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THE ALBERTA GAZETTE, PART II, JANUARY 15, 1997

     Alberta Regulation 309/96

     Marketing of Agricultural Products Act

     ALBERTA CHICKEN PRODUCERS AUTHORIZATION
     AMENDMENT REGULATION

     Filed:  December 13, 1996

Made by the Alberta Agricultural Products Marketing Council pursuant to
sections 26 and 27 of the Marketing og Agricultural Products Act.


1   The Alberta Chicken Producers Authorization Regulation (Alta. Reg.
80/93) is amended by this Regulation.


2   The following is added after section 3:

Expiry
     3.1   For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
re-passed in its present or an amended form following a review, this
Regulation expires on December 31, 2001.


     ------------------------------

     Alberta Regulation 310/96

     Marketing of Agricultural Products Act

     ALBERTA FRESH VEGETABLE PRODUCERS
     AUTHORIZATION REGULATION

     Filed:  December 13, 1996

Made by the Alberta Agricultural Products Marketing Council pursuant to
sections 26 and 27 of the Marketing of Agricultural Products Act.


     Table of Contents

Definitions    1
Regulations made under section 26 of the Act 2
Regulations made under section 27(1) of the Act   3
Repeal    4
Expiry    5


Definitions
1(1)  In this Regulation,

     (a)  "Act" means the Marketing of Agricultural Products Act;

     (b)  "Board" means the Alberta Fresh Vegetable Producers referred to
in section 9 of the Plan;

     (c)  "Plan" means the Alberta Fresh Vegetable Producers' Plan
Regulation;

     (d)  "producer" means a producer as defined in the Plan;

     (e)  "regulated product" means the regulated product as defined in
the Plan.

(2)  Words used in this Regulation that are defined in the Plan have the
same meaning as defined in the Plan.


Regulations made under section 26 of the Act
2   For the purposes of enabling the Board to operate the Plan, the Board
is hereby authorized under section 26 of the Act to make regulations

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

     (b)  requiring any person who produces or markets the regulated
product to furnish to the Board any information or record relating to the
production or marketing of the regulated product that the Board considers
necessary;

     (c)  requiring persons to be licensed under the Plan before they
become engaged in the production or marketing or the  production and
marketing of the regulated product;

     (d)  prohibiting persons from engaging in the production or
marketing of the regulated product except under the authority of a licence;

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

     (f)  providing for

               (i)  the assessment, charging and collection of service
charges and licence fees 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 and licence fees;

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

               (i)  to deduct from the money payable to the producer
any service charges and licence fees payable by the producer to the Board,
and

               (ii) to forward the amount deducted to the Board;

     (h)  providing for the use of any class of service charges, licence
fees or other money payable to or received by the Board for the purposes of
paying its expenses and administering this Plan and the regulations made by
the Board;

     (i)  requiring persons who produce or market the 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;

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


Regulations made under section 27(1) of the Act
3   For the purposes of enabling the Board to operate the Plan, the Board
is hereby authorized under section 27(1) of the Act to make regulations

     (a)  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;

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

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

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

     (e)  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;

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


Repeal
4   The Alberta Fresh Vegetable Marketing Board Authorization Regulation
(Alta. Reg. 22/91) is repealed.


Expiry
5   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on December 31, 1997.


     ------------------------------

     Alberta Regulation 311/96

     Marketing of Agricultural Products Act

     ALBERTA SHEEP AND WOOL COMMISSION
     AUTHORIZATION REGULATION

     Filed:  December 13, 1996

Made by the Alberta Agricultural Products Marketing Council pursuant to
sections 26 and 27 of the Marketing of Agricultural Products Act.


Definitions
1(1)   In this Regulation,

     (a)  "Act" means the Marketing of Agricultural Products Act;

     (b)  "Commission" means the Alberta Sheep and Wool Commission;

     (c)  "Plan" means the Alberta Sheep and Wool Commission Plan
Regulation;

     (d)  "producer" means a producer as defined in the Plan;

     (e)  "regulated product" means regulated product as defined in the
Plan.

