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(Consolidated up to 226/2005)
ALBERTA REGULATION 219/2001
Marketing of Agricultural Products Act
ALBERTA PORK PRODUCERS’ PLAN REGULATION
Table of Contents
1 Interpretation
2 Designation
Part 1
General Operation of the Plan
Division 1
Plan
3 Continuation of Plan
4 Termination of Plan
5 Application of Plan
6 Purposes
Division 2
Operation of Plan by the Commission
7 Corporation continued
8 Responsibilities of the Corporation
9 Regulations to operate the Plan
10 Financing of the Plan
11 Service charges are non-refundable
12 Remuneration
13 Appointment of auditor
14 Authority from Governor in Council
15 Indemnification funds
Part 2
Governance of Plan
Division 1
Producers
16 General rights of producers
17 Producers who are individuals
18 Producers that are not individuals
Division 2
Corporation
19 Directors
20 Chairperson, etc.
21 Quorum
Division 3
Directors and Delegates
22 District Directors
23 District delegates
24 Directors at large
25 Eligibility
26 Non‑eligibility
27 Prohibition
28 Terms of office
29 Limitation on terms
Division 4
General District Meetings
30 District annual meetings
31 Special district meetings
32 Notice of meeting
33 Quorum re annual or special district meeting
34 Business re district annual meeting
Division 5
General Delegates Meetings
35 District delegates meetings
36 Special delegates meetings
37 Time and place of meeting
38 Notice of meeting
39 Quorum
Division 6
Nominations and Elections
40 Nominations
41 Eligibility to vote
42 Voting
43 Election of candidates
44 Failure to elect
44.1 Tie votes
45 Election by acclamation
46 Vacancy
47 Returning officers, etc.
48 Duties of returning officers
49 Controverted election
Division 7
Districts
50 Number of districts
51 Change in districts
52 Composition of districts
Part 3
Transitional Provisions,
Repeals and Review
53 Transitional re Directors
54 Transitional re delegates
55 Repeal
56 Review
Interpretation
1(1) In this Plan,
(a) “Act” means the Marketing of Agricultural Products Act;
(b) “Corporation” means the commission known as the Alberta Pork Producers’ Development Corporation;
(c) “Council” means the Alberta Agricultural Products Marketing Council;
(d) “Directors” means individuals who are elected or appointed, as the case may be, to serve as directors of the Corporation;
(e) “Director at large” means a Director who is elected or appointed, as the case may be, to represent the registered producers in general;
(f) “district Director” means a Director who is elected or appointed, as the case may be, to represent the registered producers of a district;
(g) “hog” means any member of the species Sus scrofa domesticus produced or marketed in Alberta and known as domestic pig;
(h) “marketing” includes buying, owning, selling, offering for sale, storing, grading, assembling, packing, transporting, advertising or financing;
(i) “Plan” means the Plan that is revised, amended, and continued under section 3;
(j) “pork” means a hog that has been processed;
(k) “processing” means changing the nature, size, quality or condition of hogs by mechanical means or otherwise and includes the slaughter of hogs;
(l) “processor” means any party that is engaged in the business of processing hogs or that has hogs processed on its behalf within the Province;
(m) “producer” means
(i) a person engaged in the production of hogs,
(ii) a person who takes possession of any hogs from a producer under any security for a debt, or
(iii) a person who under any arrangement, including a contractual arrangement, is entitled directly or indirectly to a share of the hogs raised by a producer or any portion of the revenue derived from the sale of the hogs;
(n) “Province” means the Province of Alberta;
(o) “registered producer” means a producer who
(i) has produced or marketed a hog in the most recent 12‑month period, and
(ii) has been assigned a producer registration number by the Corporation.
(2) For the purposes of this Plan and the Act as it relates to this Plan, “regulated product” means hogs.
AR 219/2001 s1;199/2004;226/2005
Designation
2 Hogs are hereby designated as agricultural products for the purpose of the Act.
Part 1
General Operation of the Plan
Division 1
Plan
Continuation of Plan
3 The Alberta Hog Producers’ Marketing Plan, 1968, established under Alberta Regulation 195/68 that was amended and continued under Alberta Regulation 141/96 and Alberta Regulation 155/2001 is hereby revised, amended and continued under this Regulation with the name “Alberta Pork Producers’ 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 This Plan applies
(a) to all of Alberta,
(b) to all persons who produce or market or produce and market hogs, and
(c) for the purposes of section 9(b), (c), (d), (e), (f) and (g), to all processors.
