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(Consolidated up to 339/2003)
ALBERTA REGULATION 23/99
Marketing of Agricultural Products Act
ALBERTA SOFT WHEAT PRODUCERS PLAN REGULATION
Table of Contents
1 Interpretation
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 Operation of Plan re regulations
10 Financing of Plan
11 Service charges refundable
12 Collection of service charge
13 Auditor, etc.
14 Fiscal year
15 Indemnity fund, etc.
16 Honorary memberships, etc.
17 Quorum
Part 2
Governance of Plan
Division 1
Producers
18 Full members
19 General rights of producers
20 Producers who are individuals
21 Producers that are not individuals
Division 2
Districts
22 Districts
23 Districts set out in Schedule
24 District executive and delegates
25 Annual district meetings
26 Special district meetings
27 Notice of district executive meetings
28 Quorum
Division 3
Commission
29 Board of directors
30 President of Commission, etc.
31 Annual Commission meetings
32 Special Commission meetings
33 Notice of board meetings
34 Quorum
Division 4
Terms, Vacancies and Removal from Office
35 Terms of office
36 Removal from office
37 Filling of vacancies by appointment, etc.
Part 3
Voting and Elections
38 Eligibility to vote at an annual meeting
39 Voters must be on current list
40 Secret ballot
41 Tie votes
42 Returning officer
43 Controverted election
Part 4
Transitional Provision, Review and Repeal
44 Transitional re directors
45 Review
46 Repeal
Schedule
Interpretation
1(1) In this Regulation,
(a) “Act” means the Marketing of Agricultural Products Act;
(b) “annual Commission meeting” means an annual general meeting of the persons who hold positions on the Commission and the district delegates;
(c) “annual district meeting” means an annual general meeting of the district executive and the producers who reside in the district and are eligible to attend the meeting;
(d) “board” means the board of directors of the Commission;
(e) “Commission” means the Alberta Soft Wheat Commission;
(f) “Council” means the Alberta Agricultural Products Marketing Council;
(g) “crop year” means the period from August 1 of one year to July 31 of the following year;
(h) “dealer” means a person purchasing or acquiring regulated product from a producer and includes, but is not limited to,
(i) elevator companies, grain companies, grain dealers, seed dealers, producer car shippers, dealer car shippers and processors, and
(ii) persons who acquire regulated product from the producer for sale on the producer’s behalf;
(i) “director” means a director of the Commission;
(j) “marketing”
(i) means buying, owning, selling, offering for sale, storing, grading, assembling, packing, transporting, advertising or financing, and
(ii) includes any other function or activity designated as marketing by the Lieutenant Governor in Council;
(k) “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);
(l) “producer” means a person who
(i) grows soft wheat for sale on one or more parcels of land in Alberta, or
(ii) is entitled to a share of the soft wheat grown on any land pursuant to a crop share arrangement;
(m) “regulated product” means soft wheat;
(n) “soft wheat” means any wheat that
(i) has the kernel characteristics of being “soft” and “white”, and
(ii) comes under the Genus Species (TRITICUM AESTIVUM L. em THELL) and includes
(A) wheat that comes under the Canadian Grain Commission 800 series given code and the tough, damp and feed wheat grades of that wheat, and
(B) feed wheat of that species;
(o) “special Commission meeting” means a special general meeting of the persons who hold positions on the Commission and the district delegates;
(p) “special district meeting” means a special general meeting of the district executive and the producers who reside in the district and are eligible to attend the meeting.
(2) Where under this Plan it is provided that a person may be given notice by ordinary mail, that notice may instead be given to that person by
(a) being delivered personally to that person, or
(b) by being sent to that person by electronic means.
Designation of agricultural product
2 Soft wheat 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 Alberta Soft Wheat Producers Plan established under the Alberta Soft Wheat Producers Plan Regulation (AR 226/90) is hereby amended, revised and continued under this Regulation with the name “Alberta Soft Wheat Producers Plan”.
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 This Plan applies
(a) to all of Alberta,
(b) to producers in Alberta who produce the regulated product, and
(c) for the purposes of sections 9(a) to (e) and 12, to dealers and any other persons who are not producers and who market or process the regulated product.
