities of the Commission; (e) 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; (f) subject to a regulation made under section 9(d), to finance the purposes of the Plan, may retain earnings and revenues from year to year. (2) The Minister responsible for the Livestock Industry Diversification Act is authorized to disclose to the Commission for use by the Commission in carrying out its powers and duties, any information, including personal information, or any record as defined in the Protection of Privacy Act that relates to the administration of this Plan, the Act and the regulations, orders and directives of the Commission that has been collected or used in respect of the animal inventory operated under the Livestock Industry Diversification Act . AR 210/2002 s8;28/2011;190/2022;142/2025 Operation of Plan re regulations 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 production 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 for the purposes of this Plan, and (ii) the taking of legal action to enforce payment of the service charges; (d) providing for the refund of service charges; (e) 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. AR 210/2002 s9;179/2022 Financing of Plan 10 This Plan is to be financed by the service charges and any other money payable to or received by the Commission. 11 , 12 Repealed AR 302/2009 s3. Indemnification and stabilization funds, etc. 13 The Commission is not to establish any funds under section 34 or 35 of the Act. Auditor 14 The auditor for the Commission is to be appointed from time to time at an annual Commission meeting or a special Commission meeting. 15 Repealed AR 182/2022 s5. Part 2 Governance of Plan Division 1 Eligible Producers Eligible producers 16 For the purposes of this Plan, (a) a producer is an eligible producer if (i) the producer is the holder of a farm licence and is identified in an animal inventory maintained under the Livestock Industry Diversification Act , and (ii) the base service charge for the producer’s farm licence and the producer’s product service charges have been paid in accordance with the Alberta Elk Commission Regulation (AR 256/2002); (b) the Commission is to maintain a list of eligible producers; (c) all producers who can be identified by the Commission as having met the criteria set out in clause (a) are to be included on the list of eligible producers for that calendar year; (d) any producer who is not listed as an eligible producer on the Commission’s list of eligible producers is to be added to the list where the producer can provide proof that is satisfactory to the Commission that the producer meets the criteria set out in clause (a). AR 210/2002 s16;302/2009;182/2022 General rights of eligible producers 17 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 or the Commission; (c) to vote on any matter under this Plan; (d) to vote in any election for a director; (e) to hold office as a director; (f) to vote in any plebiscites of producers held under the Act; (g) repealed AR 182/2022 s7. AR 210/2002 s17;302/2009;182/2022 Eligible producers who are individuals 18 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. AR 210/2002 s18;182/2022 Eligible producers that are not individuals 19 (1) Where an eligible producer is not an individual, that eligible 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 eligible producer. (2.1) If an eligible producer to which this section applies holds more than one farm licence, the eligible producer may appoint one representative for each farm licence. (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 referred to in section 17. (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 is to be (a) in writing, and (b) in the case where a vote is to be taken at an annual Commission meeting or a special Commission 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 who is appointed as a representative under this section is not eligible (a) to vote in an election or on any other matter or hold office under this Plan in the individual’s own capacity as an eligible producer, or (b) to 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). AR 210/2002 s19;182/2022 Multiple eligible producers 19.1 Notwithstanding sections 18 and 19, if a farm licence is held by more than one eligible producer, only one eligible producer per farm licence may exercise the rights of an eligible producer referred to in section 17(c) to (f) at any one time. AR 182/2022 s10 Division 2 General Commission Meetings of Eligible Producers Annual Commission meeting 20 An annual Commission meeting must be held (a) once in each year, and (b) within 13 months following the date of the commencement of the last annual Commission meeting. Special Commission meeting 21 (1) The Commission must hold a special Commission meeting (a) when requested to do so by the Council, or (b) on the written request of eligible producers representing not less than 10% of the total number of farm licences. (2) In addition to subsection (1), the Commission may hold a special Commission meeting if requested by a majority of its directors. AR 210/2002 s21;182/2022 Calling and conduct of meetings 22 (1) The Commission is to set the time, place and date of any annual Commission meeting or 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; (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) A 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. (5) With respect to annual Commission meetings and special Commission meetings, the Commission is to determine, subject to this Plan, the Act and any regulations and to any directions made by the Council, the requirements and procedures for (a) the presentation of motions; (b) the conduct of elections; (c) the carrying out of voting; (d) the conduct of business. Quorum 23 (1) The quorum necessary for the conduct of business at an annual Commission meeting or special Commission meeting is 20 eligible producers. (2) For clarity, the 20 eligible producers forming a quorum must represent 20 unique farm licences. AR 210/2002 s23;45/2008;182/2022 Division 3 Commission Commission 24 The Commission shall consist of a minimum of 5 directors to a maximum of 9 directors. AR 210/2002 s24;302/2009;182/2022 Responsibilities of the Commission 25 (1) The Commission has the power to do all things that are necessary to carry out the purposes of this Plan and its duties and functions. (2) The Commission may authorize any person, entity or committee to exercise any of the powers of the Commission and, if so, (a) that person, entity or committee is to report back to the Commission with respect to the exercise of that power, and (b) the Commission retains a supervisory function to oversee the actions of that person, entity or committee in the exercise of that power. AR 210/2002 s25;302/2009 Eligibility to be a director 26 (1) A person must be an eligible producer to be eligible to be a director. (2) If an eligible producer has appointed more than one representative under section 19(2.1), only one representative of the eligible producer is eligible to be a director at any one time. (3) If an eligible producer has a family member who is also an eligible producer, only one eligible producer from among the family