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(Consolidated up to 221/2004)
ALBERTA REGULATION 167/2000
Marketing of Agricultural Products Act
BISON PRODUCERS OF ALBERTA 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 Establishment of Commission
8 Functions of Commission
9 Operation of Plan re regulations
10 Financing of Plan
11 Payment of service charge
12 Service charge refundable
13 Indemnification fund, etc.
14 Auditor
15 Honorary memberships, etc.
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
Division 2
General and Region Meetings of Eligible Producers
20 Annual Commission meeting
21 Special Commission meeting
21.1 Annual region meeting
22 Calling of meetings
23 Quorum
Division 3
Directors
24 Board of directors
24.1 Regions
25 Responsibilities of the board of directors
26 Eligibility re directors
27 Chair, officers, etc.
28 Remuneration
29 Term of office re directors
30 Removal from office
31 Election of directors
32 Mail ballot
33 Adjunct director
34 Quorum
Part 3
Voting and Elections
35 Eligibility to vote
35.1 Eligibility to vote in adjacent region
36 Producers that are not individuals
37 Must be on voters list
38 Returning officer
39 Controverted election
Part 4
Transitional Provisions and Review
40 Transitional re election of directors
41 Expiry
Schedule
Definitions
1 In this Plan,
(a) “Act” means the Marketing of Agricultural Products Act;
(b) “annual Commission meeting” means an annual general meeting of the directors and the eligible producers;
(c) “bison” includes bison bulls, bison cows, bison heifers, bison steers and bison calves;
(d) “bison products” includes meat, offal, hides and other by‑products from the slaughter and processing of bison;
(e) “Commission” means the commission referred to in section 7;
(f) “Council” means the Alberta Agricultural Products Marketing Council;
(f.1) “dealer” means a person who is in the business of buying and selling bison and bison products and includes a processor and an auction market;
(g) “eligible producer” means a producer who meets the criteria to be an eligible producer as set out in section 16;
(h) “marketing” means buying, owning, selling, offering for sale, storing, grading, assembling, packing, transporting, advertising or financing and includes
(i) slaughtering, and
(ii) any other function or activity designated as marketing by the Lieutenant Governor in Council;
(i) “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);
(j) “plan” means the plan referred to in section 3;
(j.1) “processor” means a person who is in the business of buying bison and bison products for the purpose of slaughtering or otherwise processing bison;
(k) “producer” means a person who
(i) breeds, raises, feeds or owns bison, or
(ii) takes possession of bison from a producer under a security interest or any other security for a debt;
(l) “regulated product” means bison and bison products;
(m) “security interest” means a security interest as defined in the Personal Property Security Act.
AR 167/2000 s1;182/2004
Designations
2 Bison and bison 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(1) There is hereby established a plan known as the “Alberta Bison Commission Plan”.
(2) On and after September 1, 2004, the name of the plan established under subsection (1) is changed to the “Bison Producers of Alberta Plan”.
AR 167/2000 s3;182/2004
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 or market bison in Alberta.
(1.1) Section 9(a), (b) and (f) apply additionally to all dealers and processors in Alberta.
(2) None of the persons referred to in subsection (1)(b) are exempted from the Plan.
(2.1) If a person is a producer and is also a dealer or processor, this Plan applies to that person
(a) as a producer, and
(b) as a dealer or processor, as the case may be.
(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 research with respect to the production or marketing of the regulated product, or
(b) regulated product that is used in research with respect to the production or marketing of the regulated product,
may in whole or in part be exempted from this Plan or any provision of this Plan.
AR 167/2000 s5;182/2004
Purpose and intent of Plan
6(1) The purpose of this Plan is to enable the Commission to initiate and carry out 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 their production and marketing 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 consumers;
(c) to generally develop and promote the bison industry;
(d) to advise governments on matters concerning the bison industry;
(e) to research and study the production, marketing and processing of the regulated product, including studies and research concerning the improvement of the regulated product and the development, use and consumption of the regulated product;
(f) to support and co‑operate with other persons and with governments when, in the opinion of the board of directors, that support and co‑operation will further the purposes of this Plan and the objects of the Commission;
(g) to communicate with producers, dealers, processors and the public respecting the activities and purposes of the Commission;
(h) to establish quality standards for the regulated product.
