Alberta Queen's Printer:

MARKETING OF AGRICULTURAL PRODUCTS ACT

MARKETING OF
AGRICULTURAL PRODUCTS ACT

Chapter M‑4

Table of Contents

1 Definitions

2 Administration of Act

Part 1
Alberta Agricultural Products Marketing Council

3 Council

4 Council is corporation

5 Bylaws

6 Quorum

7 Staff

8 Appointment of experts

9 Evidence

10 Responsibilities of Council

11 Directions of Council

12 General regulations by Lieutenant Governor in Council

13 Council regulations

14 Annual report

Part 2
Establishment of Plans, Boards and Commissions and Governing of Boards and Commissions

15 Submission of a proposed plan

16 Plebiscite on a proposed plan

17 Establishment of board plans

18 Establishment of commission plans

19 Interim members of boards and commissions

20 Regulations governing boards and commissions

Part 3
Amendment, Continuation, Revision and Termination of Plans

21 Petitions to amend, continue, revise or terminate plans

22 Request to amend, continue, revise or terminate plan

23 Amendment, continuation, revision or termination of plans

24 Plebiscite required

24.1 Plan termination

25 Conduct of plebiscite

Part 4
Operation of Plans

26 Regulations by boards and commissions

26.1 Refundable service charges

27 Regulations by boards

28 Conditions of Council

29 Regulations to be submitted to Council

30 Council’s direction to amend regulations

31 Funds deemed held in trust

32 Advisory committees

33 Negotiations re marketing or production

34 Funds to indemnify against loss

35 Funds to equalize, adjust or stabilize financial returns

Part 5
Reviews and Appeals

36 Review by a board or commission

37 Review by the Council

38 Appeal

39 Appointment of appeal tribunal

40 Rules governing reviews and appeals

41 Confidential evidence

42 Determination by Court

43 Questions of law

Part 6
Enforcement

44 Inspection

45 Court order

46 Seizure of agricultural product

Part 7
General

47 Liability

47.1 Witness exemption

48 Conflicts

49 Producers and processors

50 Delegation

51 Agreements

52 Service of documents

53 Copies of documents

54 Transitional

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1 In this Act,

(a) “agricultural product”

(i) means a natural product of agriculture or a primary food product designated by the Lieutenant Governor in Council as an agricultural product, and

(ii) includes a product resulting from the processing of a product designated as an agricultural product while the product is owned, controlled or regulated by a producer, board or commission;

(b) “board” means a board established by regulation under section 17;

(i) the Farm Products Agencies Act (Canada),

(ii) the Agricultural Products Marketing Act (Canada),

(ii.1) the Canadian Dairy Commission Act (Canada), or

(iii) any other Act of the Parliament of Canada designated by the Lieutenant Governor in Council,

or any one or more of them, as the case may be;

(d) “Canada Board” means

(i) the National Farm Products Council or an agency established pursuant to the Farm Products Agencies Act (Canada),

(i.1) the Canadian Dairy Commission or an agency established pursuant to the Canadian Dairy Commission Act (Canada), or

(ii) the Governor General in Council,

as the case may be;

(e) “commission” means a commission established by regulation under section 18;

(f) “Council” means the Alberta Agricultural Products Marketing Council;

(g) “Court” means the Court of Queen’s Bench;

(g.1) “dealer” means dealer as defined in the regulations with respect to a plan;

(h) “designated agency” means an agency designated by a board as the agency by or through which a regulated product is to be marketed;

(i) “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;

(j) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

(k) “plan” means a plan established, continued, revised or amended under this Act;

(l) “processing” means changing the nature or form of an agricultural product, and includes,

(i) in the case of eggs, the hatching of them, and

(ii) any function or activity designated as processing by the Lieutenant Governor in Council;

(l.1) “processor” means processor as defined in the regulations with respect to a plan;

(m) “producer” means

(i) a person who produces an agricultural product, and

(ii) a producer as defined in the regulations with respect to a plan;

(n) “record” includes

(i) any document, agreement, account, book, return, statement, report or other memorandum of financial or non‑financial information whether in writing or in electronic form or represented or reproduced by any other means, and

(ii) the results of the recording of details of electronic data processing systems to illustrate what the systems do and how they operate;

(o) “regulated product” means any agricultural product in respect of which a plan is established.

RSA 2000 cM‑4 s1;2002 c11 s3

Administration of Act

2 The Minister is charged with the administration of this Act.

1987 cM‑5.1 s2;1994 cG‑8.5 s88

Part 1
Alberta Agricultural Products Marketing Council

Council

3(1) The Alberta Agricultural Products Marketing Council is continued and shall consist of not fewer than 3 persons appointed by the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council shall designate one member of the Council as the chair and another member as the vice‑chair of the Council.

(3) The term of office of a member of the Council, other than the chair, shall not exceed 3 years.

(4) A member of the Council may be reappointed for one additional term of office but is then not eligible to be appointed again as a member of Council until 3 years have expired from the time that the member’s last appointment to the Council has terminated.

(5) The members and the chair of the Council shall be paid remuneration and expenses prescribed by the Lieutenant Governor in Council.

1987 cM‑5.1 s3

Council is corporation

4 The Council is a corporation.

1987 cM‑5.1 s4

Bylaws

5(1) The Council may, with the approval of the Minister, make bylaws governing

(a) the conduct of the business and affairs of the Council in carrying out its responsibilities, and

(b) the calling and conducting of and procedure at meetings of the Council.

(2) The Regulations Act does not apply to a bylaw made under subsection (1).

1987 cM‑5.1 s5

Quorum

6 A quorum at meetings of the Council is a majority of the members of the Council then holding office.

1987 cM‑5.1 s6

Staff

7(1) In accordance with the Public Service Act, there may be appointed a General Manager of the Council and any other employees required to conduct the business of the Council.

(2) Any appointment of a person as the General Manager is subject to the approval of the Minister.

1987 cM‑5.1 s7

Appointment of experts

8 The Council may appoint experts or persons having special, technical or other knowledge to advise it on any matter relating to the production or marketing, or both, of an agricultural product, and may pay them remuneration and expenses as the Council prescribes.

1987 cM‑5.1 s8

Evidence

9(1) For the purposes of section 34 of the Alberta Evidence Act, any record in the possession of the Council is deemed to be in the possession of the Minister.

(2) Section 34 of the Alberta Evidence Act applies to a member of the Council in the same manner as if the member were an employee of the Government.

1987 cM‑5.1 s9

Responsibilities of Council

10 The Council is responsible for the following:

(a) advising the Minister on matters relating to the establishment, operation and control of boards and commissions;

(b) reviewing each proposed plan submitted to it and deciding whether to hold public hearings or meetings in respect of a proposed plan;

(d) conducting votes on plans for the establishment, amendment or termination of plans and of boards and commissions;

(e) supervising the operation of boards and commissions;

(f) administering the regulations made under this Act;

(g) performing any other duties and functions necessary in exercising the authority given to it under this Act and the regulations;

(h) carrying out any other duty assigned to it by the Minister or the Lieutenant Governor in Council.

1987 cM‑5.1 s10

Directions of Council

11 The Council may, with the approval of the Minister, do the following:

(a) require a board, commission or producer or a person who markets or processes a regulated product to furnish to the Council any information or record relating to the production, marketing or processing of a regulated product that the Council considers necessary;

(b) direct a board or commission to carry out any purposes of a plan that the Council considers necessary or advisable;

(c) make any direction necessary to a board, commission or person for the purpose of administering this Act, the regulations or a plan.