Purposes
6(1) The purposes of this Plan are to enable the Corporation to initiate and carry out projects or programs to commence, stimulate, increase or improve the production or marketing, or both, of hogs and pork.
(2) Without limiting the generality of subsection (1), the Corporation may initiate and carry out programs
(a) to assist, educate and inform producers, buyers and processors in developing and improving the production and marketing of hogs and pork;
(b) to expand market awareness and demand for hogs and pork, including the development and promotion of markets for hogs and pork and the education of consumers;
(c) to generally develop and promote the hog and pork industry;
(d) to advise governments on matters concerning the hog and pork industry;
(e) to establish, maintain and operate one or more funds under sections 34 and 35 of the Act;
(f) to conduct or support studies and research relating to the production, marketing and processing of hogs and pork, to the quality improvement of hogs and pork and to the consumption of pork;
(g) to promote increased consumption by consumers of pork and processed pork;
(h) to participate in Government programs;
(i) to encourage the improvement of methods for the assembly, transportation and handling of hogs and pork;
(j) to co‑ordinate and improve understanding within the hog and pork industry and between the hog and pork industry and other related industries;
(k) to work with marketing commissions and boards and other organizations having similar objectives, including those commissions, boards and organizations as may be established in other provinces or outside Canada;
(l) to establish health, safety and quality standards for hogs and pork, including the establishment of an identification and tracing system for hogs produced or marketed in Alberta;
(m) to work with others for the betterment of the Alberta hog industry;
(n) to use service charges and other funds of the Corporation for the purposes of the Corporation.
(3) Neither the production nor the marketing of hogs and pork, nor either of them, is to be controlled or regulated under this Plan.
AR 219/2001 s6;199/2004
Division 2
Operation of Plan by the Commission
Corporation continued
7(1) The commission known as the “Alberta Pork Producers’ Development Corporation” is hereby continued under this Plan as a commission known as the “Alberta Pork Producers’ Development Corporation”.
(2) The Corporation is to operate pursuant to this Plan.
Responsibilities of the Corporation
8 The Corporation
(a) is, subject to the Act, responsible for the operation, regulation, supervision and enforcement of this Plan;
(b) without limiting the generality of clause (a),
(i) may appoint a General Manager and may prescribe the duties and fix and provide for the remuneration of the General Manager;
(ii) may allow the General Manager to retain other employees or contractors, other than an auditor, and may allow the General Manager to prescribe the duties and remuneration payable to those employees and contractors;
(iii) must open one or more deposit accounts with one or more financial institutions and may designate the officers and employees permitted to
(A) sign cheques and other negotiable instruments,
(B) transact the business of the Corporation with its financial institutions, and
(C) generally do all things incidental to or in connection with the transaction of the business of the Corporation with its financial institutions;
(iv) must maintain such books and records, including financial records,
(A) as from time to time may be required under the Act, the regulations or by virtue of any order of the Council, and
(B) as may be determined by the Corporation;
(v) must maintain an office in Alberta and notify each registered producer, licensed processor and the Council of the location of the office of the Corporation;
(vi) subject to the Act, may issue directions governing the internal operations of the Corporation;
(vii) must establish and implement policy for the operation of the Corporation and the implementation and operation of this Plan.