(3) Under this Plan neither the production nor the marketing of the regulated product is to be controlled or regulated.
Division 2
Operation of Plan by Commission
Establishment of Commission
7(1) There is hereby established the Alberta Bison Commission.
(2) On and after September 1, 2004, the name of the commission established under subsection (1) is changed to the “Bison Producers of Alberta”.
AR 167/2000 s7;182/2004
Functions of Commission
8 The Commission
(a) is responsible for
(i) the administration, operation, regulation, supervision and enforcement of this Plan, and
(ii) the conduct of the business and affairs of the Commission in carrying out its responsibilities;
(b) must 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;
(c) must maintain an official office, the location of which is to be made known to each eligible producer;
(d) may appoint officers, employees and agents, prescribe their duties and fix and pay their remuneration;
(e) may become a member of any agricultural organization;
(f) may contribute funds to any agricultural organization having objectives similar to those of the Commission;
(g) 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.
AR 167/2000 s8;221/2004
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 of the regulated product that the Commission considers necessary;
(b) 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;
(c) providing for the refund of service charges;
(d) 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;
(e) requiring producers engaged in the marketing of the regulated product to register their names and addresses with the Commission;
(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.
AR 167/2000 s9;182/2004
Financing of plan
10 In accordance with the regulations,
(a) this Plan is to be financed by the service charges and any other money payable to or received by the Commission;
(b) every producer engaged in the production or marketing of the regulated product must pay a service charge per animal of the regulated product sold by the producer;
(c) the amount of the service charge is to be initially established by the Commission in an amount that is approved by the Council;
(d) 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 by the eligible producers at an annual Commission meeting or a special Commission meeting.
AR 167/2000 s10;182/2004
Payment of service charge
11(1) In accordance with the regulations, all persons or dealers who
(a) purchase regulated product from a producer, or
(b) acquire regulated product from a producer for sale on the producer’s behalf
must deduct from any proceeds payable to or on behalf of the producer the amount of the service charge.
(2) Any person who receives proceeds on behalf of the producer in respect of the sale by the producer of the regulated product must deduct from the proceeds payable to or on behalf of the producer the amount of the service charge.
(3) Any person who collects a service charge must pay the amount of the service charge to the Commission.
(4) All persons required under this Plan to collect and pay to the Commission the service charge payable by a producer must
(a) pay the service charge to the Commission, and
(b) provide to the Commission for each producer a summary detailing
(i) the number of animals obtained from the producer,
(ii) the amount of service charge being paid on behalf of the producer, and
(iii) the name and address of the producer.
AR 167/2000 s11;182/2004
Service charge refundable
12(1) In accordance with the regulations and subject to this section,
(a) the service charge must be refundable to a producer on the request of the producer;
(b) the request for a refund of the service charge must
(i) be made in writing on a form established by the Commission, and
(ii) contain the following information:
(A) the producer’s name;
(B) the producer’s mailing address and telephone number;
(C) the producer’s identification number or herd identification letter, if available;
(D) the number of animals in respect of which the refund is being requested;
(E) repealed AR 182/2004 s10;
(F) any specifics of the refund request;
(c) requests for refunds must be received by the Commission at its official office prior to the end of the 25th day of the 2nd month following the month in which the service charge was collected;
(d) any request for a refund that is not received by the Commission within the time periods specified under clause (c) will not be accepted by the Commission for the purpose of making a refund and the producer will not be entitled to a refund in respect of which the request was made;
(e) notwithstanding clause (d), the Commission may, if it is satisfied that extenuating circumstances exist that warrant its doing so, accept an application for the purpose of making a refund where the application is received after the applicable time period referred to in clause (c);
(f) the Commission must, with respect to the refundable portion of the service charge, refund the service charge to the producer
(i) within 90 days after the end of the period to which the request for the refund relates, in a case where the request is received in accordance with clause (c), and
(ii) within 90 days after receipt of the request for the refund, in a case where the request is received and accepted by the Commission under clause (e).