Purposes of Plan
6(1) The purposes of the Plan are to do the following:
(a) to encourage research and development of new and better varieties of soft wheat that meet the needs of producers and end users;
(b) to encourage research projects and programs to reduce disease, maximize fertilizer efficiency, improve irrigation practices and generally maximize quality and yield of soft wheat;
(c) to initiate and carry out projects or programs to stimulate, increase and improve the production and marketing of soft wheat in Alberta;
(d) to provide programs to assist members in arranging contracts for the sale of soft wheat products to dealers;
(e) to assist generally in the development and promotion of the soft wheat industry in Alberta, including the development and promotion of export markets for soft wheat grown in Alberta;
(f) to provide recommendations for quality standards to the Government of Canada, the Government of Alberta and regulatory bodies;
(g) to co‑operate with the Government of Canada and the Government of Alberta with respect to the maintenance of the quality of soft wheat;
(h) to assist, educate and inform producers, dealers and processors in developing and improving methods regarding the production, processing and marketing of soft wheat;
(i) to act as a forum for the discussion, formulation and recommendation of advantageous methods of production, handling and marketing of soft wheat;
(j) to promote the co‑operation and co‑ordination of all soft wheat growers in Alberta with respect to improving the production and marketing of soft wheat;
(k) to initiate and carry out advertising programs, sales promotion programs and consumer education programs to expand the market awareness and demand for soft wheat and soft wheat products, in both domestic and export markets;
(l) to advise governments and other bodies on matters concerning the soft wheat industry;
(m) to co‑operate with persons, associations, marketing commissions and marketing boards that have objectives similar to those of the Commission.
(2) Under this Plan neither the production nor the marketing of the regulated product shall be controlled or regulated.
Division 2
Operation of Plan by Commission
Commission continued
7 The Alberta Soft Wheat Commission is hereby continued.
Functions of Commission
8 The Commission
(a) is responsible for the operation, regulation, supervision and enforcement of this Plan;
(b) shall
(i) open and maintain one or more accounts in a bank, trust company, credit union, Treasury Branch or other depository, and
(ii) designate such officers, employees and other persons as are necessary to sign cheques and transact the Commission’s business with its bank, trust company, credit union, Treasury Branch or other depository;
(c) may
(i) enter into an operating line of credit or other loan agreement with its bank, trust company, credit union, Treasury Branch or other lending institution, and
(ii) designate such officers, employees and other persons as are necessary to transact the Commission’s business;
(d) shall 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;
(e) shall maintain an office, the location of which shall at all times be made known to each producer;
(f) may appoint officers, employees and agents, prescribe their duties and fix and pay their remuneration;
(g) may, subject to the Act, the regulations and any orders of the Council, issue such general orders governing the Commission’s internal operation as the board may from time to time determine;
(h) may become a member of any agricultural organization;
(i) may contribute funds to any agricultural organization.
Operation of Plan re regulations
9 For the purposes of enabling the Commission to operate the 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 marketing or processing of the regulated product;
(c) prohibiting persons, other than producers, from engaging in the marketing or processing of the regulated product except under the authority of a licence issued under this Plan;
(d) governing the issuance, suspension or cancellation of a licence issued under this Plan;
(e) providing for
(i) the assessment, charging and collection of service charges from producers, and
(ii) the taking of legal action to enforce payment of the service charges;
(f) providing for the refund of service charges;
(g) requiring any person that receives the regulated product from a producer
(i) to deduct from the money payable to the producer any service charge payable by the producer to the Commission, and
(ii) to forward the amount deducted to the Commission;
(h) providing for the use of the service charges payable to or received by the Commission for the purposes of paying the Commission’s expenses and the costs of administering this Plan and the regulations made by the Commission.
Financing of Plan
10 In accordance with the regulations,
(a) this Plan shall be financed
(i) by the charging and collection of service charges from producers, and
(ii) from other money payable to or received by the Commission including, without restricting the generality of the foregoing, money arising from investments of and other income earned by the Commission;
(b) every producer engaged in production of the regulated product shall pay a service charge on each metric tonne, or part thereof, of regulated product sold by the producer;
(c) the Commission may, from time to time, change the amount of the service charge, but the change shall not be effective until it has been approved at an annual Commission meeting or a special Commission meeting.
