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THE ALBERTA GAZETTE, PART II, JANUARY 15, 1998

     Alberta Regulation 261/97

     Mines and Minerals Act

     METALLIC AND INDUSTRIAL MINERALS AMENDMENT REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 641/97) pursuant to
section 5 of the Mines and Minerals Act.


1   The Metallic and Industrial Minerals Regulation (AR 66/93) is amended
by this Regulation.


2   The heading "PLACER MINING OPERATIONS" preceding section 4 is struck
out and "PLACER MINING LICENCES" is substituted.


3   Section 5(2)(b) is repealed and the following is substituted:

     (b)  the fee for an application prescribed in the General Regulation
(AR 163/84).


4   Section 8 is amended by adding ", without the prior written consent of
the lessee," after "shall not".


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

     (3)  The Minister shall refuse an application for a permit in respect
of the metallic and  industrial minerals in any part of the proposed
location of the permit that the applicant held under an agreement during
the 60-day period preceding the receipt of the application by the Minister.


6   Section 11(1) is repealed and the following is substituted:

Rights conveyed by permit
     11(1)  Subject to subsection (2), a permit grants in accordance with
the terms and conditions of the permit

               (a)  the exclusive right to explore for metallic and
industrial minerals that are the property of the Crown in right of Alberta
in the location;

               (b)  the right to remove metallic and industrial
minerals from the location for the purposes of assaying and testing and of
metallurgical, mineralogical or other scientific studies.


7   Section 13(3) is repealed and the following is substituted:

     (3)  Subject to subsection (1), the Minister may reduce the area of a
permit at any time during the term of the permit, if the permit holder
provides written instructions to the Minister indicating the area that is
to be deleted from the permit.


8   Section 14 is amended

     (a)  in subsection (1) by striking out "Subject to subsection (2),"
and substituting "Subject to subsections (2), (3) and (4),";

     (b)  in subsection (2) by striking out "the permit holder may apply
to the Minister to credit" and substituting "the Minister may, on the
direction of the permit holder, credit";

     (c)  by adding the following after subsection (2):

          (3)  If, during any 2-year period referred to in subsection
(1), a permit holder spends on assessment work on the location of the
permit less than the minimum amount required for that 2-year period in
accordance with subsection (1), the Minister shall, on application of the
permit holder, allow the permit holder to retain a part of the location in
respect of which, in the opinion of the Minister, the minimum spending
requirements under subsection (1) would have been met.

          (4)  The permit holder may, once during the term of the permit,
pay to the Minister the minimum amount specified for a 2-year period
referred to in subsection (1), instead of spending that amount during that
period in accordance with subsection (1).

          (5)  A permit holder who pays an amount in accordance with
subsection (4) is considered to have complied with the assessment work
requirements for the period in respect of which the payment is made.


9   Section 15(2) and (3) are repealed and the following is substituted: 

     (2)  An assessment work report submitted under subsection  (1) shall

               (a)  comply with the requirements for an assessment work
report set forth in Schedule 2,

               (b)  be accompanied by an authorization from the person
who prepared the report to copy or reproduce the report or any part of it
after the end of the one-year confidentiality period for the purpose
referred to in section 15.1(2), and

               (c)  be otherwise satisfactory to the Minister.

     (3)  If, in the Minister's opinion, an assessment work report
submitted under subsection (1) does not

               (a)  conform to the requirements of subsection (2),

               (b)  show adequate work for the 2-year period to which
the report relates, or

               (c)  show work that is adequate to support the statement
of expenditures for the 2-year period that is contained in the report,

     the Minister may

               (d)  require the permit holder to furnish or correct any
deficiencies in the assessment work report, or

               (e)  reject the assessment work report in whole or in
part and require the permit holder to submit another report or part of a
report for the relevant period within the time prescribed by the Minister.

     (4)  The permit holder is considered not to have complied with
section 14(1) or subsection (1) of this section until the permit holder
complies with the Minister's requirements under subsection (3).


10   The following is added after section 15:

Confidentiality of assessment work report
     15.1(1)  Subject to section 6 of the General Regulation (AR 163/84),
the Minister shall keep confidential any information and data contained in
an assessment work report for one year after the report is received by the
Minister.

     (2)  The Minister shall, at the end of the confidentiality period
referred to in subsection (1), make the assessment work report available to
the public.

     (3)  The Minister, in making an assessment report available under
subsection (2), may only recover the costs, including overhead, associated
with the copying or reproduction of the report.

Grouping of permits
     15.2(1)  Subject to this section, the Minister may, on application in
writing by a permit holder or his authorized representative, approve the
grouping of 2 or more permits held by the permit holder for the purpose of
being dealt with in accordance with sections 15.3 to 15.8, if the locations
of the permits proposed to be grouped are contiguous. 

     (2)  A permit may not be included in more than one group  at a time.

     (3)  The Minister may give an approval under subsection (1) subject
to any terms and conditions that the Minister may prescribe.

     (4)  If a permit holder intends that all or any of the matters
pertaining to grouped permits held by him that are referred to in sections
15.3 to 15.8 should be dealt with on his behalf by a representative, the
permit holder or that representative shall submit to the Minister a
document providing evidence satisfactory to the Minister of the
representative's authority to act on behalf of the permit holder in respect
of those matters.

Assessment work reports for groups
     15.3(1)   If permits are grouped pursuant to section 15.2(1), the
permit holder shall submit to the Minister an assessment work report for
the group that, in respect of each of the permits in the group, complies
with section 15(1), and

               (a)  describes the results of the assessment work
conducted on the land comprised within the group,

               (b)  contains a detailed statement of, and a statement
of the total of, the expenditures incurred in conducting that assessment
work, and

               (c)  indicates the permits or parts of permits within
the group that the permit holder or its authorized representative has
selected to retain.

     (2)  Sections 15 and 15.1 apply with the necessary modifications to
an assessment work report submitted in respect of permits that have been
grouped under section 15.2(1).

Retention of permits
     15.4(1)  The permit holder may retain the permits and parts of
permits indicated under section 15.3(1)(c) if the total expenditures
incurred in conducting assessment work as shown in the assessment work
report submitted under section 15.3(1)(b) equal or exceed the total of the
minimum spending requirements for those permits and parts of permits as
determined under section 14.

     (2)  The minimum spending requirement under section 14 for a permit
or part of a permit selected under section 15.3(1)(c) must be calculated on
the minimum spending requirement per hectare under section 14(1) for the
2-year period of that permit that is running at the time the assessment
work report is submitted under section 15.3.

Application of excess spending requirements
     15.5(1)  This section applies if the total expenditures incurred in
conducting assessment work as shown in the assessment work report submitted
under section 15.3 exceed the total of the minimum spending requirements
for the permits and parts of permits selected under section 15.3(1)(c) as
determined under section 15.4.

     (2)  The Minister may, on direction of the holder of the permits in
the group or its authorized representative, credit the excess against the
minimum spending requirements for any period of the permits and parts of
permits that is subsequent to the period referred to in section 15.4(2).

Expenditures of less than minimum requirements
     15.6(1)  This section applies if the total expenditures on locations
within the group as shown in the assessment work report submitted under
section 15.3 are less than the total of the minimum spending requirements
for the permits and parts of permits selected under section 15.3(1)(c) as
determined under section 15.4.

     (2)  The holder of the permits in the group or its authorized
representative may, on application to the Minister, retain a reduced area
of the permits or parts of permits for which, in the opinion of the
Minister, the total of the minimum spending requirements as determined
under section 15.4 equals the total expenditures on locations within the
group as shown in the assessment work report submitted under section 15.3.

Cancellation of permits in a group
     15.7   The Minister may cancel all the permits in a group  for a
failure to comply with section 15 or 15.3.

Amending of groupings
     15.8   A grouping may be amended if the holder of the permits in the
group or its authorized representative applies in writing to the Minister
to amend the grouping and the Minister approves the amendment.

Expiry of grouping
     15.9   A grouping under section 15.2(1) expires on the submission of
an assessment work report for the group under section 15.3(1).


11   Section 16 is repealed.


12   Section 17(b) is repealed and the following is substituted:

     (b)  to a permit holder who

               (i)  has complied with the requirements of Part 2,

               (ii) has held the permit for at least the 2-year period
referred to in section 14(1)(a), and

               (iii)     applies, at any time before the permit expires, for
a lease in respect of all or part of the location described in the permit, 

     or


13   Section 22 is amended

     (a)  by repealing subsection (2);

     (b)  in subsection (3) by striking out "under this section" and
substituting "before the end of its term".


14   Section 23 is repealed and the following is added after the heading
"PART 4   GENERAL":

Cores, cuttings requirements
     23(1)  A lessee, licensee or permit holder shall follow all
directions or instructions given by the Minister or by any person
authorized by the Minister with respect to

               (a)  cores or cuttings,

               (b)  the retrieval, selection, labelling, delivery,
transportation and storage of core samples, rock samples or drill cuttings,
and 

               (c)  the records to accompany samples and cuttings.

     (2)  The lessee, licensee or permit holder to whom the directions and
instructions referred to in subsection (1) have been given must bear the
cost of complying with the directions and instructions.

     (3)  The Minister, on application by a lessee, licensee or permit
holder, may waive compliance with all or any directions or instructions
referred to in subsection (1).

Property of the Crown
     23.1   All core samples, rock samples or drill cuttings delivered to
the Department pursuant to directions or instructions given under section
23(1) and all records accompanying the samples and cuttings

               (a)  are thereafter, subject to clause (b), the property
of the Crown in right of Alberta, and

               (b)  shall, subject to section 6 of the General
Regulation  (AR 163/84), be kept confidential for one year after they are
received by the Department.


15   Schedule 2 is amended

     (a)  in section 1(c) by striking out "under oath";

     (b)  in section 3(3) by adding "or another agreement" after "same
agreement".


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

     Alberta Regulation 262/97

     Mines and Minerals Act

     MINES AND MINERALS ADMINISTRATION REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 642/97) pursuant to
sections 5 and 93 of the Mines and Minerals Act.


     Table of Contents

Definitions    1

     Designated Representatives, Notices and Applications

Designation of representative 2
Official service address 3
Giving of notices, etc. by the Minister 4
Giving of notices, etc. to the Minister 5
Applications to the Minister  6

     Agreements

Issuance of agreement    7
Agreement issued to 2 or more lessees   8
Specified undivided interests 9
Term of agreement   10
Surrender of agreement   11
Partial transfers, divisions and consolidations of agreements    12
Amendment of agreement   13
Cancellation of agreement     14
Commencement of reinstatement application period  15
Persons ineligible as lessees 16

     Fees, Rentals and Interest

Prescribed fees     17
Fee accounts   18
Monthly invoice arrangements  19
Annual rentals 20
Liability to the Crown for interest     21
Crown's liability for interest on overpayments    22
Application of payments  23

     General

Return of deposit or security 24
Retention of records     25
Disclosure of information     26
Exceptions to section 33(1)(a) of the Act    27
Deemed areas   28
Mineral title transfers and notifications    29

     Consequential Amendments

Ammonite Shell Regulation amended  30
Coal Royalty Regulation amended    31
Metallic and Industrial Minerals Regulation amended    32
Metallic and Industrial Minerals Royalty Regulation amended 33
Natural Gas Royalty Regulation, 1994 amended 34
Oil Sands Regulation amended  35
Oil Sands Royalty Regulation, 1997 amended   36

     Repeal, Expiry and Coming into Force

Repeal    37
Expiry    38
Coming into force   39

Schedule


Definitions
1    In this Regulation,

     (a)  "Act" means the Mines and Minerals Act;

     (b)  "amount owing to the Crown" means a money amount owing to the
Crown under the Act, the regulations or an agreement;

     (c)  "Board" means the Alberta Energy and Utilities Board;

     (d)  "designated representative", in relation to an agreement, means

               (i)  the person who is designated as the representative
of the lessee or lessees of the agreement, according to the notice of the
designation given to the Minister pursuant to section 30.1 of the Act, or

               (ii) the lessee of the agreement, if the agreement is
held by only one lessee who has not given the Minister a notice of a
designation of a representative pursuant to section 30.1 of the Act or has
given the Minister a notice of the revocation of a previous designation of
a representative;

     (e)  "due date", in relation to the payment of an amount owing to
the Crown, means

               (i)  the due date for the payment prescribed by the Act,
the regulations or an agreement, unless the payment is made pursuant to a
monthly invoice arrangement that provides for a different due date for the
payment,

               (ii) the due date for the payment specified in the
monthly invoice arrangement, if the payment is made pursuant to a monthly
invoice arrangement, or

               (iii)     the due date for the payment specified in an
invoice or notice sent by the Minister, if no due date for the payment is
prescribed by the Act, the regulations or an agreement;

     (f)  "official service address", in relation to any person, means
that person's official service address shown in the current notice given by
that person to the Minister pursuant to section 31 of the Act;

     (g)  "petroleum and natural gas lease" means a lease granting rights
to petroleum or natural gas or both;

     (h)  "petroleum and natural gas licence" means a licence granting
rights to petroleum or natural gas or both;

     (i)  "prescribed", in relation to a fee or rental, means prescribed
by this Regulation;

     (j)  "regulations" means this Regulation or any other regulations
under the Act;

     (k)  "royalty amount" means an amount owing to the Crown

               (i)  on account of a money royalty,

               (ii) in respect of the Crown's royalty share of a
mineral when disposed of by an agent, or

               (iii)     on account of royalty compensation;

     (l)  "spacing unit" means

               (i)  in relation to a well drilled or being drilled,

                         (A)  the drilling spacing unit for the well
prescribed by or pursuant to the Oil and Gas Conservation Regulations (AR
151/71), or

                         (B)  where the Board has issued an order
suspending the operation of Part 4 of the Oil and Gas Conservation
Regulations (AR 151/71) in respect of the area in which the well is drilled
or being drilled, the area that was, immediately before the effective date
of the order, the drilling spacing unit prescribed for the well by or
pursuant to those Regulations,

               or

               (ii) the area that would be the drilling spacing unit
prescribed for a well by or pursuant to the Oil and Gas Conservation
Regulations (AR 151/71) if the well were drilled and in the absence of any
order of the Board suspending the operation of Part 4 of those Regulations
in respect of that area.


     Designated Representatives, Notices and Applications

Designation of representative
2(1)  Subject to subsections (2) and (3), the following documents given to
the Minister pursuant to section 30.1 of the Act shall be in a form
determined or approved by the Minister:

     (a)  a notice of the designation of a representative;

     (b)  a notice of the replacement of the designation of a
representative;

     (c)  a notice by the sole lessee of an agreement of the revocation
of the lessee's designation of a representative.

(2)  A statement respecting the designation of a representative in relation
to an agreement included in

     (a)  the application for the agreement made pursuant to section
16(a) of the Act,

     (b)  the tender for the agreement, where the agreement is sold by
way of a sale by public tender pursuant to section 16(b) of the Act,

     (c)  the registered transfer of part of the location of an agreement
that led to the issuance of the agreement, or

     (d)  a registered transfer of the agreement from a sole lessee who
at the time of registration had not designated a representative for the
agreement, to another person  who on registration of the transfer became
the sole lessee of the agreement,

constitutes a notice to the Minister of the designation of that
representative in relation to that agreement pursuant to section 30.1 of
the Act.

(3)  A statement respecting the replacement of the designation of a
representative in relation to an agreement included in a registered
transfer affecting that agreement constitutes a notice to the Minister of
the replacement of the representative in relation to the agreement pursuant
to section 30.1(4)(a) of the Act.

(4)  Not more than one person may be designated pursuant to section 30.1 of
the Act as a representative in relation to the same agreement.

(5)  A notice of the designation of a representative given to the Minister

     (a)  in a form determined or approved pursuant to subsection (1)(a)
or (b), or

     (b)  in accordance with subsection (2) or (3), 

is, as against the Crown, binding on the lessees or the lessee, as the case
may be, of the agreement to which the designation relates.


Official service address
3(1)  A notice of a person's official service address given to the Minister
under section 31(1) of the Act

     (a)  shall be in the form determined or approved by the Minister,
and

     (b)  shall not show more than one official service address for that
person.

(2)  A request to a person by the Minister pursuant to section 13(5)(d)(i)
of the Mines and Minerals Amendment Act, 1997 may be made to that person in
any manner provided for in section  4, as though it were a notice to that
person.


Giving of notices, etc. by the Minister
4(1)  Any notice that the Minister is required or authorized to give to any
person under the Act, the regulations or an agreement may be given in any
of the following ways:

     (a)  by mail addressed to that person's official service address or,
if that person has no official service address, to that person's last known
address according to the records of the Department;

     (b)  by delivery of the notice to that person's official service
address or, if that person has no official service address, to that
person's last known address according to the records of the Department;

     (c)  by fax or e-mail transmission to that person in accordance with
an arrangement made between the Minister and that person pursuant to
subsection (3).

(2)  If a notice is given by the Minister by mail in accordance with
subsection (1)(a),

     (a)  section 22.1 of the Interpretation Act does not apply to the
notice, and

     (b)  the notice shall be considered as being given on the day on
which it is delivered to the Canada Post Corporation.

(3)  The Minister may make an arrangement with a person under which that
person agrees

     (a)  that the Minister may give all or any specified class of
notices to that person under the Act, the regulations or an agreement by

               (i)  fax transmission to that person, to a fax number
specified by that person, or

               (ii) e-mail transmission to that person, at an e-mail
address specified by that person,

     and

     (b)  that transmission of a notice to that person by fax or e-mail
in accordance with clause (a) will constitute sufficient service of the
notice on that person.

(4)  Subsections (1) and (2) also apply, with the necessary changes, to any
letter, request, notification, invoice, demand or other document that the
Minister is required or authorized by the Act, the regulations or an
agreement to give, send or furnish to a designated representative or other
person.


Giving of notices, etc. to the Minister
5(1)  Where a person is required or authorized by the Act, the regulations
or an agreement to give a notice to the Minister, the notice may be given
to the Minister in any of the following ways:

     (a)  by physical delivery to an office of the Department;

     (b)  by mail addressed to the Department;

     (c)  by fax transmission to the Department, to a fax number
specified by the Minister for notices of that kind;

     (d)  by e-mail transmission to the Department, at an e-mail address
specified by the Minister for notices of that kind.

(2)  If a notice is given to the Minister by mail in accordance with
subsection (1)(b),

     (a)  section 22.1 of the Interpretation Act does not apply to the
notice, and

     (b)  the notice shall be considered as being given by mail to the
Minister on the day on which it is received in an office of the Department.

(3)  Where a provision of the Act, the regulations or an agreement
authorizes a person to give a notice to the Minister within a prescribed
period or before a prescribed deadline, a notice given by that person shall
be considered as being given to the Minister only if it is received by the
Department within that period or before that deadline.

(4)  Subsections (1), (2) and (3) also apply, with the necessary changes,
to any application or other document that a person is required or
authorized by the Act, the regulations or an agreement to make or furnish
to the Minister, except that a transfer, security notice or other document
may not be submitted for registration under Part 8 of the Act by fax or
e-mail transmission.

(5)  If a provision of another regulation is in conflict with or
inconsistent with this section, the provision of the other regulation
prevails to the extent of the conflict or inconsistency.


Applications to the Minister
6   Where the Act, the regulations or an agreement authorizes a lessee of
an agreement to make an application to the Minister, then, unless otherwise
expressly provided by the regulations, the application may be made only by

     (a)  the person who is the designated representative in relation to
the agreement, or

     (b)  a person authorized by the designated representative to make
the application.


     Agreements

Issuance of agreement
7(1)  For the purposes of the Act, 

     (a)  an agreement applied for under section 16(a) of the Act is
issued when the Minister approves the application and the applicant accepts
the conditions, if any, to which the Minister's approval is subject,

     (b)  an agreement sold by way of public tender pursuant to section
16(b) of the Act is issued when the Minister publicly announces the name of
the successful tenderer for the agreement and the tenderer has complied
with the provisions in the sale notice respecting preconditions for the
issuance of the agreement, and

     (c)  an agreement issued pursuant to section 16(c) of the Act is
issued at the time provided for in the procedure determined by the Minister
under that section.

(2)  For the purposes of section 20(5) of the Act, the prescribed date is
the date on which the agreement is mailed to the lessee and, in the absence
of proof to the contrary, the date of the letter accompanying the agreement
is deemed to be the date on which the agreement is mailed to the lessee.

(3)  Unless the Minister otherwise directs in a particular case, an
agreement shall not be issued unless the prescribed issuance fee and the
prescribed rental for the first year of the term of the agreement are
received by the Minister.


Agreements issued to 2 or more lessees
8(1)  Subject to subsection (2), an agreement shall not be issued to 2 or
more lessees unless each of those lessees will be the holder of a specified
undivided interest in the agreement.

(2)  An agreement may be issued to 2 or more lessees other than as holders
of specified undivided interests if each of them is an individual.

(3)  Subsection (1) does not preclude the issuance of an agreement under
which 2 or more persons will be the lessees in respect of the same
specified undivided interest in the agreement if each of those lessees is
an individual.


Specified undivided interests
9(1)  The Minister may refuse to issue an agreement if any of the lessees
would hold less than a 1% undivided interest under the agreement.

(2)  The Minister may refuse to issue an agreement under which any lessee
is to hold a specified undivided interest in the agreement if the interest

     (a)  is expressed otherwise than in decimal form, or

     (b)  is expressed in decimal form but to more than 7 decimal places.


Term of agreement
10   Where an agreement is issued for a term of more than one year,

     (a)  the first year of the term commences on the date shown in the
agreement as its term commencement date and ends at the expiration of the
first anniversary of that term commencement date, and

     (b)  each subsequent year of the term is a 12-month period expiring
on an anniversary of the term commencement date.


Surrender of agreement
11(1)  The lessee of an agreement may, in accordance with this section,

     (a)  surrender the agreement, or

     (b)  with the consent of the Minister, surrender the agreement as to
part of its location.

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

     (a)  must be submitted to the Minister in a form determined or
approved by the Minister, and

     (b)  is binding on the Crown and the lessee only if it is accepted
by the Minister, as evidenced by the Minister's notification to the lessee
confirming the acceptance.

(3)  Where a surrender referred to in subsection (1) 

     (a)  is received by the Minister after an anniversary of the term
commencement date of the agreement, or

     (b)  is received by the Minister on or before an anniversary of the
term commencement date of the agreement but provides for an effective date
occurring after that anniversary date,

the Minister shall not accept the surrender unless the Minister receives
payment of the rental for the year of the term following that anniversary
date calculated on the basis of the area of the location as it stood on
that anniversary date.


Partial transfers, divisions and consolidations of agreements
12(1)  A lessee may, with the consent of the Minister, transfer any part of
the location of the lessee's agreement.

(2)  The Minister, on application by the lessee of an agreement, may

     (a)  divide the lessee's agreement into 2 or more agreements, or

     (b)  consolidate the lessee's agreement with one or more other
agreements held by the lessee.

(3)  Notwithstanding subsections (1) and (2), the Minister shall not accept
an application for

     (a)  the consent of the Minister to a transfer of part of the
location of a petroleum and natural gas licence during its  initial term,

     (b)  the division of a petroleum and natural gas licence during its
initial term, or

     (c)  the consolidation of 2 or more petroleum and natural gas
licences during the initial term of any of them.


Amendment of agreement
13   If, pursuant to the Act or the regulations,

     (a)  a description of the location in an agreement is amended, or

     (b)  an agreement is amended in respect of the rights granted under
it,

the Minister shall send a copy of the amendment to the lessee of the
agreement.


Cancellation of agreement
14(1)  Where the Minister cancels an agreement pursuant to section 44 of
the Act, the Minister shall send to the person who was the designated
representative for the agreement immediately before it was cancelled, a
notification confirming the cancellation of the agreement.

(2)  Where the Minister cancels a petroleum and natural gas licence or
lease as to part of its location pursuant to section 20(4) of the Petroleum
and Natural Gas Tenure Regulation (AR 263/97), the Minister shall send a
notification to the licensee or lessee, as the case may be, confirming the
cancellation in part of the agreement.


Commence-ment of reinstatement application period
15   For the purposes of section 8(1)(e)(i) of the Act, the effective date
of the surrender or cancellation of an agreement is prescribed as the date
of the notification from the Minister to the lessee confirming the
Minister's acceptance of the surrender or confirming the cancellation, as
the case may be.


Persons ineligible as lessees
16(1)  Where the lessee or one of the lessees of an agreement is a person
ineligible to be a lessee by reason of section 24 of the Act, a notice
given by the Minister to the ineligible person pursuant to section 24(4)(a)
of the Act must also be given to

     (a)  the designated representative in relation to the agreement, and

     (b)  each of the other lessees of the agreement, if it is held by 2
or more lessees.

