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THE ALBERTA GAZETTE, PART II, DECEMBER 31, 1997

     Alberta Regulation 247/97

     Public Sector Pension Plans Act

     LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

     Filed:  December 3, 1997

Made by the Lieutenant Governor in Council (O.C. 581/97) pursuant to
Schedule 1, section 4 of the Public Sector Pension Plans Act.


1   The Local Authorities Pension Plan (AR 366/93) is amended by this
Regulation.


2   Part 1 of Schedule 2 is amended by adding the following body to the
list in that Part in its appropriate alphabetical order:

     Enmax Corporation


3   This Regulation comes into force on January 1, 1998.


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

     Alberta Regulation 248/97

     Regional Airports Authorities Act

     REGIONAL AIRPORTS AUTHORITIES AMENDMENT REGULATION

     Filed:  December 3, 1997

Made by the Lieutenant Governor in Council (O.C. 594/97) pursuant to
section 40 of the Regional Airport Authorities Act.


1   The Regional Airports Authorities Regulation (AR 149/90) is amended by
this Regulation.


2   Section 11(1)(d) is repealed and the following is substituted:

     (d)  if he is a person employed, whether under a contract of service
or a contract for services, in the public service of any national,
provincial, state, regional or local government;


     Alberta Regulation 249/97

     Employment Standards Code

     EMPLOYMENT STANDARDS AMENDMENT REGULATION

     Filed:  December 3, 1997

Made by the Lieutenant Governor in Council (O.C. 595/97) pursuant to
section 138 of the Employment Standards Code.


1   The Employment Standards Regulation (AR 14/97) is amended by this
Regulation.


2   Section 66 is amended by striking out "December 31, 1997" and
substituting "June 30, 1999".


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

     Alberta Regulation 250/97

     Alberta Housing Act

     MANAGEMENT BODY OPERATION AND ADMINISTRATION
     AMENDMENT REGULATION

     Filed:  December 5, 1997

Made by the Minister of Municipal Affairs (M.O. H:059/97) pursuant to
section 34(1) of the Alberta Housing Act.


1   The Management Body Operation and Administration Regulation (AR 243/94)
is amended by this Regulation.


2   Section 30 is amended by repealing subsection (1) and substituting the
following:

Building reports
     30(1)  A management body shall, with respect to housing accommodation
that it operates and administers and that is owned by the Crown, submit to
the Deputy Minister a property condition and inspection report at the times
required by the Minister.


     Alberta Regulation 251/97

     Agricultural Societies Act

     AGRICULTURAL SOCIETIES ACT FORMS REGULATION

     Filed:  December 9, 1997

Made by the Minister of Agriculture, Food and Rural Development pursuant to
section 43(1.1) of the Agricultural Societies Act.


Forms
1   The forms in the Schedule are the forms prescribed for the purposes of
the Agricultural Societies Act.


Expiry
2   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 July 1, 2002.


Repeal
3   The Forms Regulation (AR 457/81) is repealed.


     SCHEDULE

     FORM 1

     AGRICULTURAL SOCIETIES ACT
     (Section 3)

     APPLICATION FOR FORMATION OF A SOCIETY

To the Minister of Agriculture, Food and Rural Development for Alberta:

We, the undersigned, apply to be formed into an agricultural society under
the Agricultural Societies Act.

The proposed name of the society is "The                      Agricultural
Society".

The proposed chief place of business of the society is at              in
Alberta.

Each of the undersigned

     is 18 years of age or older;

     is a resident of Alberta;

     is not a member of any other agricultural society as defined in the
Agricultural Societies Act;

     has subscribed and paid to the funds of the society the amount set
out below.

Dated at                      this              day of           , 19    


    
Printed
Name
Signature
Occupation
Mailing Address
Amount Subscribed and Paid













     AFFIDAVIT VERIFYING APPLICATION


       Canada           )  I,                    of                 
Province of Alberta  )  in the Province of Alberta, make oath
       To Wit:          )  and say:


1  I am one of the applicants;

2  I believe that the statements made in the application by each of the
applicants are true;

3  The amount of                dollars, being the total amount paid by the
applicants to the funds of the proposed                Agricultural Society
is now held by                   in trust for the proposed society.

Sworn before me at  )
in the Province of Alberta, this   )
           day of   )    (Signature)
19             )

                                    

A     in and for the Province of Alberta

     FORM 2

     AGRICULTURAL SOCIETIES ACT
     (Section 3)

     PROVINCE OF ALBERTA

     Certificate of Incorporation

The following persons, (names and addresses of applicants) having met the
requirements of the Agricultural Societies Act, are on this day
incorporated as an agricultural society  under the name of "The             
        Agricultural Society" with its chief place of business at           
        in Alberta, and are subject in all respects to the Agricultural
Societies Act.


     
Minister of Agriculture, Food and Rural Development for Alberta

Dated at                 this         day of                  , 19     


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

     Alberta Regulation 252/97

     Electric Utilities Act


     Filed:  December 9, 1997

     MINISTERIAL ORDER 34/97

I, STEPHEN C. WEST, Minister of Energy, pursuant to section 1(1) of the
Electric Utilities Act Time Extension Regulation (AR 234/97), hereby extend
the date specified in section 72(4) of the Electric Utilities Act to August
31, 1998.

Dated the 4th day of December, 1997.
     Stephen C. West
     Minister of Energy

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

     Alberta Regulation 253/97

     Gaming and Liquor Act

     GAMING AND LIQUOR AMENDMENT REGULATION

     Filed:  December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 599/97) pursuant to
section 126 of the Gaming and Liquor Act.


1   The Gaming and Liquor Regulation (AR 143/96) is amended by this
Regulation.


2   Section 2 is amended by striking out "and" at the end of clause (b), by
adding "and" at the end of clause (c) and by adding the following after
clause (c):

     (d)  any deposit required by or under section 28.


3   Section 16 is amended by striking out "91" and substituting "91, 91.1".


4   Section 23(2) is repealed and the following is substituted:

     (2)  A bingo facility licence may only be issued to the volunteer
executive of a bingo association.

     (3)  A casino facility licence may only be issued to an individual,
partnership or corporation.


5   Section 28 is repealed and the following is substituted:

Fees and deposits for conducting background checks
     28(1)  This section applies in respect of 

               (a)  casino facility licences, and 

               (b)  registrations that authorize a person to deal in
video lottery terminals approved by the board.

     (2)  The following must pay a fee for background checks made by the
Commission: 

               (a)  an applicant for a casino facility licence or video
lottery terminal registration for background checks made in relation to the
applicant;

               (b)  a casino facility licensee for background checks
made during the term of the licence in relation to the licensee;

               (c)  a video lottery terminal registrant for background
checks made during the term of the registration in relation to the
registrant.

     (3)  The fee is the actual cost of conducting the background checks.

     (4)  An applicant for a casino facility licence or video lottery
terminal registration, other than an applicant for a renewal of a licence
or registration, must submit to the Commission with the application a $5000
deposit to be used to pay the fee for background checks.

     (5)  If the Commission decides to conduct background checks in
respect of a casino facility licensee or video lottery terminal registrant
during the term of the licence or registration or in relation to an
application to renew the licence or registration, the licensee or
registrant must, if required by the Commission, submit to the Commission a
deposit in an amount specified by the Commission that does not exceed $5000
to be used to pay the fee for the background checks.

     (6)  If a deposit has been submitted and the fee for background
checks does not exceed the deposit, the Commission must refund the surplus.


6   The following is added after section 34:

Persons not permitted in licensed facilities
     34.1(1)  No facility licensee or employee or agent of a facility
licensee may permit a person to enter into or remain in the licensed
facility if

               (a)  the licensee, employee or agent, as the case may
be, knows that the person has been convicted of an offence under section
209 of the Criminal Code (Canada), or

               (b)  the licensee, employee or agent, as the case may
be, has been advised by the Commission that the person

                         (i)  has been convicted of an offence under
a foreign Act or regulation that, in the board's opinion, is substantially
similar to an offence under section 209 of the Criminal Code (Canada), or

                         (ii) is not, under the laws of a
jurisdiction other than Alberta, permitted to enter into or remain in a
place in which gaming activities in that jurisdiction are conducted.

     (2)  The board may issue a notice to facility licensees stating that
a person referred to in subsection (1)(a) or (b) may be permitted to enter
a licensed facility and, upon the notice being issued, subsection (1) does
not apply in respect of that person unless the board revokes the notice. 


7   Section 48 is amended by adding the following after subsection (1):

     (1.1)  The board may, for the purposes of this section, make policies
establishing criteria to be used to determine if a business is separate
from another business.


8   Section 81(e) is repealed and the following is substituted:

     (e)  directly or indirectly make or offer to make a loan or advance
or give or offer to give money, a rebate, a concession or anything of value
to a liquor licensee or to an employee or agent of that licensee. 


9   Section 83 is amended by adding the following after subsection (2):

     (3)   If the board allows a manufacturer's licensee to hold a Class A
liquor licence, the board may, despite subsection (2), permit the Class A
liquor licensee to possess and keep in, provide and sell from or allow into
the licensed premises under the Class A liquor licence liquor made under
the manufacturer's licence so long as the licensed premises under the Class
A liquor licence are on the property used for the licensed premises under
the manufacturer's licence.


10   The following is added after section 91:

Removal of liquor from licensed premises
     91.1(1)  In this section, 

               (a)  "liquor" means liquor that has been sold or
provided from licensed premises for consumption in the licensed premises;

               (b)  "liquor licensee" means a liquor licensee whose
liquor licence authorizes the sale or provision of liquor from licensed
premises for consumption in the licensed premises.

     (2)  No liquor licensee or employee or agent of a liquor licensee may
allow a person to remove liquor from the licensed premises.


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

     Alberta Regulation 254/97

     Government Organization Act

     DESIGNATION AND TRANSFER OF RESPONSIBILITY
     AMENDMENT REGULATION

     Filed:  December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 603/97) pursuant to
section 16 of the Government Organization Act.


1   The Designation and Transfer of Responsibility Regulation (AR 398/94)
is amended by this Regulation.


2   Section 10 is amended by adding the following after subsection (3):

     (4)  The Minister of Family and Social Services is designated as the
Minister responsible for the Personal Directives Act.


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

     Alberta Regulation 255/97

     Teachers' Pension Plans Act

     TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION
     PLANS AMENDMENT REGULATION

     Filed:  December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 604/97) pursuant to
section 14 of the Teachers' Pension Plans Act and section 12 of the
Teachers' Pension Plans (Legislative Provisions) Regulation.