1987 cM‑5.1 s11

General regulations by Lieutenant Governor in Council

12 The Lieutenant Governor in Council may make regulations

(a) designating agricultural products for the purpose of this Act and the regulations;

(b) designating any function or activity as marketing for the purpose of this Act and the regulations;

(c.1) defining producer, processor and dealer with respect to a plan;

(d) requiring that a regulation or class of regulation made by a board or commission under section 26 or 27, as the case may be, not be filed in accordance with the Regulations Act unless it is approved by the Lieutenant Governor in Council;

(e) providing for boards or commissions to co‑operate with or act as agents of the Canada Board;

(f) subject to Part 3, governing the winding‑up and disposition of the assets of a board or commission whose establishment is terminated;

(g) authorizing the Council to levy assessments and charge fees in respect of services it renders to any person, board or commission;

(h) exempting from the operation of a plan

(i) any person or class of person,

(ii) any class, variety, size, grade, kind or number of an agricultural product, or

(iii) any method of selling any class, variety, size, grade, kind or number of an agricultural product;

(i) notwithstanding this or any other Act, providing for

(i) the carrying out by the Council or a trustee of any or all of the duties of a board or commission;

(ii) the vesting of the assets of a board or commission in the Council or a trustee;

(iii) with respect to any or all of the assets that are owned or in the custody of a board or commission,

(A) subject to paragraph (B), the disposition of the assets, and

(B) the return to the producers of any assets that are identified as being the property of or owing to the producers;

(j) authorizing the disclosure of information, including personal information, that relates to the administration of a plan, this Act and the regulations or orders and directives of a board or commission that has been

(i) collected or used by a public body, within the meaning of the Freedom of Information and Protection of Privacy Act, to a board or commission for use by the board or commission in carrying out its powers and duties;

(ii) collected or used by a board or commission to a public body, within the meaning of the Freedom of Information and Protection of Privacy Act, for use by the public body in carrying out its powers and duties.

RSA 2000 cM‑4 s12;2002 c11 s3

Council regulations

13 The Council may, with the approval of the Minister, make regulations

(a) subject to Parts 2 and 3, governing plebiscites held under this Act;

(b) respecting any matter necessary or advisable to carry out the intent and purpose of this Act.

1987 cM‑5.1 s13

Annual report

14(1) The Council shall, as soon as practicable after the end of the fiscal year of the Council, prepare a report summarizing the affairs of the Council for that fiscal year and forward the report to the Minister.

(2) When the Minister receives the report, the Minister shall lay a copy of it before the Assembly if it is then sitting, and if it is not then sitting, within 15 days from the day of commencement of the next sitting of the Assembly.

1987 cM‑5.1 s14

Part 2
Establishment of Plans, Boards
and Commissions and Governing
of Boards and Commissions

Submission of a proposed plan

15(1) A group of producers may submit to the Council a proposed plan for the establishment

(a) of a plan that will be administered by a board

(i) for the control and regulation of the marketing but not the production of an agricultural product, and

(ii) to initiate and carry out projects or programs to commence, stimulate, increase or improve the production or marketing, or both, of an agricultural product,

(b) of a plan that will be administered by a board

(i) for the control and regulation of the production and marketing of an agricultural product, and

(ii) to initiate and carry out projects or programs to commence, stimulate, increase or improve the production or marketing, or both, of an agricultural product,

(d) of a plan that will be administered by a commission

(i) to initiate and carry out projects or programs to commence, stimulate, increase or improve the production or marketing, or both, of an agricultural product but that will not permit the control or regulation of the production or marketing of that agricultural product, and

(ii) under which any service charge collected will be refundable on the request of a producer.

(2) A proposed plan shall set out at least the following terms under which the proposed plan is intended to operate:

(a) the agricultural product that is to be the subject of the plan;

(b) whether the plan is to terminate at the conclusion of a specific period of time and, if so, the method, if any, as to how the plan will be wound up;

(i) whether the plan is to permit

(A) the control and regulation of only the marketing of the agricultural product, or

(B) the control and regulation of the production and marketing of the agricultural product;

(ii) the methods, if any, by which the production or marketing, as the case may be, of the agricultural product is to be owned, controlled or regulated;

(iii) the projects or programs, if any, that are to be carried out for the purpose of commencing, stimulating, increasing or improving the production or marketing, or both, of the agricultural product;

(iv) whether the plan is to apply to all of Alberta or only certain parts of Alberta;

(v) if the plan is to apply only to parts of Alberta, those parts of Alberta to which the plan will apply;

(vi) any class, variety, size, grade or kind of the agricultural product that is to be exempted from the plan;

(vii) the persons, if any, that are to be exempted from the plan;

(viii) the regulation‑making powers that the board wishes to be authorized to exercise under sections 26 and 27;

(ix) the methods by which the operation of the plan is to be financed;

(x) whether the board intends to establish a fund under section 34 or 35;

(xi) if a fund is to be established under section 34 or 35, the methods by which the fund is to be financed;

(xii) the composition of the board;

(xiii) the method of electing members to the board;

(xiv) the method for reviewing the conduct of elections of members to the board;

(d) in the case of a plan that is to be administered by a commission,

(i) the projects or programs, if any, that are to be carried out for the purpose of commencing, stimulating, increasing or improving the production or marketing, or both, of the agricultural product;

(ii) whether the plan is to apply to all of Alberta or only certain parts of Alberta;

(iii) if the plan is to apply only to parts of Alberta, those parts of Alberta to which the plan will apply;

(iv) any class, variety, size, grade or kind of the agricultural product that is to be exempted from the plan;

(v) the persons, if any, that are to be exempted from the plan;

(vi) the regulation‑making powers that the commission wishes to be authorized to exercise under section 26;

(vii) the methods by which the operation of the plan is to be financed;

(viii) if a service charge is imposed, that it is refundable on the request of a producer;

(ix) whether the commission intends to establish a fund under section 34 or 35;

(x) if a fund is to be established under section 34 or 35, the methods by which the fund is to be financed;

(xi) the composition of the commission;

(xii) the method of electing members to the commission;

(xiii) the method for reviewing the conduct of elections of members to the commission.

RSA 2000 cM‑4 s15;2009 c28 s2

Plebiscite on a proposed plan

16(1) A plan is not to be established until

(a) the proposed plan is submitted to a plebiscite of the producers to determine whether the plan should be established, and

(b) the vote conducted under the plebiscite is in favour of the plan.

(2) Notwithstanding subsection (1), the Lieutenant Governor in Council may exempt a proposed plan referred to in section 15(1)(d) from the requirement of being submitted to a plebiscite.

(3) For the purpose of conducting a plebiscite of producers to determine whether a plan shall be established, the Council shall by regulation which shall be subject to the approval of the Minister determine what constitutes

(a) an eligible producer,

(b) a sufficient number of eligible producers, and

(c) a sufficient portion of the total agricultural product that is marketed or is capable of being produced by the eligible producers.

(4) When

(a) a sufficient number of eligible producers have voluntarily registered with the Council in order for a plebiscite to be held, and

(b) the eligible producers so registered market or are capable of producing a sufficient portion of the agricultural product,

the Council shall cause a plebiscite to be held.

(5) A plebiscite shall be considered to be in favour of a plan being established if the proposed plan is approved by a majority vote of the eligible producers who have registered with the Council for the purpose of voting in the plebiscite.