Regulations to operate the Plan
9 For the purpose of enabling the Corporation to operate this Plan, the Corporation may be empowered by the Council with the approval of the Minister to make regulations pursuant to section 26 of the Act
(a) requiring producers engaged in the production or marketing, or both, of hogs to register their names and addresses with the Corporation;
(b) requiring any person who produces, markets or processes hogs to furnish to the Corporation any information or record relating to the production, marketing or processing of hogs that the Corporation considers necessary;
(c) requiring persons to be licensed under this Plan before they become engaged in the production, marketing or processing of hogs;
(d) prohibiting persons from engaging in the production, marketing or processing, as the case may be, of the hogs except under the authority of a licence issued by the Corporation;
(e) governing the issuance, suspension or cancellation of a licence issued under this Plan;
(f) 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 and licence fees, as the case may be;
(g) requiring any person who receives any hogs from a producer
(i) to deduct from the money payable to the producer any service charges payable by the producer to the Corporation, and
(ii) to forward the amount deducted to the Corporation;
(h) providing for the use of any class of service charges, licence fees or other money payable to or received by the Corporation for the purpose of paying its expenses and administering this Plan and regulations made by the Corporation;
(i) permitting the Corporation to exercise any one or more of the powers that are vested in a co‑operative association under the Co‑operative Associations Act.
AR 219/2001 s9;199/2004
Financing of the Plan
10 This Plan is to be financed by the charging and collection of service charges and licence fees.
Service charges are non-refundable
11 Service charges are not refundable on the request of a producer.
Remuneration
12 The remuneration to be paid to the chairperson of the Corporation, the Directors and the delegates is to be fixed by a vote of the delegates at an annual or special meeting of the delegates.
Appointment of auditor
13 The delegates are to appoint an auditor for the Corporation at an annual or special meeting of the delegates.
Authority from Governor in Council
14 In accordance with section 50 of the Act, the Corporation may, with respect to the production or marketing, or both, of the regulated product, be authorized to perform any function or duty and exercise any power imposed or conferred on the Corporation by or under the Agricultural Products Marketing Act (Canada) or the Farm Products Agencies Act (Canada), or both of them.
Indemnification funds
15(1) The Corporation may establish one or more funds under section 34 or 35 of the Act.
(2) In order to finance the funds, the Corporation may raise amounts in accordance with sections 34 and 35 of the Act.
Part 2
Governance of Plan
Division 1
Producers
General rights of producers
16 In accordance with and subject to this Plan, a registered producer is entitled, as a matter of right,
(a) to attend general district meetings and special district meetings;
(b) to make representations on any matter pertaining to this Plan, the Corporation, the Directors and the delegates;
(c) to vote on any matter under this Plan;
(d) to vote in elections held under this Plan;
(e) to hold office under this Plan;
(f) to vote in any plebiscites of producers held under the Act in respect of this Plan.
Producers who are individuals
17 Where a registered producer is an individual, that individual may, subject to this Plan, exercise the rights referred to in section 16.
Producers that are not individuals
18(1) Where a registered producer is not an individual, that producer may, only in accordance with this section, exercise the rights referred to in section 16.
(2) A registered producer to which this section applies must appoint an individual to be the representative of the producer.
(3) A representative appointed by a producer under this section is, subject to this Plan, to exercise on behalf of the producer the rights referred to in section 16.
(4) If a registered 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 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 the Plan unless
(a) the individual presents a document signed by the registered 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 registered 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 registered producer.
(9) A representative shall not vote or hold office before the representative’s appointment is filed in accordance with subsection (5).
Division 2
Corporation
Directors
19 The Corporation consists of 8 Directors made up of
(a) 6 district Directors, and
(b) 2 Directors at large.
Chairperson, etc.
20(1) The Directors are to elect from among themselves
(a) a registered producer to be the chairperson of the Corporation, and
(b) a registered producer to be the vice‑chairperson of the Corporation.
(2) The election of the chairperson and vice‑chairperson is to take place at the first meeting of the Directors held after the elections for all the Directors have been concluded.
(3) The chairperson and vice‑chairperson serve at the pleasure of the Directors.
Quorum
21 A quorum for a meeting of the Directors is not fewer than 5 Directors.
Division 3
Directors and Delegates
District Directors
22 The registered producers for a district are entitled to elect, in accordance with this Plan, 2 district Directors to represent the registered producers in that district.
AR 219/2001 s22;226/2005
District delegates
23 The registered producers for a district are entitled to elect, in accordance with this Plan, 6 delegates to represent the registered producers in that district.
AR 219/2001 s23;226/2005
Directors at large
24 The registered producers for all the districts are entitled to elect, in accordance with this Plan, 2 Directors at large to represent the registered producers in general.