1   The Teachers' and Private School Teachers' Pension Plans (AR 203/95)
are amended by this Regulation.


2   Section 73(7) is amended by striking out "1997" and substituting
"1998".


3   Section 74(7) is amended by striking out "1997" and substituting
"1998".


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

     Alberta Regulation 256/97

     Livestock and Livestock Products Act

     LIVESTOCK PATRON'S ASSURANCE FUND
     AMENDMENT REGULATION

     Filed:  December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 607/97) pursuant to
section 15 of the Livestock and Livestock Products Act.


1   The Livestock Patron's Assurance Fund Regulation (AR 418/91) is amended
by this Regulation.


2   The following is added after section 1:

Application of Regulation
     1.1   This Regulation does not apply to a claim of a patron in
respect of prescribed livestock that is supplied to a licensed livestock
dealer on or after January 1, 1998.


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

     Alberta Regulation 257/97

     Livestock and Livestock Products Act

     LIVESTOCK PATRONS' CLAIMS REVIEW TRIBUNAL REGULATION

     Filed:  December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 608/97) pursuant to
sections 15 and 15.1 of the Livestock and Livestock Products Act.


     Table of Contents

Definitions    1
Protected livestock 2

     Part 1
     Claims to Tribunal - Non-Payment
     by Licensed Livestock Dealers

Application of Part 3
Conditions for payment   4
Levies    5
Withdrawing from protection   6
Cancelling declaration   7
Refund of levies    8
Maximum amount of payment from Tribunal 9

     Part 2
     Claims to Tribunal - Non-Payment
     by Non-Licensed Buyers

Definition     10
Application of Part 11
Notice of non-payment    12
Publication    13
Conditions for payment   14
Claims to Tribunal  15
Appeal to Court of Appeal     16
Payments by Tribunal     17
Levies    18
Withdrawing from protection   19
Cancelling declaration   20
Refund of levies    21
Maximum amount of payment from Tribunal 22
Subrogation    23

     Part 3
     Livestock Patrons' Claims Review Tribunal

Definition     24
Composition of Tribunal  25
Designating other associations     26
Alternate members   27
Appointments filed with Administrator   28
Revocation of designation     29
Chair     30
Rules and procedures     31
Quorum    32

     Part 4
     Consequential Amendment, Expiry and Coming into Force

Consequential amendment  33
Expiry    34
Coming into force   35


Definitions
1   In this Regulation,

     (a)  "Act" means the Livestock and Livestock Products Act;

     (b)  "Department" means the Department of Agriculture, Food and
Rural Development; 

     (c)  "farming operations" means

               (i)  the maintenance of livestock for the purpose of
propagation or the production of livestock products or both, or

               (ii) the maintenance of feeder livestock for the purpose
of growing or finishing or both;

     (d)  "licensed livestock dealer" means a licensed livestock dealer
within the meaning of that term in the Licensing and Bonding of Livestock
Dealers and Livestock Dealers Agents Regulation (AR 450/83);

     (e)  "protected livestock" means the classes or types of livestock
prescribed by section 2;

     (f)  "Tribunal" means the Livestock Patrons' Claims Review Tribunal. 


Protected livestock
2   The classes or types of livestock in respect of which a payment may be
made from the accounts of the Tribunal are live

     (a)  cattle, excluding buffalo, and

     (b)  horses.


     PART 1

     CLAIMS TO TRIBUNAL - NON-PAYMENT
     BY LICENSED LIVESTOCK DEALERS

Application of Part
3   This Part applies only in respect of claims of patrons who supply
protected livestock to licensed livestock dealers on or after January 1,
1998.


Conditions for payment
4   A patron who sells protected livestock to a licensed livestock dealer
and who does not receive payment for the value of the protected livestock
supplied may receive a payment from the accounts of the Tribunal only if
the requirements of the Act and the following conditions and requirements
have been met:

     (a)  when the patron agreed to sell the protected livestock, the
protected livestock were alive and in Alberta, Dawson Creek, British
Columbia or Lloydminster, Saskatchewan;

     (b)  if the protected livestock came from the patron's farming
operations outside of Alberta or if the protected livestock were sold in
Dawson Creek, British Columbia or Lloydminster, Saskatchewan, the livestock
were in Alberta for a minimum of 30 days immediately before the sale;

     (c)  the protected livestock were, for the purposes of the sale,
inspected by

               (i)  an inspector as defined in the Livestock
Identification and Brand Inspection Act, or 

               (ii) in the case of protected livestock sold in Dawson
Creek, British Columbia or Lloydminster, Saskatchewan, an inspector
appointed under legislation of the jurisdiction in which the sale took
place; 

     (d)  if the patron and dealer are bodies corporate, the patron and
the dealer were not affiliated with each other within the meaning of
"affiliated" under section 2 of the Business Corporations Act;

     (e)  if the patron or the dealer is a body corporate, the body
corporate was not controlled by the other party to the sale, within the
meaning of "controlled" under section 2 of the Business Corporations Act;

     (f)  if the patron or the dealer is a partnership, the other party
to the sale was not a partner in the partnership;

     (g)  the sale was not made in a year in respect of which the patron
is ineligible to receive payments from the Tribunal under section 6 or 7;

     (h)  if the patron received a cheque in payment of the protected
livestock supplied, the patron presented the cheque for deposit or for cash
within a reasonable time after having received the cheque.


Levies
5(1)  In this section, "eligible sale" means a sale by a patron of
protected livestock to a licensed livestock dealer 

     (a)  in which the protected livestock were alive and in Alberta when
the agreement to sell the livestock was made, or

     (b)  in which the protected livestock were alive and in Dawson
Creek, British Columbia or Lloydminster, Saskatchewan when the agreement to
sell the livestock was made. 

(2)  Subject to this section, a patron who makes an eligible sale shall pay
or cause to be paid to the Tribunal a levy in an amount established by the
Tribunal from time to time for each head of protected livestock sold.

(3)  A patron shall pay the levies in the manner and at the times specified
by the Tribunal.

(4)  A patron who makes a sale of protected livestock in a year in respect
of which the patron is ineligible to receive a payment from the Tribunal
under section 6 or 7 and who maintains an account with the Department for
the payment of inspection fees under the Livestock Identification and Brand
Inspection Act is not required to pay a levy on that sale.

(5)  A patron who makes

     (a)  a private sale of protected livestock at a place other than a
market as defined in the Livestock Identification and Brand Inspection Act,
or

     (b)  a sale of protected livestock at a country sale as defined in
the Livestock Identification and Brand Inspection Act where permission has
been given under that Act for the country sale to be held without
inspection,

in a year in respect of which the patron is ineligible to receive a payment
from the Tribunal under section 6 or 7 is not required to pay a levy on
that sale.

(6)  A patron is not required to pay a levy on an eligible sale if the
patron does not satisfy the conditions for making a payment from the
Tribunal under section 4(b), (d), (e) or (f) in respect of that sale.


Withdrawing from protection
6(1)  A patron who wants to withdraw from the protection offered by the
Tribunal under this Part may provide the Administrator with a declaration
to that effect and a patron who provides the Administrator with a
declaration is ineligible to receive payments from the Tribunal under this
Part in respect of sales of protected livestock made in the years following
the year the declaration was provided, unless the patron cancels the
declaration under section 7.

(2)  Notwithstanding subsection (1), if a patron who sells protected
livestock to a licensed livestock dealer for the first time wants to
withdraw from the protection offered by the Tribunal under this Part in
respect of sales to licensed livestock dealers made in the year of the
first sale and later years, the patron may provide the Administrator with a
declaration to that effect.

(3)  If the patron's declaration referred to in subsection (2) is received
by the Administrator within 30 days after the date of the first sale, the
patron is ineligible to receive payments from the Tribunal under this Part
in the year of the first sale and later years, unless the patron cancels
the declaration under section 7.


Cancelling declaration
7(1)  A patron who has made a declaration under section 6 of this
Regulation or section 6 of the Livestock Patron's Assurance Fund Regulation
(AR 418/91) may, by a written notice to the Administrator, cancel the
declaration.

(2)  A patron who cancels a declaration under subsection (1) remains
ineligible to receive payments from the Tribunal under this Part in respect
of sales made in the year the notice of cancellation was provided to the
Administrator. 


Refund of levies
8(1)  If a patron is, under section 6 or 7, ineligible to receive a payment
from the Tribunal under this Part in respect of sales of protected
livestock to licensed livestock dealers made in a year, referred to in this
section as an ineligible year, the patron may apply for a refund of levies
paid in respect of sales made in the ineligible year.

(2)  A patron is not entitled to a refund of levies paid in an ineligible
year unless 

     (a)  the patron submits a written application to the Administrator
that sets out the total number of protected livestock sold by the patron to
licensed livestock dealers in the ineligible year for which levies were
paid,

     (b)  the Administrator receives the application by March 31 of the
year following the ineligible year, and

     (c)  the patron provides the Administrator with any information that
the Administrator requests to verify the number of protected livestock
sold.

(3)  If the Administrator is satisfied that a patron is entitled under this
section to a refund of $1000 or less, the Administrator shall pay to the
patron the amount from the accounts of the Tribunal.

(4)  If the Administrator refuses to give a refund or if the Administrator
pays a refund that is less than the refund applied for, the patron who
applied for the refund may appeal the Administrator's decision to the
Tribunal and the Tribunal may 

     (a)  confirm the Administrator's decision, or 

     (b)  direct the Administrator to pay from the Tribunal's accounts an
amount determined by the Tribunal.

(5)  An application by a patron for a refund exceeding $1000 must be
referred to the Tribunal and if the Tribunal is satisfied that the patron
is entitled under this section to a refund, the Tribunal shall pay to the
patron an amount determined by the Tribunal from its accounts.


Maximum amount of payment from Tribunal
9(1)  Subject to subsection (2), the maximum amount that a patron may
receive from the Tribunal under this Part in respect of a claim by a patron
is an amount that, together with the amount that the patron receives under
section 10.1 of the Act, equals 80% of the patron's proven claim. 

(2)  The maximum amount that a patron who cancels a declaration under
section 7 of this Regulation or section 7 of the Livestock Patron's
Assurance Fund Regulation (AR 418/91) may receive from the Tribunal under
this Part in respect of a sale made in the year following the year the
notice cancelling the declaration was provided to the Administrator or
Minister is

     (a)  25% of the maximum amount under subsection (1) if the sale
occurred in the first quarter,

     (b)  50% of the maximum amount under subsection (1) if the sale
occurred in the 2nd or 3rd quarter, and

     (c)  75% of the maximum amount under subsection (1) if the sale
occurred in the 4th quarter.


     PART 2

     CLAIMS TO TRIBUNAL - NON-PAYMENT
     BY NON-LICENSED BUYERS

Definition
10   In this Part, "non-licensed buyer" means a patron who is a resident of
Alberta and who is not a licensed livestock dealer.