(2)  Where the ineligibility of a corporation under section 24 of the Act
is the result of the dissolution of the corporation, a notice given by the
Minister pursuant to section 24(4)(b) of the Act must be given to the
corporation despite its dissolution at

     (a)  its official service address if it had given a notice to the
Minister containing that address, or

     (b)  in any other case, its last known address according to the
records of the Department.

(3)  Unless the Minister otherwise directs in a particular case, an
individual under the age of 18 years is eligible to be the lessee or one of
the lessees of a metallic and industrial minerals licence  under the
Metallic and Industrial Minerals Regulation (AR 66/93).


     Fees, Rentals and Interest

Prescribed fees
17    The fee payable to the Minister for any service described in the
Schedule to this Regulation is the fee shown in the Schedule for that
service.


Fee accounts
18(1)  The Minister may enter into an arrangement with a person under which
prescribed fees payable by that person in respect of the class of services
specified under the arrangement will be charged to that person's account on
a continuing basis and on the conditions determined by the Minister.

(2)  If a prescribed fee is payable by a person during the period an
arrangement under subsection (1) is in effect and not suspended under
subsection (3), the fee shall be charged to that person's account.

(3)  If the Minister sends an invoice in respect of the amounts charged to
a person under an arrangement under this section and the total amount of
the invoice is not paid on or before the date specified in the invoice, the
Minister may suspend the arrangement with that person until all amounts
owing under it are paid in full.

(4)  The Minister may terminate an arrangement with any person under this
section  on the giving of at least one week's notice to that person.


Monthly invoice arrangements
19(1)  Subject to subsection (3), the Minister may enter into an
arrangement with any person under which the payment to the Crown of any
class of amounts owing to the Crown is to be made on the basis of monthly
invoices.

(2)  Notwithstanding anything in an agreement, a monthly invoice
arrangement may, in respect of any class of amounts owing to the Crown
covered by the arrangement, provide for a due date for the payment of
amounts of that class that differs from the due date otherwise provided for
those payments by the regulations or the agreement.

(3)  If a monthly invoice relates to payments of any amounts owing to the
Crown under one or more agreements, the arrangement shall be entered into
with the designated representative in relation to those agreements or a
person authorized to do so by the designated representative.


Annual rentals
20(1)  The lessee of an agreement is liable to the Crown for the payment of
a rental for each year of the term of the agreement.

(2)  For the purposes of this section, 

     (a)  a year during which a petroleum and natural gas lease is
continued after the expiration of its term is deemed to be a year of the
term of the lease, and

     (b)  a year during which a petroleum and natural gas licence is
continued after the expiration of its intermediate term is deemed to be a
year of the term of the licence.

(3)  Except in the case of an agreement referred to in section 54.1(5)(c)
of the Act, a rental for a year of the term of an agreement is payable at
the rate of $3.50 per year for each hectare in the area of the location of
the agreement, subject to a minimum of $50 per year.

(4)  Subject to subsections (5) and (6), a rental for the 2nd or any
subsequent year of the term of an agreement

     (a)  is due and payable on the last day of the preceding year of the
term of the agreement, and

     (b)  shall be calculated on the basis of the area of the location of
the agreement as it stood on that due date.

(5)  Subsection (4)(a) does not apply if the payment of the rental for the
year is to be made pursuant to a monthly invoice arrangement.

(6)  Notwithstanding anything in an agreement,

     (a)   the rental for the first year of the intermediate term of a
petroleum and natural gas licence, and 

     (b)  the rental for any year of the term of a petroleum and natural
gas lease or licence that

               (i)  occurs during its continuation pursuant to section
15, 16 or 17 of the Petroleum and Natural Gas Tenure Regulation (AR
263/97), and 

               (ii) is exempted by the Minister from the operation of
subsection (4),

is due and payable on the date shown as the due date for its payment in a
notice given by the Minister to the lessee of the lease or licence, and
shall be calculated on the basis of the area of the location as it stood at
the beginning of that year.


Liability to the Crown for interest
21(1)  If an amount owing to the Crown is not received in full by the
Minister on or before the due date for its payment, interest is payable to
the Crown by the person who owes that amount, computed in accordance with
this section. 

(2)  Interest payable under this section shall be computed as an amount
equal to 3% of 

     (a)  the principal amount owing to the Crown, or

     (b)  if partial payment of that principal amount is received on or
before the due date for its payment, the portion of that principal amount
remaining unpaid on that due date.

(3)  If an amount of interest that would otherwise be payable in the
absence of this subsection is $20 or less, no interest is payable.

(4)  This section does not apply to interest on an amount owing to the
Crown in cases where  provisions respecting the imposition of that interest
are contained in some other regulation.


Crown's liability for interest on overpayments
22(1)  If a payment is made in respect of an amount owing to the Crown in
excess of the actual amount owing on the due date for its payment and the
excess payment is wholly or primarily attributable to an error made by the
Department, the excess amount is an "overpayment" for the purposes of this
section.

(2)  If the Crown is liable to a person for an overpayment, interest is
payable by the Crown to that person on the amount of the overpayment,
computed in accordance with this section.

(3)  An amount of interest payable by the Crown under this section

     (a)  shall be computed from the later of

               (i)  the due date for payment of the amount owing to the
Crown to which the overpayment relates, and

               (ii) the date on which the Minister received the
overpayment,

          continuing to the date of the requisition by the Department to
the Provincial Treasurer for the issuance of a cheque for the overpayment
and interest, and

     (b)  shall be computed for each day in the period referred to in
clause (a) at a rate of yearly interest that is 1% greater than the rate of
interest established by the Alberta Treasury Branches as its prime lending
rate on loans payable in Canadian dollars and in effect on the first day of
the month in which that day occurs.

(4)  If an amount of interest that would otherwise be payable in the
absence of this subsection is $20 or less, no interest is payable under
this section.

(5)  This section does not apply to the payment of interest on overpayments
in cases where provisions respecting the payment of that interest are
contained in some other regulation.


Application of payments
23(1)  Subject to subsections (2) and (3), unless the Minister directs
otherwise, if money is paid to the Crown in respect of an agreement, the
money shall be applied in the following order:

     (a)  first, goods and services tax payable under Excise Tax Act
(Canada) in respect of amounts owing to the Crown under the agreement;

     (b)  2nd, on fees owing by that person under the agreement;

     (c)  3rd, on penalties owing by that person under the agreement;

     (d)  4th, on interest owing by that person under the agreement;

     (e)  5th, on rentals owing by that person under the agreement;

     (f)  6th, on royalty amounts owing under the agreement.

(2)  If the Minister sends to any person an invoice for one or more amounts
owing to the Crown, money paid to the Crown on account of that invoice
shall be applied in the following order:

     (a)  first, goods and services tax under the Excise Tax Act (Canada)
charged in the invoice;

     (b)  2nd, interest owing in accordance with the invoice on the
principal amount of the invoice;

     (c)  3rd, any unpaid balance of a previous invoice that is carried
forward in the current invoice;

     (d)  4th, subject to clause (c), the principal amount of the
invoice.

(3)  Subsections (1) and (2) do not apply to payments of any class of
amounts owing to the Crown if another regulation provides for some other
order of application of those payments.


     General

Return of deposit or security
24   Where

     (a)  a deposit or security is furnished by the lessee of an
agreement to the Government  pursuant to the Act or the regulations,

     (b)  the Minister subsequently registers a transfer of the agreement
or of a specified undivided interest in the agreement, and

     (c)  the Minister becomes obligated to return or refund all or part
of the deposit or security,

then, subject to section 45(4) of the Act, the deposit or security or the
part of the deposit or security, as the case may be, shall be returned or
refunded to the person who originally furnished the deposit or security
unless that person directs the Minister to return or refund it to some
other person.


Retention of records
25   A person who is a lessee or a former lessee of an agreement shall keep
all records that come into that person's possession or the possession of
any of that person's agents and that are or were used for the purpose of
preparing any return or report required to be given to or filed with the
Minister by that person in relation to the agreement pursuant to the Act,
the regulations or the agreement.


Disclosure of information
26(1)  The Minister may make available any records, returns or other
information obtained under the Act, the regulations or an agreement

     (a)  to any person for the purpose of enforcing a law of Canada or a
province, or

     (b)  to a person employed in or acting on behalf of the Department
for the purpose of administering any enactment under the administration of
the Minister or evaluating, formulating or administering a policy or
program of the Department.

(2)  The Minister may classify types of information obtained under the Act,
the regulations or agreements as non-confidential and may systematically
authorize the release to the public of  information classified as
non-confidential.

(3)  With the authorization of the Minister, confidential information
obtained under the Act, the regulations or agreements may be provided or
published in summarized or statistical form in such a manner that it is not
possible to relate the information to any identifiable person.

(4)  A person employed or engaged in the administration of the Act may
communicate, disclose or make available records, returns or other
information received in respect of an agreement pursuant to the Act, the
regulations or the agreement to

     (a)  the person from whom the record, return or other information
was obtained, or

     (b)  a person who has the consent in writing of the person from whom
the record, return or other information was obtained.


Exceptions to section 33(1)(a) of the Act
27(1)  Section 33(1)(a) of the Act does not apply to a well or to the
installations and equipment, including casing, incidental to the well if

     (a)  all or part of the spacing unit for the well continues under
another agreement,

     (b)  the Board notifies the Minister that, on the basis of evidence
and representations presented to it by one or more interested parties,

               (i)  the well should not be abandoned because it is or
will be used for some useful purpose, or

               (ii) the well has evaluated a mineral, the rights to
which are granted by another agreement, by reason of having penetrated a
zone underlying the location of that other agreement, where the surrendered
or cancelled agreement and that other agreement had a common surface area,

     (c)  the agreement pursuant to which the well was drilled expires
but is renewed, or

     (d)  the agreement pursuant to which the well is drilled is
cancelled or expires and, as a consequence of the exercise of a right of
lease selection conferred by the agreement, the well is in the location of
a lease so selected.

(2)  Section 33(1)(a) of the Act does not apply to any installations or
equipment, including casing, incidental to a well if, at the time of the
expiration, surrender or cancellation of the agreement, the installations
or equipment is being used in the operation of another well not affected by
the expiration, surrender or cancellation.


Deemed areas
28   For the purposes of an agreement, a section, quarter-section and legal
subdivision of land are deemed to contain 256 hectares, 64 hectares and 16
hectares respectively, unless the Minister directs otherwise in a
particular case.


Mineral title transfers and notifications
29   For the purposes of the Act,

     (a)  a transfer of title referred to in section 12 of the Act is
issued when it is signed by the Minister, and

     (b)  a notification referred to in section 13 of the Act is issued
when it is signed by the Minister and delivered to the appropriate Land
Titles Office for registration.


     Consequential Amendments

Ammonite Shell Regulation amended
30(1)  The Ammonite Shell Regulation (AR 59/89) is amended by this section.

(2)  Section 3 is amended

     (a)  in subsection (2) by striking out "the fee for the permit
prescribed in the General Regulation (Alta. Reg. 163/84)" and substituting
"the application fee prescribed in the Schedule to the Mines and Minerals
Administration Regulation (AR 262/97)";

     (b)  by repealing subsection (3)(a) and substituting the following:

               (a)  the application fee prescribed in the Schedule to
the Mines and Minerals Administration Regulation (AR 262/97), and

     (c)  by repealing subsections (4) and (4.1).


Coal Royalty Regulation amended
31(1)  The Coal Royalty Regulation (AR 295/92) is amended by this section.

(2)  Section 8(2) is repealed and the following is substituted:

     (2)  If a lessee contravenes subsection (1) by failing to submit a
report on or before the deadline prescribed by or pursuant to that
subsection, the Minister may impose a pecuniary penalty on the lessee by
reason of the contravention, subject to the following:

               (a)  the Minister must give a notice to the lessee
describing the contravention, specifying the period within which the report
must be submitted to the Minister in order to avoid liability for the
penalty and specifying the penalty for which the lessee will be liable if
the report is not submitted before the end of that period;

               (b)  the "default period" for the purposes of this
subsection is the period

                         (i)  commencing on the day after the
expiration of the period specified in the notice given pursuant to clause
(a), and

                         (ii) ending on the day immediately before
the day on which the report is submitted to the Minister;

               (c)  the notice shall not specify a penalty in excess of

                         (i)  $10 000 in respect of the first day of
the default period, or

                         (ii) $1000 in respect of the 2nd and each
subsequent day of the default period;

               (d)  if the report is not submitted to the Minister
within the period specified in the notice, the lessee is liable to pay to
the Minister the penalty specified in the notice.

(3)  Section 9 is amended

     (a)  in subsection (1) by striking out "Notwithstanding section 7 of
the General Regulation (Alta. Reg. 163/84), interest" and substituting
"Interest";

     (b)  in subsection (2) by striking out "Notwithstanding section 8 of
the General Regulation (Alta. Reg. 163/84), interest" and substituting
"Interest".

     (c)  in subsection (3) by striking out "Notwithstanding section 7 of
the General Regulation (Alta. Reg. 163/84), if" and substituting "If".


Metallic and Industrial Minerals Regulation amended
32(1)  The Metallic and Industrial Minerals Regulation (AR 66/93) is
amended by this section.

(2)  Section 5(2)(b) is repealed and the following is substituted:

     (b)  the application fee prescribed in the Schedule to the Mines and
Minerals Administration Regulation (AR 262/97).

(3)  Section 10(2)(b) is repealed and the following is substituted:

     (b)  the application fee prescribed in the Schedule to the Mines and
Minerals Administration Regulation (AR 262/97).

(4)  Section 15.1 is amended by striking out "Subject to section 6 of the
General Regulation (AR 163/84), the" and substituting "The".

(5)  Section 18(b) is repealed and the following is substituted:

     (b)  the application fee prescribed in the Schedule to the Mines and
Minerals Administration Regulation (AR 262/97), and

(6)  Section 19 is repealed.

(7)  Section 23.1(b) is amended by striking out ", subject to section 6 of
the General Regulation (AR 163/84),".


Metallic and Industrial Minerals Royalty Regulation amended
33(1)  The Metallic and Industrial Minerals Royalty Regulation (AR 350/93)
is amended by this section.

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

Returns respecting royalty
     2(1)  The holder of a lease or licence shall furnish to the Minister
written returns pertaining to the calculation of royalty reserved to the
Crown in right of Alberta under the lease or licence, by the deadlines, in
the manner and in respect of the periods determined by the Minister and
containing the information requested by the Minister.

     (2)  If the holder of a lease or licence contravenes subsection (1)
by failing to furnish a return to the Minister before the deadline
determined by the Minister under that subsection, the Minister may impose a
pecuniary penalty on the holder by reason of the contravention, subject to
the following:

               (a)  the Minister must give a notice to the holder
describing the contravention, specifying the period within which the return
must be furnished in order to avoid liability for the penalty and
specifying the penalty for which the lessee will be liable if the return is
not furnished before the end of that period;

               (b)  the "default period" for the purpose of this
subsection is the period

                         (i)  commencing on the day after the
expiration of the period specified in the notice given pursuant to clause
(a), and

                         (ii) ending on the day immediately before
the day on which the return is furnished to the Minister;

               (c)  the notice shall not specify a penalty in excess of

                         (i)  $10 000 in respect of the first day of
the default period, or

                         (ii) $1000 in respect of the 2nd and each
subsequent day of the default period;

               (d)  if the return is not furnished to the Minister
within the period specified in the notice, the holder is liable to pay to
the Minister the penalty specified in the notice.


Natural Gas Royalty Regulation, 1994 amended
34   The Natural Gas Royalty Regulation, 1994 (AR 351/93) is amended by
repealing section 25(5).


Oil Sands Regulation amended
35(1)  The Oil Sands Regulation (AR 228/91) is amended by this section.

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

     (a)  the application fee prescribed in the Schedule to the Mines and
Minerals Administration Regulation (AR 262/97), and

(3)  Section 4 is repealed.


Oil Sands Royalty Regulation, 1997 amended
36   The Oil Sands Royalty Regulation, 1997 (AR 185/97) is amended by
repealing section 33(6).


     Repeal

Repeal
37   The General Regulation (AR 163/84) is repealed.


     Expiry

Expiry
38   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


     Coming into Force

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


     SCHEDULE

     PRESCRIBED FEES


          Fees Related to Agreements
    1   Fee for processing a request to have an agreement sold at a sale by
public tender, but only if

     (a)  the agreement is offered at a sale as a result of the request,

     (b)  the agreement is not sold at the sale, and

     (c)  payment of the fee is demanded by the Minister











$500

2   Application for an agreement, other than an application referred to in
item 3


$500

3   Application for a metallic and industrial minerals licence or a permit
to conduct surface collection of ammonite shell



$ 50

4   Issuance of a new agreement resulting from a division of an agreement
or the registration of a transfer of part of the location of an agreement




$500

5   Late application fee referred to in section 11(3)(a)(ii) or
14(5)(b)(iii) or (6)(c)(ii) of the Petroleum and Natural Gas Tenure
Regulation (AR 263/97)




$5000

6   Acceptance fee referred to in section 17(5)(c)(ii) of the Petroleum and
Natural Gas Tenure Regulation (AR 263/97)

$25 per hectare, subject to a $1600 minimum

7   Reinstatement of an agreement pursuant to section 8(1)(e) of the Act


$5000



     Registration Fees

8(1)  Registration of a security notice, a notice of the assignment of all
or part of the security interest that is the subject of a registered
security notice, or a notice of the postponement of a registered security
interest, for each agreement against which the notice is registered










$50

(2)  Registration of a notice referred to in section  141(1)(a) or (d) of
the Act


Nil

(3)  Registration of a transfer

Nil

9(1)  Registration under the Builders' Lien Act of a statement of lien or
certificate of lis pendens, for each agreement against which the document
is registered






$50

(2)  Registration under the Builders' Lien Act of a discharge of a
registered statement of lien or certificate of lis pendens





Nil


     Fees for Searches and Information

10(1)  Written search of an agreement or other non-confidential document



$6

(2)  Surcharge for each agreement or document searched, where the search is
requested and provided on a rush basis



$10

11   Ad hoc report from the Land Status Automated System


$30

12   Surcharge for an electronic disc containing a search referred to in
item 10(1) or a report referred to in item 11



$20


13   Written search of a mineral township register, for each township
researched


$20

14   Historical search of agreements


$40 per hour,
$40 minimum

15   Electronic data respecting agreements and other non--onfidential
documents and derived from the Land Status Automated System:

     (a)  test tape




$500

     (b)  complete tape containing data as of month-end


$1250

     (c)  supplementary updated tape, available every 2 weeks


$500

     (d)  access to daily electronic files 

$650 per   month


          Miscellaneous Fees

16   Certified copy of a document




$10

17   Provision of a copy of a Department Information Letter or Information
Bulletin to a person to whom a copy had been previously provided without
charge




$2

18   Copy of mylar base map

$20



     Alberta Regulation 263/97

     Mines and Minerals Act

     PETROLEUM AND NATURAL GAS TENURE REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 643/97) pursuant to
sections 5 and 93 of the Mines and Minerals Act.


     Table of Contents

     Interpretation

Definitions    1
Interpretation provisions related to wells   2
Crown spacing units 3

     Rights Granted

Rights granted by an agreement     4

     Part 1
     Petroleum and Natural Gas Licences

Term of licence     5
Initial term of licence  6
Maximum area of location 7
Location in more than one Region   8
Validating wells    9
Grouping of licences     10
Selection and validation of location for intermediate term  11
Licence continuation and offset requirements 12
Waiver of rental for licences under former Regulation  13

     Part 2
     Petroleum and Natural Gas Leases

     Continuation of Leases

Application for continuation of lease   14
Qualifications for continuation    15
Continuation by reason of drilling 16
Continuation as to potentially productive part of the location   17
Notice respecting non-productivity 18

     Offset Requirements

Interpretation of offset requirement provisions   19
Offset notice  20
Review of offset notice  21
Liability to pay offset compensation    22
Calculation and payment of offset compensation    23

     Part 3
     General

Withdrawal of Crown from unit agreement 24
Proof of ownership of freehold rights   25
Time extensions related to drilling problems 26

     Transitional

Interpretation of transitional provisions    27
Licences under former Regulation   28
Pre-1998 leases     29
Continuation under section 96 of the Act     30
Continuation under section 97 of the Act     31
Non-productivity notices 32
Offset drilling obligations   33
Variation of transition rules 34

     Repeal, Expiry and Coming into Force

Repeal    35
Expiry    36
Coming into force   37

Schedules


     Interpretation

Definitions
1   In this Regulation,

     (a)  "Act" means the Mines and Minerals Act;

     (b)  "Board" means the Alberta Energy and Utilities Board;

     (c)  "Crown spacing unit" means a spacing unit that qualifies as a
Crown spacing unit by reason of section 3;

     (d)  "deepest productive zone", with reference to a spacing unit
containing all or part of a location approved for continuation pursuant to
section 15(1), means the deepest of the zones in the spacing unit to which
the approval extends under section 15(2);

     (e)  "former Regulation" means the Petroleum and Natural Gas
Agreements Regulation (AR 188/85);
     
     (f)  "freehold spacing unit" means,

               (i)  in relation to Alberta, a spacing unit that is not
a Crown spacing unit, or

               (ii) in relation to a jurisdiction adjoining Alberta,
the area allocated to a well drilled in land in that jurisdiction for the
purpose of drilling that well or producing petroleum or natural gas from
that well;

     (g)  "freehold well" means

               (i)  in relation to Alberta, a well the spacing unit for
which is a freehold spacing unit;

               (ii) in relation to a jurisdiction adjoining Alberta, a
well drilled in land in that jurisdiction;

     (h)  "gas storage agreement" means a contract or agreement referred
to in section 54.1(5)(b) or (c) of the Act;

     (i)  "lease" means a lease of rights to petroleum or natural gas or
both issued pursuant to the Act or the former Act;

     (j)  "licence" means a petroleum and natural gas licence issued by
the Minister under the former Regulation or this Regulation;

     (k)  "licensee" means  the holder of a licence according to the
records of the Department;

     (l)  "location", in relation to a licence or lease, means

               (i)  the subsurface underlying the surface area of the
tract described in the licence or lease as its location, or

               (ii) where the licence or lease grants rights to
petroleum or natural gas or both in some but not all of the subsurface, the
subsurface area or areas underlying the surface area of the tract described
in the licence or lease as its location and in respect of which the rights
are granted;

     (m)  "measured depth", in relation to a well, means the measured
length of the well-bore of the well;

     (n)  "offset zone" means

               (i)  in relation to a freehold spacing unit, a zone
underlying the freehold spacing unit and identified in an offset notice in
accordance with section 20(2)(a), or

               (ii) in relation to a Crown spacing unit laterally
adjoining a freehold spacing unit that is the subject of an offset notice,
the zone underlying the Crown spacing unit that is the same as the zone
identified in the offset notice in accordance with section 20(2)(a);

     (o)  "Plains Region", "Northern Region" and "Foothills Region" mean
the respective areas of Alberta described in Schedule 1;

     (p)  "prescribed", in relation to a fee or rental, means prescribed
by the Mines and Minerals Administration Regulation (AR 262/97);

     (q)  "producing well" means a well that is considered by the
Minister to be a producing well on the basis of the records of the Board
and other information available to the Minister;

     (r)  "productive", in relation to a well or zone, means capable, in
the opinion of the Minister, of producing petroleum or natural gas from the
well or zone in paying quantity;

     (s)  "Region" means the Plains Region, the Northern Region or the
Foothills Region;

     (t)  "rig release date", with respect to a well, means the rig
release date for the well according to the records of the Board;

     (u)  "spacing unit" means

               (i)  in relation to a well drilled or being drilled,

                         (A)  the drilling spacing unit for the well
prescribed by or pursuant to the Oil and Gas Conservation Regulations (AR
151/71), or

                         (B)  where the Board has issued an order
suspending the operation of Part 4 of the Oil and Gas Conservation
Regulations (AR 151/71) in respect of the area in which the well is drilled
or being drilled, the area that was, immediately before the effective date
of the order, the drilling spacing unit prescribed for the well by or
pursuant to those Regulations,

               or

               (ii) the area that would be the drilling spacing unit
prescribed for a well by or pursuant to those Regulations if the well were
drilled and in the absence of any order of the Board suspending the
operation of Part 4 of those Regulations in respect of that area;

     (v)  "unit agreement", except in section 24, includes a unit
operation order;

     (w)  "validating well" means a well that qualifies as a validating
well under section  9;

     (x)  "zone" means a stratum or series of strata considered by the
Minister to be a zone for the purposes of this Regulation.