(2) With respect to any particular year, if
(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 that particular year,
the continued operation of this Plan is subject to approval by a majority of producers as determined by a plebiscite to be held under the direction of the Council pursuant to the Act.
(2.1) Despite subsection (2), no plebiscite may be held pursuant to subsection (2) with respect to the year 2004 or 2005.
(3) The Commission must, within 90 days following the end of a year, report to the Council the refunds made under this section for that year.
AR 167/2000 s12;182/2004
Indemnification fund, etc.
13(1) The Commission may under section 34 of the Act establish, maintain and operate one or more funds that may be used to indemnify or protect producers against financial loss suffered by them or on their behalf in the production or marketing, or both, of the regulated product.
(2) The Commission may finance a fund referred to in subsection (1) in accordance with section 34 of the Act.
(3) The Commission shall not operate a fund under section 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.
Honorary memberships, etc.
15 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.
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 the producer has paid a service charge under this Plan
(i) in the current calendar year, or
(ii) in the calendar year immediately preceding the current calendar year;
(b) the Commission shall maintain a list of eligible producers;
(c) all producers who can be identified by the Commission as having paid a service charge under this Plan during a calendar year must be included on the list of eligible producers for that calendar year;
(d) any producer who is not listed on the Commission’s list of eligible producers must be added to the list where the producer can provide proof to the Commission that the producer meets the criteria set out in clause (a);
(e) once a producer is listed with the Commission as an eligible producer, the producer is eligible, notwithstanding that the producer may no longer meet the criteria set out in clause (a), to continue to be recognized as an eligible producer from calendar year to calendar year, unless the eligible producer ceases to pay a service charge under this Plan in the 2 subsequent calendar years following the current calendar year, in which case the producer shall cease to be an eligible producer;
(f) where a producer ceases to be an eligible producer under clause (e), the producer is entitled to again become an eligible producer for any calendar year in which the producer pays a service charge under this Plan.
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 region meetings, annual Commission meetings and special Commission meetings;
(b) to make representations on any matter pertaining to this Plan, the Commission and the board of directors;
(c) to vote on any matter under this Plan;
(d) to vote in any election for directors of the region at any meeting of eligible producers at which an election is held for the region in which the eligible producer carries on production of the regulated product;
(e) to hold office as a director;
(f) to vote in any plebiscites of producers held under the Act.
AR 167/2000 s17;182/2004
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.
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.
(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 must 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 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 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
General and Region 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 The Commission must hold a special Commission meeting
(a) when requested to do so by the Council, or
(b) on the written request of not less than 10% of the eligible producers.
Annual region meeting
21.1 The annual region meeting in each region
(a) must be organized and financed by the Commission, and
(b) must be held not more than 120 days and not less than 10 days prior to the commencement of the annual Commission meeting.
AR 182/2004 s13
Calling of meetings
22(1) The Commission must set the time, place and date of any annual region meeting, 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;
(c) in the case of an annual region meeting, notify the eligible producers of the region of the annual region 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.
AR 167/2000 s22;182/2004
Quorum
23 The quorum necessary for the conduct of business is,
(a) at an annual Commission meeting or special Commission meeting, 20 eligible producers, or
(b) at an annual region meeting, 5 eligible producers from the region.
AR 167/2000 s23;182/2004
Division 3
Directors
Board of directors
24(1) The Commission consists of a board of directors made up of 9 directors.
(2) Of the 9 directors referred to in subsection (1), 3 must be elected from each region.