1987 cM‑5.1 s16

Establishment of board plans

17(1) Where a vote is in favour of the establishment of a plan referred to in section 15(1)(a) or (b), the Lieutenant Governor in Council may make regulations

(a) establishing a plan setting out provisions providing for

(i) the control and regulation of the marketing or production and marketing of an agricultural product,

(ii) the carrying out of projects or programs to commence, stimulate, increase or improve the production or marketing, or both, of an agricultural product,

(iii) the number of persons to be elected as members of the board and the name of office by which those persons shall be known,

(iv) the method or methods by which the members of the board shall be elected,

(v) the method by which vacancies on the board are to be filled, and

(vi) the other terms referred to in section 15 under which the plan shall operate,

and

(b) establishing a board to administer and operate a plan referred to in clause (a).

(2) A board established under a plan is a corporation.

(3) Every member of a board shall be a producer or a representative of a producer if the producer is a corporation.

1987 cM‑5.1 s17

Establishment of commission plans

18(1) Where

(a) a vote is in favour of the establishment of a plan referred to in section 15(1)(c) or (d), or

(b) a plan referred to in section 15(1)(d) is exempted from the requirement of being submitted to a plebiscite,

the Lieutenant Governor in Council may make regulations as provided in subsection (2).

(2) Where subsection (1) applies, the Lieutenant Governor in Council may make regulations

(a) establishing a plan setting out provisions providing for

(i) initiating and carrying out projects or programs to commence, stimulate, increase or improve the production or marketing, or both, of an agricultural product,

(ii) the number of persons to be elected as members of the commission and the name of office by which those persons shall be known,

(iii) the method or methods by which the members of the commission shall be elected,

(iv) the method by which vacancies on the commission are to be filled, and

(v) the other terms referred to in section 15 under which the plan shall operate,

and

(b) establishing a commission to administer and operate a plan referred to in subsection (1)(a).

(3) A commission established under a plan is a corporation.

(4) Every member of a commission shall be a producer or a representative of a producer if the producer is a corporation.

1987 cM‑5.1 s18

Interim members of boards and commissions

19(1) After a board or commission is established under section 17 or 18 and prior to the election of the initial members to the board or commission, the Council may appoint interim members to that board or commission to carry out its functions until the initial members are elected and assume their duties on the board or commission.

(2) Despite section 1(1)(r) of the Financial Administration Act, the appointment of interim members under subsection (1) does not make the board or commission a Provincial corporation.

RSA 2000 cM‑4 s19;2002 c11 s3

Regulations governing boards and commissions

20 The Council may, with the approval of the Minister, make regulations

(a) prescribing bylaws governing

(i) the conduct of the business and affairs of boards and commissions in carrying out their responsibilities, and

(ii) the calling and conducting of and procedure at meetings of boards and commissions;

(b) authorizing a board or commission to pay remuneration and expenses to its members.

1987 cM‑5.1 s20

Part 3
Amendment, Continuation, Revision and Termination of Plans

Petitions to amend, continue, revise or terminate plans

21(1) The producers under a plan may submit a petition to the Council requesting that the plan be amended, continued, revised or terminated.

(2) The Council shall not accept a petition under subsection (1) unless the petition

(a) clearly states the intent of the petition,

(b) is signed by at least 20% of the producers under the plan,

(i) in a legible manner the name and address, and

(ii) the signature,

of each petitioner, and

(d) is submitted to the Council within 12 months from the date that the first petitioner signed the petition.

1987 cM‑5.1 s21;1998 c20 s3

Request to amend, continue, revise or terminate plan

22 The Council may, pursuant to

(a) a petition submitted under section 21,

(b) a resolution of Council whether or not it has received a petition under section 21, or

apply to the Lieutenant Governor in Council to amend, continue, revise or terminate a plan.

1987 cM‑5.1 s22;1998 c20 s4

Amendment, continuation, revision or termination of plans

23(1) The Lieutenant Governor in Council,

(a) on receiving an application from the Council to do so, where a plebiscite is not required to be conducted under this Part, or

(b) pursuant to a plebiscite conducted under this Part,

may make regulations amending, continuing, revising or terminating a plan.

(2) Where a plan is continued or revised under subsection (1), the plan

(a) shall include at least those terms referred to in section 15(2),

(b) shall include a provision that the plan is continued, and

(3) Where a plan is to be continued or revised, that plan may be amended, continued and revised in the same regulation.

(4) Notwithstanding subsection (1) and sections 21 and 22, the Lieutenant Governor in Council may, with respect to a plan that is administered by a commission that provides that service charges are not refundable on the request of a producer, make regulations amending the plan to provide that the service charges are refundable on the request of a producer.

(5) A regulation made under subsection (4) applies to the 2010‑11 fiscal year and subsequent fiscal years of a commission.

RSA 2000 cM‑4 s23;2009 c28 s3

Plebiscite required

24(1) A plan shall not be

(a) amended, in the case of a plan that is administered by a board, if the amendment relates directly to the control or regulation of the production or marketing, or both, of a regulated product under the plan, or

(b) terminated if the plan was

(i) established pursuant to a plebiscite of the producers conducted under Part 2, or

(ii) in operation immediately before July 27, 1987,

unless a plebiscite of the producers is conducted to determine whether the plan should be amended or terminated, as the case may be, and the vote conducted under the plebiscite is in favour of the amendment or termination.

(2) Where a plan that is administered by a board is to be continued or revised and the effect of the proposed continuation or revision of the plan or any amendment to the plan that is to be included in the proposed continuation or revision is, in the opinion of the Council, to substantially change from the existing plan the way in which the production or marketing, or both, of the regulated product is to be controlled or regulated, that plan must not be continued or revised as proposed unless a plebiscite of the producers is conducted to determine whether the plan should be continued or revised in the manner being proposed and the vote conducted under the plebiscite is in favour of the plan being continued or revised in the manner being proposed.

(3) The Lieutenant Governor in Council may, whether or not an application is made under section 22 to amend, continue, revise or terminate a plan, direct the Council to conduct a plebiscite of the producers under a plan for the purpose of determining whether the plan should be amended, continued, revised or terminated.

RSA 2000 cM‑4 s24;2009 c28 s4

Plan termination

24.1(1) If a board or commission

(a) has failed to file the minutes of its meetings, annual financial statement, annual auditor’s report on the financial statement and annual general report of the board’s or commission’s operation for 2 consecutive years after the documents or statements were required to be so filed with the Council, and

(b) the Council has reasonable cause to believe that the board or commission is no longer operating under the plan,

the Council must serve notice on the board or commission that it must file the documents or statements that have not been filed and notify the Council that it is carrying out the purposes of the plan.

(2) Notwithstanding section 24, if within 60 days after the notice under subsection (1) is served,

(a) the board or commission fails to file with the Council the documents or statements referred to in subsection (1)(a), or

(b) the last known director of the board or commission notifies the Council that it is not carrying out the purposes of its plan,

the Council must publish a notice in The Alberta Gazette that, with the approval of the Lieutenant Governor in Council, the plan may be terminated 60 days after the date of publication of the notice without holding a plebiscite under section 24.

(3) The Lieutenant Governor in Council may approve the termination of a plan under this section without a plebiscite of the producers under this Part being held.

2002 c11 s3

Conduct of plebiscite

25(1) The Council shall with the approval of the Lieutenant Governor in Council arrange to conduct a plebiscite of the producers under a plan if

(a) the Council considers it appropriate to determine the opinion of the producers under the plan as to whether the plan should be amended, continued, revised or terminated,

(b) a proposed amendment to a plan relates directly to the control or regulation of the production or marketing, or both, of a regulated product under the plan, or

(d) it is proposed to terminate a plan referred to in section 24(1)(b).