Interpretation provisions related to wells
2   For the purposes of this Regulation,

     (a)  a reference to "petroleum and natural gas rights" in the
location of a licence or lease means petroleum or natural gas or both in
the location, the rights to which are granted by the licence or lease;

     (b)  a reference to a well that will evaluate or has evaluated
petroleum and natural gas rights in the location of a licence or lease
means a well whose results are expected to provide or have provided, as the
case may be, evidence of the presence or absence of petroleum or natural
gas in the location, the rights to which are granted by the licence or
lease;

     (c)  a well is in the location of a licence or lease or is drilled
or has been drilled in the location of a licence or lease if the well is
drilled under the authority of the licence or lease and all or any part of
the well-bore is situated in the location of the licence or lease;

     (d)  where the location of a licence or lease consists of some but
not all of the subsurface areas underlying the surface area of the tract
described in the licence or lease as its location, a well is being drilled
in the location of that licence or lease if

               (i)  the well is being drilled under the authority of
the licence or lease with the intention of penetrating the location, and

               (ii) the well licence issued pursuant to the Oil and Gas
Conservation Act for the well authorized the drilling of the well to a zone
in the location;

     (e)  a well is outside the location of a licence or lease if no part
of the well-bore is situated in the location or any other subsurface area
underlying the surface area of the tract described in the licence or lease
as its location;

     (f)  if a  well  is productive from more than one spacing unit, each
of those spacing units shall be deemed to have a separate productive well
in it;

     (g)  if a producing well produces petroleum or natural gas from more
than one spacing unit, each spacing unit shall be deemed to have a separate
producing well in it.


Crown spacing units
3(1)  For the purposes of this Regulation, a spacing unit is a Crown
spacing unit in respect of petroleum or natural gas if  the title to the
petroleum or natural gas, as the case may be, in 50% or more  of the area
of the spacing unit, as determined under subsection (2), is owned by the
Crown in right of Alberta.

(2)  Where the Crown owns the title to the petroleum or natural gas in less
than 100% of the area of a spacing unit, the determination of whether or
not the spacing unit is a Crown spacing unit  shall be made in accordance
with the following:

     (a)  if the spacing unit consists of a section,  quarter-section or
legal subdivision of land, the whole of the area of the spacing unit shall
be deemed to contain 256, 64 or 16 hectares respectively;

     (b)  if the spacing unit does not consist of the whole of a section,
quarter-section or legal subdivision of land, the area of the spacing unit
shall be the area determined by the Minister for the purposes of this
section;

     (c)  for the purposes of this subsection, the "Crown portion" of a
spacing unit is the portion of the area of the spacing unit in respect of
which the Crown in right of Alberta owns the title to petroleum or natural
gas or both, calculated in accordance with this subsection;

     (d)  if the Crown portion of a spacing unit consists of the whole of
the location of a licence or lease, the area of the Crown portion is the
number of hectares shown in the description of the location in the licence
or lease;

     (e)  if the Crown portion of a spacing unit consists of a part only
of the location of a licence or lease, the area of the Crown portion of the
spacing unit is the number of hectares in that part of the location used by
the Minister in the calculation of the total area shown in the description
of the location in the licence or lease;

     (f)  if the number of hectares in the Crown portion of the spacing
unit, as determined under clauses (d) and (e), equals 50% or more of the
whole of the area of the spacing unit, the spacing unit is a Crown spacing
unit under subsection (1).


     Rights Granted

Rights granted by an agreement
4(1)  Subject to subsection (2) and any terms, conditions or exceptions
contained in the agreement, an agreement granting rights to petroleum or
natural gas or both conveys

     (a)  the exclusive right to drill for and recover petroleum and
natural gas in the location of the agreement in respect of which rights are
granted by the agreement, and

     (b)  the right to remove from the location any petroleum and natural
gas recovered pursuant to clause (a).

(2)  An agreement referred to in subsection (1) does not grant the right to

     (a)  oil sands, or

     (b)  natural gas in a coal seam that the Minister has authorized the
lessee of a coal lease to recover under section 65(2) of the Act.


     PART 1

     PETROLEUM AND NATURAL GAS LICENCES

Term of licence
5(1)  For the purposes of this Regulation,

     (a)  the initial term of a licence is the initial term of the
licence referred to in section 6(1), and includes any extension of that
term under this Regulation or section 8(1)(h) of the Act,

     (b)  the intermediate term of a licence is the 5-year period
beginning on the commencement date prescribed under subsection (2), and
includes any extension of that term under this Regulation or section
8(1)(h) of the Act, and

     (c)  the combined periods referred to in clauses (a) and (b) are
prescribed as the term of a licence for the purposes of sections 92 and 93
of the Act.

(2)  The commencement date of the intermediate term of a licence is

     (a)  subject to clause (b), the date of the expiration of the
initial term of the licence as shown in the licence, or

     (b)  the most recent anniversary of that expiration date, if the
initial term, as shown in the licence, is extended for a period of more
than one year.


Initial term of licence
6(1)  A licence shall be issued for an initial term of

     (a)  2 years, if the location is in the Plains Region,

     (b)  4 years, if the location is in the Northern Region, or

     (c)  5 years, if the location is in the Foothills Region.

(2)  If

     (a)  the drilling of a validating well is commenced in the location
of a licence before the expiration of the initial term of the licence,

     (b)  the rig release date for the well occurs after the expiration
of the initial term of the licence, and

     (c)  the drilling operations for the well are conducted diligently
and continuously to the satisfaction of the Minister, 

the initial term of the licence is extended to the expiration of the
one-month period following the rig release date for the well.

(3)   If a licensee commences the drilling of any other well in the
location of the licence during the period of any extension of the term
under subsection (2), except a well that is, by reason of section 26,
deemed to be the continuation of the drilling of a well referred to in
subsection (2), the well does not qualify as a validating well.


Maximum area of location
7    The maximum area of the location of a licence is

     (a)  15 sections in the Plains Region, 

     (b)  32 sections in the Northern Region, and 

     (c)  36 sections in the Foothills Region.


Location in more than one Region
8(1)  Where the location of a licence lies within more than one of the
Regions, then, for the purposes of this Regulation, the location is deemed
to be in the Region in which the greatest part of the location is situated.

(2)  Subject to subsection (1), if the location of a licence

     (a)  lies within 2 or 3 Regions and the parts of the location within
each of the Regions are equal in area, or

     (b)  lies within 3 Regions and the parts within 2 of the Regions are
equal in area,

then, for the purposes of this Regulation, the location shall be deemed to
be wholly within whichever of those Regions would result in the longest
term for the licence by reason of section 6(1) if the whole of the location
were in that Region.


Validating wells
9(1)  Subject to section 6(3) and subsection (5) of this section, the
following qualify as validating wells in respect of a licence:

     (a)  a well that is drilled in the location of the licence during
its initial term to a measured depth of at least 150 metres for the purpose
of evaluating petroleum and natural gas rights in the location of  the
licence;

     (b)  a well drilled in the location of the licence if

               (i)  the well is re-entered during its initial term,

               (ii) the well is either

                         (A)  drilled to a measured depth of at least
150 metres beyond the total measured depth of the well prior to the
re-entry, or

                         (B)  whipstocked from a point in the
well-bore and drilled beyond that point to a measured depth of at least 150
metres,

               and

               (iii)     the well is drilled for the purpose of evaluating
petroleum and natural gas rights in the location of the licence;

     (c)  a well drilled outside the location of the licence in a spacing
unit only part of which is in the location of the licence if

               (i)  no part of the remainder of the area of the spacing
unit is within the location of any other licence that is still in its
initial term,

               (ii) the well is drilled during the initial term of the
licence to a measured depth of at least 150 metres, and

               (iii)     the well, in the opinion of the Minister, will
evaluate petroleum and natural gas rights in the location of the licence;

     (d)  a well approved by the Minister as a validating well pursuant
to subsection (2), (3)  or (4).

(2)  The Minister may approve a well as a validating well in respect of a
licence if

     (a)  the licensee applies for the approval before the drilling of
the well is commenced,

     (b)  the well is drilled during the initial term of the licence in a
spacing unit no part of which is within the location of the licence, and

     (c)  the Minister is of the opinion that the well will evaluate
petroleum and natural gas rights in the location of the licence.

(3)  The Minister may approve a well as a validating well in respect of a
licence if

     (a)  the well was drilled in the location of the licence and is
re-entered during the initial term of the licence,

     (b)  the well does not otherwise qualify as a validating well under
subsection (1)(b), and 

     (c)  the Minister is of the opinion that the well, by reason of the
drilling operations, provides significant new information relating to the
evaluation of petroleum and natural gas rights in the location of the
licence.

(4)  The Minister may approve a well as a validating well in respect of a
licence if

     (a)  the well was drilled in the location of the licence and is
re-entered during the initial term of the licence,

     (b)  the well does not otherwise qualify as a validating well under
subsection (1)(b) or (3), and

     (c)  the well becomes a productive well.

(5)  If a well referred to in subsection (1)(b) is re-entered more than
once during the initial term of a licence, the well may qualify as a
validating well under subsection (1)(b) only on the basis of one re-entry
operation.


Grouping of licences
10(1)  In this section and section 11, "grouping well", in relation to a
group of licences approved under this section, means a well that

     (a)  is drilled in the location of either of the grouped licences,
if the drilling of the well commenced while the group was in effect, and

     (b)  in the opinion of the Minister, evaluates petroleum and natural
gas rights in the locations of both licences.

(2)  The Minister may, on application, approve the grouping of a licence
with one other licence if

     (a)  both licences are in their initial terms when the application
is received by the Minister,

     (b)  the application states that

               (i)  the drilling of a well in one of the grouped
locations will be commenced after the receipt by the Minister of the
application and before the earlier of the expiration dates of the initial
terms of the licences to be grouped, and

               (ii) the well will evaluate petroleum and natural gas
rights in the locations of both licences,

     (c)  the distance between the locations of the licences to be
grouped is 3.2 kilometres or less, and

     (d)  neither licence is part of any other group then in effect under
this section.

(3)  An application under subsection (2) may be made only by

     (a)  the designated representative for the licences sought to be
grouped, where both licences have the same designated representative, or

     (b)  in any other case, a person authorized to do so by the
designated representatives for both of the licences.

(4)  A group may contain land in more than one Region.

(5)  When the Minister approves a group under this section, the group is
effective as of the date on which the application for the approval was
received by the Minister.

(6)  A group approved under this section terminates on the sooner of

     (a)  the expiration of the initial term of either licence, and

     (b)  the receipt by the Minister of a request for the termination

               (i)  by the licensee, or

               (ii) where the licences are held by different licensees,
by the designated representative for either licence on behalf of both
licensees or by a person authorized to do so by the designated
representatives for both licences.

(7)  If

     (a)  the drilling of a grouping well is commenced in the location of
one of the grouped licences before the earlier of the expiration dates of
the initial terms of the grouped licences,

     (b)  the date of the expiration of the initial term of one or both
of the licences occurs before the rig release date for the well, and

     (c)  the drilling operations for the grouping well are conducted
diligently and continuously to the satisfaction of the Minister,

the initial term of that licence or the initial terms of those licences, as
the case may be, are extended to the end of the one-month period following
the rig release date for the well.


Selection and validation of location for intermediate term
11(1)  Subject to this Regulation, a licensee may apply to the Minister for
validation of the land qualified to remain in the location of the
licensee's licence at the commencement of the intermediate term of the
licence.

(2)  An application under subsection (1) must

     (a)  be received by the Minister within the 3-month period before
the expiration of the initial term of the licence,

     (b)  identify the validating wells and grouping wells drilled,

     (c)  provide sufficient evidence to demonstrate that each of the
wells is a  validating well or grouping well, as the case may be,

     (d)  show the licensee's selection of the land requested for
validation, and

     (e)  be accompanied by payment of the prescribed rental for the
first year of the intermediate term.

(3)  If an application has not been made pursuant to subsection (1) within
the 3-month period referred to in subsection (2)(a) and the Minister is of
the opinion that a well has been drilled that is or might be a validating
well or grouping well in respect of the licence,

     (a)  the Minister shall give a notice to the licensee

               (i)  stating that no application had been received by
the Minister within the 3-month period, and

               (ii) stating that the licensee may make an application
under subsection (1) within the one-month period following the date of the
notice on payment of the prescribed late application fee,

     and

     (b)  the licensee may make the application in accordance with the
notice.

(4)  In granting an application made under subsection (1), the Minister

     (a)  shall determine in accordance with Schedule 2 the number of
sections to remain in the location of the licensee's licence at the
commencement of the intermediate term of the licence, and

     (b)  may determine the configuration of the location of the licence
at the commencement of its intermediate term.

(5)  An application under this section may relate to both licences in a
group approved under section 10 and, in that event, the following rules
apply:

     (a)  if a well identified in the application is a grouping well, the
Minister's determinations under subsection (4), to the extent that they are
based on that grouping well, may relate to either or both of the locations
of the grouped licences;

     (b)  if a well identified in the application is a grouping well and
the licence locations are in different Regions, the Minister's
determination under Schedule 2, to the extent that it is based on that
grouping well, shall be made on the basis of the Region in which the well
is situated.

(6)  On making a decision in respect of an application under this section,
the Minister shall give a notice of the decision to the licensee and, on
the commencement date of the intermediate term of the licence, the location
of the licence ceases to include any land that is not validated under this
section as land that qualified to remain in the location of the licence at
the commencement of its intermediate term.

(7)  Where an application is made under this section on the basis of a
validating well approved under section 9(4) then, notwithstanding
subsection (4) of this section, the land that may be validated under this
section on the basis of that well shall consist of the part of the location
within the spacing unit for the validating well, down to the base of the
deepest zone from which the validating well is productive.


Licence continuation and offset requirements
12(1)  Sections 14 to 18 apply, with the necessary changes, to licences and
for that purpose

     (a)  a reference in those sections to a lessee or a lease shall be
read as a reference to a licensee or a licence respectively, and

     (b)  a reference in those sections to the term of a lease shall be
read as a reference to the intermediate term of a licence.

(2)  Sections 19 to 23 apply, with the necessary changes, to licences
during their intermediate terms and the period of continuation beyond their
terms, and for that purpose a reference in those sections to a lessee or a
lease shall be read as a reference to a licensee or a licence respectively.


Waiver of rental for licences under former Regulation
13(1)  This section applies only to licences issued pursuant to the former
Regulation.

(2)  Subject to subsections (3) to (5), if a licensee commences the
drilling of a validating well or grouping well in the location of the
licence, no rental is payable for each year of the remainder of the initial
term of the licence, commencing with the year of the initial term following
that in which the drilling commenced, with respect to that portion of the
total area of the location of the licence that would, in the opinion of the
Minister, form the area for an application under section 11 if the
application was made on the rig release date for the well.

(3)  If the rig release date for the validating well or grouping well has
occurred and the area for which an application may be made under section 11
is less than or greater than the portion of the total area in respect of
which no rental is payable by virtue of subsection (2), the rental shall be
adjusted by the Minister, effective as of the year of the initial term
following that in which the drilling commenced, so that the area in respect
of which no rental is payable is the actual area for which an application
may be made under section 11 on the rig release date for the well.

(4)  If an adjustment is made by the Minister pursuant to subsection (3),
the Minister or the licensee, as the case may be, shall pay to the other
the amount of the overpayment or underpayment, as the case may be, no later
than one month after the adjustment is made.

(5)  This section does not apply if the drilling of the validating well or
grouping well commences during the last year of the initial term of the
licence.


     PART 2

     PETROLEUM AND NATURAL GAS LEASES

     Continuation of Leases

Application for continuation of lease
14(1)  A lessee may, in accordance with this Regulation and

     (a)  within the last year of the term of the lease, or

     (b)  with the consent of the Minister, at any time before the last
year of the term of the lease,

apply to the Minister for the Minister's approval of the continuation of
the lease pursuant to section 15, 16 or 17(2)(a) or any combination of
them.

(2)  If the Minister disagrees in whole or in part with an application made
in accordance with subsection (1), the Minister shall give a notice to the
lessee respecting the disagreement and specifying the period of time within
which the lessee is entitled to respond to the notice.

(3)  The Minister shall not make a final decision in respect of an
application for continuation approval made under subsection (1)

     (a)  until after the expiration of the term of the lease, or

     (b)  if a notice was given under subsection (2), until after the
expiration of the term of the lease or the expiration of the period
specified in the notice, whichever event occurs last.

(4)  On making a decision in respect of an application for continuation
approval, the Minister shall give a notice of the decision to the lessee
and, subject to subsections (5), (6) and (7) of this section and section
17, the lease after the expiration of its term ceases to include any part
of the location or any subsurface area in all or part of the location that
is not approved for continuation by reason of the decision.

(5)  Where no application is made under subsection (1) in respect of a
lease before the expiration of its term or where an application is made
under subsection (1) but omits a reference to any part of the location,

     (a)  the Minister shall, as soon as practicable after the expiration
date, review the Department's records respecting the lease to determine
whether all or part of the location must be approved for continuation by
reason of subsection (7) or could be approved for continuation pursuant to

               (i)  section 15(1)(a) and (2)(a) on the basis of a
producing well,

               (ii) any other provisions of section 15 except
subsections (1)(e) and (2)(e), or

               (iii)     section 16(2) on the basis of a qualifying well
referred to in section 16(1)(a)(i),

          if the lessee were to apply for the approval in compliance with
a letter sent to the lessee under clause (b),

     (b)  if the Minister determines under clause (a) that all or part of
the location could be approved for continuation, the Minister shall send
the lessee a letter that

               (i)  describes the Minister's determination,

               (ii) states that the lessee may, within the one-month
period following the date of the notice, apply to the Minister for approval
of continuation of the lease in accordance with the Minister's
determination, and

               (iii)     states that the application must be accompanied by
payment of the prescribed rental for the first year following the
expiration of the term of the lease in respect of the  part of the location
specified in the application and of the prescribed late application fee, 

     and

     (c)  if the lessee makes an application in compliance with the
letter, the Minister shall approve the continuation of the lease in
accordance with the application.

(6)  Where no application is made under subsection (1) in respect of a
lease before the expiration of its term or where an application is made
under subsection (1) but omits a reference to any part of the location,

     (a)  the lessee may apply to the Minister in accordance with clauses
(b) and (c) for continuation of the lease after the expiration of its term
as to all or part of its location pursuant to 

               (i)  section 15(1)(a) and (2)(a), or

               (ii) section 16(2) on the basis of a qualifying well
referred to in section 16(1)(a)(iii),

          except any part of the location that is referred to in the
letter sent by the Minister to the lessee pursuant to subsection (5)(b),

     (b)  the application must be made before the end of the 60-day
period following

               (i)  the date of the letter sent by the Minister to the
lessee pursuant to subsection (5)(b),

               (ii) the date of a report sent by the Minister to the
lessee respecting the expiration of the term of the lease or the part of
the location of the lease, as the case may be, or

               (iii)     the date of a notification by the Minister to the
lessee indicating the Minister's intention to advise the Board of the need
to abandon a well in the location,

          whichever date occurs last,

     (c)  the application must be accompanied by

               (i)  the rental for the first year following the
expiration  of the term of the lease in respect of the part of the location
specified in the application,

               (ii) the prescribed late application fee, and

               (iii)     evidence sufficient to demonstrate that the well
qualifies under clause (a),

     and

     (d)  if the lessee makes an application under this subsection in
compliance with clauses (a), (b) and (c), the Minister shall approve the
continuation of the lease as to 

               (i)  the spacing unit for the well down to the base of
the productive zone that is stratigraphically the deepest in that spacing
unit, where the application is made pursuant to clause (a)(i), or

               (ii) the location or the part of the location, as the
case may be, contained in the section of land in which the qualifying well
is drilled, where the application is made pursuant to clause (a)(ii).

(7)  If the Minister determines under subsection (5)(a) that all or part of
the location or any subsurface areas in all or part of the location are
qualified for continuation 

     (a)  under section 15(1)(b) and (2)(b), or

     (b)  under section 16(2) on the basis of a qualifying well referred
to in section 16(1)(a)(i),

the Minister shall approve that part of the location or that subsurface
area for continuation and notify the lessee accordingly.

(8)  The Minister may not approve the continuation or further continuation
of a lease under this Part except on the basis of 

     (a)  an application authorized by and made in accordance with this
Part,

     (b)  an acceptance of an offer made in accordance with section 17,
or

     (c)  compliance with the Minister's obligations under subsection
(7).


Qualifications for continuation
15(1)  Subject to section 14 and subsections (2) and (3) of this section,
the Minister, in accordance with this Regulation, shall approve the
continuation of a lease after the expiration of its term to the extent that
the location is within any or all of the following:

     (a)  the spacing unit for a productive well;

     (b)  a spacing unit all or part of which is within the unit area of
a unit agreement to which the lease is subject;

     (c)  a spacing unit laterally adjoining the spacing unit for a
freehold well if the lessee, in accordance with this Regulation and before
the expiration of the term of the lease, has notified the Minister in
writing that the lessee elects to pay offset compensation  in respect of
the location or the part of the location within the spacing unit;

     (d)  a spacing unit all or part of which is within the area of a gas
storage agreement to which the lease is subject;

     (e)  a spacing unit all or part of which is productive from a zone
in the location.

(2)  The Minister's approval under subsection (1), in relation to a spacing
unit containing the location or any part of the location, shall be granted
down to the base of whichever of the zones described in the following
clauses is stratigraphically the deepest in that spacing unit:

     (a)  the deepest zone from which the well is productive, if
continuation is approved under subsection (1)(a) in relation to that
spacing unit;

     (b)  the deepest zone that is subject to a unit agreement, where
continuation is approved under subsection (1)(b) in relation to that
spacing unit;

     (c)  the offset zone from which the freehold well is producing
petroleum or natural gas, if continuation is approved under subsection
(1)(c) in relation to that spacing unit;

     (d)  the deepest zone that is subject to a gas storage agreement, if
continuation is approved under subsection (1)(d) in relation to that
spacing unit;

     (e)  the deepest productive zone, if continuation is approved under
subsection (1)(e) in relation to that spacing unit.

(3)  If the Minister approves the continuation of a lease after the
expiration of its term under section 16 as to all or part of the location,
this section does not apply to the lease or to the part of the location, as
the case may be, while the lease is continued under section 16.


Continuation by reason of drilling
16(1)  For the purposes of this section,

     (a)  a well is a "qualifying well" in relation to a lease if the
well qualifies under any of the following subclauses at the expiration of
the term of the lease or the expiration of a continuation period of the
lease, as the context requires:

               (i)  a well that is being drilled in the location of the
lease or in a section of land containing all or part of the location of the
lease;

               (ii) a well that is being drilled outside the location
of the lease and, in the opinion of the Minister, will evaluate petroleum
and natural gas rights in the location of the lease;

               (iii)     a well that has been drilled in the location of the
lease or in a section of land containing all or part of the location of the
lease, but in respect of which the 3-month period following the rig release
date for the well has not yet expired; 

               (iv) a well that has been drilled outside the location
of the lease and, in the opinion of the Minister, has evaluated petroleum
and natural gas rights in the location of the lease, but in respect of
which the 3-month period following the rig release date for the well has
not yet expired;

     (b)  a well shall be construed as being drilled at the expiration of
the term of a lease or at the expiration of a continuation period of a
lease, as the context requires, if the rig release date for the well has
not yet occurred at that expiration date;

     (c)  an "initial continuation period" in relation to a lease is the
period of continuation referred to in subsection (4) and includes any
extension of that period granted under subsection (8);

     (d)  a "further continuation period" in relation to a lease is a
period of further continuation referred to in subsection (5) and includes
any extension of that period granted under subsection (8);

     (e)  a "continuation period" in relation to a lease means the
initial continuation period of the lease or a further continuation period
of the lease.

(2)  Subject to section 14, if at the expiration of the term of a lease
there are one or more qualifying wells in relation to the lease, the
Minister shall approve the continuation of the lease after the expiration
of its term with respect to the whole or part of its location in accordance
with subsection (3).