Service charges refundable
11(1) In accordance with the regulations,
(a) the service charge only shall be refundable to a producer on the request of the producer;
(b) the request for a refund of the service charge must be made in writing on a form established by the Commission;
(c) requests for refunds must be received by the Commission at the Commission’s head office
(i) prior to the end of August, in the case of service charges collected during the period commencing on the previous February 1 and ending on July 31, and
(ii) prior to the end of February, in the case of service charges collected during the period commencing on the previous August 1 and ending on January 31;
(d) any request for a refund that is not received by the Commission within the time periods specified under clause (c) shall not be considered by the Commission and the producer will not be entitled to a refund in respect to the service charges in question;
(e) the Commission shall refund the service charge to the producer within 90 days from the end of the period to which the request relates, if the request complies with the regulations.
(2) In the event that within one crop year
(a) the producers requesting a refund of the service charges comprise more than 35% of the existing producers, and
(b) those producers requesting a refund account for at least 35% of the service charges collected during the current crop year,
the continued operation of this Plan shall be subject to the 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 shall, within 90 days following the end of a crop year, report to the Council the refunds referred to in this section that were made for that crop year.
Collection of service charge
12 In accordance with the regulations,
(a) all dealers who
(i) purchase regulated product from a producer, or
(ii) acquire regulated product from a producer for sale on the producer’s behalf
shall deduct the amount of the service charge from any proceeds payable to or on behalf of the producer;
(b) any person who receives proceeds on behalf of the producer with respect to the sale by the producer of regulated product shall, if the service charge has not been deducted by a dealer, deduct the amount of the service charge from the proceeds payable to or on behalf of the producer;
(c) where the Commission does not receive payment of the service charge in respect of regulated product sold by or on behalf of a producer, it is the obligation of that producer to ensure that the payment of the appropriate service charge is made to the Commission;
(d) all persons required under this Plan to collect and pay to the Commission the service charge payable by a producer shall
(i) pay the service charge to the Commission, and
(ii) provide to the Commission, for each producer, a summary detailing
(A) the amount of regulated product obtained from the producer,
(B) the amount of the service charge being paid on behalf of the producer, and
(C) the name and address of the producer.
Auditor, etc.
13(1) The auditor for the Commission shall be appointed from time to time at an annual Commission meeting or a special Commission meeting.
(2) The books, accounts and records of the Commission and the district executives shall be audited at least once in every fiscal year.
(3) The report of the auditor shall,
(a) in respect of the books, accounts and records of the Commission, be submitted at the annual Commission meeting, and
(b) in respect of the books, accounts and records of a district executive, be submitted at the district’s annual district meeting.
Fiscal year
14 The fiscal year of the Commission and the district executives is August 1 to the following July 31.
Indemnity fund, etc.
15 A fund shall not be established under section 34 or 35 of the Act.
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.
Quorum
17 With respect to a meeting of the board, the quorum necessary for the conduct of business is a majority of the persons who hold positions on the board at the time of the meeting.
Part 2
Governance of Plan
Division 1
Producers
Full members
18 For the purposes of this Plan, a full member is a producer who has produced the regulated product
(a) in the current crop year, or
(b) if not in the current crop year, in at least one of the 3 crop years immediately preceding the current crop year.
General rights of producers
19 In accordance with and subject to this Plan, a producer who is a full member is entitled, as a matter of right,
(a) to attend annual district meetings, special district meetings, annual Commission meetings and special Commission meetings;
(b) to make representations on any matter pertaining to this Plan, the Commission and the board;
(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.
Producers who are individuals
20 Where a producer who is a full member is an individual, that individual may, subject to this Plan, exercise the rights of an eligible producer referred to in section 19.
Producers that are not individuals
21(1) Where a producer who is a full member is not an individual, that producer may exercise the rights of a producer referred to in section 19 only in accordance with this section.
(2) A producer to which this section applies shall appoint an individual to be the representative of the producer.
(3) A representative appointed by a producer under this section shall, subject to this Plan, exercise on behalf of the producer the rights referred to in section 19.
(4) If an eligible 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 a partnership, it shall 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 shall 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 a producer shall not cast a vote under this Plan unless
(a) the individual presents a document signed by the producer indicating the name of the person who may vote for the producer, or
(b) the individual makes a statutory declaration stating that
(i) the individual is a representative of the eligible producer,
(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, and
(iii) the producer is a full member under this Plan.
(7) A statutory declaration made under subsection (6)(b) shall 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
Districts
Districts
22 For the purposes of this Plan, Alberta is divided into 5 districts.
Districts set out in Schedule
23 The area included in each district is as set out in the Schedule to this Plan.
District executive and delegates
24(1) Each district shall have its own district executive consisting of
(a) the district chair,
(b) the district vice‑chair,
(c) the district secretary, and
(d) any other district director as may be required by the Commission.