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


Regulations made under section 26 of the Act
2   For the purposes of enabling the Commission to operate the Plan, the
Commission is hereby authorized under section 26 of the Act to make
regulations

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

     (b)  requiring persons, other than an eligible producer, to be
licensed under the Plan before they become engaged in the marketing or
processing of the regulated product;

     (c)  prohibiting persons, other than an eligible producer, from
engaging in the marketing and processing, as the case may be, of the
regulated product except under the authority of a licence issued under the
Plan;

     (d)  governing the issuance, suspension or cancellation of a licence
issued under the Plan;

     (e)  providing for

               (i)  the assessment, charging and collection of service
charges from producers from time to time as required for the purpose of the
Plan, and

               (ii) the taking of legal action to enforce payment of
the service charges and licence fees, as the case may be;

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

               (i)  to deduct from the money payable to the producer
any service charges payable by the producer to the Commission, and

               (ii) to forward the amount deducted to the Commission;

     (g)  providing for the use of any class of service charges, licence
fees or other money payable to or received by the Commission for the
purpose of paying its expenses and administering the Plan and the
regulations made by the Commission;

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


Repeal
3   The Alberta Sheep and Wool Commission Plan, 1972 Implementation
Regulations (Alta. Reg. 160/76) are repealed.


Expiry
4   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on December 31, 2001.



     Alberta Regulation 312/96

     Municipal Government Act

     EDUCATION REQUISITION CALCULATION FORM REGULATION

     Filed:  December 16, 1996

Made by the Minister of Municipal Affairs (M.O. L:351/96)  pursuant to
section 604(d) of the Municipal Government Act.


Definition
1   In this Regulation, "Act" means the Municipal Government Act.


Education requisition calculation form
2   The form set out in the Schedule is the form to be used by a
municipality to calculate the tax rates required to raise the revenue
needed to pay the requisitions referred to in section 326(a)(ii) and (iii)
of the Act in that municipality.


Coming into force
3   This Regulation comes into force on January 1, 1997 and expires on
December 31, 1997.


          

     SCHEDULE
     EDUCATION REQUISITION CALCULATION FORM
     MUNICIPALITY NAME:                                 

The following tables are to be used to calculate live property tax rates to
be applied on municipal tax notices and must be submitted to Municipal
Affairs by Oct. 31, 1997.

     Calculation of the Alberta School Foundation Fund (ASFF) Tax Rates
(Expressed in Mills)


Assessment Class
1997 ASFF Requisition (1)
Plus 1996 Underlevies and Minus 1996 Overlevies1 (2)
Total 1997 Levy [(1) + (2) = (3)]
Live Assessment2
(4)
Property Tax Rate [((3)/(4)) x 1000]


Residential and Farmland







Non-Residential







Linear







Machinery and Equipment







Total







1Municipal Government Act - section 359(3) -  "If in any year the property
tax imposed to pay the requisitions results in too much or too little
revenue being raised for that purpose, the council must accordingly reduce
or increase the amount of revenue to be raised for that purpose in the next
year."
2Live Assessment is the total taxable assessment on the municipality's
assessment roll which is subject to the ASFF levy.  It includes
grant-in-lieu properties and special franchise properties.  This live
assessment should exclude the declared assessment of any opted out school
boards.




          

     Calculation of the Opted Out School Jurisdiction Tax Rates (Expressed
in Mills)


Assessment Class
1997
Requisition
(1)
Plus 1996 Underlevies and Minus 1996 Overlevies1 (2)
Total 1997 Levy [(1) + (2) = (3)]
Live Assessment (Declared live assessment of any opted out school boards)
(4)
Property Tax Rate [((3)/(4)) x 1000]


Residential and Farmland







Non-Residential







Machinery and Equipment







Total







1Municipal Government Act - section 359(3) -  "If in any year the property
tax imposed to pay the requisitions results in too much or too little
revenue being raised for that purpose, the council must accordingly reduce
or increase the amount of revenue to be raised for that purpose in the next
year."








     Alberta Regulation 313/96

     Municipal Government Act

     STANDARDS OF ASSESSMENT AMENDMENT REGULATION

     Filed:  December 17, 1996

Made by the Minister of Municipal Affairs (M.O. L:355/96)  pursuant to
section 322 of the Municipal Government Act


1   The Standards of Assessment Regulation (Alta. Reg. 365/94) is amended
by this Regulation.


2   Section 5 is amended by re-numbering it as section 5(1) and adding the
following after subsection (1):

     (2)  Each rail company must report the type and length of line in
each municipality annually to the designated assessor.


3   Section 6 is amended by repealing subsection (1) and substituting the
following:

Valuation standard for linear property
     6(1)  The valuation standard for linear property is that calculated
in accordance with the procedures referred to in subsection (2).