(3)  The following rules apply with respect to applications for
continuation approval under subsection (2):

     (a)  subject to clause (d), the application must be made pursuant to
clause (b) or (c) of this subsection and not a combination of both;

     (b)  where the application is based on a qualifying well referred to
in subsection (1)(a)(i) or (iii), the lessee may apply for approval of
continuation under this clause in accordance with the following:

               (i)  if the whole of the location, less any part in
respect of which an application is made for approval of continuation under
section 15 or 17(2)(a), contains an area not exceeding 5 sections, the
lessee may apply for approval of continuation of the lease with respect to
the whole or any part of that area;

               (ii) if the whole of the location, less any part in
respect of which an application is made for approval of continuation under
section 15 or 17 (2)(a), contains an area greater than 5 sections, the
lessee may apply for approval of continuation of the lease with respect to
the portion of that area, not exceeding 5 sections, selected by the lessee
in the lessee's application;

     (c)  the lessee may apply for approval of continuation as to the
whole or any part of the location, if the application is  accompanied by
technical data that, in the opinion of the Minister, demonstrates that the
qualifying well will evaluate or has evaluated petroleum and natural gas
rights in the location or the part of the location of the lease sought to
be continued under this clause;

     (d)  if the Minister disagrees with an application under clause (c)
and sends a notice to the lessee respecting the disagreement pursuant to
section 14(2), the lessee may, in response to that notice, apply instead
for approval of continuation under clause (b), if the lessee is eligible to
apply under clause (b).

(4)  Where a lease is approved for continuation pursuant to subsection (2)
as to the whole or part of its location, the lease expires with respect to
the location or the part of the location so continued

     (a)  at the end of the 6-month period following

               (i)  the rig release date for the qualifying well, or

               (ii) where there are 2 or more qualifying wells, the
last of the rig release dates for those wells,

     or

     (b)  at the end of any extension of that period granted pursuant to
subsection (8),

subject to being further continued pursuant to subsection (5).

(5)  Where a lease is approved for continuation pursuant to subsection (2)
for its initial continuation period, the Minister shall approve one or more
further continuation periods for the lease if in the case of each further
continuation period the following requirements are met:

     (a)  an application for approval of the further continuation period
must be made to the Minister before the expiration of the initial
continuation period or the expiration of the then current further
continuation period, as the case may be;

     (b)  there must be at least one qualifying well in relation to the
lease at the expiration of the initial continuation period or the then
current further continuation period, as the case may be.

(6)  Where the location or part of the location is approved for
continuation pursuant to subsection (2), the area so approved remains the
same during any further continuation period except to the extent that it is
reduced by reason of the approval of continuation of part of the location
pursuant to section 15 or by reason of a surrender.

(7)  Where a lease is approved for further continuation pursuant to
subsection (5), the period of further continuation expires

     (a)  at the end of the 3-month period following

               (i)  the rig release date for the well, or

               (ii) where there are 2 or more qualifying wells, the
last of the rig release dates for those wells,

     or

     (b)  at the end of any extension of that period granted pursuant to
subsection (8).

(8)  If a lease is approved for continuation for an initial continuation
period or a further continuation period, the Minister may from time to time
grant an extension of that continuation period subject in the case of each
extension to the following:

     (a)  the lessee must apply to the Minister for the extension before
the continuation period expires;

     (b)  the application will be granted only if the Minister considers
the extension warranted in the circumstances.

(9)  If a lease is further continued pursuant to subsection (5) for one or
more further continuation periods, the lease expires at the end of the
further continuation period or the last of the further continuation
periods, as the case may be, unless it is approved for continuation under
section 15 as a result of an application under subsection (10).

(10)  Before a lease expires at the end of a continuation period by reason
of subsection (4) or (9), the lessee may apply for approval of the further
continuation of the lease pursuant to section 15 as to all or any part of
the location, as the case may be, and for that purpose section 14 applies,
with the necessary changes, as though the expiration of the continuation
period were the expiration of the term of the lease.


Continuation as to potentially productive part of the location
17(1)  In this section,

     (a)  "offer notice" means a notice referred to in subsection (4);

     (b)  "potentially productive part of the location", in relation to a
lease, means

               (i)  a part of the location of the lease in which one or
more potentially productive zones occur, or

               (ii) a subsurface area lying stratigraphically below the
base of the deepest productive zone in all or part of the location of the
lease and in which one or more potentially productive zones occur;

     (c)  "potentially productive zone" means a zone that is, in the
opinion of the Minister, potentially capable of producing petroleum or
natural gas or both in paying quantity.

(2)  The Minister may approve the continuation of a lease in respect of a
potentially  productive part of the location pursuant to this section on
the basis of

     (a)  an application made in accordance with subsection (3), or

     (b)  an acceptance made in response to an offer notice given to the
lessee.

(3)  An application referred to in subsection (2)(a)

     (a)  must be made by the lessee before the expiration of the term of
the lease in accordance with section 14(1) to (4), and

     (b)  shall show the potentially productive part of the location in
respect of which the approval of continuation is sought.

(4)  Where

     (a)  an application is made under section 14 before the expiration
of the term of the lease for approval of the continuation of the lease
pursuant to section 15 or 16 or both, and

     (b)  the Minister disagrees with the application in whole or in part
but considers any part of the location or any subsurface area in all or
part of the location not approved for continuation under section 15 or 16
to be a potentially productive part of the location,

the Minister, by a notice given to the lessee in accordance with subsection
(5), may offer to approve the continuation of the lease as to the
potentially productive part of the location.

(5)  An offer notice

     (a)  shall contain the Minister's offer and describe the potentially
productive part of the location and the potentially productive zone or
zones in it,
     
     (b)  shall state that the lessee may accept the Minister's offer for
the continuation of the lease in respect of all or part of the potentially
productive part of the location described in the offer notice,
     
     (c)  shall state that the acceptance of the offer must be
accompanied by

               (i)  the rental for any part of the location in respect
of which the rental has not yet been paid for the first year following the
expiration of the term of the lease, and

               (ii) the prescribed acceptance fee,

     (d)  may prescribe any other requirements respecting the offer or
any conditions on which the Minister may approve continuation under this
section, and

     (e)  if a notice is given to the lessee pursuant to section 14(2),
shall be included in or accompany that notice.

(6)  If an application referred to in subsection (2)(a) is granted by the
Minister or the lessee accepts the Minister's offer in accordance with the
offer notice, the Minister may approve the continuation of the lease as to

     (a)  the potentially productive part of the location, or

     (b)  a portion of the potentially productive part of the location
described in the offer notice, as determined by the Minister, if the
lessee's acceptance relates to less than the whole of the potentially
productive part of the location,

for a period of one year from the expiration of the term of the lease and
on the terms and conditions the Minister prescribes.

(7)  Where an acceptance is made in response to an offer notice, an
approval of continuation granted pursuant to subsection (6) is effective as
of the expiration of the term of the lease.

(8)  If a continuation approval is granted pursuant to subsection (6), the
lease expires with respect to the potentially productive part of the
location so continued at the end of the one-year period unless it is
approved for further continuation under section 15 or 16 as a result of an
application referred to in subsection (9).

(9)  Before a lease expires with respect to the potentially productive part
of the location at the end of the one-year period pursuant to subsection
(8), the lessee may apply for approval for the further continuation of the
lease pursuant to section 15 or 16 as to all or any portion of the
potentially productive part of the location and for that purpose section 14
applies, with the necessary changes, as though the expiration of the
one-year period were the expiration of the term of the lease.


Notice respecting non-productivity
18(1)  The Minister may give a lessee written notice in accordance with
this section if

     (a)  the lease is continued pursuant to section 15(1)(a) or (e) as
to all or any part of its location in a spacing unit  and the Minister
considers that the deepest productive zone in the spacing unit is then no
longer productive,

     (b)  the lease is continued pursuant to section 15(1)(b) as to all
or part of its location in a spacing unit and the deepest productive zone
in the spacing unit is then no longer subject to a unit agreement,

     (c)  the lease is continued pursuant to section 15(1)(c) as to all
or part of its location in a Crown spacing unit and the freehold well
concerned has, for a continuous 6-month period, ceased to produce petroleum
or natural gas from the zone that is the same as the deepest productive
zone in the Crown spacing unit, and the Minister considers the zone in the
freehold spacing unit to be no longer productive, or

     (d)  the lease is continued pursuant to section 15(1)(d) as to all
or part of the location in a spacing unit and the deepest productive zone
in the spacing unit is then no longer subject to a gas storage agreement.

(2)  In this section, "subsurface portion", in relation to a location or
part of a location of a lease contained in a spacing unit referred to in a
notice given under this section, means the portion of the subsurface in
that spacing unit that lies stratigraphically between

     (a)  the base of the zone specified in the notice and within that
spacing unit, and

     (b)  the base of the deepest productive zone in that spacing unit.

(3)  Subject to subsection (4), a notice under this section shall relate to

     (a)  the location or the part of the location contained in the
spacing unit referred to in subsection (1)(a), where the notice is given
pursuant to subsection (1)(a),

     (b)  the location or the part of the location contained in the
spacing unit referred to in subsection (1)(b), where the notice is given
pursuant to subsection (1)(b),

     (c)  the location or the part of the location contained in the Crown
spacing unit referred to in subsection (1)(c), where the notice is given
pursuant to subsection (1)(c), or

     (d)  the location or the part of the location contained in the
spacing unit referred to in subsection (1)(d), where the notice is given
pursuant to subsection (1)(d).

(4)  A notice under this section may be confined to a subsurface portion of
the location or part of the location to which the notice relates by reason
of subsection (3).

(5)  A notice under this section shall state that, after the expiration of
one year following the date on which the notice is given, the lease will
expire as to the whole or part of the location to which the notice relates
or the subsurface portion to which the notice relates, as the case may be,
except to the extent that it is continued by reason of subsection (9).

(6)  The Minister may from time to time extend the one-year period under a
notice given pursuant to subsection (1) if

     (a)  the lessee applies for the extension before the expiration of
the one-year period or of the previous extension, as the case may be, and

     (b)  the Minister considers the extension to be warranted in the
circumstances,

and, on the granting of the extension, a reference in subsection (8) or (9)
to a one-year period shall, in relation to the lease, be deemed to be a
reference to the extended period.

(7)  The Minister may at any time withdraw a notice given under this
section

     (a)  in its entirety,

     (b)  with respect to one or more of the spacing units to which the
notice relates, or

     (c)  with respect to all or part of the subsurface portion in one or
more of the spacing units to which the notice relates.

(8)  If a notice is given to a lessee pursuant to this section then,
subject to subsection (9), the lease expires at the end of the one-year
period referred to in the notice as to the whole or part of the location or
the subsurface portion, as the case may be, to which the notice relates.

(9)  Before a lease expires in respect of all or part of its location or a
subsurface portion, as the case may be, at the end of the one-year period
pursuant to subsection (8), the lessee may apply for approval of the
continuation of the lease pursuant to section 15 or 16 as to the location
or the part of the location or the subsurface portion, as the case may be,
or any lesser area or subsurface portion, and for that purpose section 14
applies, with the necessary changes, as though the expiration of the
one-year period were the expiration of the term of the lease.


     Offset Requirements

Interpretation of offset requirement provisions
19(1)  In this section and sections 20 to 23,

     (a)  "offset drilling obligation" means the requirements described
in section 20(2)(b) and contained in an offset notice;

     (b)  "offset notice" means a notice given pursuant to section 20(1);

     (c)  "offset well" means a well required to be completed and put on
production by a lessee pursuant to an offset notice or allowed to be
completed and put on production by the lessee pursuant to section 21(3)(d);

     (d)  "solution gas" means the gaseous component of petroleum that is
separated from crude oil after the recovery of the petroleum from a well;

     (e)  "3-month notice period", in relation to an offset notice, means
the 3-month period following the date of the notice and any extension of
that period granted under section 21 of this Regulation or section 8(1)(g)
of the Act.

(2)  In this section and sections 20 to 23, the definitions of "natural
gas" and "petroleum" in section 90(2) of the Act do not apply.

(3)  Where a freehold spacing unit laterally adjoining a Crown spacing unit
has

     (a)  a producing well completed in more than one zone, or

     (b)  2 or more producing wells each completed in one or more zones,

an offset notice pertaining to that freehold spacing unit may relate to and
identify each of those zones and, in that case, references in this section
and sections 20 to 23 to an offset zone shall be read as references to each
of those zones.


Offset notice
20(1)  The Minister may give a notice to a lessee in accordance with this
section where

     (a)  there is a producing well completed in a zone in a freehold
spacing unit laterally adjoining a Crown spacing unit containing all or
part of the location of the lessee's lease, and 

     (b)  there is no well producing petroleum or natural gas from the
same zone in the Crown spacing unit.

(2)  An offset notice shall

     (a)  identify the zone in the freehold spacing unit to which the
offset notice relates,

     (b)  require the lessee to

               (i)  drill a well to the offset zone in the Crown
spacing unit and determine whether or not that offset zone is productive,
and

               (ii) if the offset zone in that Crown spacing unit is
productive, complete the well and commence the production of petroleum or
natural gas from that offset zone,

          before the end of the 3-month notice period, and

     (c)  describe the lessee's alternative course of action under
subsection (3)(a) and the circumstances described in subsection (3)(b) and
(c) in which the lessee's offset drilling obligation need not be fulfilled.

(3)  A lessee to whom an offset notice is given

     (a)  may defer the lessee's offset drilling obligation by notifying
the Minister in writing, within the 3-month notice period, that the lessee
elects to pay offset compensation in accordance with sections 22 and 23;

     (b)  need not fulfil the lessee's offset drilling obligation if,
within the 3-month notice period, the lessee surrenders the lease or the
part of the location of the lease within the Crown spacing unit, or
surrenders the lease with respect to the part of the location down to the
base of the offset zone in the Crown spacing unit, excepting

               (i)  each zone in which a producing well is completed,
and

               (ii) each zone that is subject to a unit agreement or a
gas storage agreement;

     (c)  need not fulfil the lessee's offset drilling obligation if,
before the end of the 3-month notice period, 

               (i)  the freehold well is abandoned,

               (ii) the freehold well is abandoned in the zone or zones
to which the offset notice relates,

               (iii)     the Board makes an order that reduces the size of
the spacing unit for the freehold well with the result that the reduced
spacing unit containing the freehold well no longer laterally adjoins the
Crown spacing unit, or

               (iv) the offset zone underlying the location or part of
the location within the Crown spacing unit becomes subject to a unit
agreement or gas storage agreement. 

(4)  Where a lessee does not comply with an offset notice and the lessee's
offset drilling obligation is not deferred pursuant to subsection (3)(a) or
need not be fulfilled by reason of subsection (3)(b) or (c), the Minister
may, subject to subsection (5), cancel the lease with respect to the part
of the location of the lease down to the base of the offset zone within the
Crown spacing unit.

(5)  The Minister may not cancel a lease under subsection (4) in respect of
any zones in the Crown spacing unit that, since the date of the notice,
either

     (a)  produced petroleum or natural gas from a producing well, or

     (b)  became subject to a unit agreement or a gas storage agreement.

(6)  Where, after an offset notice is given, the Board makes an order that
has the effect of changing the area of the Crown spacing unit referred to
in the offset notice into smaller spacing units, the offset notice is
deemed to be amended to refer to the smaller Crown spacing unit or units
laterally adjoining the freehold spacing unit.


Review of offset notice
21(1)  A lessee to whom an offset notice is given may apply to the Minister
for a review of the decision to give the notice, or of any requirement
contained in the offset notice, by filing the application with the Minister
within one month after the date of the notice.

(2)  An application under this section must show either

     (a)  that the offset notice was not authorized by section 20(1), or

     (b)  the relief sought by the applicant under subsection (3)(b), (c)
or (d) and the grounds on which the relief is sought.

(3)  On concluding a review under this section, the Minister may

     (a)  where the applicant claims that the giving of the offset notice
was not authorized by section 20(1),

               (i)  confirm the decision to give the offset notice, or
     
               (ii) withdraw the offset notice,

     (b)  withdraw the offset notice if the Minister is satisfied, on the
basis of the evidence provided by the applicant, that the withdrawal of the
offset notice is warranted in the circumstances,

     (c)  extend the 3-month notice period where the Minister considers
the extension warranted in the circumstances,

     (d)  consent to the fulfilment of the lessee's offset drilling
obligation by

               (i)  completing an existing well in the offset zone in
the Crown spacing unit, and
     
               (ii) commencing the production of petroleum or natural
gas from that offset zone, 

          before the end of the 3-month notice period,

     (e)  consent to the fulfilment of the lessee's offset drilling
obligation by

               (i)  drilling a well to the offset zone in a part of the
location other than in the Crown spacing unit and determining whether or
not the offset zone is productive, and

               (ii) if the offset zone is productive, completing the
well and commencing the production of petroleum or natural gas from that
offset zone,

          before the end of the 3-month notice period, or

     (f)  consent to a surrender pursuant to section 20(3)(b) that
excepts a productive zone in addition to the excepted zones referred to in
section 20(3)(b)(i) and (ii).

(4)  A decision by the Minister under subsection (3) to withdraw an offset
notice does not preclude the Minister from giving another offset notice
relating to the same Crown spacing unit.


Liability to pay offset compensation
22(1)  A lessee is liable to the Crown for the payment of offset
compensation if

     (a)  the lessee is given an offset notice and notifies the Minister
in accordance with section 20(3)(a) of the lessee's election to pay offset
compensation, or

     (b)  the Minister gives a notice to the lessee pursuant to
subsection (2) requiring the lessee to pay offset compensation.

(2)  Where a lessee has fulfilled the lessee's offset drilling obligation
by completing and putting on production a well in the offset zone in the
Crown spacing unit, the Minister may give a notice to a lessee requiring
the lessee to pay offset compensation where

     (a)  the offset well in the Crown spacing unit has not produced
petroleum or natural gas from the offset zone for a period of at least 3
consecutive months, or

     (b)  the Minister is of the opinion that the production of petroleum
or natural gas from that well over a specified period is unduly or
unjustifiably less than the production of petroleum or natural gas from the
offset zone in the freehold spacing unit during the same period.

(3)  A lessee to whom a notice is given pursuant to subsection (2) may
apply to the Minister, within the one-month period following the date of
the notice, for a review of the Minister's decision to give the notice and,
on concluding the review, the Minister may

     (a)  confirm the decision,

     (b)  withdraw the notice if the Minister, on the basis of the
evidence provided by the applicant, considers the withdrawal of the notice
warranted in the circumstances, or

     (c)  specify a month later than the month specified in the notice
for the purposes of subsection (4)(b).

(4)  The liability of a lessee to pay offset compensation commences with

     (a)  the month following the month in which the 3-month notice
period expires, where the liability arises under subsection (1)(a), or

     (b)  the month specified in the notice given to the lessee under
subsection (2), where the liability arises under subsection (1)(b).

(5)  The liability of a lessee to pay offset compensation ends as of the
first day of the month in which any of the following dates occurs:

     (a)  the date on which a well commences production of petroleum or
natural gas from the offset zone in the Crown spacing unit;

     (b)  the date on which the Minister receives from the lessee a
surrender that is later accepted by the Minister and that surrenders

               (i)  the lessee's lease or the part of the location of
the lease containing the Crown spacing unit, or

               (ii) the part of the location of the lease within the
Crown spacing unit down to the base of the offset zone, excepting each zone
lying stratigraphically above the offset zone that is either productive or
is subject to a unit agreement or gas storage agreement;

     (c)  the date specified by the Minister, where the freehold well
has, for a period of at least 6 consecutive months, ceased to produce
petroleum or natural gas, as the case may be, from the offset zone in the
freehold spacing unit if the Minister considers the offset zone to be no
longer productive;

     (d)  the date on which the freehold well, according to the Board's
records, is abandoned in its entirety or in the offset zone;

     (e)  the effective date of an order of the Board that reduces the
area of the spacing unit for the freehold well with the result that the
spacing unit for the freehold well no longer laterally adjoins the Crown
spacing unit;

     (f)  the effective date on which the offset zone in the Crown
spacing unit becomes subject to a unit agreement or a gas storage
agreement;

     (g)  the date on which the Minister receives an application under
subsection (6), if the application is approved.

(6)  Notwithstanding subsection (3), the lessee may apply to the Minister,
at any time after the liability for offset compensation commences, to have
the lessee's liability terminated and, on considering the application and
the lessee's evidence, the Minister may direct that the liability be
terminated or may refuse to grant the application.

(7)  If a Crown spacing unit laterally adjoins more than one freehold
spacing unit each of which contains a well producing petroleum or natural
gas from the same zone, the liability of a lessee to pay offset
compensation applies in respect of each of those freehold wells and for
that purpose a reference in this section or section 23 to a freehold well
shall, in relation to that Crown spacing unit, be read as referring to each
of those freehold wells.


Calculation and payment of offset compensation
23(1)  Offset compensation payable by a lessee

     (a)  for any month in the first 12-month period during which the
lessee's liability for offset compensation arises under section 22(4) shall
be an amount equal to «  of the value of the Crown's royalty share of
petroleum or natural gas, that would have been payable to the Crown if the
freehold well had instead produced the petroleum or natural gas during that
month from the offset zone in the Crown spacing unit,

     (b)  for any month after the first 12-month period shall be an
amount equal to the value of the Crown's royalty share of petroleum or
natural gas that would have been payable to the Crown if the freehold well
had instead produced the petroleum or natural gas during that month from
the offset zone in the Crown spacing unit,

     (c)  shall be reduced by the amount of any deductions allowed under
subsection (3), and

     (d)  shall be paid in the manner and at the times prescribed by this
section.

(2)  For the purposes of subsection (1)(a) and (b),  

     (a)  the value of the Crown's royalty share of petroleum for any
month shall, in respect of crude oil, be calculated by using the new oil
par price prescribed for that month under the Petroleum Royalty Regulation
(AR 248/90), and

     (b)  the value of the Crown's royalty share of natural gas and
solution gas for any month shall be calculated by using 80% of the Gas
Reference Price prescribed by the Minister pursuant to the Natural Gas
Royalty Regulation, 1994 (AR 351/93) for that month, with no deductions for
any costs or allowances incurred in gathering, processing or reprocessing.

(3)  Where a lessee is liable for the payment of offset compensation in
respect of any month by reason of a notice given under section 22(2), the
amount of the offset compensation for that month shall be reduced by the
following amounts:

     (a)  the amount representing the value to the Crown, as determined
by the Alberta Petroleum Marketing Commission, of crude oil recovered from
the offset well and delivered to the Commission or its agent at a field
delivery point in that month;

     (b)  the amount obtained by multiplying the quantity, in gigajoules,
of the Crown's royalty share of natural gas and solution gas recovered from
the offset well in that month by 80% of the Gas Reference Price for the
month.

(4)  A lessee who is liable to pay offset compensation shall make each
payment to the Minister no later than 30 days after being sent an invoice
for the amount by the Minister.

(5)  If a lessee, no later than 3 months after the date of the Minister's
invoice sent under subsection (4), provides proof satisfactory to the
Minister that the average price received in the month for crude oil
produced from the freehold well is less than the new oil par price referred
to in subsection (2)(a), the value of the Crown's royalty share of crude
oil shall be determined using the average price received in the month for
crude oil produced from the freehold well, instead of the new oil par price
referred to in subsection (2)(a).


     PART 3

     GENERAL

Withdrawal of Crown from unit agreement
24(1)  In this section,

     (a)  "unit agreement" means a unit agreement as defined in the Act;

     (b)  "unit operations", in relation to a unit agreement, means any
operations or activities conducted for the purpose of producing petroleum
or natural gas pursuant to the unit agreement or any other operations or
activities conducted for the purpose of developing or exploiting petroleum
or natural gas pursuant to the unit agreement;

     (c)  "unit operator" means the person who is the unit operator under
a unit agreement according to the records of the Department.

(2)  If no unit operations have been conducted under a unit agreement for a
period of at least 12 consecutive months, the Minister may give a notice to 

     (a)  the unit operator, and

     (b)  the persons who, according to the records of the Department,
are the working interest owners under the unit agreement, 

stating that the Crown intends to withdraw as a party to the unit agreement
after the end of the 3-month period following the date of the notice.

(3)  The unit operator or a person authorized for the purpose by the unit
operator may apply to the Minister to withdraw the notice given under
subsection (2).

(4)  An application under subsection (3)

     (a)  must be made before the end of the 3-month period following the
date of the notice, and

     (b)  must be accompanied by evidence showing

               (i)  that unit operations had not ceased before the date
of the notice,

               (ii) that unit operations have recommenced since that
date and are continuing in good faith, or

               (iii)     that on the date of the notice, unit operations
were suspended in circumstances where the obligation of the unit operator
to perform those operations was suspended pursuant to the force majeure
provisions of the unit agreement.

(5)  The Minister may, on application, extend the 3-month period referred
to in subsection (4)(a) if the Minister considers the extension warranted
in the circumstances, whether the application is made before or after the
expiry of the 3-month period.