(2) Each district may be represented at an annual Commission meeting or a special Commission meeting by district delegates.
(3) In order to be eligible to hold office on a district executive or to be a district delegate, a person must
(a) be a full member under this Plan, and
(b) be carrying on production of the regulated product within the district or have carried on production of the regulated product within the district when the person last produced the regulated product.
(4) A district is entitled to have
(a) 10 delegates, or
(b) one delegate for every 20 producers in the district who are eligible to vote at an annual district meeting,
whichever is the greater number.
(5) Members of the district executive and the district delegates shall be elected to their positions at the annual district meeting.
Annual district meetings
25(1) An annual district meeting shall be held every year in each district.
(2) The annual district meeting shall
(a) be organized by the district executive,
(b) be financed by the Commission, and
(c) be held not more than 120 days or less than 30 days prior to the commencement of the annual Commission meeting.
(3) The purposes of the annual district meeting are
(a) to conduct the elections for the district executive, the district delegates and 2 directors to the board;
(b) to provide to the producers of the district
(i) information concerning the Commission and the operation of this Plan, and
(ii) an opportunity to provide to the Commission suggestions and recommendations;
(c) to provide a forum for the producers of the district.
(4) Notice of the annual district meeting shall be given not less than 30 days prior to the commencement of the meeting, by the district secretary by ordinary mail to each member in the district who is a full member or an honorary or other member referred to in section 16.
(5) Only full members in a district are entitled to attend the annual district meeting.
(6) The district executive may permit other persons to attend an annual district meeting.
Special district meetings
26(1) A district executive
(a) may on its own initiative, and
(b) shall
(i) on the written request of 30% of the full members residing in the district, or
(ii) at the request of the Council,
hold a special district meeting.
(2) A special district meeting shall be held at a place and on a date that the district executive, by resolution, determines.
(3) A written notice of
(a) the day, the hour and the place of the special district meeting, and
(b) the nature of the business to be transacted at the meeting
shall be mailed by ordinary mail to all the persons who are entitled to attend an annual district meeting at least 30 days prior to the date of the special meeting.
(4) The order of business for a special district meeting shall be as set by the district executive or as requested by the Council.
(5) The provisions governing the conduct of a vote and the qualifications to vote at an annual district meeting apply to a special district meeting held under this section.
Notice of district executive meetings
27(1) Notice of meetings of a district executive, other than an annual district meeting or a special district meeting, shall be given by ordinary mail or orally to those persons entitled to attend the meetings of the district executive.
(2) Notice given under subsection (1) shall be given not less than 7 days before the meeting is to commence.
Quorum
28 The quorum necessary for the conduct of business is
(a) in the case of a meeting of a district executive, a majority of the persons who hold positions on the district executive for that district at the time of the meeting;
(b) in the case of an annual district meeting or a special district meeting, 10 persons who are entitled to be at the meeting.
Division 3
Commission
Board of directors
29 The Commission shall have a board of directors consisting of 10 directors, with 2 directors being elected from each of the 5 districts.
President of Commission, etc.
30(1) The district delegates at the annual Commission meeting shall nominate from the members of the board
(a) a person to be the president of the Commission, and
(b) a person to be the vice‑president of the Commission.
(2) The election of the president and vice‑president of the Commission shall be conducted at the annual Commission meeting.
Annual Commission meetings
31(1) An annual Commission meeting shall be held in every year.
(2) An annual Commission meeting shall be commenced within 13 months from the conclusion of the last annual Commission meeting.
(3) The annual Commission meeting shall be held at a place and on a date as the Commission may, by resolution, determine.
(4) The Commission shall, prior to any annual district meeting being held and at least 30 days prior to the annual Commission meeting being held, advise each district secretary of the time, place and date of the annual Commission meeting.
(5) The Commission secretary shall by ordinary mail advise each district delegate of the time, place and date of the annual Commission meeting at least 10 days prior to that meeting being held.
(6) The only persons entitled to vote at an annual Commission meeting are persons holding positions on the Commission and the district delegates.
(7) The Commission may permit any honorary or other member referred to in section 16 or other person to attend an annual Commission meeting.