4   Schedule 1 is repealed and the following is substituted:


     SCHEDULE 1

     VALUATION STANDARD FOR RAILWAY

1   The valuation standard for railway is $391 000 per kilometre, as
adjusted by

     (a)  firstly, multiplying the valuation standard by the applicable
assessment year modifier, and

     (b)  secondly, multiplying the product of the valuation standard and
the applicable assessment year modifier by the applicable factor for the
applicable annual traffic:
     ASSESSMENT YEAR     MODIFIER

          1995      1.00
          1996      1.00
          1997      1.00
          1998      1.00

     AVERAGE ANNUAL TRAFFIC   FACTOR

Type 1    More than 25 million tonnes        0.400
Type 2    More than 15 million tonnes to a maximum of  0.300
     25 million tonnes
Type 3    More than 7 million tonnes to a maximum of   0.150
     15 million tonnes
Type 4    More than 3 million tonnes to a maximum of   0.040
     7 million tonnes
Type 5    More than 1 million tonnes to a maximum of   0.030
     3 million tonnes
Type 6    Up to 1 million tonnes        0.025
Type 7    Abandoned rail line or zero tonnes      0.010
Type 8    Spur line on station ground, private land or      0.020*
     marshalling or maintaining yards        

*Indicates rail value only.  Land is valued separately.


5   Schedule 2 is amended

     (a)  in section 1 by renumbering clause (a) as clause (a.1) and by
adding the following before clause (a.1):

               (a)  "assessment level" for a specified group of
properties means the overall ratio of assessments to indicators of market
value;

     (b)  section 2 is amended in the table in the

               (i)  item for "Cities" by striking out "0-15.0" and
substituting "0-20.0";

               (ii) item for "Other municipalities" by striking out
"0-15.0" and substituting "0-20.0";

     (c)  by adding the following after section 2:

          3   The median assessment ratio of any group must be within 5%
of the assessment level.


     Alberta Regulation 314/96

     Municipal Government Act

     NON-PROFIT ORGANIZATION TAX EXEMPTION
     AMENDMENT REGULATION

     Filed:  December 17, 1996

Made by the Minister of Municipal Affairs (M.O. L:354/96) pursuant to
section 370(d) of the Municipal Government Act.


1   The Non-profit Organization Tax Exemption Regulation (Alta. Reg.
125/95) is amended by this Regulation.


2   The following is added after section 7:

Class C liquor licences
     8   For the purposes of section 365(2) of the Act, property in
respect of which a Class C liquor licence is issued under the Gaming and
Liquor Regulation (Alta. Reg. 143/96) is exempt from taxation if

               (a)  the property is listed in section 362(n)(ii) of the
Act and meets the requirements of section 5 of this Regulation, or

               (b)  the property is listed in section 362(n)(iii) of
the Act and meets the requirements of section 6 of this Regulation.


     ------------------------------

     Alberta Regulation 315/96

     Municipal Government Act

     TRANSITIONAL AMENDMENT REGULATION

     Filed:  December 17, 1996

Made by the Minister of Municipal Affairs (M.O. L:356/96) pursuant to
section 710 of the Municipal Government Act.


1   The Transitional Regulation (Alta. Reg. 372/94) is amended by this
Regulation.


2   Section 2 is amended by adding the following after subsection (2):

     (3)  Despite subsection (1),

               (a)  the City of Edmonton must prepare assessments for
property in that municipality in accordance with the new Act, and

               (b)  the County of Ponoka must prepare assessments for
property in that municipality in accordance with the new Act,

          not later than 1997, for taxation in the following year.


     ------------------------------

     Alberta Regulation 316/96

     Marketing of Agricultural Products Act

     EGG PRODUCTION AND MARKETING AMENDMENT REGULATION

     Filed:  December 18, 1996

Made by the Alberta Egg Producers Board pursuant to section 27 of the
Marketing of Agricultural Products Act.


1   The Egg Production and Marketing Regulation (Alta. Reg. 28/93) is
amended by this Regulation.


2   Section 33(1) is amended by striking out "19 cents" and substituting
"18 cents".


3   This Regulation comes into force on December 29, 1996.


     ------------------------------

     Alberta Regulation 316/96

     Marketing of Agricultural Products Act

     EGG PRODUCTION AND MARKETING AMENDMENT REGULATION

     Filed:  December 18, 1996

Made by the Alberta Egg Producers Board pursuant to section 27 of the
Marketing of Agricultural Products Act.