Eligibility
25 In order to be elected to serve as a Director or a delegate, a person
(a) must be an individual who is
(i) a registered producer, or
(ii) appointed as a representative of a registered producer under section 18;
(b) in the case of district Director or a delegate, must be elected at a meeting of registered producers of a district called for the purpose of, among other things, electing a district Director and delegates, as the case may be;
(c) in the case of a Director at large, must be elected in an election conducted for the purpose of, among other things, electing a Director at large.
(d), (e) repealed AR 199/2004 s5.
AR 219/2001 s25;199/2004
Non-eligibility
26(1) A person is not eligible to be a Director or delegate if that person
(a) as of the date of the election is less than 18 years of age;
(b) is a dependent adult as defined in the Dependent Adults Act, or is the subject of a certificate of incapacity under that Act;
(c) is a formal patient as defined in the Mental Health Act;
(d) has been found to be a person of unsound mind by a court elsewhere than in Alberta;
(e) has the status of a bankrupt;
(f) is not a resident of Alberta;
(g) in the case of an individual who is a registered producer, that individual ceases to be a registered producer;
(h) in the case of an individual who is the representative of a registered producer that is not an individual,
(i) that individual ceases to be the representative of the registered producer, or
(ii) the registered producer for which that individual is a representative ceases to be a registered producer;
(i) in the case of an individual who is a registered producer, that individual has failed to pay any service charge payable to the Corporation in respect of any hog marketed by that registered producer during that individual’s term of office as a Director or delegate;
(j) in the case of an individual who is the representative of a registered producer that is not an individual, the registered producer has failed to pay any service charge payable to the Corporation in respect of any hog marketed by that registered producer during that individual’s term of office as a Director or delegate.
(2) A Director or delegate who is no longer eligible under subsection (1) to hold office as a Director or delegate is deemed to have resigned from that office at the time that the ineligibility arose.
Prohibition
27(1) An individual is not eligible at any one time to be a candidate for election as a Director and a candidate for election as a delegate.
(2) Where a registered producer is not an individual, that registered producer is not eligible to nominate more than one person to be its representative as a candidate for election under this Plan.
(3) An individual shall not at any one time serve as both a Director and a delegate.
Terms of office
28(1) The term of office of a Director is 2 years.
(2) The term of office of a delegate is 2 years.
Limitation on terms
29(1) No person may be elected to serve more than 3 consecutive terms as a Director.
(2) No person may be elected to serve more than 3 consecutive terms as a delegate.
(3) For the purposes of this section, any portion of a term of office served by a person as a Director or a delegate appointed under section 46 or 49(5) or (6) and that is one year or less in duration is not to be considered as a term of office.
Division 4
General District Meetings
District annual meetings
30(1) The Corporation must in each year designate the date, time and place for at least one, but not more than 5, local meetings within each district.
(2) The local meetings referred to in subsection (1) constitute the district annual meeting of registered producers of the district.
(3) A district annual meeting for a district must be commenced within 15 months from the conclusion of the last district annual meeting for that district.
Special district meetings
31(1) The Corporation must call a special district meeting of registered producers of a district whenever requested to do so in writing by
(a) at least 25 registered producers of the district, or
(b) the Council.
(2) A special district meeting called under subsection (1) may consist of one meeting for the entire district.
Notice of meeting
32(1) Notice of a meeting called pursuant to this Division must be given by the Corporation at least 14 days prior to the day proposed for the meeting.
(2) A notice given under subsection (1) must be sent by mail to each registered producer at the registered producer’s last address as shown in the records of the Corporation.
Quorum re annual or special district meeting
33 The quorum for any one of the local meetings that constitute a district annual meeting, for any district annual meeting that consists of one meeting or for any special district meeting is not fewer than 6 registered producers.
Business re district annual meeting
34 The registered producers attending a district annual meeting of registered producers are to do the following:
(a) in a year in which an election is to be held to elect district Directors, elect district Directors;
(b) in a year in which an election is to be held to elect Directors at large, vote in the election for the Directors at large;
(c) in a year in which an election is to be held to elect one or more delegates, elect a sufficient number of persons as delegates to fill the positions for which the election was held;
(d) receive a report from the district Directors as to the operations and activities of the Corporation;
(e) receive a certified copy of the auditor’s report concerning the operations of the Corporation for the preceding year;
(f) consider such other matters not referred to in clauses (a) to (e), as the Corporation or those attending the district annual meeting may deem advisable.