Special Commission meetings
32(1) The Commission
(a) may on its own initiative hold a special Commission meeting, and
(b) shall hold a special Commission meeting
(i) on the written request of 30% of the producers, or
(ii) at the request of the Council.
(2) A special Commission meeting shall be held at a place and on a date that the Commission, by resolution, determines.
(3) A written notice of
(a) the day, the hour and the place of the special Commission meeting, and
(b) the nature of the business to be transacted at the meeting
shall be mailed by ordinary mail to all the persons who are entitled to attend an annual Commission meeting at least 30 days prior to the date of the special meeting.
(4) The order of business for a special Commission meeting shall be as set by the Commission or as requested by the Council.
(5) The provisions governing the conduct of a vote and the qualifications to vote at an annual district meeting or an annual Commission meeting, as the case may be, apply to a special meeting held under this section.
Notice of board meetings
33(1) Notice of meetings of the board shall be given by ordinary mail or orally to those persons entitled to attend the meetings.
(2) Notice given under subsection (1) shall be given not less than 7 days before the meeting is to commence.
Quorum
34 With respect to an annual Commission meeting or a special Commission meeting, the quorum necessary for the conduct of business is 15 persons who are entitled to vote at the meeting.
Division 4
Terms, Vacancies and Removal
from Office
Terms of office
35(1) The term of office for the following positions is 2 years:
(a) a member of a district executive;
(b) a district director;
(c) the president of the Commission;
(d) the vice‑president of the Commission;
(e) a director of the Commission.
(2) A person may be elected to not more than 3 consecutive complete terms of office on the board.
(3) If a person has served in one or more positions for 3 consecutive terms of office that person is not eligible to be again elected to a position on the board until one year has expired from the expiration of the person’s last term of office.
(4) A district delegate holds office from the time the person is elected as a district delegate until the commencement of the next annual district meeting.
Removal from office
36(1) Where a person is serving a term of office and that person ceases to be a full member under this Plan, that person’s term of office expires on that person’s ceasing to be a full member under this Plan.
(2) Where a person holds a position on the Commission and is absent from 3 consecutive meetings of the Commission without reasons that the Commission considers adequate, that person’s position on the board is deemed to be vacant at the conclusion of the 3rd consecutive meeting from which that person was absent.
(3) Where a person holds a position on the district executive and is absent from 3 consecutive meetings of the district executive without reasons that the district executive considers adequate, that person’s position on the district executive is deemed to be vacant at the conclusion of the 3rd consecutive meeting from which that person was absent.
(4) Where,
(a) in the opinion of the board, the president or vice‑president of the Commission is no longer representing the interests of the producers of soft wheat, and
(b) 7 or more of the directors vote in favour of removing the president or vice‑president,
the board may declare the office of president or vice‑president of the Commission, as the case may be, to be vacant.
Filling of vacancies by appointment, etc.
37(1) Subject to section 43, if a vacancy occurs
(a) in the position of
(i) a member of the district executive,
(ii) a director of the Commission representing a district, or
(iii) a district delegate,
the board may
(iv) direct that a special district meeting be held within 90 days from the day that the vacancy occurred and that an election be held at that meeting to fill the vacant position, or
(v) direct the district executive to appoint a person to that position who is eligible to fill that position,
or
(b) in the position of president or vice‑president of the Commission, the board may
(i) hold a special Commission meeting and conduct an election at that meeting to fill the vacant position, or
(ii) appoint a person to that vacant position who is eligible to fill that position.
(2) If the Council declares, other than under section 43, that an election is invalid, it may
(a) direct that the position in respect of which the election is declared invalid be filled as if a vacancy had occurred in that position, or
(b) direct that another election be held.
(3) Where a person in accordance with this section is appointed or elected to fill a vacancy, the term of office of that person
(a) terminates at the conclusion of the next annual Commission meeting, and
(b) is not considered to be a term of office for the purposes of section 35.
AR 23/99 s37;339/2003
Part 3
Voting and Elections
Eligibility to vote at an annual meeting
38(1) In order to vote on any question put to a vote or in any election held
(a) at an annual district meeting, a person must be a full member, or
(b) at an annual Commission meeting, a person must either hold a position on the board or be a district delegate.
(2) A person who holds a position on the board or is a district delegate is eligible to vote on any question put to a vote or in any election held at an annual Commission meeting if the person is present at the meeting at which the vote or election is held.