(2) Where the Lieutenant Governor in Council considers it appropriate to determine the opinion of the producers on a matter, the Lieutenant Governor in Council may direct the Council to conduct a plebiscite of the producers in respect of that matter.

(3) For the purposes of conducting a plebiscite of the producers under a plan with respect to the amendment, continuation, revision or termination of the plan, the Council shall by regulation that shall be subject to the approval of the Minister determine what constitutes

(a) an eligible producer,

(b) a sufficient number of eligible producers, and

(c) a sufficient portion of the total agricultural product that is marketed or is capable of being produced by the eligible producers.

(4) When

(a) a sufficient number of eligible producers have voluntarily registered with the Council in order for a plebiscite to be held, and

(b) the eligible producers so registered market or are capable of producing a sufficient portion of the agricultural product,

the Council shall cause a plebiscite to be held.

(5) A plebiscite shall be considered to be in favour of the question voted on if the majority of eligible producers who have registered with the Council for the purpose of voting in the plebiscite vote to amend, continue, revise or terminate the plan.

RSA 2000 cM‑4 s25;2009 c28 s5

Part 4
Operation of Plans

Regulations by boards and commissions

26(1) For the purpose of enabling a board or commission to operate a plan, the Council, with the approval of the Minister, may by regulation authorize a board or commission to make regulations

(a) requiring producers engaged in the production or marketing, or both, of a regulated product to register their names and addresses with the board or commission;

(a.1) providing for classifying producers, processors and others into groups for the purposes of a plan;

(b) requiring any person who produces, markets or processes a regulated product to furnish to the board or commission any information or record relating to the production, marketing or processing of the regulated product that the board or commission considers necessary;

(c) requiring persons to be licensed under the plan before they become engaged in the production, marketing and processing, or any one or more of those functions, of a regulated product;

(d) prohibiting persons from engaging in the production, marketing or processing, as the case may be, of a regulated product except under the authority of a licence issued under the plan;

(e) governing the issuance, suspension or cancellation of a licence issued under the plan;

(f) providing for

(i) the assessment, charging and collection of service charges, levies and licence fees, as the case may be, 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, levies and licence fees, as the case may be;

(g) in the case of a commission, providing for the refund of service charges;

(h) requiring any person who receives a regulated product from a producer

(i) to deduct from the money payable to the producer any service charges, licence fees or levies, as the case may be, payable by the producer to the board or commission, and

(ii) to forward the amount deducted to the board or commission;

(i) providing for the use of any class of service charges, licence fees, levies or other money payable to or received by the board or commission for the purpose of paying its expenses and administering the plan and the regulations made by the board or commission;

(j) requiring persons who produce, market or process a regulated product to mark the containers of their products to show the place of origin or place of production to the satisfaction of the board or commission;

(k) providing for the payment to a Canada Board of money that is payable under a Canada Act;

(l) permitting the board or commission to exercise any one or more of the powers that are vested in a co‑operative association under the Co‑operative Associations Act or a cooperative under the Cooperatives Act.

(2) A board or commission may make administrative orders and directives respecting the carrying out of any or all of its powers and duties under this section.

(3) The Regulations Act does not apply to an administrative order or directive under subsection (2).

RSA 2000 cM‑4 s26; 2001 cC‑28.1 s459;2001 c23 s1(12);
2002 c11 s3

Refundable service charges

26.1(1) If a provision of a plan that is administered by a commission provides that service charges are not refundable on the request of a producer, that provision no longer applies, effective on the commencement of the 2010‑11 fiscal year of the commission.

(2) A commission referred to in subsection (1)

(a) is, notwithstanding section 26(1), authorized to make regulations providing for the refund of service charges on the request of a producer, and

(b) must make the regulations effective on the commencement of the 2010‑11 fiscal year of the commission in respect of service charges imposed during that fiscal year and subsequent fiscal years.

(3) Where a commission fails to make a regulation in accordance with subsection (2) on or before January 1, 2010, the Lieutenant Governor in Council may make the regulation referred to in subsection (2) with respect to that commission.

(4) A regulation under subsection (3) applies until the commission makes a regulation under section 26(1) providing for the refund of service charges on the request of a producer.

2009 c28 s6

Regulations by boards

27(1) For the purpose of enabling a board to operate a plan, the Council, with the approval of the Minister, may, in addition to an authorization made under section 26, by regulation authorize a board to make regulations

(a) requiring that the production or marketing, or both, of a regulated product be conducted pursuant to a quota;

(b) governing

(i) the fixing and allotting of quotas,

(ii) the increase or reduction of quotas,

(iii) the cancelling of quotas, and

(iv) the refusal to fix and allot quotas,

to producers for the production or marketing, or both, of a regulated product on any basis that the board considers appropriate;

(b.1) respecting the regulation of the supply of a regulated product by producers to processors, including but not restricted to the transportation, delivery and supply of the regulated product to processors, entitlement of processors to the regulated product and transferring of the regulated product among processors;

(b.2) permitting or prohibiting the transfer of the regulated product from one producer to another and permitting or prohibiting the transfer of the regulated product from one processor to another;

(c) governing the transferability or non‑transferability of quotas and prescribing the conditions and procedures applicable to the transfer of quotas, if any, that the board considers appropriate;

(d) establishing

(i) a formula for determining the volume, weight, components, contents, amount or number of a regulated product deemed to have been produced or marketed by a producer, and

(ii) the period of time in respect of which the formula is to be applied,

for the purposes of determining the amount of a regulated product produced or marketed by a producer during a period of time;

(e) providing for

(i) the assessment, charging and collection of a levy from any producer whose production or marketing, or both, of the regulated product is in excess of the quota that has been fixed and allotted to that producer, and

(ii) the taking of legal action to enforce payment of the levy;

(f) requiring any person who provides an agricultural product to a producer under the plan to furnish to the board any information requested by the board;

(g) determining the quantity, weight and volume of each class, variety, size, grade, kind, components and contents of the regulated product that shall be produced or marketed, or both, by each producer;

(h) requiring a producer who produces a regulated product to market the regulated product through the board or through a designated agency;

(i) directing, controlling or prohibiting, as the case may be, the production or marketing, or both, of the regulated product or any class, variety, size, grade or kind of the regulated product in any manner that the board considers appropriate;

(j) regulating and controlling the production or marketing, or both, of the regulated product, including the times and places at which the regulated product may be produced or marketed;

(k) providing for the purchase or acquisition of any of the regulated product that the board considers advisable and the sale or disposition of it;

(l) providing for the establishment and operation of one or more programs for the disposition of any agricultural product considered to be surplus to market requirements;

(m) determining from time to time the minimum price or prices that shall be paid to producers for the regulated product or any class, variety, size, grade, volume, weight, components, contents or kind of the regulated product and determining different prices for different parts of Alberta;

(m.1) governing the priority of use of a regulated product or any class, variety, size, grade, volume, weight or kind of the regulated product;

(n) requiring that the money payable or owing to a producer for the regulated product be paid to or through the board;

(o) providing for the payment to a producer or processor of the money payable or owing for the regulated product or agricultural product, less any service charges and levies owing to the board by the producer or processor, and fixing the time or times at which or within which the payments shall be made;

(o.1) providing for the terms and conditions on which a person may market the regulated product in excess of the quota fixed and allocated to the person;