Application of Part
11   This Part applies only in respect of claims of licensed livestock
dealers who supply protected livestock to non-licensed buyers on or after
January 1, 1998.


Notice of non-payment
12(1)  A licensed livestock dealer who sells protected livestock to a
non-licensed buyer and does not receive payment for the value of the
protected livestock supplied shall

     (a)  notify the Administrator of the non-payment as soon as is
reasonably possible after the dealer knows of the non-payment, and

     (b)  provide the Administrator with any information specified by the
Administrator relating to the sale.

(2)  If the Administrator receives a notice under subsection (1), the
Administrator may require the non-licensed buyer identified in the notice
to provide the Administrator with any information specified by the
Administrator relating to the sale and the non-licensed buyer shall comply
with the request.


Publication
13(1)  If the Administrator receives a notice under section 12(1) and the
Tribunal is satisfied that the failure of the non-licensed buyer identified
in the notice to pay a licensed livestock dealer for the value of protected
livestock supplied is not based on a contract dispute between the buyer and
the dealer or if a non-licensed buyer has not provided the Administrator
with information under section 12(2), the Administrator may publish a
warning setting out

     (a)  that the non-licensed buyer has failed to pay a licensed
livestock dealer for the value of protected livestock supplied, and

     (b)  that licensed livestock dealers may not be eligible to receive
a payment from the Tribunal if they sell protected livestock to the
non-licensed buyer in the future.

(2)  The Administrator may

     (a)  publish the warning in as many publications as the
Administrator considers appropriate that circulate in the district in which
the dealing in protected livestock by the non-licensed buyer is carried on,
and

     (b)  take such other steps that the Administrator considers
appropriate to bring the failure to pay by the non-licensed buyer to the
attention of licensed livestock dealers who may sell protected livestock to
the non-licensed buyer.


Conditions for payment
14   A licensed livestock dealer who sells protected livestock to a
non-licensed buyer and who does not receive payment for the value of the
protected livestock supplied may receive a payment from the accounts of the
Tribunal only if the following conditions and requirements have been met:

     (a)  the dealer submits an application to the Administrator;

     (b)  the Tribunal is satisfied that the failure to pay is not based
on a contract dispute between the dealer and the non-licensed buyer;

     (c)  the dealer notified the Administrator of the non-payment

               (i)  as soon as was reasonably possible after the dealer 
knew or should have known of the non-payment, and

               (ii) within 90 days after the protected livestock were
supplied to the non-licensed buyer;

     (d)  if there is more than one claim against the non-licensed buyer,
the Tribunal is satisfied that the dealer sold the protected livestock to
the non-licensed buyer before the dealer knew or ought to have known that
the buyer had failed to pay for protected livestock supplied by other
dealers;

     (e)  the dealer did not extend credit to the non-licensed buyer in
the sale of the protected livestock that is the basis of the claim;

     (f)  the failure to pay was not based on collusion between the
dealer and the non-licensed buyer;

     (g)  when the dealer agreed to sell the protected livestock, the
protected livestock were alive and in Alberta;

     (h)  if the protected livestock came from the dealer's farming
operations outside of Alberta, the livestock were in Alberta for a minimum
of 30 days immediately before the sale;

     (i)  the protected livestock were, for the purposes of the sale,
inspected by an inspector as defined in the Livestock Identification and
Brand Inspection Act;

     (j)  if the dealer and non-licensed buyer are bodies corporate, the
dealer and the buyer were not affiliated with each other within the meaning
of "affiliated" under section 2 of the Business Corporations Act;

     (k)  if the dealer or non-licensed buyer is a body corporate, the
body corporate was not controlled by the other party to the sale, within
the meaning of "controlled" under section 2 of the Business Corporations
Act;

     (l)  if the dealer or non-licensed buyer is a partnership, the other
party to the sale was not a partner in the partnership;

     (m)  the patron meets the requirements of this Part with respect  to
the payment of levies;

     (n)  the sale was not made in a year in respect of which the dealer
is ineligible to receive payments from the Tribunal under section 19 or 20;

     (o)  if the dealer received a cheque in payment of the protected
livestock supplied, the dealer presented the cheque for deposit or for cash
within a reasonable time after having received the cheque.


Claims to Tribunal
15   After the Tribunal is notified by the Administrator that a licensed
livestock dealer has made an application under section 14 in respect of
protected  livestock and the dealer has provided any material required by
the Tribunal in respect of the claim, the Tribunal shall 

     (a)  determine whether the dealer is entitled to a payment from the
accounts of the Tribunal based on the requirements of this Part, and

     (b)  serve the dealer with its written decision and reasons.


Appeal to Court of Appeal
16(1)  A licensed livestock dealer may appeal a decision of the Tribunal
under section 15 by filing a notice of appeal with the Court of Appeal
within 90 days of the Tribunal's decision.

(2)  An appeal under this section must be based on a question of law or
jurisdiction.

(3)  The dealer may not appeal an amount of a payment awarded by the
Tribunal under this Part.

(4)  The provisions of the Alberta Rules of Court (AR 390/68) relating to
appeals to the Court of Appeal apply, with the necessary modifications, to
an appeal under this section.

(5)  A notice of appeal filed under this section must be served on the
Administrator.

(6)  The Court of Appeal may make any decision that the Tribunal may make
or may refer the matter back to the Tribunal.


Payments by Tribunal
17(1)  The Tribunal may make payments to licensed livestock dealers under
this Part once in each calendar year.

(2)  Payments to a licensed livestock dealer under this Part may only be
made from those funds in the Tribunal's accounts that are 

     (a)  levies received from licensed livestock dealers that have been
paid on the sale of protected livestock to non-livestock buyers, and

     (b)  interest on those levies.

(3)  The Tribunal, when making a payment from its accounts under this Part,
may impose any terms and conditions it considers appropriate.


Levies
18(1)   In this section, "eligible sale" means a sale by a licensed
livestock dealer of protected livestock to a non-licensed buyer in which
the protected livestock were alive and in Alberta when the agreement to
sell the livestock was made.

(2)  Subject to this section, a licensed livestock dealer who makes an
eligible sale shall pay or cause to be paid to the Tribunal a levy in an
amount established by the Tribunal from time to time for each head of
protected livestock sold.

(3)  A licensed livestock dealer shall pay the levies in the manner and at
the times specified by the Tribunal.

(4)  A licensed livestock dealer who makes a sale of protected livestock in
a year in respect of which the dealer is ineligible to receive a payment
from the Tribunal under section 19 or 20 and who maintains an account with
the Department for the payment of inspection fees under the Livestock
Identification and Brand Inspection Act is not required to pay a levy on
that sale.

(5)  A licensed livestock dealer who makes

     (a)  a private sale of protected livestock at a place other than a
market as defined in the Livestock Identification and Brand Inspection Act,
or

     (b)  a sale of protected livestock at a country sale as defined in
the Livestock Identification and Brand Inspection Act where permission has
been given under that Act for the country sale to be held without
inspection,

in a year in respect of which the dealer is ineligible to receive a payment
from the Tribunal under section 19 or 20 is not required to pay a levy on
that sale.

(6)  A licensed livestock dealer is not required to pay a levy on an
eligible sale if the patron does not satisfy the conditions for making a
payment from the Tribunal under section 14(h), (j), (k) or (l) in respect
of that sale.


Withdrawing from protection
19(1)  A licensed livestock dealer who wants to withdraw from the
protection offered by the Tribunal under this Part may provide the
Administrator with a declaration to that effect and a dealer who provides
the Administrator with a declaration is ineligible to receive payments from
the Tribunal under this Part in respect of sales of protected livestock
made in the years following the year the declaration was provided, unless
the dealer cancels the declaration under section 20.

(2)  Notwithstanding subsection (1), if a licensed livestock dealer who
sells protected livestock to a non-licensed buyer for the first time wants
to withdraw from the protection offered by the Tribunal under this Part in
respect of sales to non-licensed buyers made in the year of the first sale
and later years, the dealer may provide the Administrator with a
declaration to that effect.

(3)  If the licensed livestock dealer's declaration referred to in
subsection (2) is received by the Administrator within 30 days after the
date of the first sale, the dealer is ineligible to receive payments from
the Tribunal under this Part in the year of the first sale and later years,
unless the dealer cancels the declaration under section 20.


Cancelling declaration
20(1)  A licensed livestock dealer who has made a declaration under section
19 may, by a written notice to the Administrator, cancel the declaration.

(2)  A licensed livestock dealer who cancels a declaration under subsection
(1) remains ineligible to receive payments from the Tribunal under this
Part in respect of sales made in the year the notice of cancellation was
provided to the Administrator. 


Refund of levies
21(1)  If a licensed livestock dealer is, under section 19 or 20,
ineligible to receive a payment from the Tribunal under this Part in
respect of sales of protected livestock to non-licensed buyers made in a
year, referred to in this section as an ineligible year, the dealer may
apply for a refund of levies paid in respect of sales made in the
ineligible year.

(2)  A licensed livestock dealer is not entitled to a refund of levies paid
in an ineligible year unless 

     (a)  the dealer submits a written application to the Administrator
that sets out the total number of protected livestock sold by the dealer to
non-licensed buyers in the ineligible year for which levies were paid,

     (b)  the Administrator receives the application by March 31 of the
year following the ineligible year, and

     (c)  the dealer provides the Administrator with any information that
the Administrator requests to verify the number of protected livestock
sold.

(3)  If the Administrator is satisfied that a licensed livestock dealer is
entitled under this section to a refund of $1000 or less, the Administrator
shall pay to the dealer the amount from the accounts of the Tribunal.

(4)  If the Administrator refuses to give a refund or if the Administrator
pays a refund that is less than the refund applied for, the licensed
livestock dealer who applied for the refund may appeal the Administrator's
decision to the Tribunal and the Tribunal may 

     (a)  confirm the Administrator's decision, or 

     (b)  direct the Administrator to pay from the Tribunal's accounts an
amount determined by the Tribunal.

(5)  An application by a licensed livestock dealer for a refund exceeding
$1000 must be referred to the Tribunal and, if the Tribunal is satisfied
that the dealer is entitled under this section to a refund, the Tribunal
must pay to the dealer an amount determined by the Tribunal from its
accounts.


Maximum amount of payment from Tribunal
22(1)  Subject to subsection (2), the maximum amount that a licensed
livestock dealer may receive from the Tribunal under this Part is 80% of
the dealer's proven claim. 

(2)  The maximum amount that a licensed livestock dealer who cancels a
declaration under section 20 may receive from the Tribunal under this Part
in respect of a sale made in the year following the year the notice
cancelling the declaration was provided to the Administrator is

     (a)  25% of the maximum amount under subsection (1) if the sale
occurred in the first quarter,

     (b)  50% of the maximum amount under subsection (1) if the sale
occurred in the 2nd or 3rd quarter, and

     (c)  75% of the maximum amount under subsection (1) if the sale
occurred in the 4th quarter.