(6)  Unless the Minister sooner withdraws a notice given under subsection
(2), the Minister may make a declaration stating that the Crown has
withdrawn as a party to the unit agreement as of the date specified in the
declaration if

     (a)  an application was not made under subsection (3) in accordance
with subsection (4), or

     (b)  an application was made under subsection (3) but the Minister
considered that the evidence accompanying the application was insufficient
to support the request for the withdrawal of the notice or that the
application was not made in good faith.

(7)  The Crown ceases to be a party to a unit agreement as of the date
specified in the declaration of withdrawal made by the Minister under
subsection (6).

(8)  A declaration of withdrawal made by the Minister under subsection (6)
must be published in The Alberta Gazette.


Proof of ownership of freehold rights
25   If the location of a licence or lease forms a part only of a spacing
unit and the  title to the petroleum or natural gas or both in the
remainder of the spacing unit is not owned by the Crown in right of
Alberta,

     (a)  the Minister may give a notice to the licensee or lessee, as
the case may be, requiring the licensee or lessee to provide to the
Minister, within the period specified in the notice, proof that the
licensee or lessee has the right to drill for and recover petroleum or
natural gas or both with respect to that remainder of the spacing unit, and

     (b)  the Minister may cancel the licence or lease if the notice
under clause (a) is not complied with.


Time extensions related to drilling problems
26(1)  If, due to mechanical or other difficulties encountered in the
drilling of a well referred to in any provision of this Regulation, the
well cannot be completed but within one month from the cessation of those
drilling operations the drilling of another well is commenced

     (a)  in the same spacing unit, or 

     (b)  with the consent of the Minister, in another spacing unit,

the drilling of that other well shall be deemed to be a continuation of the
drilling of the uncompleted well. 

(2)  The Minister may, on application, extend the one-month period under
subsection (1), if the Minister considers the extension warranted in the
circumstances.


     Transitional

Interpretation of transitional provisions
27   In sections 28 to 33,

     (a)  "former continuation rules" means

               (i)  sections 90 and 94 to 97 of the Act, as they stood
on December 31, 1997, and

               (ii) sections 23 and 24 of the former Regulation;

     (b)  "new continuation rules" means sections 14 to 17 of this
Regulation;

     (c)  a reference to section 96, 97 or 98 of the Act is a reference
to that section as it stood on December 31, 1997.


Licences under former Regulation
28(1)  Except as otherwise provided in subsections (2) and (3), this
Regulation applies to every licence issued under the former Regulation and
having a term expiring on or after January 1, 1998.

(2)  If

     (a)  the term of a licence issued under the former Regulation
expires on or after January 1, 1998,

     (b)  the location of the licence was in, or deemed to be in, the
Plains Area under the former Regulation, and

     (c)  the location of the licence contains more than 15 sections of
land, 

the Minister, in granting an application under section 11(1) of this
Regulation, shall use the Table in Schedule B of the former Regulation to
determine the number of sections of land to remain in the location of the
licence at the commencement of its intermediate term.

(3)  If 

     (a)  2 licences issued under the former Regulation were grouped
under section 10 of the former Regulation before January 1, 1998, 

     (b)  2 licences issued under the former Regulation are grouped under
section 10 of this Regulation, or

     (c)  a licence issued under the former Regulation and a licence
issued under this Regulation are grouped under section 10 of this
Regulation,

and, in the absence of the enactment of this Regulation, the licensee or
licensees would have been entitled to apply for leases having aggregate
locations containing more than 15 sections of land, the Minister, in
granting an application under section 11(1) of this Regulation in relation
to those licences, shall use the Table in Schedule B of the former
Regulation to determine the aggregate number of sections of land to remain
in the locations of the licences at the commencement of their intermediate
terms.

(4)  Where the term of a licence issued under the former Regulation expired
on or before December 31, 1997 but all of the procedures respecting lease
selection and issuance had not been completed before that date, sections 11
and 12 and Schedules A and B of the former Regulation continue to apply to
the licence as though those sections and Schedules had not been repealed.


Pre-1998 leases
29(1)  Subject to subsection (2), this Regulation applies to every lease
issued before January 1, 1998.

(2)  Except as otherwise provided in sections 30 and 31, the former
continuation rules apply to a lease whose term expired before January 1,
1998 until the decision is finally made in respect of an application under
section 94 of the Act for approval of continuation of the lease after the
expiration of its term.


Continuation under section 96 of the Act
30(1)  Where as of January 1, 1998, a lease is being continued as to the
whole or any part of its location for a period pursuant to section 96(1) or
(4) of the Act or any extension of that period, the period is automatically
extended for a further 3-month period and, at the end of that 3-month
period, section 16 of this Regulation applies, and the former continuation
rules cease to apply, to the lease with respect to the whole or part of the
location so continued as though the expiration of the 3-month extension
period were the expiration of its initial continuation period.

(2)  In subsection (1), "initial continuation period" has the meaning given
to it by section 16(1)(c) of this Regulation.


Continuation under section 97 of the Act
31(1)  Where as of January 1, 1998 a lease is being continued as to the
whole or part of its location pursuant to section 97 of the Act then, on
the expiration of the one-year period referred to in section 97(4) of the
Act or of any extension of that period, section 17(9) of this Regulation
applies, and the former continuation rules cease to apply, to the lease
with respect to the whole or part of the location so continued as though
the expiration of the period or the extension were the expiration of the
term of the lease.

(2)  Notwithstanding subsection (1), the security furnished by a lessee
pursuant to section 97(3)(d)(ii) of the Act shall be dealt with under the
former continuation rules.


Non-productivity notices
32(1)  If the one-year period under a notice given under section 98 of the
Act expires during 1998, the new continuation rules apply to the location
or part of the location or the subsurface portion of the location or part
of the location, as the case may be, to which the notice related, as though
the expiration of the one-year period were the expiration of the term of
the lease.

(2)  Where a notice given under section 18 of this Regulation relates to a
lease whose term expired before January 1, 1998, section 18 shall, as far
as practicable, be applied to the lease as though the lease had been
continued under the new continuation rules.


Offset drilling obligations
33(1)  Where

     (a)  prior to January 1, 1998 the Minister has given a lessee a
notice respecting the default by the lessee in complying with section 21(2)
of the former Regulation and stating that the Minister will cancel the
lease or cancel the lease with respect to the part of the location within
the Crown spacing unit concerned, as the case may be, if the default is not
remedied before the expiration of the 30-day period following the date of
the notice, and

     (b)  the 30-day period referred to in the notice expires on or after
January 1, 1998,

section 21(1), (2), (4) and (5) of the former Regulation continue to apply
to the lessee and the lease in relation to the Crown spacing unit
concerned, as though that section had not been repealed, until the
expiration of the 30-day period or any extension of that period. 

(2)  If a notice had been given to a lessee under section 21(3) of the
former Regulation before January 1, 1998 and the 90-day period in that
notice or any extension of that period expires after that date, section
21(1), (3), (4) and (5) of the former Regulation continue to apply to the
lessee as though that section had not been repealed, until the expiration
of the 90-day period or any extension of that period.

(3)  Where a lessee

     (a)  was liable for the payment of compensatory royalty under the
former Regulation and the liability had not ended by January 1, 1998, or

     (b)  became liable for the payment of compensatory royalty under the
former Regulation by reason of an election received by the Minister on or
after January 1, 1998 and before the expiration of

               (i)  the 30-day period referred to in subsection (1) or
any extension of that period, or

               (ii) the 90-day period referred to in subsection (2) or
any extension of that period,

the lessee's liability to pay compensatory royalty becomes a liability to
pay offset compensation under this Regulation.


Variation of transition rules
34   Where the Minister is satisfied that any of the provisions of sections
28 to 33 have caused or are causing undue hardship or prejudice in a
particular case or class of cases, the Minister may by a general or special
direction vary or replace any of the provisions of sections 28 to 33 to the
extent necessary to remove or alleviate the hardship or prejudice.


     Repeal

Repeal
35   The Petroleum and Natural Gas Agreements Regulation (AR 188/85) is
repealed.


     Expiry

Expiry
36   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


     Coming into Force

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


     SCHEDULE 1

     REGIONS


PLAINS REGION

     The Plains Region consists of the land in Alberta contained within
the outer perimeter of the land listed below:

     On the east by townships 1 to 66 inclusive, range 1, west of the 4th
meridian;

     and

     On the north by township 66, ranges 1 to 27 inclusive, all west of
the 4th meridian, and township 66, ranges 1 to 4 inclusive, and township
34, range 5, all west of the 5th meridian;

     and

     On the west from townships 35 to 66 inclusive, range 4, west of the
5th meridian;

     and

     On the west from townships 1 to 34 inclusive, the lands immediately
adjacent to the Foothills Region;

     and

     On the south by township 1, ranges 1 to 23 inclusive, all west of the
4th meridian.


NORTHERN REGION

The Northern Region consists of the land in Alberta not included in the
Plains Region or the Foothills Region.


FOOTHILLS REGION

     The Foothills Region consists of the land in Alberta listed below and
that land within Alberta located south and west of the listed land:

     Township 1, range 24; township 2, range 25; township 3, range 26;
township 4, range 27; township 5, range 28; and townships 6 to 11
inclusive, range 29, all west of the 4th meridian; 

     and

     Townships 12 and 13, range 1; townships 14 to 20 inclusive, range 2;
townships 21 and 22, range 3; townships 23 to 28 inclusive, range 4;
townships 29 and 30, range 5; townships 31 to 34 inclusive, range 6;
townships 35 and 36, range 7; township 37, range 8; township 38, range 9;
townships 39 and 40, range 10; township 41, ranges 11 to 13 inclusive;
township 42, range 14; township 43, ranges 15 and 16; township 44, range
17; townships 45 and 46, range 18; townships 47 and 48, range 19; township
48, range 20; township 49, ranges 21 and 22; township 50, range 23;
townships 51 and 52, range 24; townships 53 and 54, range 25; township 54,
range 26; townships 55 and 56, range 27, all west of the 5th meridian; 

     and

     Township 56, range 1; townships 57 and 58, range 2; township 58,
range 3; townships 59 and 60, range 4; township 60, ranges 5 and 6;
township 61, ranges 7 and 8; township 62, ranges 9 and 10; township 63,
range 11; townships 64 and 65, range 12; and township 66, ranges 13 and 14,
all west of the 6th meridian.


     SCHEDULE 2

     NUMBER OF SECTIONS THAT MAY QUALIFY
     TO REMAIN IN A LICENCE LOCATION AT
     THE COMMENCEMENT OF THE
     INTERMEDIATE TERM

1    Subject to sections 2 and 3 of this Schedule, where a validating well
is drilled at least to a measured depth shown in Column 1 in the following
Table (the measured depth being referred to in this Schedule as the "Column
1 depth") but not beyond the next succeeding measured depth shown in Column
1, the number of sections of land that may be validated as qualified to
remain in the location of a licence at the commencement of its intermediate
term is 

     (a)  the number of sections shown in the Column for the appropriate
Region opposite the Column 1 depth, plus

     (b)  the number of sections or parts of sections calculated by
multiplying the difference between the Column 1 depth and the total
measured depth of the well by the Incremental Factor in Column 5 opposite
the Column 1 depth.


     TABLE

Column 1  Column 2  Column 3  Column 4  Column 5
MEASURED  PLAINS    NORTHERN  FOOTHILLS INCREMENTAL
DEPTH     REGION    REGION    REGION    FACTOR
(in metres)    (sections)     (sections)     (sections)     (sections per metre)

150  3    5    8    Nil
300  3    5    8    0.0033*
600  3    6    9    0.0033
900  4    7    10   0.0033
1200 5    8    11   0.0033
1500 6    9    12   0.0033
1800 7    10   13   0.0033
2100 8    11   14   0.0050**
2400 9.5  12.5 16   0.0050**
2700 11   14   18   0.0066
3000 13   16   20   0.0066
3300 15-- 18   22   0.0066***
3600 15-- 20   24   0.0066***
3900 15-- 22   26   0.0066***
4200 15-- 24   28   0.0100***
4500 15-- 27   31   0.0100***
4800 15-- 30   34   0.0100***
5000 15-- 32-- 36

     *    As to the Plains Region, read "nil" instead of 0.0033;
     **   As to the Plains Region, read "nil" instead of 0.0050;
          As to the Foothills Region, read "0.0066" instead of 0.0050;
     ***As to the Plains Region, read "nil" instead of the number shown in
column 5;
     --   Maximum.


2   Where a whipstocked well referred to in section 9(1)(b)(ii)(B) of this
Regulation is a validating well,

     (a)  the Column 1 depth for the well is the total measured depth of
the well, in the case of the first of the whipstocked wells drilled, and

     (b)  the Column 1 depth for the well is that portion of the measured
depth of the well calculated from the point in the well-bore from which the
well was whipstocked to the total measured depth of the well, in the case
of a well subsequently whipstocked from the same re-entered well.


3(1)  If the determination pursuant to section 1 or 2 of this Schedule
results in a fraction of a section of land that is greater than «, the
fractional section shall be considered to be a whole section for the
purposes of the determination.

(2)  If the determination pursuant to section 1 or 2 of this Schedule
results in a fraction of a section of land that is « or less, the
fractional section shall be disregarded for the purposes of the
determination.


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

     Alberta Regulation 264/97

     Mines and Minerals Act

     CROWN MINERALS REGISTRATION REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 644/97) pursuant to
sections 5, 139 and 144 of the Mines and Minerals Act.


     Table of Contents

Definitions    1

     Registration Generally

Recording registration of documents     2
Registration of ministerial transfers   3
Registration fees   4

     Transfers

Registration of transfers     5

     Security Notices and Other Statutory Notices

Registration of statutory notices  6
Affidavits under section 143(8) of the Act   7
Continuations of registration 8
Cancellation of registration of security notice   9
Maximum charge under section 142(7) of the Act    10
Repeal    11
Expiry    12
Coming into force   13


Definitions
1   In this Regulation,

     (a)  "Act" means the Mines and Minerals Act;

     (b)  "court order" means an order or judgment referred to in section
142(9)(b) or 143.1(1) of the Act;

     (c)  "document" means

               (i)  a transfer other than a ministerial transfer, 

               (ii) a statutory notice, or

               (iii)     a statement of lien to which section 26.1 of the
Builders' Lien Act applies, a notice of a change of address for service
referred to in section 28 of that Act, a certificate of lis pendens under
that Act, a discharge of a lien under that Act or a notice of withdrawal of
a certificate of lis pendens under that Act;

     (d)  "ministerial transfer", in relation to an agreement, means

               (i)  a transfer of the agreement or a specified
undivided interest in the agreement made by the Minister pursuant to
section 24(3) of the Act, or

               (ii) a transfer of the agreement, a part of the location
of the agreement or a specified undivided interest in the agreement made by
the Minister pursuant to a judgment or order of a court;

     (e)  "prescribed form", in relation to a transfer or statutory
notice, means the form of transfer or statutory notice, as the case may be,
determined by the Minister pursuant to the Act;

     (f)  "prescribed registration fee" means the fee prescribed in the
Schedule to the Mines and Minerals Administration Regulation (AR 262/97);

     (g)  "statutory notice" means

               (i)  a security notice,

               (ii) a notice of change of address for service referred
to in section 140(8) of the Act, or

               (iii)     a notice referred to in section 141(1) of the Act.


     Registration Generally

Recording registration of documents
2(1)  For the purposes of this Regulation, a document shall be considered
as submitted to the Minister for registration when it is received in the
document registration office of the Department, notwithstanding anything in
section 5 of the Mines and Minerals Administration Regulation (AR 262/97).

(2)  When a document is submitted to the Minister for registration, the
Minister shall assign a provisional registration number to the document and
record on the document the provisional registration number and the date on
which it is assigned.

(3)  The Minister shall keep a record of each document to which a
provisional  registration number has been assigned.

(4)  If the registration of a document is refused by the Minister, the
provisional registration number assigned to that document is automatically
cancelled.

(5)  If a document submitted to the Minister for registration is determined
by the Minister as acceptable for registration, the Minister shall record
the registration of the document and, on doing so, the provisional
registration number becomes the registration number of the document.

(6)  If registration of a document is recorded in accordance with
subsection (5), registration of the document is effective as of the date on
which the provisional registration number is assigned to the document.

(7)  Any record required or permitted to be made by the Minister under this
Regulation may be made in any manner that the Minister may determine.


Registration of ministerial transfers
3(1)   When a ministerial transfer is made,

     (a)  the Minister shall assign a registration number to the transfer
and record on the transfer the registration number and the date on which it
was assigned, and

     (b)  the Minister shall record the registration of the transfer. 

(2)  When the registration of the ministerial transfer is recorded, the
registration is effective as of the date on which the registration number
is assigned to the transfer.


Registration fees
4   The Minister may refuse to register a document submitted for
registration unless the prescribed registration fee for that document has
been paid to the Minister.


     Transfers

Registration of transfers
5(1)  The Minister may refuse to register a transfer submitted for
registration on any of the following grounds:

     (a)  the transfer is not in the prescribed form or is not completed
in accordance with the prescribed form;

     (b)  the transfer is not executed in the manner required by the
prescribed form;

     (c)  the proof of execution of the transfer is not satisfactory to
the Minister;

     (d)  the transfer would, if registered, result in the agreement
being held by 2 or more lessees in a manner inconsistent with section 8 of
the Mines and Minerals Administration Regulation (AR 262/97);

     (e)  the transfer would, if registered, result in one or more
lessees holding less than a 1% undivided interest in the agreement;

     (f)  a specified undivided interest being conveyed by the transfer 

               (i)  is expressed other than in decimal form, or

               (ii) is expressed in decimal form but to more than 7
decimal places;

     (g)  the transferor or transferee is in default of payment of any
debt owing to the Crown in right of Alberta;

     (h)  the transfer conveys part of the location of an agreement and
the prescribed issuance fee for the new agreement resulting from the
transfer has not been paid to the Minister.

(2)   A transfer shall not be registered if 

     (a)  a provision of the Act, the regulations under the Act or the
agreement affected by the transfer requires  the consent of the Minister to
the transfer and the consent is refused or a decision respecting the
consent has not yet been made, or

     (b)  the Minister has actual notice of a judgment or order of a
court that prohibits the transfer or the registration of the transfer.


     Security Notices and Other Statutory Notices

Registration of statutory notices
6(1)  The Minister may refuse to register a statutory notice submitted for
registration on any of the following grounds:

     (a)  the statutory notice is not in the prescribed form for that
notice or is not completed in accordance with that prescribed form;

     (b)  the statutory notice is not executed in the manner required by
the prescribed form for that notice;

     (c)  the proof of execution of the statutory notice is not
satisfactory to the Minister;

     (d)  there is attached to the statutory notice the original or a
copy of the security instrument, discharge, partial discharge, assignment,
partial assignment, postponement or discharge of postponement to which the
statutory notice relates.     

(2)  A statutory notice shall not be registered if the Minister has actual
notice of a judgment or order of a court that prohibits the registration of
that statutory notice.

(3)  A security notice to which section 143(9) of the Act applies shall not
be registered unless it is accompanied by a certified copy of the order of
the Court of Queen's Bench granting leave for the submission of the
security notice for registration.


Affidavits under section 143(8) of the Act
7   If an affidavit provided to the Minister pursuant to section 143(8) of
the Act is satisfactory to the Minister, the Minister may record and
register the affidavit under section 2 as though it were a document.


Continua-tions of registration
8   Where the registration of a security notice is continued in respect of
a lease by reason of section 140(10) of the Act or in respect of a new
agreement or consolidated agreement by reason of section 140(10.1) of the
Act, the Minister shall make a record of the existing registration of the
security notice and

     (a)  any notice of partial discharge relating to that security
notice,

     (b)  any notice of postponement relating to that security notice,
and

     (c)  the most recently registered notice of assignment, if any,
relating to that security notice,

with respect to that lease, new agreement or consolidated agreement, as the
case may be.


Cancella-tion of registration of security notice
9(1)  The Minister shall cancel the registration of a security notice after
the registration of a notice of discharge of security interest that relates
to the security interest that is the subject of the security notice.

(2)  Cancellation of the registration of a security notice is effected,

     (a)  in the case of a court order directing the cancellation, when a
certified copy of the court order is registered, or

     (b)  in the case of a cancellation pursuant to section 143(8) of the
Act, when the affidavit provided to the Minister under that subsection is
registered in accordance with section 7.

(3)  Where the registration of a security notice is cancelled, the Minister
shall record the cancellation on the security notice and delete the record
of the registration.

(4)  Where any registration of a statutory notice was made in error and is
cancelled pursuant to section 143.1(2) of the Act, the Minister shall
record the cancellation on the statutory notice or the certified copy of
the court order, as the case may be, and delete the record of the
registration.


Maximum charge under section 142(7) of the Act
10   If a person is served with a demand for information under section
142(3) of the Act, the maximum charge that may be made under section 142(7)
of the Act shall be $1 for the first page and $0.25 for each additional
page of the security instrument concerned.


     Repeal

Repeal
11   The Crown Land Registration Regulation (AR 420/81) is repealed.


     Expiry

Expiry
12   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


     Coming into Force

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


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

     Alberta Regulation 265/97

     Public Sector Pension Plans Act

     PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)
     AMENDMENT REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 613/97) pursuant to
Schedule 1, section 15 of the Public Sector Pension Plans Act.


1   The Public Sector Pension Plans (Legislative Provisions) Regulation (AR
365/93) is amended by this Regulation.


2    Schedule 1 is amended by adding the following after Part 3:

     PART 4

     TERMINATION OF THE WHOLE PLAN

     47   This Part relates to the development, pursuant to section 15 of
the Act Schedule, of the other plan within the meaning of section 15(1)(a)
of that Schedule.

     48(1)   For the purposes only of developing the other plan and of
exercising and performing powers, duties and functions ancillary to that
development and until the other plan has been developed, the Board is a
corporation.

     (2)  The Board is not a corporation to the extent that it is acting
outside the purposes referred to in subsection (1).

     49(1)  The Board may charge to the plan fund the costs lawfully
incurred by it in its corporate capacity in developing the other plan and
exercising and performing the ancillary powers, duties and functions
referred to in section 48(1)

               (a)  if the expenditures are in accordance with the
Financial Administration Act, and

               (b)  to the extent that the amount charged to the plan
fund under this Part 

                         (i)  in 1997 does not exceed $30 000,

                         (ii) in 1998 does not exceed $770 000, or

                         (iii)     in 1999 does not exceed $760 000.

     (2)  Costs referred to in subsection (1) must be charged to post-1991
assets within the meaning of section 26 (but ignoring references in that
section to the time of withdrawal).


4   This Part ceases to have any force after December 31, 1999.


     Alberta Regulation 266/97

     Private Vocational Schools Act

     PRIVATE VOCATIONAL SCHOOLS AMENDMENT REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 618/97) pursuant to
section 26 of the Private Vocational Schools Act.


1   The Private Vocational Schools Regulation (AR 66/94) is amended by this
Regulation.


2   Section 5(a)(iii) is amended by striking out "fee prescribed in the
Schedule" and substituting "the required fee".


3   Section 10(a)(iii) is amended by striking out "fee prescribed in the
Schedule" and substituting "the required fee".


4   The Schedule is repealed.


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


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

     Alberta Regulation 267/97

     Collection Practices Act

     COLLECTION PRACTICES AMENDMENT REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 621/97) pursuant to
section 26 of the Collection Practices Act.


1   The Collection Practices Regulation (AR 77/79) is amended by this
Regulation.


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


     (2)  The fee payable to replace a collection agency licence or a
collector's licence that has been lost, defaced or destroyed is $40.

     (3)  The fee payable to amend a collection agency licence or a
collector's licence is $40.


3   Section 3(2) is repealed and the following is substituted:

     (2)  The minimum amount of security under sections 5(1) and 7(1) of
the Act shall be as follows:

               (a)  for a new collection agency licence     $15 000;

               (b)  if the previous 12 months' 
                    collections were $250 000 or less  $15 000;

               (c)  if the previous 12 months' 
                    collections were more than $250 000
                    but not more than $500 000    $25 000;

               (d)  if the previous 12 months' 
                    collections were more than $500 000
                    but not more than $1 000 000  $35 000;

               (e)  if the previous 12 months' 
                    collections were more than $1 000 000   $50 000.


4   Section 7(2) is amended by adding "a transfer fee of $75 and" after
"the Administrator".


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


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

     Alberta Regulation 268/97

     Municipal Government Act

     FOOTHILLS REGIONAL EMERGENCY SERVICES
     COMMISSION REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 625/97) pursuant to
section 602.02 of the Municipal Government Act.