(o.2) respecting the amount, manner and time of payments to producers by processors and requiring the making of statements and other documents accompanying payments and respecting the information to be contained in the statements and other documents;

(o.3) respecting the payment to the producer of the money payable or owing for the regulated product, less the cost of any inspection, grading or testing costs and other costs required to ensure the proper operation of the plan;

(p) providing

(i) for the operation of one or more pools for the distribution of all money payable to the producers from the sale of the regulated product, and

(ii) for the deduction of reasonable and proper disbursements and expenses with respect to the operation of the pool;

(iii) for the deduction of service charges and levies, including but not restricted to inspection costs, transportation, testing and grading costs and other costs required to ensure the proper operation of the plan;

(q) providing for the collection from any person by legal action of money owing to a producer for the regulated product;

(r) governing

(i) the furnishing of security or proof of financial responsibility by any person engaged in the production, marketing or processing of a regulated product, and

(ii) the administration and disposition of any money or securities so furnished;

(s) prohibiting a person to whom a quota has not been fixed and allotted for the production or marketing, or both, of a regulated product from producing or marketing, as the case may be, any of the regulated product;

(t) prohibiting a producer to whom a quota has been fixed and allotted for the production or marketing, or both, of a regulated product from producing or marketing, as the case may be, any of the regulated product in excess of that quota;

(u) prohibiting any person from purchasing or otherwise acquiring any regulated product from a producer that is in excess of the quota that has been fixed and allotted to the producer for the production or marketing, or both, of the regulated product;

(v) prohibiting any person from purchasing or otherwise acquiring any regulated product from a person to whom a quota has not been fixed and allotted for the production or marketing, or both, of the regulated product;

(w) prohibiting any person from marketing or processing any of the regulated product that has not been sold by or through the board or a designated agency;

(x) establishing grades for a regulated product, respecting the grading of the regulated product and providing for deductions from price based on grade, and providing for netting out, in conjunction with pools, all amounts payable among producers, processors and a board;

(y) respecting the use of a regulated product based on the class, weight or volume available of the regulated product;

(z) requiring purchasers of a regulated product and processors of the regulated product and agricultural products to provide information in a form acceptable to the board respecting the source, weight and volume of the regulated product and of the agricultural products used to process and produce additional agricultural products and the class, volume, contents, components, weight and amount of those agricultural products and providing for the assessment, charging and collection of service charges respecting the verification of the information.

(1.1) The Insurance Act does not apply to pools operated by boards pursuant to subsection (1)(p).

(2) Where an agricultural product is not a regulated product under the plan but is instrumental with respect to the production of the regulated product, the Council may, with the approval of the Minister, authorize a board to make regulations

(a) governing that agricultural product in the same manner as if the agricultural product were a regulated product under the plan;

(b) governing, with respect to that agricultural product, the producers of the regulated product under the plan in the same manner as if the agricultural product were a regulated product under the plan;

(c) establishing and governing a formula for determining the amount or number of a regulated product produced or deemed to have been produced from that agricultural product.

(3) Where a board makes regulations under subsection (2), those regulations shall apply with respect to the agricultural product only while that agricultural product is in the possession or under the control of the producer of the regulated product.

(4) If an agricultural product is not a regulated product under the plan but is used to produce an agricultural product, the Council may, with the approval of the Minister, authorize the board to make regulations

(a) governing, with respect to that agricultural product, the producers and processors of the regulated product under the plan in the same manner as if the agricultural product were a regulated product under the plan;

(b) establishing and governing a formula for determining the size, volume, weight, components or number of agricultural product produced or deemed to have been produced from the size, volume, weight, components or number of the regulated product.

(5) If a board makes regulations under subsection (4), those regulations apply with respect to the agricultural product only while the agricultural product is owned or controlled by a processor or while payment with respect to the regulated product is still owing to a producer, processor or board or if verification of the ultimate use of the regulated product is required to determine money owing to a producer, processor or board in respect of the regulated product.

(6) A board may make administrative orders and directives respecting the carrying out of any or all of its powers and duties under this section.

(7) The Regulations Act does not apply to an administrative order or directive under subsection (6).

RSA 2000 cM‑4 s27;2002 c11 s3

Conditions of Council

28 The Council, with the approval of the Minister, may, in respect of any authorization made under section 26 or 27,

(a) prescribe conditions or restrictions, or

(b) limit the authority of the board or commission,

with respect to the making of regulations by a board or commission under that authorization.

1987 cM‑5.1 s28

Regulations to be submitted to Council

29(1) A regulation made by a board or a commission under section 26, 26.1(2) or 27, as the case may be, shall not be filed in accordance with the Regulations Act unless it is submitted to and approved by the Council.

(2) Within 45 days from the day the Council receives a copy of a regulation from a board or commission, it shall

(a) approve the regulation,

(b) request the board or commission to vary the regulation and to re‑submit the regulation to the Council under this section, or

and notify the board or commission of its action.

(3) Notwithstanding subsection (2), if the Council does not within the 45‑day period take any action under subsection (2),

(a) the board or commission, as the case may be, may file the regulation in accordance with the Regulations Act, and

(b) the regulation is deemed to have been approved by the Council.

(4) This section does not apply if the regulation referred to in subsection (1) is, pursuant to a regulation made under section 12(d), required to be approved by the Lieutenant Governor in Council before it is filed in accordance with the Regulations Act.

RSA 2000 cM‑4 s29;2009 c28 s7

Council’s direction to amend regulations

30(1) At any time after a regulation made by a board or commission under section 26, 26.1(2) or 27, including a regulation approved by the Lieutenant Governor in Council pursuant to a regulation made under section 12(d), is filed in accordance with the Regulations Act, the Council may request in writing the board or commission, as the case may be,

(a) to amend the regulation as directed by the Council, or

(b) to repeal the regulation.

(2) If a board or commission does not comply with a request of the Council made under subsection (1) within 45 days from the day the board or commission is served with the request, the Council may, with the approval of the Minister, amend or repeal the regulation in accordance with the request it made to the board or commission.

RSA 2000 cM‑4 s30;2009 c28 s8

Funds deemed held in trust

31 Where a person has the possession of or control over funds that are

(a) owing to a producer for a regulated product sold to the person by the producer,

(b) owing to a board or commission, or

that person holds those funds in trust for the producer, board or commission, as the case may be, and the producer, board or commission may collect those funds by legal action or otherwise.

1987 cM‑5.1 s31

Advisory committees

32(1) The Council or a board or commission may by order establish advisory committees to advise and make recommendations with respect to the production or marketing, or both, of a regulated product.

(2) The order establishing an advisory committee may

(a) prescribe the terms of reference of the advisory committee,

(b) provide for the membership of the advisory committee,

(d) provide for the payment of remuneration and expenses to the members of the advisory committee.

(3) A board or commission shall establish an advisory committee when directed to do so by the Council, subject to those terms and conditions, if any, prescribed by the Council.