members is eligible to be a director at any one time. (4) An eligible producer is not eligible to serve as a director for more than 3 consecutive terms of office. (5) Notwithstanding subsection (4), an eligible producer who was a director is once again eligible to be a director if one year has elapsed from the conclusion of that eligible producer’s last term of office as a director. AR 210/2002 s26;302/2009;20/2011;182/2022 Chair and officers 27 Following the annual Commission meeting in each year, the directors shall elect from among themselves the officers of the Commission, including a chair, vice‑chair and finance chair. AR 210/2002 s27;302/2009;182/2022 Executive committee 28 (1) The Commission may appoint an executive committee consisting of the chair, vice‑chair and finance chair of the Commission. (2) The executive committee, subject to any directions of the Commission, may act on behalf of the Commission. AR 210/2002 s28;302/2009 29 Repealed AR 182/2022 s17. Remuneration, etc. 30 (1) The Commission may set the remuneration payable to the directors and officers of the Commission subject to the approval of the eligible producers. (2) The reimbursement for expenses that are incurred by the directors and officers of the Commission and the conditions under which those expenses may be reimbursed may be fixed from time to time by the directors. AR 210/2002 s30;302/2009;182/2022 Term of office re members 31 (1) Subject to this section, the term of office of a director is 3 years. (2) The term of office of a director commences (a) on the conclusion of the annual Commission meeting at which the election for the director was conducted, or (b) in the case of an election conducted to fill the unexpired portion of a term as a result of a vacancy, on the announcement of the results of the election. (3) The term of office of a director 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. (4) Repealed AR 20/2011 s3. AR 210/2002 s31;302/2009;20/2011;182/2022 Removal from office 32 (1) A director ceases to hold office when the director (a) resigns, (b) ceases to be an eligible producer, (c) is removed from office under subsection (2), or (d) in the case of the individual who is the representative of an eligible producer under section 19, ceases to be the representative of that eligible producer under section 19. (2) The Commission may, on a motion passed at a meeting of directors by 2/3 of the directors then in office, remove a director from office if the director (a) is absent from 3 consecutive meetings of directors without reasons that the directors consider adequate, or (b) fails to abide by any of the Commission’s policies. (3) to (6) Repealed AR 182/2022 s20. AR 210/2002 s32;302/2009;182/2022 Vacancies 32.1 (1) If a vacancy occurs on the Commission, the Commission may, with the approval of the Council, appoint from among the producers who are eligible to be elected directors an individual to serve as a director until 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 by holding an election in accordance with this Plan for the unexpired portion of the term. (3) For the purposes of section 26(4), if the unexpired term of office to be served is 18 months or less, the unexpired term is not to be considered as a term of office. AR 182/2022 s21 Election of directors 33 (1) The directors of the Commission are to be elected at the annual Commission meeting, or if ordered by the Council under section 51(5)(a), at a special Commission meeting. (2) The Commission must solicit nominations for the position of director by giving a notice soliciting those nominations. (3) A notice soliciting nominations for directors may be given by any means as the Commission may determine. (4) Nominations for the position of director must (a) be signed by at least 5 eligible producers representing 5 unique farm licences, and (b) be accompanied by the written consent of the person nominated. (5) A person must be present at the annual Commission meeting to be elected to office. AR 210/2002 s33;302/2009;182/2022 34 Repealed AR 302/2009 s12. Quorum 35 (1) The quorum necessary for the conduct of business at a meeting of directors is a majority of the directors holding office at the time. (2) In determining a quorum under subsection (1), vacant positions on the Commission are not to be taken into consideration. AR 210/2002 s35;302/2009;182/2022 36 Repealed AR 182/2022 s23. Division 4 Repealed AR 182/2022 s24. Part 3 Voting and Elections Voting 48 (1) An eligible producer is eligible to vote on any matter 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. (2) An eligible producer is eligible to vote in an election for a director that takes place at an annual Commission meeting if the eligible producer is present at the meeting. (3), (4) Repealed AR 182/2022 s25. (5) An eligible producer may vote only once on each matter and in each election, notwithstanding that the eligible producer may manage or operate or own, lease or hold equity in more than one operation. (5.1) Notwithstanding subsection (5), when an eligible producer has appointed more than one representative under section 19(2.1), each representative is eligible to vote on each matter and in each election. (5.2) Notwithstanding anything in this section, if a farm licence is held by more than one eligible producer, only one eligible producer per farm licence is eligible to vote on each matter and in each election. (6) Voting in elections is to be by means of a secret ballot. AR 210/2002 s48;302/2009;182/2022 Must be on voters list 49 An eligible producer may cast a vote only if that producer’s name appears on the current list of eligible producers. Returning officer 50 (1) The Commission is to appoint a returning officer for the purpose 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 must (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 51 (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 30 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 30‑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 received by the Council after the 30‑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 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 be conducted to fill the vacant position for the unexpired portion of the term, or (b) have the Commission appoint an individual to fill the vacant position in accordance with section 32.1. (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 declared vacant is deemed to have commenced on the day that the voided election was held. AR 210/2002 s51;182/2022 Part 4 Transitional Provisions and Review 52, 53 Repealed AR 302/2009 s20. Transitional 53.1 Where immediately before the coming into force of this section an individual is a Commission member at large or a chapter Commission member, on the coming into force of this section that individual continues to be a director of the Commission until the expiry of that individual’s term of office, unless the individual is removed or resigns from office. AR 182/2022 s27 Review 54 In compliance with the ongoing regulatory review initiative, this Regulation must be reviewed on or before September 30, 2027. AR 210/2002 s54;16/2008;302/2009;6/2014;182/2022 Schedule Repealed AR 182/2022 s29.