Subrogation
23   If the Tribunal pays an amount to a licensed livestock dealer under
this Part, the Tribunal is subrogated to the rights of the dealer against
the non-licensed buyer in respect of the amount, and the Tribunal may
maintain an action, in the name of the dealer or in the name of the
Tribunal, against the non-licensed buyer for the recovery of the amount.


     PART 3

     LIVESTOCK PATRONS' CLAIMS REVIEW TRIBUNAL

Definition
24   In this Part, "designated association" means an association or other
entity that is authorized under this Part to appoint members to the
Tribunal.


Composition of Tribunal
25   Subject to section 29, the Tribunal is composed of the following
members:

     (a)  one member appointed by the Alberta Auction Markets
Association;

     (b)  one member appointed by the Alberta Cattle Commission;

     (c)  one member appointed by the Alberta Cattle Feeders Association;

     (d)  one member appointed by the Feeders Associations of Alberta;

     (e)  one member appointed by the Alberta Livestock Dealers and Order
Buyers Association;

     (f)  one member appointed by the Western Stock Growers Association;

     (g)  members appointed by associations or entities designated under
section 26.


Designating other associations
26(1)  The Tribunal may, by a resolution passed by a majority of its
members, designate an association or entity for the purposes of subsection
(2).

(2)  An association or entity that is designated under subsection (1) is
authorized to appoint one member to the Tribunal.

(3)  The resolution referred to in subsection (1) does not come into force
until it has been filed with the Administrator.


Alternate members
27(1)  Each designated association must appoint an alternate member.

(2)  An alternate member appointed by a designated association may act in
place of a member representing the designated association when the member
is absent or unable to act or when there is no member.


Appointments filed with Administrator
28   The appointment of a member or an alternate member does not come into
force until it has been filed with the Administrator.


Revocation of designation
29(1)  If a designated association refuses to appoint a member or an
alternate member or if the member and alternate member of a designated
association refuse to attend a meeting of the Tribunal, the members of the
remaining designated associations may by unanimous resolution revoke the
authority of the association or entity to appoint a member and an alternate
member to the Tribunal.

(2)  Section 32 does not apply to a resolution passed under subsection (1).

(3)  The Tribunal may, by a unanimous resolution of its members, reinstate
the authority of an association or entity to appoint a member and an
alternate member.

(4)  A resolution passed under this section does not come into force until
it has been filed with the Administrator.


Chair
30(1)  The chair of the Tribunal is to be determined by the members of the
Tribunal.

(2)  The chair is entitled to vote on all matters that are voted on by the
members of the Tribunal.

(3)  In the event of a tie, the chair has an additional vote to break the
tie.


Rules and procedures
31   The rules and procedures of the Tribunal are to be determined by the
Tribunal.


Quorum
32   The quorum for a meeting of the members of the Tribunal is 100% of the
members. 


     PART 4

     CONSEQUENTIAL AMENDMENT, EXPIRY    AND COMING INTO FORCE

Consequential amendment
33   The Licensing and Bonding of Livestock Dealers and Livestock Dealers
Agents Regulation (AR 450/83) is amended by repealing section 2(3) and
(3.1) and substituting the following:

     (3)  Where an amount has been paid out of the Livestock Patron's
Assurance Fund or the accounts of the Livestock Patrons' Claims Review
Tribunal pursuant to the Act with respect to a claim against a licensed
livestock dealer, the Minister may refuse to grant a licence under this
Regulation to

               (a)  that dealer, or

               (b)  any person who was directly or indirectly involved
in the operation of the dealer's business in respect of which the payment
from the Fund or the Tribunal's accounts was made,

     unless a payment in an amount determined under subsection (3.1) to
the Tribunal's accounts has been arranged.

     (3.1)   The amount that an applicant may be required to pay is the
portion of the amount paid out that the Minister determines reflects the
degree of control or influence that the applicant had in the business of
the licensed livestock dealer who defaulted.


Expiry
34   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, 2002.


Coming into force
35   This Regulation comes into force on January 1, 1998.


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

     Alberta Regulation 258/97

     Marketing of Agricultural Products Act

     ALBERTA EGG PRODUCERS PLAN REGULATION

     Filed:  December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 609/97) pursuant to
sections 23 and 54.1 of the Marketing of Agricultural Products Act.


     Table of Contents

Definitions    1
Designation of agricultural products    2

     Part 1
     General Operation of Plan

     Division 1
     Plan

Plan continued 3
Termination of Plan 4
Application of Plan 5
Purpose of Plan     6

     Division 2
     Administration of Plan by Board

Board continued     7
Functions of the Board   8
Regulations to operate Plan   9
Financing of Plan   10
Remuneration   11
Auditor   12
Indemnification fund, etc.    13
Funding of indemnification fund, etc.   14

     Part 2
     Governance of Plan

     Division 1
     Board

Members of Board    15
Chairperson    16
Board meetings 17
Quorum    18
Term of office 19
Removal from office 20
Vacancy   21

     Division 2
     Meetings of Producers

Annual meetings     22
Special meetings    23
Time, place and date of meetings   24
Notification of meetings 25
Quorum    26

     Division 3
     Eligibility, Voting and Elections

Registered producers who are individuals     27
Registered producers that are not individuals     28
Eligibility re voting    29
Election results    30
Returning officer   31
Result of invalid election    32
Controverted election    33

     Part 3
     Review, Transitional Provision and Repeal

Review    34
Transitional   35
Repeal    36


Definitions
1(1)  In this Plan,

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

     (b)  "Board" means the Alberta Egg Producers Board;

     (c)  "Canada Act" means

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

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

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

     (e)  "eggs" includes any class of eggs or egg products produced from
eggs laid by a hen;

     (f)  "exempt producer" means a person

               (i)  who does not possess, whether by ownership or
otherwise, more than 300 hens, or

               (ii) whose productive capacity from that person's
production facilities does not exceed 300 hens;

     (g)  "Federal-Provincial Agreement" means the agreement respecting
the revision and consolidation of the comprehensive marketing program as
agreed to by the parties for the purpose of regulating the marketing of
eggs in Canada, as revised from time to time;

     (h)  "hen" or "layer" means a female common domestic fowl of the
species Gallus domesticas that is of an age specified in  regulations made
by the Board;

     (i)  "marketing" means buying, owning, selling, offering for sale,
storing, grading, assembling, packing, transporting, advertising or
financing;

     (j)  "person" means a person as defined in the Interpretation Act
and includes

               (i)  a partnership as defined in the Partnership Act,

               (ii) any unincorporated organization that is not a
partnership referred to in subclause (i), and

               (iii)     any group of individuals who are carrying on an
activity for a common purpose and are neither a partnership referred to in
subclause (i) nor an unincorporated organization referred to in subclause
(ii);

     (k)  "Plan" means the Plan that is amended and continued under
section 3;

     (l)  "possession quota" means the quota issued by the Board to a
registered producer prescribing the maximum number of hens that producer
may possess at any one time;

     (m)  "processor" means a person who

               (i)  grades, packs or changes the nature of the
regulated product by mechanical means or otherwise, or

               (ii) markets the graded, packed or processed regulated
product,

          or carries out one or more of those functions;

     (n)  "producer" means a person who is engaged in the production of
the regulated product;

     (o)  "production" includes the possession of the regulated product;

     (p)  "production facilities" includes the buildings and improvements
in which the regulated product is produced and the parcel of land on which
the buildings and improvements are located;

     (q)  "production quota" means the quota issued by the Board to a
registered producer prescribing the minimum number of eggs that shall be
produced by that producer's hens;

     (r)  "pullet" means a female common domestic fowl of the species
Gallus domesticas that is of an age specified in regulations made by the
Board;

     (s)  "quota" means the possession quota and production quota granted
by the Board to a registered producer;

     (t)  "registered producer" means a producer who

               (i)  holds a producer's licence, and

               (ii) has been allotted quota;

     (u)  "regulated product" means eggs;

     (v)  "research facility" means an educational institution involved
in bona fide scientific research in respect of eggs as approved by a
resolution of the Board.


Designation of agricultural products
2   Eggs, pullets, layers and hens are designated as agricultural products
for the purposes of the Act.


     PART 1

     GENERAL OPERATION OF PLAN

     Division 1
     Plan

Plan continued
3   The Alberta Egg Producers Plan, continued under  Alberta Regulation
338/91, is hereby amended and continued under this Regulation with the name
"Alberta Egg Producers Plan".


Termination of Plan
4   This Plan does not terminate at the conclusion of a specific period of
time and shall remain in force unless otherwise terminated pursuant to the
Act.


Application of Plan
5(1)  This Plan applies

     (a)  to all persons who produce and market the regulated product in
Alberta, and

     (b)  for the purpose of section 9(1)(b), (c), (d), (e), (f), (g) and
(i), (2)(f), (i), (k), (l), (n), (o), (q), (r), (u), (v) and (w) and (3),
to processors,

but does not apply to an exempt producer.

(2)  Notwithstanding subsection (1), where an exempt producer markets the
producer's regulated product through a processor, this Plan and any
regulations made in respect of this Plan respecting the payment of levies
and service charges apply to that producer and to that regulated product.

(3)  No person shall possess, whether by ownership or otherwise,  more than
300 hens except in accordance with this Plan and regulations made in
respect of this Plan.

(4)  The Board may exempt the owner of an approved hatchery supply flock
pursuant to the Hatchery Supply Flock Approval Regulation (AR 394/86) or
successors to that Regulation from regulations made by the Board.

(5)  If the Board exempts an owner under subsection (4), the owner may sell
the regulated product in accordance with an exemption granted by the Board.

(6)  The Board may refuse to exempt an owner under subsection (4) if, in
the Board's opinion,

     (a)  the owner does not have a confirmed market for the owner's
hatching eggs,

     (b)  the marketing of the regulated product by the owner will
adversely affect marketing the regulated product in Alberta, or

     (c)  the exemption would place the Board in a position of
non-compliance with the Federal-Provincial Agreement.

(7)  The Board may exempt a research facility from this Plan or part of
this Plan or any regulation or part of any regulation made by the Board in
respect of this Plan.