AR 167/2000 s24;182/2004
Regions
24.1(1) For the purposes of this Plan, Alberta is divided into 3 regions.
(2) The area included in each region is as set out in the Schedule.
AR 182/2004 s17
Responsibilities of the board of directors
25(1) The responsibilities of the Commission, the authority delegated to the Commission by the Council and the direction, administration and management of the Commission’s work, business and affairs, including the control and management of all the assets owned, held or acquired by the Commission, are vested in the board of directors.
(2) The board of directors has the power to do all things that are necessary to carry out the purposes of this Plan and the responsibilities and authority of the Commission.
(3) The board of directors may authorize any person, entity or committee to exercise any of the powers of the board of directors.
(4) Where a person, entity or committee is authorized under subsection (3) to exercise any power of the board of directors,
(a) that person, entity or committee must report back to the board of directors with respect to the exercise of that power, and
(b) the board of directors retains a supervisory function to oversee the actions of that person, entity or committee in the exercise of that power.
Eligibility re directors
26(1) To be eligible to be a director, a person must be an eligible producer and must carry on production in the region for which the person wishes to be elected.
(2) An eligible producer is not eligible to serve as a director for more than 2 consecutive terms of office.
(2.1) Where an eligible producer fills a vacancy under section 30 or 39, the filling of the vacancy is not to be considered to be one of the permitted terms of office under subsection (2) if that person serves an unexpired term of 18 months or less.
(3) Notwithstanding subsection (2), an eligible producer who was a director is once again eligible to be a director if one year has elapsed since the conclusion of that eligible producer’s last term of office as a director.
AR 167/2000 s26;182/2004
Chair, officers, etc.
27 Following the annual Commission meeting in each year, the directors must elect from among the directors the officers of the board of directors, including a chair and a vice‑chair of the board of directors.
Remuneration
28 The remuneration to be paid to the directors and officers of the board of directors may be fixed from time to time by the board of directors.
Term of office re directors
29(1) The term of office for a director is 3 years.
(2) The term of office of a director
(a) commences on the conclusion of the annual Commission meeting that takes place following the director’s election, and
(b) 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.
Removal from office
30(1) A person who is a director ceases to be a director if that person
(a) resigns from the position of director;
(b) ceases to be an eligible producer;
(c) 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;
(d) is absent from 3 consecutive meetings of the board of directors without reasons that the board of directors considers adequate.
(2) Where a vacancy occurs on the board of directors under this section, the board of directors may, with the approval of the Council, appoint an individual to fill the position from among the eligible producers who are eligible to be elected as a director.
(3) Where an individual is appointed as a director under subsection (2), that director shall serve for the unexpired portion of the term.
Election of directors
31(1) Directors are to be elected at the annual region meetings.
(2) The Commission must solicit nominations for the position of director by giving a notice soliciting those nominations.
(3) A notice referred to in subsection (2) may be given
(a) by publishing the notice in the Commissioner’s newsletter, or
(b) by such other means as the Commission may determine.
(4) Nominations for the position of director must be,
(a) where made prior to the annual region meeting,
(i) filed at the Commission’s official office in writing by a date fixed by the Commission,
(ii) signed by at least 2 eligible producers, and
(iii) accompanied by the written consent of the eligible producer nominated for the position of director,
or
(b) where made at the annual region meeting,
(i) moved and seconded by 2 eligible producers who produce the regulated product in the region for which the election is to take place, and
(ii) accompanied by written or verbal consent of the eligible producer nominated for the position of director.
AR 167/2000 s31;182/2004
Mail ballot
32(1) If the eligible producers in a region fail to elect a director for that region, the election of a director for that region may be carried out at the next annual Commission meeting following the date on which the election of the director was to have occurred.
(2) Where an election is to be held pursuant to subsection (1), nominations may be received
(a) prior to the annual Commission meeting, or
(b) from the floor at the annual Commission meeting.