     Table of Contents

Establishment  1
Members   2
Services  3
Operating deficits  4
Property  5
Non-profit corporation   6
Coming into force   7

Schedule


Establishment
1   A regional services commission known as the Foothills Regional
Emergency Services Commission is established.


Members
2   The following municipalities are members of the Commission:

     (a)  the Town of Okotoks;

     (b)  the Town of Black Diamond;

     (c)  the Town of Turner Valley;

     (d)  the Town of High River;

     (e)  the Village of Longview;

     (f)  the Municipal District of Foothills No. 31.


Services
3   The Commission is authorized to provide emergency medical services and
an emergency services communication system.


Operating deficits
4   The Commission may not assume operating deficits that are shown on the
books of any of the member municipalities.


Property
5(1)  The member municipalities shall execute all documents and do all
things necessary to transfer to the Commission all land, buildings and
personal property listed in the Schedule to this Regulation.

(2)  The Commission may not, without the approval of the Lieutenant
Governor in Council, sell any of its land, buildings or personal property
whose purchase has been funded wholly or partly by grants from the
Government of Alberta.

(3)  The Lieutenant Governor in Council may give approval under subsection
(2) if satisfied

     (a)  as to the repayment of grants from the Government of Alberta
and outstanding debt associated with that portion of the land, buildings
and personal property to be sold,

     (b)  that the sale would not have a significant adverse effect on
the services the Commission provides, and

     (c)  that the sale will be properly reflected in the rates
subsequently charged to the customers of the Commission.


Non-profit corporation
6(1)  The Commission is to operate as a non-profit corporation unless
otherwise approved by the Minister.

(2)  The Minister's approval may contain any terms or conditions that the
Minister considers appropriate.


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


     SCHEDULE

     PART 1

     HIGHWOOD EMERGENCY MEDICAL SERVICES

     EQUIPMENT LIST

AMBULANCE 1178

1993 FORD E350 CHASSIS WITH MCCOY MILLER MODULAR CONVERSION
     Serial # 1FDKE30M3PHA03917

EQUIPMENT serial/model #

    multi-level stretcher 29M     L-93749
    chair stretcher     HRA0036
    scoop stretcher     C12535
    2 Ferno spineboards JJ-97568/72
    Lifepak 10 monitor/defibrillator/
        pacemaker   00000669
    Ohmeda portable suction  52705
    Floguard 6200 Intravenous Drug pump     4069280
    Advanced airway kit 
    Mobile radio with remote GM300
    Nonin oximeter HH4675


AMBULANCE 1179

1991 FORD E350 CHASSIS WITH 1995 CRESTLINE COACH MODULAR CONVERSION
     Serial # 1FDKE30M7MMA86537

EQUIPMENT serial/model #

    multi-level stretcher 29M     L-174297
    chair stretcher     HRA0036
    scoop stretcher     L-81293
    2 Ferno spineboards JJ-87559/97566
    Lifepak 10 monitor/defibrillator/
        pacemaker   00011851
    Ohmeda portable suction  64540
    Floguard 6200 Intravenous Drug pump     43962445
    Advanced airway kit 
    Mobile radio with remote GM300
    Nonin oximeter HH13601


AMBULANCE 1366

1997 FORD E350 CHASSIS WITH MCCOY MILLER MODULAR CONVERSION 
     Serial # 1FDKE30F3VHA50038

EQUIPMENT serial/model #

    multi-level stretcher 29M     L-246929
    chair stretcher     HRA0036
    scoop stretcher     J27358
    2 Ferno spineboards JJ-97568
    Lifepak 10 monitor/defibrillator/
        pacemaker   00025904
    Ohmeda portable suction  55607
    Floguard 6200 Intravenous Drug pump     40692980
    Advanced airway kit 
    Mobile radio with remote GM300
    Nonin oximeter HH4094


AMBULANCE SUPPORT VEHICLE ECHO 1

1993 FORD EXPLORER 4X4 Serial # 1FMDU34X7PUC00466

EQUIPMENT serial/model #

    stretcher 107C L-222566
    Lifepak 5 monitor/defibrillator    0018827/0017881
    Advanced airway kit 
    Portable suction    52768
    Mobile radio   GM300


COMMUNICATION SYSTEM

    Repeater  836PQE3059     Aldersyde
    Duplexer  SRLQ2220E Aldersyde
    Telephone interconnect   740CQC0928     Aldersyde
    Antenna omni gain   A07848    Aldersyde
    Antenna, Yagi  001561-4  Hospital
    Base station   428PQE3037-5   Hospital
    Remote desk top     448CQE0099     St. 91
    Remote desk top     740CQC0570     Hospital ER

    Portable, Bendix King    L25889    Sierra 1
    Portable, HT1000    402AWQB081Z    St. 92
    Portable, HT1000    402AWQB082Z    St. 92
    Portable, HT1000    402AWQB077Z    St. 92
    Portable, HT1000    402AWQB079Z    St. 91
    Portable, HT1000    402AWQB080Z    St. 91
    Portable, HT1000    402AWQB078Z    St. 91
    Portables include microphone,
       battery, charger, case.


STATION 91

    Battery support system   0001421
    Lifepak charger     00011649
    Defibrillator tester     0877
    BP monitor     00004240
    29M stretcher  L-93749
    IVAC IV pump   2863B3315563
    CPR training system 8167-8174, 8189, 8190
    Airway trainer Laerd25000
    AST computer system 286AVQ17602
    Spineboards (2)     2001


RESCUE

    Rescue bags (2) containing ropes, caribiners, pulleys, harnesses,
          etc.
    Inflatable boat - 4 man - with motor, jet, drive and trailer
    Rescue jackets, boards


STATION 92

    Compaq computer system   A444HCY2D613
    Fridge    71300238
    Stove
    Battery support system   0001421
    Central vacuum system    9411145
    Paging system, six minitor pagers with chargers
     MD5BQCILNM, MD5BQCILNN, MD5BQCILNH, MD5BQCILNJ, MD5BQCILNK, MD5BQCILN


     PART 2

     OILFIELDS AND DISTRICT EMERGENCY
     MEDICAL SERVICES

     EQUIPMENT LIST

EQUIPMENT Serial Number

Office supplies

1-Latech systems tower case   
1-Acerview 56e Monitor   M5EH71674688

1-MPCZ Multimedia PC     94070010
1-Daytek Monitor    EWBOC143SVA

1-Latech Systems tower case
1-Brother HL 730 DX Printer   F60143708
1-Acerview 76ie Monitor  M7EH64266508

1-GVC P120 Laptop Computer    GND963200158

1-Homeline Microwave     3B72316A
1-Microwave Deluxe  ER - 786BT
1-Samsung 27" TV    3CAGCOO110
1-Toshiba VCR  81342757

2-CPR dolls


Portable Radios and Pagers

1-Bendix King Radio with accessories    251418
1-Bendix King Radio with accessories    631243
1-Bendix King Radio with accessories    250760
1-Bendix King Radio with accessories    
1-Bendix King 5 Unit charger  LAA0380
1-Icom H18, 2 batteries, 1 charger 13331
1-Motoria Minitor II SV Pager MD5BRN278W
1-Motoria Minitor II SV Pager MD5BRN
2
1-Motoria Minitor II SV Pager MD5BRN278Z
1-Motoria Minitor II SV Pager 
3-Motorola Pager Chargers     64DO5481L01
1-Motoria MT1000 Radio   751PRL2010-5
   (2 batteries, 1 charger)
1-Motoria JT1000    402AWA6562Z
   (2 batteries, 1 charger)
1-Motorola StarTac Cell Phone 572GXNHB91


Unit 1184

1-1993 E-350 Type II Ambulance     1FDJS34M2PHB78187
1-Ferno multi-level Stretcher L39928
1-Motorola cellular phone
1-Motorola radius GM300 Radio 159TWGA244
1-Sagar Splint 4050
1-KED
1-scoop stretcher   126846
1-chair stretcher   L57415
1-MAST pants   18262
1-Lifepak 10 monitor/defibrillator/
   pacemaker   2374354
1-Baxter IV infusion pump     6101187FA


Airway Kit

1-Nonin Pulse Oximeter   HH15743
1-Pediatric BVM     OSV4164
2-Pediatric BVM Oxygen masks
1-Adult BVM
2-Adult BVM Oxygen masks
1-Laryngioscope handle
6-Laryngioscope blades


Trauma Kit

1-Glucometer Elite  343747


Unit 1185

1-1986 Ford E350 Type II Ambulance 1FDHS34L7GHB54375


Unit 1328

1-1995 Ford E350 Type III Ambulance     1FDE3F29HB30765
1-Ferno Multi-level Stretcher L301973
1-Motorola GP300 Mobile Radio 159TWGA210
1-Global Positioning Unit     25504835
1-Motorola Cellular Phone
1-Double Baxter IV Pump  6070230FB
1-Sagar splint 220509
1-Chair stretcher   996950
1-Scoop stretcher   590614
1-MAST pants   202657-R3


Airway Kit

1-Nonin Pulse Oximeter   HH15743
1-Pediatric BVM
2-Pediatric BVM masks
1-Adult BVM    OSV4056
2-Adult BVM masks
1-Laryngioscope handle
6-Laryngioscope blades

1-Physio Control Lifepac 10-C 00012180
11-Lifepak 10 batteries


Trauma Kit

1-Thermoscan Thermometer 144988
1-Glucometer Elite  390815
1-Matrix Portable Suction Unit


Extra Equipment

2-Pediatric BVMs
2-Adult BVM masks


Echo 2

1-1990 Chevrolet Suburban     1GNER16K71F157849
1-TAD Mobile radio
1-Lifepak 5 Defibrillator     10659
1-Lifepak 5 Monitor 0044969



     PART 3

     FOOTHILLS REGIONAL
     COMMUNICATIONS CENTRE

     EQUIPMENT LIST

EQUIPMENT Serial Number

Red Meridian Phone  01NT8B400401988918
Black Meridian Phone     NTB40-03A0397265
Zetron 4010R Dispatch Console -
Zetron 4000 series Phone/Radio interface     -
Acer 34T 13" Monitor     M3TP64603060-1P1-P1
Acer 76ie 17" Monitor    N7EH64266612H1
Acer 76e 17" Monitor     73826791H76491H
Latech Pentium CPU  -
AS1 9000 CPU   455734
Netstation CPU 90095712
CL40 Power Conversion Box     HJQ1528
TAD M8 Mobile Radio c/w mic   014586
Supercom TDD   32848
ATISPL 2000 Digital Logging Recorder    59SPL538
Motorola Desk Trac Base Stn.  154 SRE 4692
Motorola Desk Trac Base Stn.  154 SRE 4691
Motorola Desk Trac Base Stn.  154 SRM 0721
Caviar 2420 Hard Drive   WM2680378227
Concorde Chair 6/1697
Telus Phone Simulator/Trainer -
MRTI 740CRK0386
Wooden Dispatch Console  -
Mitsubishi Television    -
Sharp VCR -


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

     Alberta Regulation 269/97

     Court of Appeal Act
     Court of Queen's Bench Act
     Civil Enforcement Act

     ALBERTA RULES OF COURT AMENDMENT REGULATION


     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C.626/97) pursuant to section
15 of the Court of Appeal Act, Section 18 of the Court of Queen's Bench Act
and sections 106 and 107 of the Civil Enforcement Act.


1   The Alberta Rules of Court (AR 390/68) are amended by this Regulation.


2  Rule 5(1)(h.1) is amended by adding "St. Paul," after "Fort McMurray,".


3   The following is added after Rule 5:

Determination of distances
     5.01   Any reference in these Rules with respect to the distance from
a judicial centre or a Queen's Bench location is a reference to the
distance from the Court House located in that judicial centre or Queen's
Bench location.


4(1)   Rule 11 is amended

     (a)  in subrule (1) by adding "and it expires at the end of the day
of the first anniversary of the day that it is issued" after "is issued";

     (b)  in subrule (3) by striking out "12-month period" and
substituting "period of time";

     (c)  by repealing subrules (9) and (10) and substituting the
following:

          (9)  Notwithstanding subrule (3), if the Court finds as a fact

               (a)  that, before a statement of claim expired,

                         (i)  a defendant,

                         (ii) anyone purporting to be a defendant, or

                         (iii)     any lawyer or other person purporting
to negotiate on behalf of a defendant

                    caused the plaintiff or the plaintiff's lawyer to
reasonably believe, and to rely on that belief, that

                         (iv) the defendant had been served,

                         (v)  liability was not or would not be
contested, or

                         (vi) the time limits provided for in subrule
(3) or any other time limits that relate to the action would not be relied
on or would be waived,

               and

               (b)  that the statement of claim has expired,

          the Court may by order renew that statement of claim for a
period of time not exceeding 3 months from the day that the order was made.

          (10)  A statement of claim renewed pursuant to an order made
under subrule (9) operates only as against the defendant in respect of whom
the order was made.

(2)  Rule 11

     (a)  as it read immediately before the coming into force of
subsection (1) applies to statements of claim that expired before the
coming into force of subsection (1) in the same manner as if Rule 11 had
not been amended by subsection (1);

     (b)  as amended by subsection (1) applies only to statements of
claim that are in force on or that are issued after the coming into force
of subsection (1).


5   Rule 170(1) is amended by striking out "the defendant has served a
statement of defence on the plaintiff" and substituting "the issuance of
the statement of claim".


6   Rule 323 is repealed and the following is substituted:

Approval of  judgment or order re Court of Appeal
     323   If a judgment or an order of the Court of Appeal is not signed
forthwith on the granting of the judgment or the order, that judgment or
order may be signed subsequently in one or more of the following
circumstances:

               (a)  on notice to all parties;

               (b)  in ex parte proceedings;

               (c)  where the form of the judgment or order is approved
by the opposing solicitor or party.


Approval of judgment or order re Court of Queen's Bench
     323.1(1)  In this Rule, "judge" means, in respect of a judgment or an
order of the Court of Queen's Bench, the judge who granted the judgment or
order and includes a master or other judicial officer who granted a
judgment or an order.

     (2)  Neither a judgment nor an order of the Court of Queen's Bench
that is not signed forthwith by the judge on the granting of the judgment
or the order shall be subsequently signed except in accordance with this
Rule.

     (3)  If a judgment or an order of the Court of Queen's Bench is not
signed forthwith on the granting of the judgment or the order, that
judgment or order may be signed subsequently by the judge in one or more of
the following circumstances:

               (a)  on notice to all parties;

               (b)  in ex parte proceedings;

               (c)  in proceedings where the opposing solicitor or
party did not attend;

               (d)  where the form of the judgment or order is approved
by the opposing solicitor or party.

     (4)  Notwithstanding Rule 318(2), where a judgment or an order is to
be signed pursuant to subrule (3), that judgment or order must

               (a)  be presented for signing to the judge, accompanied
by the clerk's notes that are relevant to that judgment or order, and

               (b)  be signed by the judge on the judge's being
satisfied that the judgment or order reflects the judgment or order that
had been granted.

     (5)  For the purposes of subrule (4), a judgment or an order may be
presented for signing

               (a)  directly to the judge, or

               (b)  to the judge through the clerk's office located in
the judicial centre where the judgment or order was granted, in which case
the clerk shall present the documentation in its original copy or, where
appropriate, by telecopier to the judge for signing.


7   Rule 385.1 is repealed and the following is substituted:

Application by conference telephone
     385.1(1)  In this Rule,

               (a)  "office or residence" means, in respect of a
participant, the participant's office or residence, whichever is located
the closest to the Queen's Bench location at which an application is
required to be brought;

               (b)  "participant" means,

                         (i)  in the case of a party represented by
counsel, the counsel representing that party, and

                         (ii) in the case of a party not represented
by counsel, that party;

               (c)  "Queen's Bench location" means the Court House at
which the Court of Queen's Bench sits in Peace River, Grande Prairie, St.
Paul, Edmonton, Hinton, Wetaskiwin, Red Deer, Drumheller, Calgary,
Lethbridge, Medicine Hat and Fort McMurray.

     (2)  Where an application is proposed to be brought before a judge or
a master, the application may be conducted by means of a conference
telephone call if

               (a)  the judge or the master, as the case may be,
consents to the application being conducted by means of a conference
telephone call,

               (b)  all the participants to the application consent to
the application being conducted by means of a conference telephone call,
and

               (c)  either

                         (i)  the office or residence of the
participant requesting to appear at the application by means of a
conference telephone call is located more than 100 kilometres from the
Queen's Bench location at which the application is required to be brought,
or

                         (ii) there is not a resident judge or
master, as the case may be, located at the Queen's Bench location at which
the application is required to be brought and the Court is satisfied that
the circumstances are sufficiently urgent and important to warrant that the
application be heard prior to the time that the Court will next be sitting
at that Queen's Bench location.

     (3)  If a participant

               (a)  cannot obtain the consent of all the participants
to conduct an application under this Rule, or

               (b)  has reasonable grounds to believe that it would be
impractical to obtain the consent of all the participants to conduct an
application under this Rule,

     the participant may, on notice to the other participants, apply by
means of a conference telephone call for the Court's permission to have the
application referred to in subrule (2) heard by conference telephone call.

     (4)  The application referred to in subrule (2) and the application
made under subrule (3) may be dealt with in the same conference telephone
call if permission is granted by the Court to do so.

     (5)  Unless otherwise directed by the Court, when participating in an
application to which subrule (2)(c) applies,

               (a)  if the location of the participant's office or
residence is not greater than 100 kilometres from the Queen's Bench
location at which the application is to be brought, the participant must
attend at the clerk's office located at that Queen's Bench location and
participate in the conference telephone call from the clerk's office, or

               (b)  if the location of the participant's office or
residence is greater than 100 kilometres from the Queen's Bench location at
which the application is to be brought, the participant may either

                         (i)  participate in the conference telephone
call in the same manner as that provided for under clause (a), or

                         (ii) participate in the conference telephone
call from another location by means of a telephone that is connected by
conference call with the Court and the other participants to the
application and also with the clerk's office located at that Queen's Bench
location.

     (6)  Where a judge or master makes an order with respect to an
application under this Rule, the order is deemed to have been made at the
Queen's Bench location at which the application is required to be brought.

     (7)  The judge or master who hears an application under this Rule
may, where in the opinion of the judge or master it appears that personal
attendance of a participant is desirable, direct that the application be
heard or completed in chambers with the personal attendance of that
participant.

     (8)  Where material is to be filed or issued in respect of an
application that is to be conducted under this Rule,

               (a)  that material shall be filed or issued by the clerk
in the judicial district in which the action is carried on, and

               (b)  if directed by the Court, a participant shall,
before the application is heard, provide copies of the material to the
Court by means of a telecopier or otherwise.

     (9)  Unless otherwise directed by the Court, the clerk located at the
Queen's Bench location at which the application is to be brought

               (a)  shall co-ordinate the conference call, and

               (b)  may participate in the conference call.

     (10)  Unless otherwise directed by the Court, any costs resulting
from an application being conducted by means of a conference telephone call
shall be paid by the party or the party's counsel who requested that the
application be conducted under this Rule.

     (11)  The Court may, if the Court is satisfied that circumstances
warrant it, dispense with or alter any of the requirements or criteria
established under this Rule for conducting an application by means of a
conference telephone call.

     (12)  Other than in respect of an application made under the
Reciprocal Enforcement of Maintenance Orders Act or the Divorce Act
(Canada), a person is not eligible to participate as a participant in an
application under this Rule from a location that is outside of Alberta.

Discretion re hearing other applications by conference telephone
     385.2(1)  Where the requirements or criteria established under Rule
385.1 are not met for an application to be conducted by means of a
conference telephone call, a judge or master may nevertheless, on the
motion of that judge or master, conduct the application by means of a
conference telephone call.

     (2)  Except where otherwise directed by the Court, the provisions of
Rule 385.1(1) to (11) apply to an application conducted under this Rule.


8   The following is added after Rule 440:

Restraining orders
     440.1(1)  In this Rule, "restraining order" means a restraining order
that is being sought in respect of a matrimonial, domestic or family matter
or any other inter-personal matter between individuals.

     (2)  Where an application is made for a restraining order, the
applicant may proceed under Part 30 but, instead of using an affidavit, a
completed questionnaire as specified by the Court and verified under oath
or by statutory declaration may be used.

     (3)  For the purposes of Part 30, a completed questionnaire referred
to in subrule (2) is considered to be an affidavit.


9   The following is added after Rule 481:

Proposal to pay out
     481.1   Where money has been paid into Court pursuant to a garnishee
summons, the clerk may provide to a person who is shown in a Personal
Property Registry search result as having a right or interest in that money
a notice setting out the manner in which the clerk proposes to pay out that
money.


10   Rule 515.1 is amended by adding the following after subrule (8):

     (9)  If a case has been struck from the General Appeal List and the
case is not restored to the General Appeal List within 6 months from the
day that the case was struck from the General Appeal List, the appeal is
deemed to have been abandoned.


11   Rule 538(1) is repealed and the following is substituted:

Filing
     538(1)  The appellant shall file 8 copies of the appellant's factum
with the registrar and shall serve one of the filed copies of the factum on
each respondent

               (a)  on the 60th day or before 60 days have elapsed from
the day on which the appeal books have been prepared, or

               (b)  during the 7th month or before 7 months have
elapsed after the filing of the notice of appeal,

     whichever is the earliest date.


12   Rule 586 is amended by adding the following after subrule (2):

     (2.1)  For the purposes of paying fees referred to in subrule (2),
the clerk may operate charge accounts to enable counsel to charge the fees
and be rendered an account at such time as the clerk considers appropriate.


13   Rule 593 is amended by adding the following after subsection (1):

     (1.1)  Notwithstanding subsection (1), the Court may order security
for costs against any party where the Court, on its own motion or on the
motion of any other party, finds that it is just and reasonable to do so in
the circumstances.

     (1.2)  Where costs are ordered under subrule (1.1), Rules 594 and 595
apply with the necessary modifications.


14   Rule 607 is repealed and the following is substituted:

Interlocutory proceedings
     607    Notwithstanding the final determination of an action, the
costs of any interlocutory proceeding in that action, whether ex parte or
otherwise, shall, unless otherwise ordered, be paid by the party who was
unsuccessful on the interlocutory proceeding.


15   Rule 627 is amended by striking out "or" at the end of clause (b) and
by repealing clause (c).


16   Rule 643 is repealed and the following is substituted:

Definitions
     643   In this Rule and Rules 643.1 to 658,

               (a)  "client" includes

                         (i)  any person from whom a barrister and
solicitor has demanded any sum for costs;

                         (ii) any person who may be liable for costs;

                         (iii)     any person who, not being chargeable as
the principal party, is liable to pay or has paid any solicitor and client
bill of costs or part of that bill of costs;

               (b)  "taxing officer" means,

                         (i)  where the barrister and solicitor
carries on business in Alberta, the clerk or deputy clerk of the judicial
centre nearest to where the solicitor carries on business,

                         (ii) where the barrister and solicitor does
not carry on business in Alberta, the clerk or deputy clerk of the judicial
centre nearest to where the client resides, or

                         (iii)     notwithstanding subclauses (i) or (ii),
any other clerk or deputy clerk as may be designated by the Court.

Who may request taxation of costs
     643.1   An account of a barrister and solicitor may be taxed in
Alberta

               (a)  at the request of a client if

                         (i)  the barrister and solicitor resides in
Alberta,

                         (ii) the barrister and solicitor's principal
office is in Alberta,

                         (iii)     the barrister and solicitor's account
specifies an Alberta address for the barrister and solicitor or the law
firm of the barrister and solicitor,

                         (iv) most of the services were performed in
Alberta,

                         (v)  the services were performed in
connection with legal proceedings commenced in Alberta in which the
barrister and solicitor was a barrister and solicitor of record, or

                         (vi) the retainer agreement between the
barrister and solicitor and the client so provides;

               (b)  at the request of the barrister and solicitor if

                         (i)  the client resides in Alberta,

                         (ii) the principal office or place of
business of the client is in Alberta,

                         (iii)     most of the services were performed in
Alberta and the barrister and solicitor has no office in the jurisdiction
where the client resides or carries on business, or

                         (iv) the retainer agreement between the
barrister and solicitor and the client so provides.


17   The following is added after Rule 729.4:

Affidavits
     729.5   Notwithstanding Rule 729.4, where an affidavit is filed with
a clerk by means of a telecopier, the original of that affidavit must be
filed with that clerk within 15 days from the day that the affidavit was
filed with that clerk by means of a telecopier.