1   The Egg Production and Marketing Regulation (Alta. Reg. 28/93) is
amended by this Regulation.


2   Section 33(1) is amended by striking out "19 cents" and substituting
"18 cents".


3   This Regulation comes into force on December 29, 1996.


     ------------------------------

     Alberta Regulation 317/96

     Mines and Minerals

     PRESCRIBED AMOUNTS (NATURAL GAS ROYALTY)
     AMENDMENT REGULATION

     Filed:  December 19, 1996

Made by the Branch Head, Gas Royalty and Mineral Tax (M.O. 37/96) pursuant
to section 6 of the Natural Gas Royalty Regulation, 1994 (Alta. Reg.
351/93).


1   The Prescribed Amounts (Natural Gas Royalty) Regulation (Alta. Reg.
36/95) is amended by this Regulation.


2   Section 4 is amended by adding the following after subsection (22):

     (23)  The following prices are prescribed for the October 1996
production month:

             Item        Price

     Gas Reference Price $1.28 per gigajoule
     Gas Par Price  $1.20 per gigajoule
     Pentanes Reference Price $210.59 per cubic metre
     Pentanes Par Price  $197.86 per cubic metre
     Propane Reference Price  $154.27 per cubic metre
     Butanes Reference Price  $135.79 per cubic metre


3   Section 5 is amended by adding the following after subsection (22):

     (23)   The following allowances per cubic metre are prescribed for
the October 1996 production month:

             Item   Price

     Fractionation Allowance  $7.00

     Transportation Allowance Region Region Region Region
               1    2    3    4

     (a)  pentanes plus described in s6(7)(b)(i) of the Natural Gas
Royalty Regulation, 1994 (Alta. Reg. 351/93)




     $4.30     $5.60     $8.89     $6.84


     (b)  propane and butanes described in s6(7)(b)(ii) of the Natural
Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)







     $6.51     $5.15     $5.12     $3.69

     (c)  pentanes plus, propane and butanes described in s6(7)(b)(iii)
of the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)






     $6.88     $8.10     $13.60    $13.64

     Storage Allowance for pentanes plus, propane and butanes



     $ 0.00



     ------------------------------

     Alberta Regulation 318/96

     Municipal Government Act

     ASSESSMENT EQUALIZATION AMENDMENT REGULATION

     Filed:  December 20, 1996

Made by the Minister of Municipal Affairs (M.O. L:358/96) pursuant to
section 322 of the Municipal Government Act.


1   The Assessment Equalization Regulation (Alta. Reg. 366/94) is amended
by this Regulation.


2   Section 1 is amended by adding the following after clause (b):

     (c)  "assessment ratio" has the meaning given to it in Schedule 2 of
the Standards of Assessment Regulation (Alta. 365/94);

     (d)  "overall ratio" means the weighted ratio for a group of
properties, calculated using the median assessment ratios for subgroups of
properties within that group.


3   Section 2 is repealed and the following is substituted:

Preparation of an equalized assessment
     2(1)  In preparing the equalized assessment for a municipality, the
assessments reported in accordance with section 319 of the Act must be
adjusted, using relevant information that the Minister deems appropriate,

               (a)  to reflect the total assessments for property in
the municipality

                         (i)  adjusted to a common year, and

                         (ii) adjusted to reflect an assessment level
of 1.00, 

               and

               (b)  to compensate for differences between the Standards
of Assessment Regulation (Alta. Reg. 365/94) and the applicable assessment
legislation and regulations that were in force when assessments were last
prepared for all property in the municipality.

     (2)  The assessments referred to in subsection (1) must also be
adjusted by applying factors that the Minister deems appropriate for
parcels of land that were assessed in accordance with section 2(1)(b) of
the Standards of Assessment Regulation (Alta. Reg. 365/94) and for
improvements that were assessed in accordance with section 3(1)(a) of that
Regulation.


Change exceeding 10%
     2.1(1)   If the equalized assessment for a municipality changes by
more than 10% from one year to the next, the Minister may phase in the new
equalized assessment over a period not exceeding 3 years.

     (2)  Subsection (1) applies only when the equalized assessment for a
municipality is being prepared for 1997 or a subsequent year.


