(Consolidated up to 256/2004)

ALBERTA REGULATION 188/2000

Marketing of Agricultural Products Act

BISON PRODUCERS OF ALBERTA MARKETING REGULATION

Table of Contents

                1       Definitions

                2       Service charges

                3       Variation of service charge

                4       Service charge under s2(1)

             4.1       Service charge under s2(2)

             4.2       Deduction by purchasers

             4.3       Deduction by dealers

                5       Refund of service charges

                6       Information

                8       Use of funds

                9       Interest

              10       Legal action

              11       Expiry

Definitions

1(1)  In this Regulation,

                                 (a)    “Act” means the Marketing of Agricultural Products Act;

                                 (b)    “Plan” means the Bison Producers of Alberta Plan Regulation (AR 167/2000).

(2)  Words that are defined in either the Act or the Plan have the same meaning when used in this Regulation.

AR 188/2000 s1;186/2004

Service charges

2(1)  A producer who sells bison must pay to the Commission a service charge in the amount of $3 per head of bison sold by that producer.

(2)  A producer who is in the business of feeding and slaughtering that producer’s own bison must pay to the Commission a service charge in the amount of $3 per head of bison fed and slaughtered by that producer.

(3)  A dealer who in the ordinary course of business as a dealer feeds or owns bison for a period of not more than 7 days is deemed not to be a producer and is not liable to pay the service charge referred to in subsection (1).

AR 188/2000 s2;186/2004

Variation of service charge

3(1)  After the establishment of the Plan, the Board of Directors of the Commission may, on behalf of the Commission, change the amount of the service charge.

(2)  Notwithstanding subsection (1), a change in the amount of the service charge is not effective until it has been approved by the eligible producers at an annual Commission meeting or a special Commission meeting.

Service charge under s2(1)

4(1)  With respect to the service charge referred to in section 2(1), the producer must

                                 (a)    pay the service charge to the Commission, and

                                 (b)    account to the Commission for the service charge, in the form prescribed by the Commission,

by the 25th day of the month next following the month in which the bison were sold.

(2)  If the service charge is deducted from the money payable to the producer in accordance with section 4.2 or 4.3, the producer is not liable to the Commission for the amount of the service charge.

(3)  If the service charge is not deducted from the money payable to the producer in accordance with section 4.2 or 4.3 and the producer fails to pay the service charge to the Commission in accordance with subsection (1), the producer is liable to the Commission for the amount of the service charge.

AR 188/2000 s4;186/2004

Service charge under s2(2)

4.1(1)  With respect to the service charge referred to in section 2(2), the producer must

                                 (a)    pay the service charge to the Commission, and

                                 (b)    account to the Commission for the service charge, in the form prescribed by the Commission,

by the 25th day of the month next following the month in which the bison were sold.

(2)  If the producer fails to pay the service charge to the Commission in accordance with subsection (1), the producer is liable to the Commission for the amount of the service charge.

AR 186/2004 s5

Deduction by purchasers

4.2(1)  Where bison are sold by a producer directly to a purchaser without the services of a dealer, that purchaser must

                                 (a)    deduct the amount of the service charge from the money payable to the producer, and

                                 (b)    forward the amount deducted to the Commission and account to the Commission for the amount deducted, in the form prescribed by the Commission, by the 25th day of the month next following the month in which the bison were sold.

(2)  If the purchaser fails to deduct and forward the service charge to the Commission in accordance with subsection (1), the purchaser is liable to the Commission for the amount of the service charge.

AR 186/2004 s5

Deduction by dealers

4.3(1)  Where a dealer is engaged in a purchase or sale of bison, the dealer must

                                 (a)    deduct the amount of the service charge from the money payable to the producer, and

                                 (b)    forward the amount deducted to the Commission and account to the Commission for the amount deducted, in the form prescribed by the Commission, by the 25th day of the month next following the month in which the bison were sold.

(2)  If the dealer fails to deduct and forward the service charge to the Commission in accordance with subsection (1), the dealer is liable to the Commission for the amount of the service charge.

AR 186/2004 s5

Refund of service charges

5(1)  Subject to the Plan, any service charge that is paid by or on behalf of a producer must be refunded to the producer on request of the producer.

(2)  A request for a refund of the service charge must

                                 (a)    be made in writing on a form that is provided by or acceptable to the Commission, and

                                 (b)    contain the following information:

                                           (i)    the producer’s name;

                                          (ii)    the producer’s mailing address and telephone number;

                                         (iii)    the producer’s identification number or herd identification number, if available;

                                         (iv)    the number of animals in respect of which the refund is being requested;

                                          (v)    repealed AR 186/2004 s6;

                                         (vi)    any specifics of the refund request.

(3)  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.

(4)  Any request for a refund that is not received by the Commission within the time periods specified under subsection (3) must not be considered by the Commission and the producer is not entitled to a refund in respect of which the request was made.

(5)  Notwithstanding subsection (4), 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 subsection (3).

(6)  The Commission must refund the service charge to the producer

                                 (a)    within 90 days after the end of the period in which the request for a refund of the service charges is received in accordance with subsection (3), or

                                 (b)    within 90 days after receipt of the request for a refund, in a case where the request is received and accepted under subsection (5).

AR 188/2000 s5;186/2004;256/2004

Information

6(1)  Any person who produces or markets bison or bison products must furnish the Commission, on the request of the Commission, any information or record relating to the production or marketing of bison or bison products that the Commission considers necessary for the purposes of administering

                                 (a)    the Plan,

                                 (b)    this Regulation, and

                                 (c)    any other regulation made under the Act in respect of the Commission.

(2)  Where the Commission requests a person to furnish information under subsection (1), that person must furnish that information to the Commission by the 25th day of the month next following the month in which the request was made for the information.

AR 188/2000 s6;186/2004

7   Repealed AR 186/2004 s8.

Use of funds

8   Any funds received by the Commission under the Plan plus interest that accrues on the funds must be used by the Commission for purposes of paying its expenses and administering the Plan and this Regulation.

Interest

9   Interest must be paid to the Commission for any late payment of service charges at the rate of 1% per month calculated on the balance due.

Legal action

10   The Commission may commence and maintain any legal action that is necessary to enforce the payment of service charges that are payable under the Plan and this Regulation.

Expiry

11   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 188/2000 s11;186/2004