18(1)  Subject to subsections (2) and (3), this Regulation, in accordance
with the Regulations Act, comes into force on being filed under the
Regulations Act.

(2)  Sections 2 and 14 come into force on January 1, 1998.

(3)  Sections 10, 11 and 17 come into force on February 1, 1998.



     Alberta Regulation 270/97

     Justice of the Peace Act

     JUSTICE OF THE PEACE AMENDMENT REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 627/97) pursuant to
section 7 of the Justice of the Peace Act.


1   The Justice of the Peace Regulation (AR 309/91) is amended by this
Regulation.


2   Section 3 is amended by adding the following after clause (k):

     (k.1)     the Trespass to Premises Act;


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

     Alberta Regulation 271/97

     Provincial Court Act

     MEDIATION RULES OF THE PROVINCIAL COURT
     - CIVIL DIVISION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 629/97) pursuant to
section 21 of the Provincial Court Act.


     Table of Contents

Definitions    1
Referral to mediation    2
Counsel's duty to notify client and to confirm    3
Scheduling of mediation  4
Attendance and representation 5
Confidentiality     6
Impartiality   7
Inadmissibility in other court proceedings   8
Requirement as to good faith  9
Mediator's immunity from suit 10
Exemption from mediation requirement    11
Need for notice of completion to fix trial date   12
Failure to resolve, or termination 13
Court's power in case of non-attendance 14
Time limit for mediation 15
Costs for further scheduling  16
Notice of completion of mediation  17
Closure where agreement performed  18
Forms     19
Application    20


Definitions
1   In these Rules,

     (a)  "Court" means the Civil Division of the Provincial Court;

     (b)  "mediated agreement" means any written agreement reflecting a
consensus reached among the parties under these Rules as a result of a
mediation session;

     (c)  "mediation co-ordinator" means a supervisor of the Court's
mediation program in the office of the Clerk of the Court who holds the
position of mediation co-ordinator;

     (d)  "mediation session" means a negotiation session arranged by or
under the auspices of the Court at which a mediator assists the parties to
identify the issues and the parties' interests, structures their
discussions, facilitates communication among them and provides them with
the opportunity to resolve their case in a mutually agreeable way with a
view to settling the action and thereby obviating the need for a trial;

     (e)  "mediator" means a person appointed by the Court or by a
mediation co-ordinator as a result of the application of these Rules.


Referral to mediation
2(1)  At any time after a dispute note is filed, the Court or a mediation
co-ordinator may refer the action for mediation, on giving notice to the
parties or, where they are represented, to their counsel.

(2)  On the request of any party, the Court or a mediation co-ordinator may
refer the action for a mediation session.


Counsel's duty to notify client and to confirm
3   On receipt of a notice pursuant to Rule 2, counsel for a party shall
immediately provide a copy to that party and confirm to a mediation
co-ordinator in writing that this has been done.


Scheduling of mediation
4(1)  Where only one defendant is named in the action, a mediation session
may be scheduled after a dispute note is filed.

(2)  Where 2 or more defendants are named, a mediation session may be
scheduled after

     (a)  a dispute note has been filed by one or more defendants,  and

     (b)  a period of 20 days has passed since the filing of the civil
claim.


Attendance and representation
5(1)  All the parties receiving notice under Rule 2(1) shall attend at a
mediation session.

(2)  If a party is incorporated, the corporation must be represented by an
individual who has knowledge of the facts and authority to resolve the
action on the corporation's behalf.

(3)  Counsel or an agent may attend with a party at a mediation session.

(4)  Other persons may attend with the consent of all the parties and the
mediation co-ordinator or the mediator.


Confidentiality
6(1)  Whatever is said at a mediation session is confidential if the
parties have agreed that it is to be kept confidential.

(2)  Subrule (1) does not apply

     (a)  to anything contained in a mediated agreement, or

     (b)  to evidence that is admitted under Rule 8(6)(b).


Impartiality
7   A mediator must be impartial and shall act impartially.


Inadmissibility in other Court proceedings
8(1)  Anything said at a mediation session is inadmissible in any
proceeding before the Court.

(2)  Any document or electronic record prepared or generated for the
purposes of a mediation session is privileged in the hands of the person to
whom it belongs.

(3)  Neither the mediator nor any other person present at the mediation
session may be subpoenaed or otherwise required to testify or to produce
records or notes relating to the mediation in any proceeding before the
Court.

(4)  A mediation session may not be taped, nor transcripts of it  kept.

(5)  Any record of what took place at a mediation session is not admissible
before the Court, unless the parties agree in writing.

(6)  This Rule does not

     (a)  apply to a mediated agreement, or

     (b)  prevent the admission of factual evidence relating to the cause
of action that would be admissible apart from subrule (1) or (2).


Requirement as to good faith
9  All parties to a mediation session and, if applicable, their
representatives must negotiate in good faith.


Mediator's immunity from suit
10(1)  No proceedings lie against a mediator or Her Majesty the Queen in
right of Alberta for anything done or not done while discharging or
purporting to discharge responsibilities under these Rules.

(2)  A mediator has the same immunity from civil suit as has  a judge of
the Court.


Exemption from mediation requirement
11  Notwithstanding anything in these Rules, any party may apply to the
Court, on at least 2 days' notice being given to all the other parties, for
an order exempting the parties from the application of these Rules, and the
Court may, if it considers that there is good and sufficient reason to do
so, make an order to that effect setting out that reason.


Need for notice of completion to fix trial date
12  In order to arrange the fixing of a trial date, the parties must
obtain, and there must be produced to the Clerk of the Court, a notice of
completion of mediation.


Failure to resolve, or termination
13   Where the parties have completed a mediation session or any party or
the mediator has terminated the mediation session for a reason which, in
the mediator's opinion, is valid, the parties are to receive a notice of
completion of mediation.


Court's power in case of non-attendance
14(1)  Where a party did not attend a scheduled mediation session or
attended without the attendance of any person required by Rule 5, a
mediation co-ordinator shall complete a certificate of non-attendance at
mediation.

(2)  Following the completion of the certificate and on application by any
party on at least 2 days' notice to all the other parties, the Court may
make any one or more of the following orders:

     (a)  an order that further mediation occur, on any terms that the
Court considers appropriate;

     (b)  an order that the pleadings of the non-complying party be
struck out, unless that party satisfies the Court there was a reasonable
excuse for the non-attendance and that striking out the party's pleadings
would be inequitable;

     (c)  an order that the action proceed to trial;

     (d)  such order as to costs as is appropriate in the circumstances;

     (e)  such other order as is appropriate in the circumstances.


Time limit for mediation
15   A mediation session must occur within 3 months after the filing of the
last dispute note filed in the action, unless the Court extends that
period, which extension may be made before or after the end of that 3-month
period.


Costs for further scheduling
16   If a mediation does not proceed because of the non-attendance of one
or more of the parties or of a representative of a party, the Court may, on
application to it or at trial, order each non-attending party to pay costs
of $50 to the other parties, with the $50 costs being prorated among all
the other parties if more than one.


Notice of completion of mediation
17   If a party seeks to have a trial date fixed, the party must, with the
request, file with the Clerk of the Court a notice of completion of
mediation and, if the party considers that a mediated agreement has been
breached, a written statement to that effect.


Closure where agreement performed
18   If a mediated agreement has been fully performed, the parties shall
ensure that 

     (a)  a notice of withdrawal of the action is or has been filed, or

     (b)  consent judgment is or has been given.


Forms
19   All notices, certificates and other documents referred to in or used
for the purposes of these Rules are to be in the form required by the
Court.


Application
20   These Rules apply in respect of a judicial district or a particular
court facility only if the chief judge of the Court has designated that
district or facility for the purposes of these Rules.




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

     Alberta Regulation 272/97

     Marketing of Agricultural Products Act

     ALBERTA CATTLE COMMISSION PLAN REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 635/97) pursuant to
sections 23 and 54.1 of the Marketing of Agricultural Products Act.


     Table of Contents

Definitions    1
Designations   2

     Part 1
     General Operation of Plan

     Division 1
     Plan

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

     Division 2
     Operation of Plan by Commission

Commission continued     7
Functions of Commission  8
Regulations to operate Plan   9
Financing of Plan   10
Service charge is non-refundable   11
Indemnification funds    12
Industry advisory committee   13
Auditor   14

     Part 2
     Governance of Plan

     Division 1
     Eligible Producers

General rights of eligible producers    15
Eligible producers who are individuals  16
Eligible producers that are not individuals  17

     Division 2
     Zones, Delegates and Zone Committees

Zones     18
Zone committees and delegates 19
Producer association delegates     20
Qualifications re zone and sub-zone delegates     21
Qualifications re producer association delegates  22
Election of delegates re zones 1 to 8   23
Election of delegates re zone 9    24
Election of delegates re producer associations    25
Functions of delegates   26
Term of office 27
Delegate vacancy re zone or sub-zone delegate     28
Delegate vacancy re producer association delegate 29
Removal of delegate re zone or sub-zone delegate  30
Removal of delegate re producer association delegate   31

     Division 3
     Zone and Sub-zone Meetings and
     Zone Committee Meetings

Annual and special zone meetings, re zones 1 to 8 32
Annual and special zone meetings re zone 9   33
Notification of zone and sub-zone meetings   34
Zone committee meetings  35
Quorum    36

     Division 4
     Directors

Board of Directors  37
Responsibilities of the Board of Directors   38
Election of directors from zone    39
Election of directors at large     40
Functions of directors   41
Term of office 42
Director vacancy    43
Removal of zone directors     44
Removal of directors at large 45
Board of Directors meetings   46
Quorum    47

     Division 5
     Executive

Election of chair, vice-chair and finance chair   48
Term of office 49
Executive vacancy   50
Removal of the Executive 51

     Division 6
     Committees of the Board of Directors

Establishment of committees   52
Appointment of committee chairs and members  53
Functions of committee   54
Term of office 55
Committee vacancy   56
Removal of committee chairs   57
Removal of committee members  58

     Division 7
     Commission Meetings

Annual and special Commission meetings  59
Notification of Commission meetings     60
Quorum    61
Voting    62

     Division 8
     National and Other Organizations

Commission membership in other organizations 63


     Part 3
     Voting and Elections

     Division 1
     Voting By Eligible Producers

Eligibility to vote re individual  64
Eligibility to vote re non-individual   65
When to provide declaration   66
Voting at zone and sub-zone meetings    67

     Division 2
     Returning Officer

Appointment of returning officer   68
Duties of returning officer   69
Destruction of ballots, etc.  70

     Division 3
     Controverted Elections

Election irregularities  71
Effect of no application re election irregularities    72
Effect of application re election irregularities  73
Effect of invalid election    74

     Part 4
     Transitional Provisions, Review and Repeal

Transitional re Directors, etc.    75
Transitional re zone and sub-zone delegates  76
Review    77
Repeal    78

Schedules


Definitions
1   In this Regulation,

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

     (b)  "cattle" includes bulls, cows, heifers, steers and calves;

     (c)  "cattle products" includes beef, offal, hides and other cattle
by-products from the slaughter and processing of cattle;

     (d)  "Commission" means the Alberta Cattle Commission;

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

     (f)  "dealer" means a person who is in the business of buying and
selling the regulated product and includes

               (i)  a livestock dealer as defined in the Licensing and
Bonding of Livestock Dealers and Livestock Dealers Agents Regulation (AR
450/83) or any successor to that Regulation, and

               (ii) a livestock dealer's agent as defined in the
Licensing and Bonding of Livestock Dealers and Livestock Dealers Agents
Regulation (AR 450/83) or any successor to that Regulation;

     (g)  "eligible producer" means a producer

               (i)  who has, during the current or immediately
preceding year, sold cattle and paid a service charge to the Commission or
to another person on behalf of the Commission, and

               (ii) who is a resident of Alberta;

     (h)  "marketing" in respect of the regulated product means buying,
owning, selling, offering for sale, storing, grading, assembling, packing,
transporting, advertising or financing and includes

               (i)  slaughtering, and

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

     (i)  "official Commission newsletter" means the newsletter that is
published by the Commission;

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

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

               (ii) an 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);

     (k)  "Plan" means the Alberta Cattle Commission Plan that is revised
and continued under section 3;

     (l)  "processor" means a person who is in the business of buying
cattle for the purpose of slaughtering or otherwise processing cattle;

     (m)  "producer" means

               (i)  a person who raises, feeds or owns cattle, or

               (ii) a person who takes possession of cattle from a
producer under a security interest or any other security for a debt;

     (n)  "producer association" means

               (i)  the Alberta Canada All Breeds Association (1984);

               (ii) the Alberta Cattle Feeders' Association;

               (iii)     the Alberta Milk Producers;

               (iv) the Feeder Associations of Alberta Ltd.;

               (v)  the Western Stock Growers Association;

     (o)  "regulated product" means cattle and cattle products;

     (p)  "security interest" means a security interest as defined in the
Personal Property Security Act.


Designations
2(1)  Cattle and cattle products are hereby designated as agricultural
products for the purposes of the Act.

(2)  Slaughtering of cattle is an activity that is hereby designated as
marketing for the purposes of the Act.


     PART 1

     GENERAL OPERATION OF PLAN

     Division 1
     Plan

Plan continued
3   The Alberta Cattle Commission Plan, 1969 established under Alberta
Regulation 170/69 is hereby revised and continued under this Regulation
with the name "Alberta Cattle Commission 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,

     (b)  to all producers who market cattle in Alberta, and

     (c)  for the purposes of section 9(b), (c) and (d) to all dealers
and processors in Alberta.

(2)  If a person is a producer and is also a dealer or processor, this Plan
applies to that person both

     (a)  as a producer, and

     (b)  as a dealer or processor, as the case may be.

(3)  None of the persons referred to in subsection (1)(b) or (c) is
exempted from the Plan.

(4)  No class, variety, size, grade or kind of agricultural product to
which this Plan applies is exempt from this Plan.


Purposes and intent of Plan
6(1)  The purpose of this Plan is to enable the Commission to initiate and
carry out projects or programs to commence, stimulate, increase or improve
the production or marketing, or both, of cattle and cattle products.

(2)  Without restricting the generality of subsection (1), the Commission
may initiate and carry out projects or programs

     (a)  to assist, educate and inform producers, dealers and processors
in developing and improving their production and marketing of cattle and
cattle products;

     (b)  to expand market awareness and demand for cattle and cattle
products, including the development and promotion of markets for cattle and
cattle products and the education of consumers;

     (c)  to generally develop and promote the cattle industry;

     (d)  to advise governments on matters concerning the cattle
industry;

     (e)  to research and study the production, marketing and processing
of cattle and cattle products, including studies and research concerning
the improvement of cattle and cattle products and the development and use
and consumption of cattle and cattle products;

     (f)  to support and co-operate with other persons and with
governments when, in the opinion of the Board of Directors, such support
and cooperation will further the purposes of this Plan and the objects of
the Commission;

     (g)  to communicate with producers, dealers, processors and the
public;

     (h)  to establish quality standards for cattle and cattle products.

(3)  Under this Plan neither the production nor the marketing of cattle and
cattle products shall be controlled or regulated.


     Division 2
     Operation of Plan by Commission

Commission continued
7   The Alberta Cattle Commission is hereby continued.


Functions of Commission
8(1)  The Commission is responsible for

     (a)  the administration, operation, regulation, supervision and
enforcement of this Plan and the regulations made by the Commission;

     (b)  the conduct of the business and affairs of the Commission in
carrying out its responsibilities;

     (c)  the conduct and procedure at Commission, zone and sub-zone
meetings and elections.

(2)  Without limiting the generality of subsection (1), the Commission

     (a)  shall maintain an office in Alberta;

     (b)  may appoint a General Manager and prescribe the duties and fix
the remuneration of the General Manager;

     (c)  may allow the General Manager

               (i)  to retain other employees or contractors, other
than the auditor appointed pursuant to section 14, and

               (ii) to prescribe the duties and remuneration payable to
those employees and contractors;

     (d)  shall open one or more bank accounts with one or more financial
institutions and designate any officers, employees and other persons as
persons permitted

               (i)  to sign cheques and other negotiable instruments,

               (ii) to transact the business of the Commission with its
financial institutions, and

               (iii)     to generally do all things incidental to or in
connection with the transaction of the business of the Commission with its
financial institutions;

     (e)  shall maintain or cause to be maintained books and records that
from time to time may be required under the Act or the regulations or by
virtue of any order of the Council or that may be required by the
Commission;

     (f)  may become a member of, elect or appoint individuals to sit as
members of and contribute funds to any task force, committee, group,
organization or person when that membership, election, appointment or
contribution will, in the opinion of the Board of Directors, further the
purpose of this Plan and the objects of the Commission;

     (g)  may issue directions governing the internal operations of the
Commission;

     (h)  shall establish and implement policy for the operation of the
Commission and the implementation and operation of this Plan and the
regulations made by the Commission.


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

     (a)  requiring producers engaged in the marketing of a regulated
product to register their names and addresses with the Commission;

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

     (c)  providing for

               (i)  the assessment, charging and collection of service
charges from producers from time to time for the purposes of this Plan, and

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

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

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

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

     (e)  providing for the use of any class of service charges or other
money payable to or received by the Commission for the purpose of paying
its expenses and administering this Plan and the regulations made by the
Commission.

(2)  Pursuant to section 28 of the Act the power to make regulations
referred to in subsection (1)(a) is to be restricted by the Council so that
the Commission will only be empowered to make regulations requiring
producers to register their names and addresses with the Commission so as
to enable the Commission to determine whether a producer is an eligible
producer and to assess, charge and collect service charges.


Financing of Plan
10(1)  This Plan shall be financed by the charging and collection of
service charges.

(2)  The Commission may, from time to time, change the amount of the
service charge, but the change shall not be effective until it has been
approved by a majority of the total number of all of the delegates, whether
the zone delegates, the sub-zone delegates or the producer association
delegates, present at an annual Commission meeting or a special Commission
meeting.


Service charge is non-refundable
11   Service charges shall not be refundable on the request of a producer.


Indemnifi-cation funds
12   The Commission shall not establish a fund under section 34 or 35 of
the Act.


Industry advisory committee
13   The Commission may establish industry advisory committees in
accordance with section 32 of the Act.


Auditor
14   The auditor for the Commission shall be appointed at an annual
Commission meeting or a special Commission meeting.


     PART 2

     GOVERNANCE OF PLAN

     Division 1
     Eligible Producers

General rights of eligible producers
15   In accordance with this Plan, an eligible producer is entitled, as a
matter of right,

     (a)  to attend any zone or sub-zone meeting;

     (b)  to make representations on any matter pertaining to this Plan
and the operation of the Commission at any zone or sub-zone meeting;

     (c)  to vote on any matter under this Plan at any meeting of
eligible producers at which a vote is held in the zone or sub-zone in which
the eligible producer resides;

     (d)  to vote in any election for zone delegates or sub-zone
delegates at any meeting of eligible producers at which an election is held
in the zone or sub-zone in which the eligible producer resides;

     (e)  to hold office as a zone delegate or a sub-zone delegate in the
zone or sub-zone in which the eligible producer resides;

     (f)  to hold office as a producer association delegate;

     (g)  to vote in any plebiscites of producers held under the Act.


Eligible producers who are individuals
16(1)  Where an eligible producer is an individual, that individual  may,
subject to this Plan, exercise the rights of an eligible producer referred
to in section 15.

(2)  An eligible producer who is an individual shall not appoint a
representative to act on behalf of that eligible producer under this Plan.


Eligible producers that are not individuals
17(1)  Where an eligible producer is not an individual, that eligible
producer may, only in accordance with this section, exercise the rights of
an eligible producer referred to in section 15.

(2)  An eligible producer to which this section applies shall appoint an
individual to be the representative of the eligible producer.

(3)  A representative of an eligible producer to which this section applies
must reside in a zone or, in the case of zone 9, in a sub-zone in which the
eligible producer carries on business as a producer.

(4)  For the purposes of this Plan, an eligible producer to which this
section applies is deemed to reside in the zone or sub-zone in which the
representative of the eligible producer resides.

(5)  A representative appointed by an eligible producer under this section
shall, subject to this Plan, exercise on behalf of the eligible producer,
the rights referred to in section 15.

(6)  An individual cannot be a representative under this section for more
than one eligible producer at any one time.

(7)  An individual shall not exercise any of the rights referred to in
section 15 in that individual's own capacity as an eligible producer while
appointed as the representative of an eligible producer.

(8)  If an eligible producer is

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

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

     (c)  an organization, other than a corporation or a partnership, it
shall appoint an individual who is a member, officer or employee of the
organization as its representative.

(9)  An appointment of a representative under this section shall be

     (a)  in writing in a form prescribed or otherwise acceptable to the
Board of Directors, and

     (b)  filed with the Board of Directors before the representative is
nominated or appointed to hold office.


     Division 2
     Zones, Delegates and Zone Committees

Zones
18(1)  For the purposes of this Plan,

     (a)  Alberta is divided into 9 zones, and

     (b)  zone 9 is divided into 5 sub-zones.

(2)  The area included

     (a)  in each zone is set out in Schedule 1 to this Plan, and

     (b)  in each sub-zone of zone 9 is set out in Schedule 2 to this
Plan.


Zone committees and delegates
19(1)  The Commission shall have 9 zone committees.

(2)  In the case of zones 1 to 8, the zone committee shall consist of 7
zone delegates to be elected pursuant to section 23.

(3)  In the case of zone 9, the zone committee shall consist of

     (a)  5 sub-zone delegates, one sub-zone delegate to be elected from
each sub-zone pursuant to section 24, and

     (b)  2 zone delegates to be elected from the entire zone  pursuant
to section 24.


Producer association delegates
20   The Commission shall have 8 producer association delegates to be
elected pursuant to section 25.


Qualifications re zone and sub-zone delegates
21(1)  A zone delegate or a sub-zone delegate must

     (a)  be an eligible producer or a representative of an eligible
producer,

     (b)  in the case of a zone delegate, reside in the zone that the
zone delegate is elected to represent, and

     (c)  in the case of a sub-zone delegate, reside in the sub-zone that
the sub-zone delegate is elected to represent.

(2)  Notwithstanding subsection (1), a zone delegate or sub-zone delegate
may complete that zone delegate's or sub-zone delegate's term of office
even though

     (a)  that delegate

               (i)  ceases to be an eligible producer;

               (ii) in the case of a zone delegate, ceases to reside in
the zone that the zone delegate was elected to represent;

               (iii)     in the case of a sub-zone delegate, ceases to
reside in the sub-zone that the sub-zone delegate was elected to represent;

     (b)  in the case of that zone delegate or sub-zone delegate being
the representative of an eligible producer,

               (i)  that eligible producer ceases to be an eligible
producer, or

               (ii) that delegate ceases to be a representative of the
eligible producer.


Qualifications re producer association delegates
22(1)  A producer association delegate must be

     (a)  an eligible producer or a representative of an eligible
producer, and

     (b)  a member in good standing of the producer association that the
producer association delegate is elected to represent.

(2)  Notwithstanding subsection (1), a producer association delegate may
complete that delegate's term of office even though

     (a)  that delegate ceases to be an eligible producer;

     (b)  in the case of that delegate being the representative of an
eligible producer,

               (i)  that eligible producer ceases to be an eligible
producer, or

               (ii) that delegate ceases to be the representative of
the eligible producer.


Election of delegates re zones 1 to 8
23   In the case of zones 1 to 8,

     (a)  the eligible producers in each zone shall at that zone's annual
zone meeting elect 7 zone delegates to represent the eligible producers
from that zone;

     (b)  where less than or only a sufficient number of eligible
producers have been nominated to fill the required number of positions of
zone delegates for a zone, the returning officer shall declare the eligible
producers nominated as being elected by acclamation;

     (c)  where less than the required number of zone delegates have been
declared elected by acclamation, the zone delegates who have been declared
elected shall, subject to the approval of the Board of Directors, appoint
eligible producers to the remaining positions and the eligible producers so
appointed shall hold office as if elected.