(3) The eligible producer nominated for the position of director of a region must carry on production of the regulated product in that region.
(4) Notwithstanding any other provision of this Plan, all eligible producers in attendance at the annual Commission meeting are eligible to vote in the election of a director under this section.
AR 167/2000 s32;182/2004
Adjunct director
33(1) Notwithstanding anything in this Division, the board of directors may appoint a director whose term is expiring and who is not standing for re‑election as a director to serve as an adjunct director on the board of directors for the purpose of allowing that director to represent the Commission in respect of an organization with which the Commission is involved.
(2) An adjunct director is not eligible to vote on any matter put to the question at a meeting of the board of directors.
(3) At any one time not more than one adjunct director may be on the board of directors.
(4) Where an adjunct director is appointed, the board of directors may
(a) prescribe the duties of and the term of office for the adjunct director, and
(b) at any time terminate the appointment of an adjunct director.
(5) Notwithstanding section 24, where an adjunct director is appointed, that director’s position on the board of directors is in addition to the positions of the directors who are elected or appointed to sit on the board of directors under this Division.
Quorum
34(1) The quorum necessary for the conduct of business at a meeting of the board 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 board of directors and the position of adjunct director are not to be considered.
Part 3
Voting and Elections
Eligibility to vote
35(1) An eligible producer is eligible to vote on any question 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 on any question put to a vote at an annual region meeting if the eligible producer
(a) carries on production in the region, and
(b) is present at the meeting at which the vote is held.
(2.1) An eligible producer is eligible to vote in an election for a director
(a) if the eligible producer carries on production in the region in respect of which an election is being held, and
(b) in the case of an election that takes place at an annual Commission meeting under section 32, if the eligible producer is present at the meeting.
(3) An eligible producer may vote once on each matter, notwithstanding that the eligible producer may manage or operate or own, lease or hold equity in 2 or more operations.
AR 167/2000 s35;182/2004
Eligibility to vote in adjacent region
35.1(1) Where an eligible producer
(a) does not carry on production in the region in which the producer wishes to vote for a director, but
(b) carries on production in a region that is adjacent to the region in which the producer wishes to vote for a director,
the producer may apply in writing to the Commission, not less than 10 days prior to the day of the election in which the producer desires to cast a ballot, to be registered for the purpose of voting in the adjacent region.
(2) On receipt of the written approval of the Commission of an application under subsection (1), the eligible producer is eligible, subject to subsections (3) and (4),
(a) to vote in the adjacent region in any election or other matter held subsequent to the approval being received by the producer, and
(b) during the time that the producer is eligible to vote in the adjacent region, to nominate persons to hold office and to hold office as a director for the adjacent region in the same manner and under the same conditions as if that producer carried on production in the adjacent region.
(3) Where an eligible producer has received approval under subsection (2) to vote, the producer may, for a future election, apply in writing to the Commission to change and once more be registered for the purpose of voting in the region in which the producer carries on production.
(4) Notwithstanding anything in this section, a producer is not eligible to vote and may not vote, in any election, in more than one region.
AR 182/2004 s22
Producers that are not individuals
36 An eligible producer that is not an individual may only cast one vote under this Plan.
Must be on voters list
37 An eligible producer may only cast a vote if that producer’s name appears on the current list of eligible producers.
Returning officer
38(1) The Commission shall 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
39(1) If an eligible producer
(a) questions
(i) the eligibility of a candidate,
(ii) the eligibility of a voter,
(iii) any matter relating to a ballot or the tabulation of ballots, or
(iv) any other irregularity with respect to the conduct of an election,
and
(b) seeks to have the election declared invalid and the position declared vacant,
the eligible producer may, 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 must consider the matter and may
(a) declare the election to be proper and the position to be 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) 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, or
(b) appoint from among the eligible producers 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), that person shall serve for the unexpired portion of the term.