     ------------------------------
     Alberta Regulation 319/96

     Marketing of Agricultural Products Act 

     ALBERTA SHEEP AND WOOL COMMISSION REGULATION

     Filed:  December 20, 1996

Made by the Alberta Sheep and Wool Commission pursuant to section 26 of the
Marketing of Agricultural Products Act.


     Table of Contents

Definitions    1
Service charge 2
Collection of service charge by dealer  3
Payment of service charge to Commission 4
Exemptions from paying service charge   5
Interest  6
Use of funds   7
Information    8
Legal action   9
Transitional   10
Repeal    11
Expiry    12


Definitions
1(1)  In this Regulation,

     (a)  "Act" means the Marketing of Agricultural Products Act;

     (b)  "Commission" means the Alberta Sheep and Wool Commission;

     (c)  "Council" means the Alberta Agricultural Products Marketing
Council;

     (d)  "Plan" means the Alberta Sheep and Wool Commission Plan
Regulation;

     (e)  "service charge" means a service charge payable under section
2.

(2)  Words used in this Regulation have the same meaning as they do in the
Plan.


Service charge
2(1)   In respect of every sale made by a producer of a sheep, a whole
sheep carcass or any part of a sheep carcass, there is payable to the
Commission by that producer a service charge in the amount of

     (a)  $1.00 per sheep,

     (b)  $1.00 per whole sheep carcass, or

     (c)  2 cents per pound or 4.4 cents per kilogram of any part of a
sheep carcass.

(2)   In respect of every sale of wool made by a producer, there is payable
to the Commission by that producer a service charge in the amount of 1 cent
per pound of wool or 2.2 cents per kilogram of wool.


Collection of service charge by dealer
3(1)  Where a producer sells the regulated product through a dealer, the
service charge payable in respect of that regulated product must be
deducted from the money payable by the dealer to the producer.

(2)  If a dealer fails to deduct a service charge as required under
subsection (1), the producer and the dealer are jointly and severally
liable to the Commission for the amount of the service charge not deducted.

(3)  Notwithstanding subsection (2), the producer is not liable for the
payment of the service charge if the producer proves, to the satisfaction
of the Commission, that the service charge was deducted by the dealer.


Payment of service charge to Commission
4(1)  When a service charge becomes payable or is deducted from the money
payable to the producer, the person who is responsible for the payment or
the deduction of the service charge must, on or before the 25th day of the
month next following the month in which the service charge was or should
have been paid or deducted,

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

     (b)  complete and deliver to the Commission any form that is
required by the Commission with respect to the marketing of the regulated
product.

(2)  Notwithstanding subsection (1), if the total amount of the service
charges payable by a producer in a calendar year is less than $50.00, that
amount may be remitted to the Commission on or before December 31 of that
calendar year.


Exemptions from paying service charge
5(1)  The Commission may exempt sales of the regulated product from being
subject to a service charge payable under this Regulation, but the
exemption is not effective until it has been approved by a majority vote of
eligible producers at the annual Commission meeting.

(2)  Notwithstanding anything in this Regulation, a processor is exempt
from paying the service charge to the Commission for any sheep carcass or
any part of a sheep carcass sold by the processor on behalf of a producer
for which a service charge was already deducted and paid to the Commission.


Interest
6   Interest at the rate of 1.5% per month is payable to the Commission on
any late payment to the Commission of a service charge and any interest
owing in respect of that service charge.


Use of funds
7(1)  In this section, "funds" includes the following:

     (a)  service charges;

     (b)  interest payable under this Regulation;

     (c)  any other money received or earned by the Commission;

     (d)  any interest that accrues from maintaining the money referred
to in clauses (a), (b) and (c).

(2)  Any funds received by the Commission may be used by the Commission for
the purpose of paying its expenses and administering and enforcing the Act,
the Plan, this Regulation and any other regulations made under the Act in
so far as those enactments relate to the Plan and the operations of the
Commission.

(3)  The Commission may establish one or more accounts for the payment of
any funds that may be required for the purposes referred to in subsection
(2).


Information
8(1)  The Commission or any authorized representative of the Commission may
request a person engaged in the marketing or processing of the regulated
product to furnish to the Commission any information relating to the
marketing or processing of the regulated product that the Commission
considers necessary for the purposes of administering and enforcing

     (a)  the Plan,

     (b)  this Regulation, and

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

(2)  Where a person receives a request for information under subsection
(1), that person must deliver the information to the Commission on or
before the 25th day of the month next following the month in which the
request for the information is made.