Purpose of Plan
6   The purpose of the Plan is to provide for the effective promotion,
control and regulation in all respects of the production and marketing of
the regulated product in Alberta, and without limitation, to accomplish the
following:

     (a)  to establish quotas for the production and marketing of the
regulated product;

     (b)  to establish quotas for the possession of hens;

     (c)  to maintain a fair and stabilized price for the regulated
product;

     (d)  to develop and maintain the orderly marketing of the regulated
product;

     (e)  to provide a uniform, high quality of the regulated product for
the market;

     (f)  to provide for the initiation, support and conduct of
promotional activities in respect of the production, marketing and
processing of the regulated product;

     (g)  to ensure a continuous, year-round supply of the regulated
product;

     (h)  to work with any organization that has similar objectives to
those of the Board;

     (i)  to acquire as principal, the regulated product produced in
Alberta and dispose of the regulated product through whatever means the
Board considers expedient;

     (j)  to provide for the prohibition of production or marketing of
the regulated product in whole or in part where the regulated product is
not marketed under or pursuant to a quota.


     Division 2
     Administration of Plan by Board

Board continued
7   The Alberta Egg Producers Board is hereby continued.


Functions of the Board
8   The Board

     (a)  subject to the Act, is responsible for the operation,
regulation, supervision and enforcement of this Plan;

     (b)  shall

               (i)  open one or more accounts in a bank, trust company,
treasury branch, credit union or other depository, and

               (ii) designate those officers, employees and other
persons necessary to sign cheques and transact the Board's business with
its bank, trust company, treasury branch, credit union or other depository;

     (c)  shall cause books and records, including financial records, to
be maintained

               (i)  from time to time as may be required under the Act,
the regulations or by order of the Council, or

               (ii) as may be determined by the Board;

     (d)  shall open its books and records for inspection at all
reasonable times at the office of the Board on the written request of

               (i)  5 registered producers, or

               (ii) any member of the Council;

     (e)  shall maintain an office and notify each registered producer,
each processor and the Council of the location of the office;

     (f)  may appoint officers and agents, prescribe their duties and fix
and provide for their remuneration;

     (g)  may

               (i)  enter into an operating line of credit or other
loan agreement with its bank, trust company, treasury branch, credit union
or other lending institution, and

               (ii) designate those officers, employees and other
persons as are necessary to transact the Board's business;

     (h)  may, subject to the Act, the regulations and any orders of the
Council, issue general orders governing the Board's internal operation as
it may from time to time determine;

     (i)  may become a member of any organization that promotes the
interests of producers;

     (j)  may contribute funds to any organization that promotes the
interests of producers;

     (k)  may, in accordance with section 50 of the Act, with respect to
the production or marketing, or both, of the regulated product, be
authorized to perform any function or duty and exercise any power imposed
or conferred on the Board by or under any Canada Act.


Regulations to operate Plan
9(1)  For the purposes of enabling the Board to operate this Plan, the
Board may be empowered by the Council, pursuant to 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, markets or processes the
regulated product to furnish to the Board any information or record
relating to the production, marketing or processing 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, marketing and processing, or any one or
more of those functions, of the regulated product;

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

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

     (f)  providing for

               (i)  the assessment, charging and collection of service
charges and licence fees, as the case may be, from producers from time to
time for the purposes of this Plan, and

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

     (g)  requiring any person who receives the 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, and

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

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

     (i)  requiring persons who produce, market or process 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;

     (k)  permitting the Board to exercise any one or more powers that
are vested in a co-operative association under the Co-operative
Associations Act.

(2)  For the purposes of enabling the Board to operate this Plan, the Board
may be empowered by the Council, pursuant to section 27(1) of the Act, to
make regulations

     (a)  requiring that the production or marketing, or both, of the
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 the
regulated product on any basis the Board considers appropriate;

     (c)  governing the transferability or non-transferability of quotas
and prescribing the conditions and procedure applicable to the transfer of
quotas, if any, that the Board considers appropriate;

     (d)  establishing

               (i)  a formula for determining the amount or number of
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 purpose of determining the amount of 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 this Plan to furnish to the Board any information requested
by the Board;

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

     (h)  requiring a producer who produces the 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 a 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

               (i)  any agricultural product, or

               (ii) the regulated 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,
grade, size or kind of the regulated product and determining different
prices for different parts of Alberta;

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

     (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
disbursement and expenses with respect to the operation of the pool;

     (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 the 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 the regulated product
from producing or marketing, as the case may be, any regulated product;

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

     (u)  prohibiting any person from purchasing or otherwise acquiring
from a producer any regulated product 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
regulated product that has not been sold by or through the Board or a
designated agency.

(3)  For the purposes of enabling the Board to operate this Plan, the Board
may be empowered by the Council, pursuant to section 27(2) of the Act, to
make regulations

     (a)  governing any agricultural product that is not the regulated
product in the same manner as if that agricultural product was the
regulated product under this Plan;

     (b)  governing, with respect to any agricultural product that is not
the regulated product, the producers of the regulated product under this
Plan in the same manner as if that agricultural product was the regulated
product under this Plan;

     (c)  establishing and governing a formula for determining the amount
or number of the regulated product produced or deemed to have been produced
from any agricultural product that is not the regulated product.


Financing of Plan
10   In accordance with the regulations, this Plan shall be financed

     (a)  by the charging and collection of service charges, licence fees
and levies from registered producers, and

     (b)  by any other money payable to or received or accrued by the
Board.


Remuneration
11   Any change in the amount of remuneration to be paid to the Chairperson
of the Board and to the other members of the Board shall be fixed by a vote
of the registered producers at an annual meeting or special meeting of the
registered producers.


Auditor
12   The auditor for the Board shall be appointed at each annual meeting.


Indemnifica-tion fund, etc.
13   The Board may establish and operate funds under sections 34 and 35 of
the Act.


Funding of indemnification fund, etc.
14(1)  The Board may, subject to the Act and the regulations, assess,
charge and collect amounts required for the maintenance and operation of
the funds referred to in section 13 from the producers under this Plan.

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

(3)  If

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

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

the producer shall, on the application to the Board for an exemption, be
exempted from making payment under subsection (1).

(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.


     PART 2

     GOVERNANCE OF PLAN

     Division 1
     Board

Members of Board
15(1)   The Board shall be made up of 6 members elected in accordance with
this Plan.

(2)  Subject to section 33, the election of members of the Board shall be
conducted at the annual meeting.


Chairperson
16   The members of the Board shall, at their first meeting following each
election of members to the Board, elect from the members of the Board, one
member to serve as Chairperson of the Board and one member to serve as
Vice-chairperson.


Board meetings
17   The Board may, at the call of the Chairperson or 3 other members of
the Board, conduct meetings of the members of the Board.


Quorum
18   The quorum for a meeting of the Board is a majority of the members of
the Board.


Term of office
19(1)   Each member of the Board shall be elected for a term of 3 years.

(2)  The term of office of a member

     (a)  commences on the conclusion of the annual meeting during which
the member was elected, and

     (b)  expires on the conclusion of the annual meeting that takes
place in the year that the member's term of office is to expire.

(3)  A person shall not serve as a member of the Board for more than 6
consecutive years, and if the person serves for 6 consecutive years, that
person is not eligible to serve again as a member of the Board until one
year has expired following the expiry of that person's last term.

(4)  A person may be nominated for election to the Board if that person

     (a)  is a registered producer, and

     (b)  has consented to the nomination.

(5)  Nominations for the purpose of an election may be received from the
floor at the annual meeting of the Board.


Removal from office
20   A member of the Board is disqualified from continuing to act as a
member if that person

     (a)  ceases to be a registered producer, in which case that person
shall forthwith tender that person's resignation to the Board;

     (b)  has been found to be of unsound mind by a court in Canada or
elsewhere;

     (c)  is a bankrupt;

     (d)  is, without the approval of the Board, which can be given
before or after the absence occurs, absent for 3 consecutive meetings of
the Board.


Vacancy
21(1)  If a vacancy occurs on the Board, the Board may, subject to  section
19(3) and with the Council's approval, appoint from among its registered
producers an individual to act as a member until the date of the next
annual meeting.

(2)  If the Board is unable to fill the vacancy from among registered
producers who are eligible to serve as a member of the Board, the Board may
in writing petition the Council requesting that a special exemption be
granted by the Council allowing a registered producer who is ineligible by
virtue of section 19(3) to be appointed by the Board to act as a member to
serve until the date of the next annual meeting.

(3)  Where a vacancy on the Board is filled under subsection (1) or (2),
that position on the Board shall at the next annual meeting be declared
vacant and shall be filled by means of an election held in accordance with
this Plan.

(4)  A person elected as a member of the Board pursuant to subsection (3)
shall hold office for the unexpired portion of the term.

(5)  Where a person is appointed to act as a member of the Board under
subsection (2), nothing in this section shall be construed so as to allow
that registered producer to be eligible to serve for another year following
the year in which the person was appointed.


     Division 2
     Meetings of Producers

Annual meetings
22   Annual meetings of the registered producers shall be held once in each
calendar year and not more than 15 months may elapse between annual
meetings.


Special meetings
23   Special meetings of the registered producers

     (a)  may be called by the Board at any time, and

     (b)  shall be called by the Board on the written request of the
Council or of 25 or more registered producers.


Time, place and date of meetings
24   The Board shall set the time, place and date of any annual meeting and
of any special meeting.


Notification of meetings
25(1)  The Board shall, not less than 14 days prior to an annual meeting or
a special meeting, send to all the registered producers written notice of
the meeting setting out

     (a)  the time, date, location and purpose of the meeting, and

     (b)  if special business is to be transacted at the meeting, the
nature of the business.

(2)  Any notice given under subsection (1) may be conveyed to a registered
producer

     (a)  by ordinary mail mailed to the last known address of the
registered producer as shown on the records of the Board, or

     (b)  by facsimile, e-mail or other electronic means to be received
at the last fax number, e-mail address or other electronic receiving number
of the registered producer as shown on the records of the Board.


Quorum
26   The quorum for an annual meeting or special meeting is 25 registered
producers.


     Division 3
     Eligibility, Voting and Elections

Registered producers who are individuals
27(1)  A registered producer who is an individual may, subject to this
Plan,

     (a)  make representations on any matter pertaining to this Plan,

     (b)  attend meetings held under this Plan,

     (c)  vote on any matter under this Plan,

     (d)  vote at an election under this Plan, and

     (e)  hold office under this Plan.

(2)  An individual who is a producer shall not cast a vote under this Plan
unless that person's name appears on the current list of registered
producers.


Registered producers that are not individuals
28(1)  This section only applies in respect of a registered producer that
is not an individual.

(2)  If a registered producer is not an individual and

     (a)  makes representations on any matter pertaining to this Plan,

     (b)  attends meetings held under this Plan,

     (c)  votes on any matter under this Plan,

     (d)  votes at an election under this Plan, or

     (e)  holds office under this Plan,

the registered producer shall do so in accordance with this section.

(3)  A registered producer to which this section applies shall appoint an
individual to be the representative of the registered producer.