(3) A person who is eligible to vote under this Plan may vote once only on each matter notwithstanding that the person may manage or operate or own, lease or hold equity in 2 or more operations.
Voters must be on current list
39 A person who is entitled to vote under this Plan shall not cast a vote under this Plan at an annual district meeting or an annual Commission meeting unless that person’s name
(a) appears on the current list of members, or
(b) is added to the current list of members prior to that person’s vote being taken or cast.
Secret ballot
40 Voting on a motion shall be carried out by secret ballot when so requested by 3 or more persons entitled to vote at the meeting at which the vote is to be held.
Tie votes
41 Where a question is voted on under this Plan and there is a tie vote, the question is defeated.
Returning officer
42(1) The Commission shall appoint a returning officer for the purposes of and in connection with any election or vote held under this Plan at an annual Commission meeting or a special Commission meeting.
(2) The district executive shall appoint a returning officer for the purposes of and in connection with any election or vote held under this Plan at an annual district meeting or a special district meeting.
(3) The returning officer may appoint individuals as deputy returning officers to assist in the conduct of elections and votes under this Plan.
(4) The returning officer shall
(a) in the case of an annual district meeting, compile and maintain a voters list of members who are entitled to vote at the meeting,
(b) in the case of an annual Commission meeting, compile and maintain a voters list of the persons who hold positions on the board and the district delegates who are entitled to vote at the meeting,
(c) ensure that a person does not cast a vote, except in accordance with this Plan, and
(d) permit scrutiny of the actions of the returning officer and the deputy returning officers by a scrutineer in respect of the conduct of an election or a vote held under this Plan.
(5) There shall not be more than 3 scrutineers for any vote and, if requested by at least 5 persons entitled to vote at the meeting, the scrutineers shall be elected by those entitled to vote at the meeting.
(6) 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
43(1) If a producer who is a full member
(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 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) in the case of an election held
(i) at an annual district meeting or a special district meeting, order that, within the time that the Council considers proper, a special district meeting be held and an election conducted at that special meeting to fill the vacant position, or
(ii) at an annual Commission meeting or a special Commission meeting, order that, within the time that the Council considers proper, a special Commission meeting be held and an election conducted at that special meeting to fill the vacant position,
or
(b) appoint from among the persons 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)
(a) that person is to serve for the unexpired portion of the term, and
(b) if the unexpired portion of the term is less than 12 months, that term of office is not considered to be a term of office for the purposes of section 35.
AR 23/99 s43;339/2003
Part 4
Transitional Provision, Review
and Repeal
Transitional re directors
44 The directors of the Commission who held office immediately before the coming into force of this Regulation shall continue to hold office on the board until their terms of office expire, or their successors to the positions are sooner elected or they are replaced under this Regulation.
Review
45 In compliance with the ongoing regulatory review initiative, this Regulation must be reviewed on or before May 31, 2010.
AR 23/99 s45;339/2003
Repeal
46 The Alberta Soft Wheat Producers Plan Regulation (AR 226/90) is repealed.
Schedule
Districts
District #1
1 District 1 is made up of the area that is included in the following:
(a) County of Forty Mile No. 8;
(b) Cypress County;
(c) any city, town, village or summer village that is encompassed by the area described in clauses (a) and (b).
District #2
2 District 2 is made up of the area that is included in the following:
(a) Vulcan County;
(b) that part of the Municipal District of Taber that is located north of the Old Man River;
(c) any city, town, village or summer village that is encompassed by the area described in clauses (a) and (b).
District #3
3 District 3 is made up of the area that is included in the following:
(a) County of Warner No. 5;
(b) that part of the Municipal District of Taber that is located south of the Old Man River;
(c) any city, town, village or summer village that is encompassed by the area described in clauses (a) and (b).
District #4
4 District 4 is made up of the area that is included in the following:
(a) County of Newell No. 4;
(b) Wheatland County;
(c) the remainder of Alberta not otherwise included in a district;
(d) any city, town, village or summer village that is encompassed by the area described in clauses (a) to (c).
District #5
5 District 5 is made up of the area that is included in the following:
(a) County of Lethbridge;
(b) Cardston County;
(c) Municipal District of Willow Creek No. 26;
(d) Municipal District of Pincher Creek No. 9;
(e) any city, town, village or summer village that is encompassed by the area described in clauses (a) to (d).
AR 23/99 Sched.;339/2003