1987 cM‑5.1 s32

Negotiations re marketing or production

33(1) With the approval of the Minister, the Council may in respect of a plan administered by a board make regulations

(a) providing for the establishment, in connection with any plan established under Part 2, of negotiating agencies that may be empowered to adopt or settle by agreement or to establish, by agreement, a method to determine any or all of the following matters:

(i) minimum prices for the regulated product or for any class, variety, size, volume, weight, components, grade or kind of the regulated product;

(ii) terms, conditions and forms of agreements relating to the production or marketing of the regulated product;

(iii) any charges, costs or expenses relating to the production or marketing of the regulated product;

(iv) supply of regulated product and agricultural product to processors, entitlement of processors to regulated product and agricultural product and transfer of regulated product and agricultural product among processors;

(v) method and timing of payment to a producer or processor of money payable or owing for regulated product or agricultural product and payment to the board for service charges and levies owing to a board with respect to the regulated product or agricultural product;

(vi) the furnishing of security or proof of financial responsibility by any person engaged in the production, marketing or processing of regulated product and agricultural product and the administration and disposition of any security or proof of financial responsibility that is furnished;

(b) providing for the arbitration by an arbitrator or arbitration board of any matter not adopted or settled by agreement under clause (a);

(i) any agreement adopted or settled under clause (a), or

(ii) any award made under clause (b);

(d) determining

(i) the composition of negotiating agencies, and

(ii) the appointment of arbitrators or arbitration boards,

and regulating the practice and procedure of those agencies and arbitration boards;

(e) authorizing a board, subject to any terms or conditions prescribed in the authorization,

(i) to make regulations regulating and controlling agreements entered into by producers of a regulated product with persons engaged in marketing or processing of the regulated product, and

(ii) to prohibit any provision in the agreement.

(2) Every agreement and award made under the regulations referred to in subsection (1)

(a) shall be filed with the Council forthwith after it is made;

(b) subject to clause (c), remains in force for one year or for the period provided in the agreement or award or re‑negotiated agreement or award;

(c) may at any time, on the direction of the Council, be re‑negotiated in whole or in part in a manner that the Council determines.

(2.1) Every agreement and award made under the regulations referred to in subsection (1) is binding on and enforceable against the producers, processors and the board of the plan with respect to which the agreement is made.

(3) The Arbitration Act applies to arbitrations conducted under this Act or the regulations under this Act except where there is a conflict between the Arbitration Act and this Act or the regulations, in which case this Act and the regulations prevail.

RSA 2000 cM‑4 s33;2002 c11 s3

Funds to indemnify against loss

34(1) A board or commission may, if the plan under which it operates so provides, establish, maintain and operate one or more funds that may be used to indemnify or protect producers under the plan against financial loss suffered by them or on their behalf in the production or marketing, or both, of a regulated product.

(2) When a fund is established under subsection (1), the board or commission may, subject to this Act and the regulations, assess, charge and collect amounts required for the maintenance and operation of the fund from the producers under the plan.

(3) Payments made into a fund established under this section shall not form part of a licence fee, service charge or levy charged under the plan.

(4) If

(a) a fund is established under this section, and

(b) a producer under a plan does not wish to receive any indemnity or protection from the fund,

the producer shall, on application to the board or commission for an exemption, be exempted from making any payment under subsection (2).

(5) A producer shall not, with respect to any period of time that the producer did not participate in a fund established under this section, be charged any amount for or in relation to that fund.

(6) The Insurance Act does not apply to a fund established or operated under this section.

1987 cM‑5.1 s34

Funds to equalize, adjust or stabilize financial returns

35(1) A board or commission may, if the plan under which it operates so provides, establish, maintain and operate one or more funds that may be used for the purpose of equalizing, adjusting or stabilizing the financial returns to producers under the plan from the marketing of a regulated product.

(a) who have voluntarily applied to the board or commission to participate in the fund, and

(b) whose applications to participate in the fund have been accepted.

(3) Payments made into a fund established under this section shall not form part of a licence fee, service charge or levy charged under the plan.

(4) A producer shall not, with respect to any period of time that the producer did not participate in a fund established under this section, be charged any amount for or in relation to that fund.

(5) The Insurance Act does not apply to a fund established or operated under this section.

1987 cM‑5.1 s35

Part 5
Reviews and Appeals

Review by a board or commission

36(1) A person affected by an order, direction or decision of a board or commission may, within 60 days from the day that the person is served with it, apply to the board or commission, as the case may be, to have the board or commission review its order, direction or decision.

(2) A review under this section shall be commenced by serving an application for the review on the board or commission.

1987 cM‑5.1 s36

Review by the Council

37(1) A person, board or commission affected by an order, direction or decision of the Council may, within 60 days from the day that the person, board or commission is served with it, apply to the Council to have the Council review its order, direction or decision.

(2) A review under this section shall be commenced by serving an application for the review on the Council.

(3) Notwithstanding subsection (1), if a board or commission is applying to the Council for a review of a request made under section 30, the application for the review shall be served on the Council within 15 days from the day that the board or commission was served with the request.

(4) An application for a review referred to in subsection (3) suspends the period of time referred to in section 30(2) from running until the Council gives its decision in respect of the matter being reviewed.

1987 cM‑5.1 s37

Appeal

38(1) A decision made by a board or commission pursuant to a review under section 36 may be appealed to an appeal tribunal within 60 days from the day that the party requesting the review is served with the decision made pursuant to the review.

(2) An appeal under this section shall be commenced by serving a written notice of appeal on the Council.

(3) On receiving the notice of appeal, the Council shall forthwith send a copy of the notice of appeal

(a) to the Minister, and

(b) to the board or commission that conducted the review.

1987 cM‑5.1 s38

Appointment of appeal tribunal

39(1) For the purpose of hearing an appeal under this Part, the Minister shall appoint not more than 5 and not fewer than 3 persons as an appeal tribunal and designate one of them as the chair of the appeal tribunal.

(2) A person who is a member of the Council is not eligible to be a member of an appeal tribunal.

(3) The Minister may prescribe

(a) the remuneration and expenses payable to the chair and the other members of an appeal tribunal, and

(b) if an appeal tribunal is appointed to hear more than one specific appeal, the term of office of the members of the appeal tribunal, which shall not exceed 2 years.

(4) A term of office of a member of an appeal tribunal may be renewed.

(5) Notwithstanding subsection (4), a person shall not serve as a member of an appeal tribunal for more than 6 consecutive years.

(6) In accordance with the Public Service Act, there may be appointed employees to provide administrative services in respect of appeals heard under this Part.

1987 cM‑5.1 s39

Rules governing reviews and appeals

40 For the purpose of an appeal or a review under this Part, the following rules apply:

(a) an application for a review or a notice of appeal, as the case may be, shall set out

(i) the matter being reviewed or appealed, and

(ii) the name and address of the party applying to have a review or an appeal;

(b) in the case of a review, written notice of the time and place of the review shall be sent by the Council or the board or commission conducting the review to the party applying for the review;

(c) in the case of an appeal, written notice of the time and place of the appeal shall be sent by or on behalf of the appeal tribunal

(i) to the parties to the appeal, and

(ii) to the board or commission that conducted the review;

(d) a review shall be heard and a decision made within 60 days from the day that the Council or the board or commission, as the case may be, received the application for the review;

(e) an appeal shall be heard and a decision made within 90 days from the day that the Council received the notice of appeal;

(f) the granting and duration of an adjournment is in the sole discretion of the Council or the board, commission or appeal tribunal conducting the review or appeal, as the case may be;

(g) the time limit prescribed in clause (d) or (e) does not run during a period of adjournment;

(h) in the case of an appeal, the chair and members of an appeal tribunal have the same power as is vested in the Court for the trial of civil actions

(i) to summon and enforce the attendance of witnesses, other than members of the Council or employees under the Council’s administration,

(ii) to compel witnesses, other than members of the Council or employees under the Council’s administration, to give evidence on oath or otherwise, and

(iii) to compel witnesses, other than members of the Council or employees under the Council’s administration, to produce any record or thing that relates to the matter being appealed;