Legal action
9   The Commission may recover by legal action

     (a)  the amount of any service charge that is not deducted and paid
as required by this Regulation,

     (b)  any interest payable under this Regulation, and

     (c)  any legal costs on a solicitor-client basis incurred in the
recovery of any amount referred to in clauses (a) and (b).


Transitional
10   All rights and obligations under the Regulations Relating to the
Marketing of Sheep or Wool (Alta. Reg. 238/72) become rights and
obligations under this Regulation.


Repeal
11   The Regulations Relating to the Marketing of Sheep or Wool (Alta. Reg.
238/72) are repealed.


Expiry
12   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on December 31, 2001.


     ------------------------------

     Alberta Regulation 320/96

     Marketing of Agricultural Products Act

     ALBERTA FRESH VEGETABLE PRODUCERS REGULATION

     Filed:  December 20, 1996

Made by the Alberta Fresh Vegetable Producers pursuant to sections 26 and
27 of the Marketing of Agricultural Products Act.


     Table of Contents

Definitions    1
Prohibition re producer  2
Prohibition re broker    3
Licences  4
Licence not transferable 5
Licence fees   6
Licence suspended, revoked or not renewed    7
Notification of refusal, etc. 8
Records   9
Invoice   10
Sale proceeds  11
Service charge 12
Payment to producer 13
Grading   14
Recovery of amounts owing     15
Use of service charges, etc.  16
Container markings  17
Transitional   18
Repeal    19
Expiry    20


Definitions
1(1)  In this Regulation,

     (a)  "Act" means the Marketing of Agricultural Products Act;

     (b)  "broker" means a broker as defined in section 1 of the Plan;

     (c)  "broker's licence" means a licence issued under section 4(4);

     (d)  "fresh cut vegetables" means fresh cut vegetables as defined in
section 1 of the Plan;

     (e)  "fresh vegetables" means the regulated product other than fresh
cut vegetables;

     (f)  "Plan" means the Alberta Fresh Vegetable Producers' Plan
Regulation;

     (g)  "producer" means a producer as defined in section 1 of the
Plan;

     (h)  "producer's licence" means a licence issued under section 4(3);

     (i)  "regulated product" means regulated product as defined in
section 1 of the Plan;

     (j)  "retailer" means a retailer as defined in section 1 of the
Plan;

     (k)  "wholesaler" means a wholesaler as defined in section 1 of the
Plan.

(2)  Except where otherwise provided in this Regulation, words defined in
the Act and the Plan have the same meaning in this Regulation.


Prohibition re producer
2   A person who produces the regulated product shall not sell that
regulated product or offer that regulated product for sale unless that
person holds a producer's licence.


Prohibition re broker
3   A person shall not

     (a)  sell or offer for sale, on behalf of a producer, the regulated
product produced by that producer, or

     (b)  receive the regulated product produced by a producer for the
purposes of selling that regulated product or offering that regulated
product for sale on behalf of that producer,

unless that person holds a broker's licence.


Licences
4(1)  A person who wishes to be licensed as a producer or a broker may, on
an application in a form acceptable to and containing the information
required by the Board, apply to the Board for a producer's licence or a
broker's licence.

(2)  The Board shall consider every application for a licence that the
Board receives.

(3)  On considering an application for a producer's licence, the Board may
issue to the applicant a producer's licence.

(4)  On considering an application for a broker's licence, the Board may
issue to the applicant a broker's licence.

(5)  The Board may refuse to grant a licence for any reason that the Board
considers appropriate in the circumstances.

(6)  Where a person carries out the activities of a producer for which a
producer's licence is required and the activities of a broker for which a
broker's licence is required, that person must hold both a producer's
licence and a broker's licence.

(7)  The term of a licence is from June 1 to the following May 31.


Licence not transferable
5   A licence issued by the Board is not transferable.


Licence fees
6   The fees payable for a producer's licence and broker's licence for each
12-month period or part thereof commencing June 1 and ending May 31 of the
following year shall be fixed by a vote of the registered producers at an
annual general meeting or a special general meeting of the registered
producers.


Licence suspended, revoked or not renewed
7(1)  The Board may

     (a)  suspend or revoke a licence, or

     (b)  refuse to renew a licence,

if, in the opinion of the Board, the holder of the licence or the applicant
for renewal has failed to observe, perform or carry out the provisions of
the Act, the Plan, this or any other regulation applying to the holder or
applicant or any order or direction of the Council or the Board.