(4)  A representative appointed by a registered producer under this section
shall

     (a)  represent the registered producer in any matter pertaining to
the Plan,

     (b)  attend meetings on behalf of the registered producer, and

     (c)  vote and hold office, as the case may be, on behalf of the
registered producer.

(5)  An appointment of a representative under this section shall

     (a)  be in writing, and

     (b)  in the case where a vote is to be taken at a meeting, be filed
with the returning officer prior to when a vote is to take place.

(6)  An individual who is a representative of a registered producer shall
not cast a vote under this Plan unless that individual

     (a)  presents a document signed by the registered producer
indicating the name of the individual who may vote for the registered
producer, or

     (b)  makes a statutory declaration in writing stating that the
individual

               (i)  is a representative of the registered producer, and

               (ii) has not previously voted in the election or on the
matter in respect of which the individual wishes to cast a vote.

(7)  A statutory declaration made under subsection (6)(b) shall be made in
writing and provided to the returning officer or the deputy returning
officer prior to the vote being cast.

(8)  An individual may not be a representative under this section for more
than one registered producer.

(9)  An individual who is a representative shall not vote or hold office
before the individual's appointment is filed in accordance with subsection
(5).


Eligibility re voting
29(1)  A person is entitled to vote

     (a)  on any question put to a vote at an annual meeting or special
meeting, or

     (b)  in an election for a member,

if the person

     (c)  is a registered producer or representative of a registered
producer, and

     (d)  is present at the annual meeting or special meeting.

(2)  A registered producer who is eligible to vote may vote once on each
matter notwithstanding that the registered producer may manage or operate
or own, lease or hold equity in 2 or more operations that are registered
separately with the Board.


Election results
30   In the case of an election under this Plan,

     (a)  the candidate receiving the largest number of votes in the
election is the person who is elected to the position for which the
election is held;

     (b)  if only one person is nominated for the position that is to be
filled, that person is deemed to have been elected to the position;

     (c)  if there are more than 2 nominations for the position and a tie
vote occurs between 2 or more of the candidates that received the largest
number of votes, the candidates with the smaller number of votes shall be
eliminated and a 2nd election for the position shall be immediately held
among the tied candidates;

     (d)  if there are only 2 nominations for the position and a tie vote
occurs, the returning officer shall immediately select, by draw, the
candidate for the position and that person is deemed to have been elected
to the position.


Returning officer
31(1)  Subject to subsection (2), the General Manager of the Board shall be
the returning officer for the purposes of an election or vote taken under
this Plan.

(2)  The Board may appoint an individual other than the General Manager to
act as returning officer for the purposes of an election or vote taken
under this Plan.

(3)  The returning officer may appoint individuals as deputy returning
officers to assist in the conduct of elections and votes under this Plan.

(4)  The returning officer shall

     (a)  ensure that a person does not cast a vote except in accordance
with this Plan, and

     (b)  permit scrutiny of the actions of the returning officer and of
the deputy returning officers by a scrutineer in respect of the conduct of
a vote taken under this Plan.

(5)  Unless otherwise directed by the Council, no returning officer or
other person shall destroy any records or ballots in respect of a vote or
election held under this Plan until 90 days have elapsed from the date the
vote was taken.


Result of invalid election
32(1)  If an election is held under this Plan and there is in attendance at
the meeting at which the election is held an insufficient number of
individuals who are eligible to vote at the election,

     (a)  the election is void, and

     (b)  the position for which the election was held is vacant.

(2)  Notwithstanding that a position is vacant by reason of subsection (1),
the term of office of the position is deemed to have commenced as if an
individual had been elected to the position.


Controverted election
33(1)  If a registered producer

     (a)  questions

               (i)  the eligibility of a candidate,

               (ii) the eligibility of a voter,

               (iii)     any matter relating to a ballot or the tabulation
of ballots, or

               (iv) any other irregularity with respect to the conduct
of an election,

     and

     (b)  seeks to have the election declared invalid and the position
declared vacant,

that person shall, not later than 30 days after the date of the election,
apply in writing to the Council to have the election declared invalid and
the position declared vacant.

(2)  If, within the 30-day period referred to in subsection (1), the
Council has not received an application under subsection (1), a person
elected at that election is deemed to be duly elected.

(3)  The Council shall not consider an application under subsection (1)
that is not received by the Council within 30 days after the date of the
election.

(4)  On receipt of an application under subsection (1), the Council shall
consider the matter and may

     (a)  declare the election to be proper and the position filled if,
in the opinion of the Council, there is no basis for the application,

     (b)  declare the election to be proper and the position filled
notwithstanding that there is a basis for the application if, in the
opinion of the Council, 

               (i)  the basis for the application did not materially
affect the result of the election, and

               (ii) the election was conducted substantially in
accordance with this Plan and the Act,

     or

     (c)  declare the election to be void and the position vacant if, in
the opinion of the Council, there is a basis for the application and the
basis is sufficient to or did affect the result of the election.

(5)  Notwithstanding that an election is declared void and a position is
declared vacant under subsection (4)(c), the term of office of the position
declared vacant is deemed to have commenced on the date that the election
that was declared void was held.

(6)  Notwithstanding section 21, if the Council declares an election to be
void and the position vacant, the Council shall

     (a)  order that, within the time that Council considers proper, a
special meeting be held and an election conducted to fill the vacant
position, or

     (b)  have the Board appoint, from among individuals who are eligible
to be elected to the position, an individual to fill the vacant position in
accordance with section 21.

(7)  A person elected under subsection (6)(a) shall hold office for the
unexpired portion of the term.

(8)  A person appointed under subsection (6)(b) shall hold office until the
next annual meeting following the appointment, at which time the person
ceases to hold office and an election shall be held to fill the office for
the unexpired portion of the term.


     PART 3

     REVIEW, TRANSITIONAL PROVISION AND REPEAL

Review
34   In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before December 31, 2002.


Transitional
35   Where a person is a member of the Board immediately before the coming
into force of this Regulation, that person shall continue to be a member of
the Board under this Regulation.


Repeal
36   Alberta Regulation 338/91 is repealed.


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

     Alberta Regulation 259/97

     Marketing of Agricultural Products Act

     TURKEY PRODUCERS MARKETING PLAN REGULATION

     Filed:  December 10, 1997

Made by the Lieutenant Governor in Council (O.C. 610/97) pursuant to
sections 23 and 54.1 of the Marketing of Agricultural Products Act.


     Table of Contents

Interpretation 1
Designation of agricultural product     2

     Part 1
     General Operation of Plan

     Division 1
     Plan

Plan continued 3
Termination of Plan 4
Application of Plan 5
Purpose and intent of Plan    6

     Division 2
     Administration of Plan by the Board

Board continued     7
Functions of Board  8
Regulations to operate Plan   9
Financing of Plan   10
Remuneration   11
Appointment of an auditor     12
Interprovincial matters  13
Indemnification funds    14

     Part 2
     Governance of Plan

     Division 1
     Board

Members of the Board     15
Chair, etc.    16
Quorum at Board meetings 17
Term of office 18
Vacancy   19

     Division 2
     General Meetings of Producers

Annual general meetings  20
Special general meetings 21
Time, date and place of general meetings     22
Quorum at general meetings    23
Notification of general meetings   24

     Division 3
     Eligibility, Voting and Elections

Producers who are individuals 25
Producers that are not individuals 26
Voting    27
Voting to take place at meetings   28
Voters list    29
Eligibility re Board member   30
Nominations    31
Elections 32
Election by acclamation  33
Returning officer   34
Duties of returning officer   35
Invalid election re attendance at meeting    36
Controverted election    37

     Part 3
     Transitional, Review and Repeal

Transitional   38
Review    39
Repeal    40


Interpretation
1(1)  In this Regulation,

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

     (b)  "base quota" means the quota for any category of turkey that
was originally allocated to a producer on that producer's first application
to the Board for an allocation of quota, as amended from year to year;

     (c)  "Board" means the Board known as the Alberta Turkey Producers
referred to in section 7;

     (d)  "category" means any category of turkey referred to in section
8(4);

     (e)  "consumer" means a person who purchases turkey for consumption
and not for resale;

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

     (g)  "family" means, in respect of a person, that person's husband,
wife, common-law husband, common-law wife,  father, mother, son, daughter,
brother, sister, son-in-law, daughter-in-law, father-in-law, mother-in-law,
grandfather and grandmother;

     (h)  "hatcheryman" means a person who holds a licence authorizing
that person to distribute, import, export and sell turkey poults to a
producer;

     (i)  "period" means a subset of continuous months based on either a
quota or calendar year, as established by the Board;

     (j)  "periodic production" means marketing of quota of a specified
category of turkeys in any of the periods established by the Board;

     (k)  "person" means a person as defined in the Interpretation Act
and includes

               (i)  a partnership as defined in the Partnership Act;

               (ii) any unincorporated organization that is not a
partnership referred to in subclause (i);

               (iii)     any group of individuals who are carrying on an
activity for a common purpose and are neither a partnership referred to in
subclause (i) nor an unincorporated organization referred to in subclause
(ii);

     (l)  "Plan" means the Turkey Producers Marketing Plan referred to in
section 3;

     (m)  "processor" means a person who holds a licence authorizing him
to process turkeys;

     (n)  "producer" means a person who

               (i)  holds a licence authorizing that person to produce
turkeys,

               (ii) has been allocated a quota or a permit, or both or
alternatively is a lessee pursuant to the provisions of the regulations,
during a calendar year or a period, and

               (iii)     owns and operates a production facility in Alberta
or leases and operates a production facility in Alberta on a basis whereby
he receives the revenue from the production facilities;

     (o)  "production facility" means the buildings and improvements in
which turkeys are produced and the land on which those buildings and
improvements are located;

     (p)  "quota" means the maximum live weight in kilograms of any
category of turkey that a producer is authorized to market in a calendar
year or a period and is the product of

               (i)  the base quota of that category of turkey allocated
to the producer, and

               (ii) the percentage established by the Board for that
calendar year or period;

     (q)  "regulated product" means turkeys;

     (r)  "turkey" means any turkey, male or female, live or slaughtered,
of any size and includes any part of any turkey.

(2)  Any reference in this Plan

     (a)  to a class, variety, size, grade or kind of turkeys includes a
reference to a category of turkeys referred to in section 8,

     (b)  to the amount or number of turkeys includes a reference to the
weight of turkeys, and

     (c)  to a representative of a producer is a reference to a
representative of a producer appointed under section 26.


Designation of agricultural product
2   Turkeys are hereby designated as an agricultural product for the
purposes of the Act.


     PART 1

     GENERAL OPERATION OF PLAN

     Division 1
     Plan

Plan continued
3   The Turkey Growers Marketing Plan referred to in Alberta Regulation
375/88 is hereby amended and continued under this Regulation with the name
"Turkey Producers Marketing Plan".