(i) the person on whose behalf a review or an appeal is commenced has a right to attend all hearings held in respect of the review or appeal;

(j) in the case of a review, the Council or the board or commission conducting the review shall receive the evidence that it considers relevant to the matter being reviewed;

(k) in the case of an appeal, the appeal tribunal may, in addition to receiving the evidence presented at the review, receive new evidence that was not presented at the review that it considers relevant to the matter being appealed;

(l) a person appearing at a review or appeal, as the case may be, may be represented by legal counsel;

(m) the parties to a review or an appeal shall be given adequate opportunity to make representations, present evidence and cross‑examine witnesses, if any;

(n) an appeal tribunal may take evidence under oath;

(o) any member of an appeal tribunal may administer oaths for the purpose of taking evidence;

(p) the rules of evidence applicable to judicial proceedings do not apply;

(q) in the case of an appeal, all oral evidence received shall be taken down in writing or recorded by electronic means;

(r) in the case of an appeal, all the evidence taken down in writing or recorded by electronic means and all documentary evidence and things received in evidence at an appeal form the record of the proceeding;

(s) if a person on whose behalf a review or appeal is commenced fails to appear for the review or appeal within one hour from the time set out in the notice given under clause (b) or (c) for the review or appeal, the review or appeal, as the case may be, may be dismissed, or conducted and determined in that person’s absence;

(t) in making a decision, an appeal tribunal may

(i) confirm or rescind the order, direction or decision of the board or commission, or

(ii) rescind the order, direction or decision of the board or commission and refer the matter back to the board or commission that conducted the review for a re‑hearing with those recommendations, if any, that the appeal tribunal considers appropriate;

(u) notice of the decision made pursuant to a review and any written reasons respecting the decision shall be sent promptly to the parties to the review;

(v) notice of the decision made pursuant to an appeal and any written reasons respecting the decision shall be sent promptly to

(i) the parties to the appeal,

(ii) the Council, and

(iii) the board or commission that conducted the review;

(w) in the case of an appeal tribunal, a decision of the majority of the members of the appeal tribunal is the decision of the appeal tribunal and if there is not a majority, the decision of the chair of the appeal tribunal is the decision of the appeal tribunal;

(x) the Council may publish in any manner it considers appropriate any decision of an appeal tribunal;

(y) notwithstanding clauses (b), (i) and (m), with the consent of the person on whose behalf a review is commenced,

(i) a review may be conducted without a hearing being held, and

(ii) all matters concerning the matter being reviewed may be submitted in writing or otherwise to the board, commission or Council, as the case may be;

(z) notwithstanding clause (d), if a review is conducted under clause (y), the decision of the board, commission or Council, as the case may be, shall be made within 30 days from the day that the person on whose behalf the review is commenced consented to the review being conducted under clause (y);

(aa) where a decision of a board or commission is being appealed or an order, direction or decision of the Council is being reviewed, the board or commission has the same rights under this section as a person;

(bb) the provisions of the Alberta Rules of Court relating to the payment of conduct money or witness fees apply to matters heard under this Act.

1987 cM‑5.1 s40

Confidential evidence

41(1) Notwithstanding section 40, if a person, board or commission is of the opinion that certain evidence to be received by the appeal tribunal should not be disclosed to the other parties to the appeal because

(a) the evidence is of a confidential nature,

(b) the information would provide an unfair advantage to other persons, or

that person, board or commission may, on prior notice to the other parties to the appeal, apply to the appeal tribunal to have the evidence received confidentially and without being disclosed to the other parties.

(2) On considering an application under subsection (1), the appeal tribunal may

(a) receive the evidence confidentially and without disclosing it to other parties to the appeal,

(b) receive the evidence confidentially or in a restricted manner subject to the conditions that it considers appropriate, or

1987 cM‑5.1 s41

Determination by Court

42(1) If a party to an appeal before an appeal tribunal considers a decision of the appeal tribunal under section 41 to be unfair or prejudicial to the party’s interests, the party may apply by originating notice to the Court for a determination of the matter.

(2) In hearing an application under this section, the Court shall receive the evidence that is the subject of the application in private and in the absence of the parties not presenting that evidence.

(3) In determining an application under this section, the Court may

(a) confirm, vary or rescind the decision made under section 41(2) by the appeal tribunal, or

(b) in substitution for the decision of the appeal tribunal, make any decision that the appeal tribunal could have made under section 41(2).

1987 cM‑5.1 s42

Questions of law

43 At any stage of any proceedings before an appeal tribunal it may, and if so directed by the Court it shall, state in the form of a special case for the opinion of the Court any question of law arising in the course of the proceedings.

1987 cM‑5.1 s43

Part 6
Enforcement

Inspection

44(1) For the purpose of ensuring that this Act, a plan or the regulations are being complied with, a member of the Council or of a board or a commission, or a person authorized by any one or more of them, may during ordinary business hours enter the business premises of any person engaged in the production, marketing or processing of a regulated product or an agricultural product, and do one or more of the following:

(a) inspect

(i) those premises, and

(ii) any record, object or thing that relates to the production, marketing or processing of that regulated product or agricultural product;

(b) make copies or take photographs of any record, object or thing referred to in clause (a)(ii);

(b.1) remove the record, object or thing referred to in clause (a)(ii) for the sole purpose of making copies of it or taking extracts from it;

(b.2) take any quantities of any lot of an agricultural product that may be reasonably required for the purpose of testing and analysis;

(b.3) determine and audit the source and ultimate use of agricultural products used in the processing or production of additional agricultural products;

(c) make inquiries of any person with respect to the production, marketing or processing of that regulated product or agricultural product;

(d) receive information under oath or by affidavit with respect to the production, marketing or processing of that regulated product or agricultural product;

(e) administer oaths for the purposes of clause (d).

(2) The Council or the board or commission, as the case may be, shall furnish to a person acting under this section a certificate of that person’s designation or appointment, signed by the chair of the designating or appointing entity, and the person shall, on request, show the certificate to any person having a proprietary interest in or the custody of any premises to be entered or documents to be inspected.

(3) No person shall obstruct or hinder a person in the exercise of any power conferred by this section, and every person shall, when required to do so by the Council or a board or commission, or anyone designated or appointed to act for it, produce any documents required for inspection.

(4) Notwithstanding anything in subsection (1), no person is required to produce for inspection to a board or commission, or a person acting on its behalf, a record relating to an agricultural product if the record relates to a period of time subsequent to the time at which the agricultural product was owned, controlled or regulated by a producer or a board or commission, unless

(a) payment is still owing to a producer, processor or board for the regulated product or agricultural product for the transaction in question, or

(b) verification of the ultimate use of the regulated product or agricultural product is required to determine money owing to a producer, processor or board in respect of the regulated product or agricultural product.

RSA 2000 cM‑4 s44;2002 c11 s3

Court order

45(1) If the Council is of the opinion that a board or commission or a person is not complying with

(a) this Act,

(b) a plan,

(d) an order or direction made by the Council under this Act or the regulations,

the Council may apply to the Court for an order directing that board, commission or person to comply with this Act or the plan, regulation, order or direction.

(2) If in the opinion of a board or commission a person is not complying with

(a) a plan administered by the board or commission,

(b) a regulation made by the board or commission,

(d) this Act,

the board or commission may apply to the Court for an order directing that person to comply with the plan, regulation, order or direction or this Act, as the case may be.

(3) An application under this section shall be by way of an originating notice.