Part 4
Transitional Provisions and Review
Transitional re election of directors
40 The directors of the Commission who held office immediately before the coming into force of this Regulation continue to hold office on the board of directors until their terms of office expire, their successors to the positions are sooner elected or they are replaced under this Regulation.
AR 167/2000 s40;182/2004
Expiry
41 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2011.
AR 167/2000 s41;182/2004
Schedule
1 Region 1 is made up of the area that is included in the following:
(a) Cypress County;
(b) County of Forty Mile No. 8;
(c) County of Warner No. 5;
(d) County of Lethbridge;
(e) Municipal District of Taber;
(f) County of Newell No. 4;
(g) Cardston County;
(h) Municipal District of Pincher Creek No. 9;
(i) Municipal District of Willow Creek No. 26;
(j) Special Area No. 2;
(k) Special Area No. 3;
(l) Special Area No. 4;
(m) Vulcan County;
(n) Wheatland County;
(o) Starland County;
(p) Kneehill County;
(q) Municipal District of Foothills No. 31;
(r) Municipal District of Rocky View No. 44;
(s) Mountain View County;
(t) Municipal District of Provost No. 52;
(u) County of Paintearth No. 18;
(v) County of Stettler No. 6;
(w) Flagstaff County;
(x) Municipal District of Wainwright No. 61;
(y) Red Deer County;
(z) Lacombe County;
(aa) Ponoka County;
(bb) Clearwater County;
(cc) Municipal District of Acadia No. 34;
(dd) Municipal District of Bighorn No. 8;
(ee) Municipal District of Ranchland No. 66;
(ff) Improvement District No. 9 (Banff);
(gg) Improvement District No. 4 (Waterton);
(hh) Municipality of Crowsnest Pass;
(ii) Kananaskis Improvement District;
(jj) any city, town, village or summer village that is encompassed by the area described in clauses (a) to (ii).
2 Region 2 is made up of the area that is included in the following:
(a) County of Camrose No. 22;
(b) Beaver County;
(c) County of Minburn No. 27;
(d) County of Vermilion River No. 24;
(e) County of Two Hills No. 21;
(f) Lamont County;
(g) County of Wetaskiwin No. 10;
(h) Leduc County;
(i) Brazeau County;
(j) Parkland County;
(k) Strathcona County;
(l) Sturgeon County;
(m) Municipal District of Bonnyville No. 87;
(n) Lakeland County;
(o) County of St. Paul No. 19;
(p) Smoky Lake County;
(q) Lac Ste. Anne County;
(r) County of Barrhead No. 11;
(s) Westlock County;
(t) Woodlands County;
(u) County of Thorhild No. 7;
(v) County of Athabasca No. 12;
(w) Yellowhead County;
(x) Regional Municipality of Wood Buffalo;
(y) Improvement District No. 24 (Wood Buffalo);
(z) Improvement District No. 13 (Elk Island);
(aa) Improvement District No. 12 (Jasper);
(bb) Improvement District No. 25 (Willmore Wilderness);
(cc) any city, town, village or summer village that is encompassed by the area described in clauses (a) to (bb).
3 Region 3 is made up of the area that is included in the following:
(a) Northern Sunrise County;
(b) Municipal District of Big Lakes;
(c) Municipal District of Opportunity No. 17;
(d) Municipal District of Lesser Slave River No. 124;
(e) Municipal District of Clear Hills No. 21;
(f) Municipal District of Northern Lights No. 22;
(g) Municipal District of Mackenzie No. 23;
(h) Municipal District of Greenview No. 16;
(i) County of Grande Prairie No. 1;
(j) Municipal District of Smoky River No. 130;
(k) Birch Hills County;
(l) Municipal District of Spirit River No. 133;
(m) Saddle Hills County;
(n) Municipal District of Fairview No. 136;
(o) Municipal District of Peace No. 135;
(p) any city, town, village or summer village that is encompassed by the area described in clauses (a) to (o).
AR 182/2004 Sched.