Termination of Plan
4   This Plan does not terminate at the conclusion of a specific period of
time and shall remain in force, unless otherwise terminated pursuant to the
Act.


Application of Plan
5(1)  This Plan applies

     (a)  to all of Alberta, and

     (b)  to all persons who produce, sell, process or market turkeys and
to all kinds and grades of turkeys.

(2)  Notwithstanding subsection (1), this Plan does not apply to a person
who produces turkeys if

     (a)  the person is ordinarily resident on the land on which the
production facility in which the turkeys are produced is situated,

     (b)  the person produces not more than 300 turkeys in a calendar
year on the land on which that person is ordinarily resident, and

     (c)  the turkeys are

               (i)  consumed or intended to be consumed by the person
or that person's family, or

               (ii) sold or intended to be sold to consumers by the
person

                         (A)  from the land referred to in clause
(a),

                         (B)  from land that is adjacent to the land
referred to in clause (a), or

                         (C)  from a stall at a public market.


Purpose and intent of Plan
6   The purpose and intent of this Plan is to provide for the effective
promotion, control and regulation, in any and all respects and to the
extent of the powers vested in the Board, of the production, marketing and
processing of turkeys in Alberta including the prohibition in whole or in
part of processing or marketing of turkeys in Alberta and, without limiting
the generality of the foregoing,

     (a)  to maintain a fair and stabilized price for turkeys,

     (b)  to develop and maintain the orderly marketing of turkeys,

     (c)  to provide a uniform, high quality of turkeys for the market,

     (d)  to maintain adequate advertising and promotion of turkeys,

     (e)  to ensure a continuous year-round supply of turkeys for the
trade and consumer market, and

     (f)  to work with marketing boards having similar objectives that
may be established in other provinces.


     Division 2
     Administration of Plan by the Board

Board continued
7   The board known as the "Alberta Turkey Growers Marketing Board" is
hereby continued with the name "Alberta Turkey Producers".


Functions of Board
8(1)  The Board is, subject to the Act, responsible for the operation,
regulation, supervision and enforcement of this Plan.

(2)  The Board

     (a)  shall

               (i)  open one or more bank accounts,

               (ii) designate those officers, employees and other
persons as necessary to sign cheques and transact the Board's business with
its bank or trust company or at Alberta Treasury Branches or another
depository, and

               (iii)     generally do all things incidental to or in
connection with the transaction of the Board's business with its bank or
trust company or at Alberta Treasury Branches or another depository;

     (b)  shall

               (i)  cause the books and records to be maintained that
may from time to time be required under the Act or by virtue of any order
of the Council or as may be determined by the Board, and

               (ii) open the books and records to inspection by any
licensed producer or member of the Council at the offices of the Board on 5
days' written notice;

     (c)  shall

               (i)  maintain the books of accounts, receipts, ledgers,
journals, operating statements and financial statements that may be
required by the Act or any order of the Council or as may be determined by
the Board, and

               (ii) open the books of accounts and financial records to
inspection by any licensed producer or member of the  Council at any time
on 5 days' written notice to the Board;

     (d)  shall maintain an office and notify each licensed producer,
licensed processor, licensed hatcheryman and the Council of the location of
the office;

     (e)  may issue any general orders governing its internal operations
as it may from time to time determine, subject to compliance with the Act,
the regulations and any order of the Council;

     (f)  may appoint officers and agents, prescribe their duties and fix
and provide for their remuneration.

(3)  In carrying out the operation of the Plan, the Board may

     (a)  issue or renew a licence;

     (b)  refuse to issue or renew a licence;

     (c)  suspend or cancel a licence;

     (d)  issue a permit;

     (e)  allocate, transfer, reduce or cancel a quota or a base quota;

     (f)  determine the quota that may be marketed by producers in a
calendar year or a period and provide for periodic production;

     (g)  set minimum prices to be paid to producers for any category of
turkey;

     (h)  collect service charges and penalties;

     (i)  ensure a continuous supply of turkeys in Alberta.

(4)  The Board may classify turkeys into categories and in so doing may
establish the following categories:

     (a)  light breed turkeys being turkeys of a weight or within a range
of weight as determined by the Board;

     (b)  heavy breed turkeys being turkeys of a weight or within a range
of weight as determined by the Board;

     (c)  mature turkeys being

               (i)  any female turkey that has laid eggs, or

               (ii) any male turkey that has produced semen,

          and that is not less than 28 weeks of age at the time of
slaughter.

(5)  Notwithstanding subsection (4), the Board may delete or add to the
number or type of categories of turkeys based on any criteria that the
Board considers appropriate.


Regulations to operate Plan
9(1)  For the purposes of enabling the Board to operate this Plan, the
Board may be empowered by the Council, pursuant to section 26 of the Act,
to make regulations

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

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

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

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

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

     (f)  providing for

               (i)  the assessment, charging and collection of service
charges and licence fees, as the case may be, from producers from time to
time for the purposes of this Plan, and

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

     (g)  requiring any person who receives turkeys 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, and

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

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

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

(2)  For the purposes of enabling the Board to operate this Plan, the Board
may be empowered by the Council, pursuant to section 27(1) of the Act, to
make regulations

     (a)  requiring that the production or marketing, or both, of turkeys
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
turkeys on any basis the Board considers appropriate;

     (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 amount or number of
turkeys 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 turkeys 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 turkeys 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 turkeys to a producer under
this Plan to furnish to the Board any information requested by the Board;

     (g)  determining the quantity of each class, variety, size, grade
and kind of turkeys that shall be produced or marketed, or both, by each
producer;

     (h)  directing, controlling or prohibiting, as the case may be, the
production or marketing, or both, of turkeys or any class, variety, size,
grade or kind of turkeys in such manner as the Board considers appropriate;

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

     (j)  determining from time to time the minimum price or prices that
shall be paid to producers for turkeys or any class, variety, grade, size
or kind of turkeys and determining different prices for different parts of
Alberta;

     (k)  governing

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

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

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

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

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

     (o)  prohibiting any person from purchasing or otherwise acquiring
any turkeys from a person to whom a quota has not been fixed and allotted
for the production or marketing, or both, of turkeys.

(3)  For the purposes of enabling the Board to operate this Plan, the Board
may be empowered by the Council, pursuant to section 27(2) of the Act, to
make regulations

     (a)  governing any agricultural product that is not the regulated
product in the same manner as if that agricultural product was the
regulated product under this Plan;

     (b)  governing, with respect to any agricultural product that is not
the regulated product, the producers of the regulated product under this
Plan in the same manner as if that agricultural product was the regulated
product under this Plan;

     (c)  establishing and governing a formula for determining the amount
or number of the regulated product produced or deemed to have been produced
from any agricultural product that is not the regulated product.


Financing of Plan
10   In accordance with the regulations, this Plan shall be financed by the
charging and collection of service charges, licence fees and levies.


Remuneration
11   The remuneration to be paid to the chair of the Board and to the other
members of the Board shall be fixed by the licensed producers at an annual
meeting of the Board or at any special general meeting of the licensed
producers.


Appointment of an auditor
12   The auditor for the Board shall be appointed by the licensed producers
at the annual meeting or at any special general meeting of the licensed
producers.


Interprovincial matters
13   In accordance with section 50 of the Act, the Board may,

     (a)  with respect to the production or marketing, or both, of the
regulated product, be authorized to perform any function or duty and
exercise any power imposed or conferred on the Board by or under a Canada
Act, and

     (b)  with respect to any function or duty that the Council has
authorized the Board to carry out under the Act or the regulations, be
authorized to delegate that function or duty to a Canada Board.


Indemnifica-tion funds
14(1)   The Board may establish one or more funds under section 34 or 35 of
the Act.

(2)  In order to finance the funds, the Board may raise amounts in
accordance with sections 34 and 35 of the Act.


     PART 2

     GOVERNANCE OF PLAN

     Division 1
     Board

Members of the Board
15   The Board shall consist of 5 members.


Chair, etc.
16   The members of the Board shall, within 30 days of each election of
members to the Board, elect from the members of the Board

     (a)  one person to serve as chair of the Board, and

     (b)  one person to serve as vice-chair of the Board.


Quorum at Board meetings
17   A quorum at any meeting of the Board is 3 members of the Board.


Term of office
18(1)  The term of office of a person who has been elected to the Board is
3 years.

(2)  Notwithstanding subsection (1), a member of the Board holds office
until that member's successor is elected or otherwise chosen.

(3)  A member of the Board may serve not more than 2 consecutive terms.

(4)  Notwithstanding subsection (3), with the approval of the Council and
the producers a member of the Board may be permitted to serve as a member
of the Board for one additional year in order to enable the Board to
fulfill commitments to the Canada Board.


Vacancy
19(1)  If a vacancy occurs on the Board, the Board may, with the approval
of the Council, appoint from among the persons who are eligible to be
elected to the Board a person to act as a member until the date of the next
annual general meeting of the producers.

(2)  At the next annual producer meeting following the appointment of a
person under subsection (1), the position shall be filled by an election
held in accordance with this Plan for the unexpired portion of the term.


     Division 2
     General Meetings of Producers

Annual general meetings
20(1)  The Board shall hold an annual general meeting of the producers once
in each calendar year.

(2)  Not more than 15 months may elapse between annual general meetings of
the producers.


Special general meetings
21   Special general meetings of the producers

     (a)  may be called by the Board at any time, or

     (b)  shall be called by the Board on the written request of the
Council or of 10 or more producers.


Time, date  and place of general meetings
22   Subject to sections 20 and 21, the time, date and location of an
annual general meeting or a special general meeting of producers shall be
fixed by the Board.


Quorum at general meetings
23   A quorum at any annual or special general meeting of the  producers is

     (a)  15 producers, or

     (b)  10% of the producers, 

whichever is the greater.


Notification of general meetings
24(1)  Where an annual general meeting or a special general meeting of
producers is to be held, the Board shall give 14 days' notice of the
meeting to each producer who is entitled to vote under this Plan by
forwarding the notice by ordinary mail to the producer at the latest
address for the producer as shown on the records of the Board.

(2)  For the purposes of subsection (1), the 14-day period for giving
notice is exclusive of the day on which the notice is mailed and exclusive
of the day for which the notice is given.

(3)  A notice given under this section must set out

     (a)  the time, place, date and the purpose of the meeting, and

     (b)  where special or extraordinary business is to be considered at
the meeting, the general description of that business.


     Division 3
     Eligibility, Voting and Elections

Producers who are individuals
25(1)  A producer who is an individual may, subject to this Plan,

     (a)  make representations on any matter pertaining to this Plan or
the operation of the Board,

     (b)  attend meetings held under this Plan,

     (c)  vote on any matter under this Plan,

     (d)  vote at an election under this Plan, and

     (e)  hold office under this Plan.