AR 219/2001 s34;226/2005
Division 5
General Delegates Meetings
District delegates meetings
35(1) In each year there must be an annual meeting of all the delegates in Alberta.
(2) The annual meeting of the delegates must be held not later than 15 months following the date of the conclusion of the last annual meeting of the delegates.
Special delegates meetings
36(1) Special meetings of delegates
(a) may be called by the Corporation at any time, and
(b) must be called by the Corporation on
(i) the written request of the Council, or
(ii) the written request of at least 1/3 of the delegates.
(2) A district Director may, at any time, call a meeting of the delegates for the district that the Director represents.
Time and place of meeting
37 The date, time and place of any meeting held pursuant to this Division is to be fixed by the Corporation.
Notice of meeting
38 At least 14 days’ notice in writing, specifying the date, time and place of annual meetings or special meetings of delegates must be given by the Corporation to every delegate by mailing the notice to the delegate’s last address as shown on the records of the Corporation.
Quorum
39 The quorum for an annual or special meeting of the delegates is not fewer than 3 delegates.
AR 219/2001 s39;226/2005
Division 6
Nominations and Elections
Nominations
40(1) Where, at a district annual meeting of registered producers, an election is to be conducted to elect district Directors, nominations of candidates for the positions are to be made in writing and delivered to the returning officer prior to the commencement of that district annual meeting.
(2) Where, at a district annual meeting of registered producers, an election is to be conducted of registered producers to elect Directors at large, nominations of candidates for those positions are to be made in writing and delivered to the returning officer prior to the commencement of the first of any of the district annual meetings at which voting is to take place in respect of that election.
(3) Where, at a district annual meeting of registered producers, an election is to be conducted to elect delegates, nominations of candidates for the positions are to be made in writing and delivered to the returning officer prior to the commencement of that district annual meeting.
(4) Where the Corporation provides forms for the purposes of nominations, the nominations must be made in writing on those forms.
(5) Any person who is eligible to serve as a district Director or a delegate may be nominated for election as a district Director or delegate if
(a) subject to section 41(3), the person resides within the district that the person is to represent, and
(b) the person has consented to the nomination.
(6) Any person who is eligible to serve as a Director at large may be nominated for election as a Director at large if
(a) the person resides within any one of the districts, and
(b) the person has consented to the nomination.
(7) The nomination of a candidate for election may be made by any person who
(a) is a registered producer or the representative of a registered producer, and
(b) in the case of a nomination for a district Director or a delegate, resides, subject to section 41(3), within the district that the candidate is being nominated to represent.
AR 219/2001 s40;226/2005
Eligibility to vote
41(1) Subject to this section and section 42, any producer is entitled to vote in any election for a Director or a delegate if the producer
(a) is a registered producer,
(b) has not voted at a previous local meeting within the district during the current election, and
(c) in the case of an election for a district Director or a delegate, resides, subject to subsection (3), within the district that the district Director or delegate is to represent.
(2) Where a registered producer
(a) does not reside within the district in which the producer wishes to vote for a delegate or Director, but
(b) resides in an area or district that is adjacent to the district in which the registered producer wishes to vote,
the producer may apply in writing to the Corporation, 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 purposes of voting in that adjacent district.
(3) On receipt of the written approval of the Corporation of an application made under subsection (2), the producer is, subject to subsections (4) and (5), eligible
(a) to vote in the adjacent district in any election held subsequent to the approval being received by the producer, and
(b) during the time that the producer is eligible to vote in that adjacent district, to nominate persons to hold office and to hold office as a district Director or as a delegate to represent the registered producers in that adjacent district in the same manner and under the same conditions as if that producer resided in that adjacent district.
(4) Where a registered producer has received approval pursuant to subsection (3) to vote in a district in which the producer does not reside, the producer may for a future election apply in writing to the Corporation to change and once more be registered for the purposes of voting in the district in which the producer resides.