(2)  Where the Board suspends a licence, it may do so for a period of time
that the Board considers appropriate in the circumstances.

(3)  On receipt of a notification that a licence has been suspended or
revoked, the person whose licence has been suspended or revoked shall
immediately cease carrying on the activity to which the licence relates.


Notification of refusal, etc.
8   The Board shall forthwith notify in writing any person whose
application for a licence is refused, whose licence is suspended or revoked
or whose licence the Board refuses to renew.


Records
9   A producer, broker, wholesaler or retailer who produces or markets, as
the case may be, the regulated product shall furnish to the Board any
information or record in a timely manner relating to the production or
marketing, or both, of the regulated product that the Board considers
necessary.


Invoice
10(1)  No wholesaler or retailer shall buy the regulated product from a
producer or from a broker on behalf of a producer except on a form of
invoice provided by the Board that bears the Board's name on the face of
the invoice.

(2)  Notwithstanding subsection (1), a broker may with the approval of the
Board sell regulated product to a wholesaler or a retailer using the
broker's own form of invoice instead of the invoice referred to in
subsection (1) if

     (a)  the producer who is supplying the regulated product to the
broker provides to the Board the information required by the Board
respecting the supplying of the regulated product to the broker, and

     (b)  the information provided to the Board under clause (a) is given
to the Board on a form provided by the Board that bears the Board's name on
its face.


Sale proceeds
11(1)  Where a person who is a wholesaler or a retailer buys the regulated
product

     (a)  from the producer, or

     (b)  through a broker who sells the regulated product on behalf of
the producer,

that person shall pay the proceeds of the sale to the Board within 30 days
from the day that the regulated product is received by that person.

(2)   Notwithstanding subsection (1), a wholesaler or retailer who
purchases regulated product from a broker pursuant to section 10(2) may pay
the proceeds of the sale to the broker if the broker has undertaken with
the Board that the broker

     (a)  will accept payment from wholesalers and retailers for the
purchase of regulated product pursuant to section 10(2), and

     (b)  on receiving payment for the regulated product will

               (i)  deduct from the payment the amount of the service
charge payable in respect of the regulated product and forward that amount
to the Board, and

               (ii) pay to the producer who supplied that regulated
product the balance owing to the producer for the regulated product.

(3)  Where a person who is a wholesaler or a retailer buys regulated
product pursuant to section 10(2) and makes payment under subsection (2) of
this section, that person shall make the payment to the broker within 30
days from the day that the regulated product is received by that person.


Service charge
12(1)  There shall be payable by a producer to the Board, in respect of the
first bona fide sale of the regulated product either directly or through a
broker to a wholesaler or retailer, a service charge equal to 2.25% of the
invoice price of the fresh vegetables.

(2)  Where payment for regulated product is made to a broker under section
11(2), the broker shall, within 30 days of receiving payment for the
regulated product, pay to the Board the amount of the service charge
payable in respect of the regulated product.


Payment to producer
13   The Board shall, after deduction of the service charge, forthwith pay
the balance of the invoice price to the producer or broker.


Grading
14    Unless the regulated product has been  graded in accordance with the
Canada Agricultural Products Standards Act (Canada) or the Vegetable Sales
(Alberta) Act,

     (a)  no person shall purchase that regulated product from a producer
or broker, and

     (b)  no producer or broker shall sell that regulated product or
offer that regulated product for sale.


Recovery of amounts owing
15   The Board may recover by legal action

     (a)  service charges and licence fees payable under this Regulation,
and

     (b)  the purchase price of the regulated product required to be paid
by a wholesaler or retailer pursuant to section 11.


Use of service charges, etc.
16   The Board may use the service charges, licence fees and money arising
from investments of and any other income earned by the Board for the
purpose of paying the Board's expenses and administering the Plan and the
regulations made by the Board.


Container markings
17   The Board may by order in writing require producers and brokers to
mark the containers of their regulated products in a manner that, to the
satisfaction of the Board, shows the place of origin or the place of
production of the regulated product.


Transitional
18   A licence issued under the Fresh Vegetable Marketing Regulation (Alta.
Reg. 78/91) is deemed to have been issued under this Regulation.


Repeal
19   The Fresh Vegetable Marketing Regulation (Alta. Reg. 78/91) is
repealed.


Expiry
20   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on December 31, 1997.