(2)  Where a person is an agent of a producer who is an individual, that
agent is not eligible under this Plan to do the following on behalf of that
producer:

     (a)  vote on any matter under this Plan;

     (b)  vote at an election under this Plan;

     (c)  hold office under this Plan.

(3)  An individual who is a producer shall not in that individual's
capacity as a producer vote in an election or on any matter under this Plan
unless

     (a)  the individual's name appears on the current voters list, or

     (b)  the individual makes a statutory declaration stating that the
individual

               (i)  is a producer, and

               (ii) has not previously voted in the election or on the
matter in respect of which the individual wishes to cast a vote.

(4)  Notwithstanding subsection (1), if an individual is both

     (a)  a producer in that individual's own capacity, and

     (b)  appointed under section 26 as a representative of a producer
that is not an individual,

that individual, during the time that the individual is a representative of
a producer under section 26, shall not

     (c)  vote on any matter under this Plan,

     (d)  vote at an election under this Plan, or

     (e)  hold office under this Plan,

in that individual's own capacity as a producer and may only carry out
those functions as the representative of the producer appointed under
section 26.


Producers that are not individuals
26(1)  A producer that is not an individual must appoint an individual to
be the representative of the producer, and the appointed individual may do
the following on behalf of that producer:

     (a)  make representations on any matter pertaining to this Plan or
the operation of the Board;

     (b)  attend meetings held under this Plan;

     (c)  vote on any matter under this Plan;

     (d)  vote at an election under this Plan;

     (e)  hold office under this Plan.

(2)  For the purpose of subsection (1), if a producer is

     (a)  a corporation, it must appoint an individual who is a director,
shareholder, member, officer or employee of the corporation as its
representative,

     (b)  a partnership, it must appoint an individual who is a partner
or employee of the partnership as its representative, or

     (c)  an organization that is not a corporation or partnership, it
must appoint a member, officer or employee of the organization as its
representative.

(3)  An appointment of a representative under this section must

     (a)  be in writing and set forth at least the name of the
representative of the producer, and

     (b)  be filed with the Board.

(4)  A representative of a producer shall not cast a vote under this Plan
unless

     (a)  the producer's name appears on the current voters list, and

     (b)  that representative, before the vote is cast, provides a copy
of the document filed under subsection (3) or of the statutory declaration
under subsection (6).

(5)  If the requirements of subsection (3) or (4)(a) have not been met, an
individual who is the representative of the producer may nevertheless cast
a vote under this Plan if that individual, before the vote is cast, makes a
statutory declaration in writing stating that the individual

     (a)  is the representative of the producer, and

     (b)  has not previously voted in the election or on the matter in
respect of which the vote is to be taken.

(6)  The statutory declaration referred to in subsection (5) must, 

     (a)  in the case of an election, be provided to or made before the
returning officer or deputy returning officer, or

     (b)  in the case of a vote other than an election, be provided to or
made before a director or officer of the Board.

(7)  An individual shall not be a representative under this section for
more than one producer at any one time.

(8)  A representative is not eligible to hold office under this Plan on
behalf of the producer until the representative's appointment is filed in
accordance with subsection (3).

(9)  A producer that is a person other than an individual shall not carry
out the functions referred to in subsection (1) except in accordance with
this section.


Voting
27(1)  A person shall not vote under this Plan except in accordance with
this Plan.

(2)  A producer who is eligible to vote may

     (a)  vote once on each matter, and

     (b)  in the case of an election of a member of the Board, vote for
any number of candidates not exceeding the number of members to be elected
to the Board at that meeting,

notwithstanding that the producer may manage or operate or own, lease or
hold equity in 2 or more operations that are registered separately with the
Board.


Voting to take place at meetings
28   Where a producer meets the requirements of this Plan in respect of
voting, that producer may cast a vote

     (a)  in an election of a member of the Board, or

     (b)  on any question put to a vote,

if the producer is present at the meeting at which the election or vote is
being held.


Voters list
29(1)  When an election to the Board is to be conducted, the returning
officer shall, not less than 30 days before the day on which the election
is to be conducted, prepare a list of the producers eligible to vote in the
election.

(2)  The voters list shall be available to any producer or producer's
representative for inspection before, during and after an election.


Eligibility re Board member
30(1)  A person is eligible to be elected to the Board if that person

     (a)  is a producer,

     (b)  has been nominated in accordance with section 31, and

     (c)  is not a processor of turkeys, a designated representative of a
processor of turkeys or a member of the board of directors of an
organization that processes turkeys.

(2)  A member of the Board is disqualified from continuing to act as a
member if that person

     (a)  ceases to be a producer,

     (b)  has been found to be of unsound mind by a court in Canada or
elsewhere,

     (c)  is a bankrupt, or

     (d)  is absent for 3 consecutive meetings of the Board, without the
approval of the Board.

(3)  For the purposes of subsection (2)(d), the Board's approval may be
given before or after the absence occurs.

(4)  A person who is ineligible to serve as a member of the Board under
section 18(3) becomes eligible to again serve on the Board as if that
person had never been a member of the Board one year after the date on
which that person's last term expired.


Nominations
31(1)  Nominations for candidates for election as members of the Board must

     (a)  be signed by at least 2 producers or producers' representatives
and by the nominee, and

     (b)  be delivered to the returning officer before the beginning of
the meeting at which the election is to be held.

(2)  Notwithstanding subsection (1), nominations from the floor shall be
accepted if

     (a)  the nominations are made and seconded by producers or
producers' representatives attending the meeting at which the election is
to be held, and

     (b)  the nominee

               (i)  is in attendance, and

               (ii) consents to the nomination.


Elections
32   Elections to the Board shall be conducted

     (a)  at the annual general meeting of producers, or

     (b)  at a special general meeting of producers, where the Council
directs under section 37 that an election be held.


Election by acclamation
33   If at the time that an election is to be conducted the number of
nominations received by the returning officer is equal to or is less than
the number of positions on the Board that are to be filled by that
election, those persons nominated shall be declared to be elected by
acclamation.


Returning officer
34(1)  The Board shall appoint a returning officer for elections and votes
taken under this Plan.

(2)  The returning officer may appoint persons as deputy returning officers
to assist in the conduct of elections and votes taken under this Plan.


Duties of returning officer
35(1)  The returning officer is responsible for all administrative
procedures relating to the conduct of an election or vote taken under this
Plan and shall

     (a)  prepare the voters list,

     (b)  ensure that each person who votes in an election is on the
voters list or has signed a declaration pursuant to sections 25(3) or
26(5), and

     (c)  permit scrutiny by any scrutineers appointed by candidates of
all the actions of the returning officer and deputy returning officers.

(2)  Unless otherwise directed by Council, neither the returning officer
nor any other person shall destroy any records or ballots in respect of a
vote or election held under this Plan until 60 days have elapsed from the
day the vote was taken.


Invalid election re attendance at meeting
36(1)  If an election is held under this Plan and there is in attendance at
the meeting at which the election is held an insufficient number of persons
who are eligible to vote at the election,

     (a)  the election is void, and

     (b)  the position for which the election was held is vacant.

(2)  Notwithstanding that a position is vacant pursuant to subsection (1),
the term of office of the position is deemed to have commenced as if a
person had been elected to the position.

(3)  Where a position is vacant pursuant to this section, the Board may,
with the approval of the Council, appoint a person who is eligible to be
elected to the Board as a member of the Board until the next annual
producer meeting, at which time an election shall be held for a member to
serve the balance of the term in accordance with this Plan.


Controverted election
37(1)  If a producer

     (a)  questions

               (i)  the eligibility of a candidate,

               (ii) the eligibility of a voter,

               (iii)     any matter relating to a ballot or the tabulation
of ballots, or

               (iv) any other irregularity with respect to the conduct
of an election,

     and

     (b)  seeks to have the election declared invalid and the position
declared vacant,

the producer shall, not later than 30 days after the day of the election,
apply in writing to the Council to have the election declared invalid and
the position declared vacant.

(2)  If, within 30 days after the day of an election, the Council has not
received an application under subsection (1), a person elected at that
election is deemed to be duly elected.

(3)  The Council shall not consider an application under subsection (1)
that is not received by the Council within 30 days after the day of the
election.

(4)  On receipt of an application under subsection (1), the Council shall
consider the matter and may

     (a)  declare the election to be proper and the position filled if,
in the opinion of the Council, there is no basis for the application,

     (b)  declare the election to be proper and the position filled,
notwithstanding that there is a basis for the application if, in the
opinion of the Council,

               (i)  the basis for the application did not materially
affect the result of the election, and

               (ii) the election was conducted substantially in
accordance with this Plan and the Act,

     or

     (c)  declare the election to be void and the position vacant if, in
the opinion of the Council, there is a basis for the application and the
basis is sufficient to or did affect the result of the election.

(5)  Notwithstanding that an election is declared void and a position is
declared vacant under subsection (4)(c), the term of office of the position
declared vacant is deemed to have commenced on the day that the election
that was declared void was held.

(6)  If the Council declares an election to be void and the position
vacant, the Council may either

     (a)  order that within the time that Council considers proper a
special producer meeting be held and an election conducted to fill the
vacant position, or

     (b)  have the Board appoint, from among the persons who are eligible
to be elected to the position, a person to fill the vacant position.

(7)  A person elected under subsection (6)(a) shall hold office for the
unexpired portion of the term.

(8)  A person appointed under subsection (6)(b) shall hold office until the
next annual producer meeting following the appointment, at which time the
person ceases to hold office and an election must be held to fill the
office for the unexpired portion of the term.


     PART 3

     TRANSITIONAL, REVIEW AND REPEAL

Transitional
38(1)  In this section,

     (a)  "new Plan" means the Plan as continued by this Regulation;

     (b)  "previous Plan" means the Turkey Growers Marketing Plan
Regulation (AR 375/88) as it read immediately before the coming into force
of this Regulation.

(2)  The persons who, immediately before the coming into force of this
Regulation, were members of the Board under the previous Plan shall, on the
coming into force of the new Plan, continue as members of the Board under
the new Plan until members of the Board are elected under the new Plan.


Review
39   In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before December 31, 2002.


Repeal
40   Alberta Regulation 375/88 is repealed.


     Alberta Regulation 260/97

     Apprenticeship and Industry Training Act

     GLASSWORKER TRADE AMENDMENT REGULATION

     Filed:  December 12, 1997

Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.


1   The Glassworker Trade Regulation (AR 129/94) is amended by this
Regulation.


2   The title to the Regulation is repealed and the following is
substituted:

     GLAZIER TRADE REGULATION


3   Section 1(c) is amended by adding "and that is known under this
Regulation as the trade of Glazier" after "Act".