(5) Notwithstanding that a producer has been approved pursuant to an application made under subsection (4) to once more in future elections be eligible to vote in the district in which the producer resides, the producer, in respect of the election that is next held following the granting of that approval,
(a) is not eligible to vote in the district in which the producer resides, but
(b) remains eligible to vote in the district referred to in subsection (3).
(6) Notwithstanding anything in this section, a producer may not in any election vote or be eligible to vote in more than one district.
Voting
42(1) Voting for the election of Directors and delegates is to occur at each district annual meeting and is to be by secret ballot.
(2) At each district annual meeting, each registered producer, on presenting the producer registration card, is to receive
(a) one ballot for the purpose of voting for
(i) the candidates for the positions of district Directors, and
(ii) the candidates for the positions of Director at large,
and
(b) one ballot for the purpose of voting for delegates for the district.
(3) There is to be only one vote per producer registration number in respect of each position being voted on.
(4) A registered producer is entitled to not more than one vote on each matter notwithstanding that the registered producer may
(a) have been assigned more than one producer registration number, or
(b) manage, operate, own, lease or hold equity in more than one farm unit.
(5) A registered producer is entitled to vote in not more than one district, notwithstanding that the registered producer may have separately registered premises in more than one district.
(6) Where the registered producer is not an individual, the representative of the registered producer is entitled to vote on behalf of the registered producer.
(7) Notwithstanding section 18(6) to (9), possession by an individual of the producer registration card that is issued for a registered producer that is not an individual is considered as proof of proper designation of the individual as a representative of the registered producer.
(8) Where
(a) the name of a producer who is eligible to vote does not appear on the voters list, or
(b) the producer is not able to present the producer registration card issued to the producer by the Corporation,
or both, the producer is nevertheless entitled to vote if the producer signs a declaration stating that
(c) the producer
(i) is a registered producer, or
(ii) in the case of an unregistered producer, has completed an application for producer registration,
(d) the producer,
(i) subject to section 41, resides in the district in which the producer desires to vote,
(ii) has paid the service charges payable to the Corporation in respect of hogs marketed in the most recent 12‑month period, and
(iii) has not previously voted in the election in the district or in any other district,
and
(e) the producer has not previously received a ballot in respect of the election.
AR 219/2001 s42;199/2004;226/2005
Election of candidates
43(1) Subject to this Plan,
(a) in an election for district Directors, the candidates receiving the first and 2nd largest number of votes are to be declared elected as district Directors;
(b) in an election for district delegates, the candidates receiving the first, 2nd, 3rd, 4th, 5th and 6th largest number of votes are to be declared elected as delegates;
(c) in an election for
(i) 2 Directors at large, the candidates receiving the first and 2nd largest number of votes are to be declared elected as Directors at large, or
(ii) one Director at large, the candidate receiving the largest number of votes is to be declared elected as a Director at large.
(2) The counting of ballots,
(a) in the case of an election for a district Director or any delegate that is conducted during a district annual meeting, is to take place at the conclusion of the voting for the position, and
(b) in the case of an election for a Director at large, is to take place after the conclusion of the last of all of the districts’ annual meetings at which voting was conducted in respect of that election.
AR 219/2001 s43;226/2005
Failure to elect
44(1) Where the registered producers at a district annual meeting fail to elect a district Director and at least one delegate, the Corporation must, not later than 7 days from the day of that meeting,
(a) designate a date, time and place for another meeting of the district, and
(b) mail a notice at least 10 days prior to the day of the meeting to each registered producer who is eligible to vote in that district.
(2) Where another meeting is held pursuant to a notice given under subsection (1) and the eligible voters attending that other meeting fail to elect district Directors and at least one delegate, the Corporation may, subject to section 46, appoint to the vacant positions registered producers who are eligible to hold those positions, and on being appointed to such a position a registered producer holds it as if elected to the position.
(3) Where the eligible voters attending a meeting under subsection (2) fail to elect a Director or delegate, any votes cast for the Directors at large at that meeting are not to be considered in determining the outcome of the election for the Directors at large.
AR 219/2001 s44;226/2005
Tie votes
44.1 If there occurs a tie vote for the position of delegate, director or director at large, the returning officer or deputy returning officer must immediately select by a draw, drawn from the names of all the tied candidates, the name of the candidate to fill the position and the person whose name is drawn is deemed to have been elected to that position.