(4) On an originating notice being filed with the clerk of the Court, the Court may, if it considers it necessary in the circumstances, hear an interim application on 2 days’ notice and make an interim order granting any relief that the Court considers appropriate pending the determination of the application.

(5) An interim order under subsection (4) may be made ex parte if the Court considers it appropriate to do so in the circumstances.

(6) On hearing an application, the Court may do one or more of the following:

(a) direct a board, commission or person, as the case may be, to comply with this Act or the plan, regulation, order or direction;

(b) direct a board, commission or person, as the case may be, to cease carrying out any action that in the opinion of the Court does not comply with this Act or the plan, regulation, order or direction;

(c) give those directions that it considers necessary in order to ensure that this Act or the plan, regulation, order or direction will be complied with;

(d) make its order subject to any terms or conditions that the Court considers appropriate in the circumstances;

(e) award costs in respect of the matter.

(7) An application under subsection (2) shall not be brought against the Council, its members or the employees under its administration.

1987 cM‑5.1 s45

Seizure of agricultural product

46(1) If a board is of the opinion that a person is producing or marketing an agricultural product, or both, in contravention of a regulation made by the board, the board may apply to the Court for an order directing a civil enforcement agency to seize, detain or dispose of the agricultural product in accordance with the order.

(2) An application under this section shall be by way of an originating notice.

(3) On an originating notice being filed with the clerk of the Court, the Court may, if it considers it necessary in the circumstances, hear an interim application on 2 days’ notice and make an interim order granting any relief that the Court considers appropriate pending the determination of the application.

(4) An interim order under subsection (3) may be made ex parte if the Court considers it appropriate to do so in the circumstances.

(5) On hearing an application, the Court may do one or more of the following:

(a) direct a civil enforcement agency to seize and detain the regulated product;

(b) direct a civil enforcement agency to dispose of the regulated product;

(d) make its order subject to any terms or conditions that the Court considers appropriate in the circumstances;

(e) award costs in respect of the matter.

1987 cM‑5.1 s46;1994 cC‑10.5 s165

Part 7
General

Liability

47 A member of the Council or of a board or a commission or an employee of a board or a commission or of the Government is not personally liable for anything done by the member or employee in good faith in carrying out the member’s or employee’s duties under this Act or a plan or any regulation, order or direction made under this Act.

1987 cM‑5.1 s47

Witness exemption

47.1(1) No member or employee of the Council or of a board or a commission shall, in any civil suit to which the member’s or employee’s Council, board or commission is not a party, be required to give testimony with regard to information obtained by the member or employee in the discharge of the member’s or employee’s official duties under this Act.

(2) Despite subsection (1), a court may issue an order requiring the member or employee to give testimony with regard to information if in the opinion of the court that information may relate to proceedings before the court.

2002 c11 s3

Conflicts

48 In the case of a conflict between

(a) regulations made or a plan established by the Lieutenant Governor in Council or regulations made by the Council, and

(b) regulations made by a board or commission,

the regulations referred to in clause (a) prevail.

1987 cM‑5.1 s48

Producers and processors

49(1) Any person who is a producer and a processor is, in his or her respective capacities as producer and processor, entitled to all the rights and privileges, and subject to all the duties and obligations, of a producer and of a processor.

(2) A person who is a producer and a processor is deemed

(a) to have received in his or her capacity as a processor from himself or herself in his or her capacity as a producer any regulated product or agricultural product produced by him or her that he or she processes, and

(b) to have contracted, in his or her capacity as a processor, with himself or herself in his or her capacity as a producer, for the marketing of the regulated product or agricultural product on the condition that the regulations, orders, directions and agreements under this Act apply.

RSA 2000 cM‑4 s49;2002 c11 s3

Delegation

50 With the approval of the Lieutenant Governor in Council,

(a) the Council may authorize a board or commission, with respect to the production or marketing, or both, of a regulated product, to perform any function or duty and exercise any power imposed or conferred on it by a Canada Board or by or under a Canada Act;

(b) the Council may, with respect to the production or marketing, or both, of a regulated product, delegate to the Canada Board any function or duty that the Council may authorize a board or a commission to do under this Act;

(c) the Council may, with respect to any function or duty it has authorized a board or commission to carry out under this Act or the regulations, authorize or direct that board or commission to delegate that function or duty to a Canada Board.

RSA 2000 cM‑4 s50;2002 c11 s3

Agreements

51(1) The Minister, with the approval of the Lieutenant Governor in Council, may enter into agreements with another government, a Canada Board or a corporation with respect to the production or marketing, or both, of an agricultural product.

(2) The Council may, with the approval of the Minister, become a party to agreements under subsection (1).

(3) Without limiting the powers of a board or commission under section 16(a)(ii) of the Interpretation Act to contract or be contracted with, if a board or commission becomes a party to an agreement referred to in subsection (1),

(a) the board or commission may exercise and perform the powers and duties conferred or imposed on it by the regulations under this Act,

(b) the board or commission may exercise and perform the powers and duties conferred or imposed on it by the agreement, and

(c) the Lieutenant Governor in Council may, by regulation, confer on the board or commission any additional powers that are necessary for the board or commission to carry out its obligations and functions under the agreement.

RSA 2000 cM‑4 s51;2002 c11 s3

Service of documents

52(1) Any document that is to be served under this Act may be served

(a) by personal service, or

(b) by certified or registered mail.

(2) For the purposes of this Act, a document that is served under this Act is deemed to have been served

(a) in a case where the document is personally served, at the time of service, and

(b) in a case where it is served by certified or registered mail, 10 days from the day that the document is mailed.

(3) Subject to service under section 45, for the purposes of this Act, a document that is served under this Act is deemed to have been served on a person if

(a) the document or a copy of it is delivered personally to an officer or an adult employee of a corporation or to a partner or an adult employee of a partnership, or

(b) the document or a copy of it is mailed by ordinary mail to the head office or chief place of business in Alberta of a corporation or partnership of which the person to be served is a member or employee.

RSA 2000 cM‑4 s52;2002 c11 s3

Copies of documents

53 A copy of any rule, order, resolution, determination, minute or direction of the Council or a board or commission certified by a member or officer of the Council or the board or commission as a true copy shall, without proof of the signature of the person signing the certificate, be accepted in evidence in place of the original.

1987 cM‑5.1 s53

Transitional

54(1) If before the coming into force of this Act there is a plebiscite under section 16 in favour of the establishment of a plan respecting milk and dairy products, before the coming into force of this Act

(a) the Council may, with respect to Alberta Milk, make appointments under section 19, and

(b) the Lieutenant Governor in Council may, with respect to milk and dairy products and a plan related to Alberta Milk, grant approvals under section 50 with respect to authorizations of the Council granted to Alberta Milk, and

(i) make regulations under sections 12 and 17,

(ii) despite Alberta Milk not being established, make regulations that a board or commission authorized by the Council could make under sections 26 and 27,

(iii) despite Alberta Milk not being established, make regulations that the Council with the approval of the Minister could make under section 33,

(iv) make regulations under section 28 that the Council with the approval of the Minister could make prescribing conditions and restrictions and limiting authority,

and despite section 29 and without the approval of the Council or the Minister, the regulations may be submitted for filing in accordance with the Regulations Act, and the regulations may be made to come into force on the coming into force of the Dairy Industry Omnibus Act, 2002.

(2) In this section, “Alberta Milk” means Alberta Milk, a board respecting milk and dairy products to be established under this Act on the coming into force of the Dairy Industry Omnibus Act, 2002.

2002 c11 s3

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