AR 337/2003 s2
Election by acclamation
45(1) Where only 2 registered producers have been nominated for the positions of district Directors for a district, the chief returning officer is to declare the persons nominated as being elected by acclamation.
(1.1) Where only one registered producer has been nominated for a position of district Director, the chief returning officer is to declare that person nominated as being elected by acclamation.
(2) Where the number of registered producers nominated for the position of delegate for a district are the same as or fewer than the positions to be elected, the chief returning officer is to declare those persons nominated as being elected by acclamation.
(3) Where only
(a) 2 registered producers have been nominated for the positions of Directors at large, the chief returning officer is to declare the persons nominated as being elected by acclamation, or
(b) one registered producer has been nominated for a position of Director at large, the chief returning officer is to declare that person nominated as being elected by acclamation.
AR 219/2001 s45;226/2005
Vacancy
46 Where the position of a district Director, a Director at large or a delegate becomes vacant, the other Directors of the Corporation, with the approval of Council, may appoint to the vacant position a registered producer who is eligible to hold that position and that registered producer holds that position until the expiration of the remaining portion of the term of office of the vacant position.
AR 219/2001 s46;226/2005
Returning officers, etc.
47(1) The General Manager of the Corporation, or the designate of the General Manager, is the chief returning officer and responsible for all administrative procedures relating to the conduct of elections.
(2) The Corporation is to appoint one district returning officer for each district, and the district returning officer is responsible to the chief returning officer and is to take direction from the chief returning officer.
(3) A person is not eligible to be appointed as a district returning officer if that person
(a) is a candidate for election, or
(b) is an incumbent Director or delegate.
Duties of returning officers
48(1) The chief returning officer is to prepare and distribute to each district returning officer a list of eligible voters for each district, and that list is to contain
(a) the names of the eligible voters,
(b) their addresses, and
(c) their producer registration numbers.
(2) The district returning officer is to
(a) ensure that each person who votes in an election is on the voters list or has signed a declaration pursuant to section 42(8), and
(b) forward to the chief returning officer, within 5 days from the date of the election, a report of the results of the election together with all voters lists, declarations, ballots and other documents pertaining to the election.
(3) Unless otherwise directed by the Council, no person shall destroy any records or ballots in respect of a vote or an election held under this Plan until 90 days have elapsed from the day on which the vote was taken.
AR 219/2001 s48;226/2005
Controverted election
49(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, that person 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 the 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 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 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 meeting be held and an election be conducted to fill the vacant position, or
(b) direct that a registered producer be appointed to the position under section 46.
(6) Where a person fills a position under subsection (5), the person is to serve for the unexpired portion of the term.
Division 7
Districts
Number of districts
50 For the purposes of this Plan, Alberta is divided into 3 districts as set out in section 52.
AR 219/2001 s50;226/2005
Change in districts
51 The boundaries of the districts may be altered by the Corporation, on the recommendation of the delegates.
Composition of districts
52(1) District No. 1, to be known as the “South Region”, consists of that land included in the following:
(a) Cardston County;
(b) Municipal District of Pincher Creek No. 9;
(c) Municipal District of Ranchland No. 66;
(d) Municipal District of Taber;
(e) Vulcan County;
(f) County of Warner No. 5;
(g) Municipal District of Willow Creek No. 26;
(h) Improvement District No. 4 (Waterton);
(i) County of Lethbridge;
(j) Municipal District of Acadia No. 34;
(k) Cypress County;
(l) County of Forty Mile No. 8;
(m) County of Newell No. 4;
(n) County of Paintearth No. 18;
(o) County of Stettler No. 6;
(p) Special Area No. 2;
(q) Special Area No. 3;
(r) Special Area No. 4;
(s) Starland County;
(t) Town of Drumheller;
(u) any urban area that is totally surrounded by one or a combination of 2 or more of the municipalities referred to in clauses (a) to (s).
(2) District No. 2, to be known as the “Central Region”, consists of that land included in the following:
(a) Municipal District of Bighorn No. 8;
(b) Municipal District of Foothills No. 31;
(c) Kneehill County;
(d) Mountain View County;
(e) Municipal District of Rocky View No. 44;
(f) Wheatland County;
(g) Kananaskis Improvement District;
(h) Improvement District No. 9 (Banff);
(i) Municipal District of Brazeau No. 77;
(j) Clearwater County;
(k) Lacombe County;
(l) Leduc County;
(m) Red Deer County;
(n) Ponoka County;
(o) County of Wetaskiwin No. 10;
(p) any urban area that is totally surrounded by one or a combination of 2 or more of the municipalities referred to in clauses (a) to (o).
(3) District No. 3, to be known as the “North Region”, consists of that land included in the following:
(a) County of Athabasca No. 12;
(b) Beaver County;
(c) County of Camrose No. 22;
(d) Flagstaff County;
(e) Lamont County;
(f) County of Minburn No. 27;
(g) Municipal District of Provost No. 52;
(h) Smoky Lake County;
(i) Strathcona County;
(j) County of St. Paul No. 19;
(k) County of Thorhild No. 7;
(l) County of Two Hills No. 21;
(m) County of Vermilion River No. 24;
(n) Municipal District of Bonnyville No. 87;
(o) Municipal District of Wainwright No. 61;
(p) Regional Municipality of Wood Buffalo;
(q) Lakeland County;
(r) Improvement District No. 5 (Elk Island);
(s) Improvement District No. 24 (Wood Buffalo);
(t) County of Barrhead No. 11;
(u) Municipal District of Big Lakes;
(v) Birch Hills County;
(w) Municipal District of Clear Hills No. 21;
(x) Municipal District of East Peace No. 131;
(y) Municipal District of Fairview No. 136;
(z) County of Grande Prairie No. 1;
(aa) Municipal District of Greenview No. 16;
(bb) Lac Ste. Anne County;
(cc) Municipal District of Lesser Slave River No. 124;
(dd) Municipal District of Northern Lights No. 22;
(ee) Municipal District of Mackenzie No. 23;
(ff) Municipal District of Opportunity No. 17;
(gg) Parkland County;
(hh) Municipal District of Peace No. 135;
(ii) Saddle Hills County;
(jj) Municipal District of Smokey River No. 130;
(kk) Municipal District of Spirit River No. 133;
(ll) Sturgeon County;
(mm) Westlock County;
(nn) Woodlands County;
(oo) Yellowhead County;
(pp) Improvement District No. 12 (Jasper);
(qq) Improvement District No. 25 (Willmore Wilderness);
(rr) any urban area that is totally surrounded by one or a combination of 2 or more of the municipalities referred to in clauses (a) to (qq).
AR 219/2001 s52;226/2005
Part 3
Transitional Provisions,
Repeals and Review
Transitional re Directors
53(1) In this section,
(a) “continued Corporation” means the Corporation continued under this Regulation;
(b) “previous Plan” means the Alberta Pork Producers’ Plan Regulation (AR 155/2001) as it read immediately before the coming into force of this Regulation.
(2) The persons who, immediately before the coming into force of this Regulation, were Directors of the Corporation under the previous Plan shall, on the coming into force of this Regulation, continue as Directors of the continued Corporation until, in the case of a district Director for a district, the district Director for the district is elected or otherwise appointed under this Plan.
(3) The initial elections conducted under this Plan for district Directors and Directors at large are to be conducted at the first district annual meetings that are held under this Plan after August 1, 2001.
Transitional re delegates
54(1) In this section, “previous Plan” means the Alberta Pork Producers’ Plan Regulation (AR 155/2001) as it read immediately before the coming into force of this Regulation.
(2) The persons who, immediately before the coming into force of this Regulation, were delegates under the previous Plan shall, on the coming into force of this Regulation, continue as delegates until, in respect of a district, the delegates for the district are elected or otherwise appointed under this Plan.
(3) The initial elections conducted under this Plan for delegates for a district are to be conducted at the first district annual meetings that are held under this Plan after August 1, 2001.
Repeal
55 The Alberta Pork Producers’ Plan Regulation (AR 155/2001) is repealed.
Review
56 In compliance with the on‑going regulatory review initiative, this Regulation must be reviewed on or before September 30, 2012.
AR 219/2001 s56;226/2005