Election of delegates re zone 9
24   In the case of zone 9 and the sub-zones of zone 9,

     (a)  the eligible producers in each sub-zone shall at that
sub-zone's annual sub-zone meeting elect one sub-zone delegate to represent
the eligible producers from that sub-zone;

     (b)  in addition to electing one sub-zone delegate, the eligible
producers in each sub-zone shall at that sub-zone's annual sub-zone meeting
cast ballots in an election for 2 delegates who shall be zone delegates to
represent all the eligible producers from zone 9;

     (c)  the zone delegates shall be elected based on the total number
of votes that were cast at the 5 annual sub-zone meetings in the election
for the zone delegates;

     (d)  where less than or only a sufficient number of eligible
producers have been nominated to fill the required number of positions of
zone delegates or the position of sub-zone delegate, the returning officer
shall declare the eligible producers nominated as being elected by
acclamation;

     (e)  where less than the required number of zone delegates and
sub-zone delegates have been declared elected by acclamation, the zone
delegates and sub-zone delegates who have been declared elected shall,
subject to the approval of the Board of Directors, appoint eligible
producers to the remaining positions and the eligible producers so
appointed shall hold office as if elected.


Election of delegates re producer associations
25   In the case of producer associations,

     (a)  each of the producer associations may elect one or more
producer association delegates as follows:

               (i)  the Alberta Canada All Breeds Association (1984)
may elect one delegate;

               (ii) the Alberta Cattle Feeders' Association may elect 2
delegates;

               (iii)     the Alberta Milk Producers may elect one delegate;

               (iv) the Feeder Associations of Alberta Ltd. may elect 2
delegates;

               (v)  the Western Stock Growers Association may elect 2
delegates;

     (b)  each producer association shall elect its producer association
delegate or delegates, as the case may be, before November 15 in the year
in which an election is to take place;

     (c)  where less than or only a sufficient number of eligible
producers have been nominated to fill the required number of positions of
producer association delegate for a producer association, the producer
association shall declare the eligible producers nominated as being elected
by acclamation;

     (d)  where less than the required number of producer association
delegates for a producer association have been declared elected by
acclamation, the producer association shall appoint an eligible producer to
the remaining position and the eligible producer so appointed shall hold
office as if elected.


Functions of delegates
26   In addition to what an eligible producer may do under this Plan,

     (a)  a zone delegate, sub-zone delegate or producer association
delegate may, in the zone or sub-zone in which the delegate resides,

               (i)  attend zone committee meetings,

               (ii) at zone committee meetings make representations on
any matter pertaining to this Plan or the operation of the Commission, and

     (b)  a zone delegate or sub-zone delegate may

               (i)  hold office as a zone director, and

               (ii) at a zone committee meeting,

                         (A)  vote on any matter under this Plan, and

                         (B)  vote in any election for a zone
director;

     (c)  a delegate may, on behalf of the zone, sub-zone or producer
association that the delegate represents,

               (i)  attend any annual or special meeting of the
Commission, and

               (ii) at any annual or special meeting of the Commission,

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

                         (B)  vote on any matter under this Plan, and

                         (C)  vote in any election for

                                   (I)  directors at large of the
Commission,

                                   (II) directors of the Canadian
Cattlemen's Association, and

                                   (III)     members of the Beef
Information Centre;

     (d)  a zone delegate, sub-zone delegate and producer association
delegate may

               (i)  hold office as a

                         (A)  director at large of the Commission;

                         (B)  director of the Canadian Cattlemen's
Association;

                         (C)  member of the Beef Information Centre;

               (ii) be appointed by the Board of Directors to sit as a
member of a committee established by the Board of Directors;

               (iii)     be appointed by the Board of Directors to represent
the Commission on any task force, committee, group or organization of which
the Commission is a member.


Term of office
27(1)  In the case of zones 1 to 8, the term of office of a zone delegate

     (a)  commences on the announcement of the results of the elections
held at the annual zone meeting, and

     (b)  expires on the announcement of the results of the elections
held at the annual zone meeting, that take place in the 2nd year following
the year in which the term commenced.

(2)  In the case of zone 9, the term of office of a zone delegate or a
sub-zone delegate

     (a)  commences on the announcement of the results of the elections
held at the annual sub-zone meetings, and

     (b)  expires on the announcement of the results of the elections
held at the annual sub-zone meetings, that take place in the 2nd year
following the year in which the term commenced.

(3)  In the case of a producer association delegate, the term of office

     (a)  commences at the beginning of the day on November 15 of the
year in which the producer association delegate was elected, and

     (b)  expires at the end of the day on November 14 in the 2nd year
following the year in which the term commenced.

(4)  An eligible producer shall not serve for more than 3 consecutive terms
as a zone delegate, sub-zone delegate or producer association delegate.

(5)   If an eligible producer serves for 3 consecutive terms as a delegate,
whether as a zone delegate, a sub-zone delegate or a producer association
delegate, that eligible producer is not eligible to serve again as a
delegate, whether as a zone delegate, sub-zone delegate or producer
association delegate, until one year has expired following the expiry of
that eligible producer's last term of office as a delegate.

(6)  For the purpose of determining the number of consecutive terms that an
eligible producer may serve as a zone delegate, sub-zone delegate or
producer association delegate, the unexpired term of office served by a
zone delegate, sub-zone delegate or  producer association delegate who is
appointed or elected pursuant to section 28, 29, 30, 31 or 74 shall be
considered to be a term of office.


Delegate vacancy re zone or sub-zone delegate
28(1)  In the case of zones 1 to 8, if a zone delegate ceases to hold
office before the expiry of that zone delegate's term of office, the
remaining zone delegates shall appoint another eligible producer as a zone
delegate to serve for the unexpired portion of that term of office.

(2)  In the case of zone 9, if a zone delegate or a sub-zone delegate
ceases to hold office before the expiry of that zone delegate's or sub-zone
delegate's term of office, the remaining zone delegates and sub-zone
delegates shall appoint another eligible producer as a zone delegate or
sub-zone delegate to serve for the unexpired portion of that term of
office.


Delegate vacancy re producer association delegate
29  If a producer association delegate ceases to hold office before the
expiry of that producer association delegate's term of office, the producer
association shall elect or appoint another eligible producer as a producer
association delegate to serve for the unexpired portion of that term of
office.


Removal of delegate re zone or sub-zone delegate
30(1)  In the case of zones 1 to 8, the eligible producers may, at a
special zone meeting, remove any zone delegate from office.

(2)  In the case of zone 9, the eligible producers may

     (a)  at a special zone meeting remove any zone delegate from office,
and

     (b)  at a special sub-zone meeting of a sub-zone remove the sub-zone
delegate for that sub-zone from office.

(3)  In the case of zones 1 to 8, where a vacancy is created by the removal
of a zone delegate,

     (a)  the eligible producers may, at the special zone meeting at
which the zone delegate was removed, appoint a zone delegate from among the
eligible producers to serve for the unexpired portion of that term of
office, or

     (b)  if the zone delegate is not appointed under clause (a), the
position may be filled under section 28.

(4)  In the case of zone 9, where a vacancy is created by the removal of a
zone delegate or a sub-zone delegate,

     (a)  the eligible producers may, at the special zone meeting or
special sub-zone meeting at which the zone delegate or sub-zone delegate
was removed, appoint a zone delegate or sub-zone delegate from among the
eligible producers to serve for the unexpired portion of that term of
office, or

     (b)  if the zone delegate or sub-zone delegate is not appointed
under clause (a), the position may be filled under section 28.


Removal of delegate re producer association delegate
31(1)  A producer association may at any meeting of the producer
association remove any producer association delegate from office.

(2)  Where a vacancy is created by the removal of a producer association
delegate,

     (a)  the producer association may, at the meeting at which the
producer association delegate was removed, appoint a producer association
delegate from among the eligible producers to serve for the unexpired
portion of that term of office, or

     (b)  if the producer association delegate is not appointed under
clause (a), the position may be filled under section 29.


     Division 3
     Zone and Sub-zone Meetings and
     Zone Committee Meetings

Annual and special zone meetings, re zones 1 to 8
32(1)  In the case of zones 1 to 8, each zone committee

     (a)  shall, before the commencement of the annual Commission
meeting, hold an annual zone meeting of the eligible producers who reside
within the zone;

     (b)  shall hold a special zone meeting of the eligible producers who
reside within the zone

               (i)  on the written request of not less than 50 eligible
producers residing in the zone,

               (ii) on the written request of the Board of Directors,
or

               (iii)     on the written request of the Council;

     (c)  may hold a special zone meeting of the eligible producers who
reside within the zone when the zone committee is of the opinion that
circumstances warrant the holding of a special zone meeting.

(2)  An annual zone meeting or special zone meeting held pursuant to this
section may consist of 3 or more individual meetings held within the zone,
the total of which shall constitute the annual zone meeting or special zone
meeting, as the case may be.


Annual and special zone meetings re zone 9
33(1)  In the case of zone 9, the zone committee

     (a)  shall, before the commencement of the annual Commission
meeting, hold in each sub-zone an annual sub-zone meeting of the eligible
producers who reside within the sub-zone;

     (b)  shall hold in a sub-zone a special sub-zone meeting of the
eligible producers who reside within the sub-zone

               (i)  on the written request of not less than 10 eligible
producers residing in the sub-zone,

               (ii) on the written request of the Board of Directors,
or

               (iii)     on the written request of the Council;

     (c)  may hold in a sub-zone a special sub-zone meeting of the
eligible producers who reside within the sub-zone when the zone committee
is of the opinion that circumstances warrant the holding of a special
sub-zone meeting;

     (d)  may hold a special zone meeting of the eligible producers who
reside within the zone when the zone committee is of the opinion that
circumstances warrant the holding of a special zone meeting.

(2)  An annual sub-zone meeting or special sub-zone meeting held pursuant
to this section shall consist of one individual meeting held within the
sub-zone.

(3)  A special zone meeting held pursuant to this section may consist of 3
or more individual meetings held within the zone, the total of which shall
constitute the special zone meeting.


Notification of zone and sub-zone meetings
34(1)  In the case of zones 1 to 8, where an annual zone meeting or a
special zone meeting is to be held, the Board of Directors shall give
notice of the meeting to the eligible producers residing in the zone in
which the meeting is to be held by publishing a notice, not less than 2
weeks before the meeting takes place,

     (a)  in the official Commission newsletter, and

     (b)  in a newspaper circulating in the zone.

(2)  In the case of zone 9, where

     (a)  an annual sub-zone meeting or special sub-zone meeting is to be
held, the Board of Directors shall give notice of the meeting to the
eligible producers residing in the sub-zone in which the meeting is to be
held by publishing a notice, not less than 2 weeks before the meeting takes
place,

               (i)  in the official Commission newsletter, and

               (ii) in a newspaper circulating in the sub-zone,

     or

     (b)  a special zone meeting is to be held, the Board of Directors
shall give notice of the meeting to the eligible producers residing in the
zone by publishing a notice, not less than 2 weeks before the meeting takes
place,

               (i)  in the official Commission newsletter, and

               (ii) in a newspaper circulating in the zone, or in
newspapers circulating in the individual sub-zones.

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

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

     (b)  any other information as determined by the Board of Directors,
the zone committee or the zone director.


Zone committee meetings
35(1)  A zone committee shall conduct meetings of the zone delegates

     (a)  at the call of the zone director, or

     (b)  at the request of the Board of Directors.

(2)  At zone committee meetings,

     (a)  in the case of zones 1 to 8, the zone delegates are eligible to
vote on each matter put to the question, and

     (b)  in the case of zone 9, the zone delegates and sub-zone
delegates are eligible to vote on each matter put to the question.


Quorum
36(1)  In the case of zones 1 to 8, the quorum necessary to conduct
business, hold a vote on any matter or have an election is,

     (a)  in the case of an annual zone meeting or special zone meeting
that consists of one individual meeting held within the zone, not fewer
than 15 eligible producers who

               (i)  are present at the meeting, and

               (ii) reside within the zone in respect of which the
meeting is being conducted;

     (b)  in the case of an annual zone meeting or special zone meeting
that consists of more than one individual meeting held within the zone, not
fewer than 5 eligible producers who

               (i)  are present at each individual meeting, and

               (ii) reside within the zone in respect of which the
meeting is being conducted.

(2)  In the case of zone 9 and the sub-zones of zone 9, the quorum
necessary to conduct business, hold a vote on any matter or to have an
election is,

     (a)  in the case of annual sub-zone meetings or special sub-zone
meetings, not fewer than 5 eligible producers who

               (i)  are present at the meeting, and

               (ii) reside within the sub-zone in respect of which the
meeting is being conducted;

     (b)  in the case of a special zone meeting

               (i)  where a special zone meeting consists of one
individual meeting held within the zone, not fewer than 15 eligible
producers who

                         (A)  are present at the meeting, and

                         (B)  reside within the zone;

               (ii) where a special zone meeting consists of more than
one individual meeting held within the zone, not fewer than 5 eligible
producers who

                         (A)  are present at each individual meeting,
and

                         (B)  reside with the zone.

(3)  The quorum necessary to conduct business, hold a vote on any matter or
have an election is

     (a)  in the case of a zone committee meeting for zones 1 to 8, a
majority of the zone delegates then holding office;

     (b)  in the case of a zone committee meeting for zone 9, a majority
of the zone delegates and sub-zone delegates then holding office.


     Division 4
     Directors

Board of Directors
37(1)  The Commission shall have a Board of Directors and, subject to
subsection (2), the Board of Directors shall consist of

     (a)  12 directors, made up of

               (i)  9 zone directors elected pursuant to section 39,
and

               (ii) 3 directors at large elected pursuant to section 40

     and

     (b)  the past chair of the Commission, except when the current chair
of the Commission is re-elected for a subsequent term.

(2)  Where

     (a)  a zone director becomes the chair of the Commission, and

     (b)  that zone elects a new zone director to represent the zone
pursuant to section 39(3),

the Board of Directors shall consist of

     (c)  13 directors, made up of

               (i)  the chair of the Commission,

               (ii) 9 zone directors elected pursuant to section 39,
and

               (iii)     3 directors at large elected pursuant to section 40

     and

     (d)  the past Chair of the Commission, except when the current chair
of the Commission is re-elected for a subsequent term.


Respons-ibilities of the Board of Directors
38(1)  The responsibilities of the Commission, the authority delegated to
the Commission by the Council and the direction, administration and
management of the Commission's work, business and affairs, including the
control and management of all the assets owned, held or acquired by the
Commission, are vested in the Board of Directors.

(2)  The Board of Directors has the power to do all things necessary to
carry out the purpose of this Plan and the responsibilities and authority
of the Commission.

(3)  The Board of Directors may authorize any person, entity or committee
to exercise any of the powers of the Board of Directors as set forth in
this Plan or otherwise.

(4)  Where a person, entity or committee is authorized under subsection (3)
to exercise any power of the Board of Directors,

     (a)  that person, entity or committee shall report back to the Board
of Directors with respect to the exercise of that power, and

     (b)  the Board of Directors shall retain a supervisory function to
oversee the actions of that person, entity or committee in the exercise of
that power.


Election of directors from zone
39(1)  In the case of zones 1 to 8, in each year after the announcement of
the results of the elections of the zone delegates but before the
commencement of the annual Commission meeting, each zone committee shall
elect from among its zone delegates a zone delegate who shall be both

     (a)  the zone director for that zone, and

     (b)  a zone director of the Commission.

(2)  In the case of zone 9, in each year after the announcement of the
results of the elections of the zone delegates and sub-zone delegates but
before the commencement of the annual Commission meeting, the zone
committee shall elect from among its zone delegates and sub-zone delegates
a zone delegate or sub-zone delegate who shall be both

     (a)  the zone director for that zone, and

     (b)  a zone director of the Commission.

(3)  Where a zone director becomes the chair of the Commission,

     (a)  that zone director is relieved of the duties of the zone
director and ceases to be the zone director to represent the zone;

     (b)  in the case of zones 1 to 8, the zone committee shall elect
from among the zone delegates another zone delegate who shall be both

               (i)  the zone director for that zone, and

               (ii) a zone director of the Commission;

     (c)  in the case of zone 9, the zone committee shall elect from
among the zone delegates or sub-zone delegates another zone delegate or
sub-zone delegate who shall be both

               (i)  the zone director for that zone, and

               (ii) a zone director of the Commission.

(4)  Where,

     (a)  in the case of zones 1 to 8, only one zone delegate has been
nominated to fill the position of zone director for a zone, the returning
officer shall declare the zone delegate nominated as being elected by
acclamation, and

     (b)  in the case of zone 9, only one zone delegate or sub-zone
delegate has been nominated to fill the position of zone director for the
zone, the returning officer shall declare the zone delegate or sub-zone
delegate nominated as being elected by acclamation.

(5)  Where a zone director for a zone has not been elected under
subsections (1), (2) or (3) and has not been declared elected by
acclamation under subsection (4), the Board of Directors shall

     (a)  in the case of zones 1 to 8, appoint a zone delegate to the
position of zone director and the zone delegate so appointed shall hold
office as if elected, and

     (b)  in the case of zone 9, appoint a zone delegate or sub-zone
delegate to the position of zone director and the zone delegate or sub-zone
delegate so appointed shall hold office as if elected.


Election of directors at large
40(1)  At the annual Commission meeting, the zone delegates, sub-zone
delegates and producer association delegates shall elect from among
themselves 3 directors at large.

(2)  Where less than or only a sufficient number of zone delegates,
sub-zone delegates or producer association delegates have been nominated to
fill the required number of director at large positions, the returning
office shall declare the zone delegates, sub-zone delegates or producer
association delegates nominated as being elected by acclamation.

(3)  Where less than the required number of directors at large have been
declared elected by acclamation under subsection (2), the zone directors
and the directors at large that have been elected shall appoint a zone
delegate, sub-zone delegate or producer association delegate to the
remaining positions and the zone delegate, sub-zone delegate or producer
association delegate so appointed shall hold office as if elected.


Functions of directors
41   In addition to any function that a zone delegate, sub-zone delegate or
producer association delegate may carry out under this Plan, a zone
director or director at large may

     (a)  attend Board of Directors meetings;

     (b)   at Board of Directors meetings

               (i)  make representations on any matter pertaining to
this Plan or the operation of the Commission, and

               (ii) vote on any matter under this Plan;

     (c)  vote at an election for the chair of the Commission, vice-chair
of the Commission and finance chair of the Commission;

     (d)  hold office as chair of the Commission, vice-chair of the
Commission or finance chair of the Commission;

     (e)  be elected or appointed by the Board of Directors as the chair,
vice-chair or as a member of any committee established by the Board of
Directors;

     (f)  be elected or appointed by the Board of Directors to represent
the Commission on any task force, committee group or organization of which
the Commission is a member.


Term of office
42(1)  The term of office of a zone director elected at the annual zone
committee meeting

     (a)  commences immediately on the zone director for that zone being
declared elected at the annual Commission meeting held following that zone
director's election at the annual zone committee meeting, and

     (b)  expires immediately on a zone director for that zone being
declared elected at the next annual Commission meeting held following that
zone director's election at the next annual zone committee meeting.

(2)  The terms of office of the directors at large elected at the annual
Commission meeting

     (a)  commence immediately on the directors at large being declared
elected at the annual Commission meeting, and

     (b)  expire immediately on the directors at large being declared
elected at the next annual Commission meeting.


Director vacancy
43(1)  Where a zone director ceases to hold office before the expiry of
that zone director's term of office,

     (a)  in the case of zones 1 to 8, the zone committee shall elect
from among its zone delegates another zone delegate to be both

               (i)  the zone director for that zone, and

               (ii) a zone director of the Commission,

          to serve for the unexpired portion of that term of office, and

     (b)  in the case of zone 9, the zone committee shall elect from
among its zone delegates and sub-zone delegates another zone delegate or
sub-zone delegate to be both

               (i)  the zone director for the zone, and

               (ii) a zone director of the Commission,

          to serve for the unexpired portion of that term of office.

(2)  Where a director at large ceases to hold office before the expiry of
that director's term of office, the Board of Directors shall, subject to
the approval of the Council, appoint another zone delegate, sub-zone
delegate or producer association delegate as a director at large to serve
for the unexpired portion of that term of office.


Removal of zone directors
44(1)  In the case of zones 1 to 8,

     (a)  the zone delegates may, at a special zone committee meeting,
remove their zone director from office, and

     (b)  where a vacancy is created by the removal of a zone director,

               (i)  the zone delegates may at the zone committee
meeting at which the zone director was removed appoint a zone director from
among the zone delegates to serve for the unexpired portion of that term of
office, or

               (ii) if a zone director is not appointed under subclause
(i), the position  may be filled under section 43(1).

(2)  In the case of zone 9,

     (a)  the zone delegates and the sub-zone delegates may, at a special
zone committee meeting, remove their zone director from office, and

     (b)  where a vacancy is created by the removal of a zone director,

               (i)  the zone delegates and sub-zone delegates may at
the zone committee meeting at which the zone director was removed appoint a
zone director from among the zone delegates and sub-zone delegates to serve
for the unexpired portion of that term of office, or

               (ii) if a zone director is not appointed under subclause
(i), the position  may be filled under section 43(1).


Removal of directors at large
45(1)  Zone delegates, sub-zone delegates and producer association
delegates may, at a special Commission meeting, remove any director at
large from office.

(2)  Where a vacancy is created by the removal of a director at large,

     (a)  the zone delegates, sub-zone delegates and producer association
delegates may, at the special Commission meeting at which the director at
large was removed, appoint a director at large from among the zone
delegates, sub-zone delegates and producer association delegates to serve
for the unexpired portion of that term of office, or

     (b)  if a director at large is not appointed under clause (a), the
position  may be filled under section 43(2).


Board of Directors meetings
46(1)  The Board of Directors may, at the call of the chair of the
Commission, conduct meetings of the Board of Directors.

(2)  The zone directors and directors at large are eligible to vote on each
matter put to the question before the Board of Directors.

(3)  Unless the past chair of the Commission is ineligible to serve as a
zone delegate, sub-zone delegate or producer association delegate by virtue
of section 27(4) and (5), the past chair is eligible to vote on each matter
put to the question before the Board of Directors.


Quorum
47   The quorum necessary for the Board of Directors to conduct business,
hold a vote on any matter or have an election is a majority of the total
number of all of the following individuals who hold office at the time:

     (a)  the zone directors;

     (b)  the directors at large;

     (c)  the chair of the Commission, if a zone director was elected as
chair of the Commission;

     (d)  the past chair of the Commission, if the past chair is a member
of the Board of Directors and is eligible to vote.


     Division 5
     Executive

Election of chair, vice-chair and finance chair
48(1)  At the first meeting of the Board of Directors following the annual
Commission meeting, the Board of Directors shall elect from among
themselves

     (a)  a chair of the Commission,

     (b)  a vice-chair of the Commission, and

     (c)  a finance chair of the Commission.

(2)  The chair of the Commission, the vice-chair of the Commission and the
finance chair of the Commission together with the past chair of the
Commission, if the past chair is eligible to vote under  section 46(3),
form the members of the Executive of the Board of Directors.

(3)  Where only one director, whether a zone director or a director at
large, has been nominated for the position of chair of the Commission,
vice-chair of the Commission or finance chair of the Commission, the
director so nominated shall be declared elected by acclamation.


Term of office
49(1)  The term of office of a member of the Executive, other than the past
chair of the Commission,

     (a)  commences immediately on the member's being declared elected at
the first meeting of the Board of Directors following the annual Commission
meeting, and

     (b)  expires immediately on a member who is to fill that position on
the Executive being declared elected as that member of the Executive at the
first meeting of the Board of Directors following the next annual
Commission meeting.

(2)  The term of office of the past chair of the Commission

     (a)  commences immediately on another chair's being elected at the
first meeting of the Board of Directors following the annual Commission
meeting, and

     (b)  expires at the first meeting of the Board of Directors
following the next annual Commission meeting.


Executive vacancy
50   Where a member of the Executive, other than the past chair of the
Commission, ceases to hold office before the expiry of that member's term
of office, the Board of Directors may elect another zone director or
director at large to that position on the Executive to serve for the
unexpired portion of that term of office.


Removal of the Executive
51(1)  The Board of Directors may, at a meeting of the Board, remove a
member of the Executive, other than the past chair of the Commission, from
office.

(2)  Where a vacancy is created by the removal of a member of the Executive
under subsection (1),

     (a)  the Board of Directors may, at the meeting of the Board at
which the member of the Executive was removed, appoint another zone
director or director at large as that member of the Executive to serve for
the unexpired portion of that term of office, or

     (b)  if the member of the Executive is not appointed under clause
(a), that position may be filled under section 50.


     Division 6
     Committees of the Board of Directors

Establishment of committees
52(1)  The Board of Directors may establish standing or special committees
as the Board of Directors may from time to time consider necessary.

(2)  The Board of Directors may from time to time dissolve, suspend or
re-establish any committee.


Appointment of committee chairs and members
53(1)  The Board of Directors shall appoint a chair of each committee from
among the zone directors and directors at large.

(2)  In consultation with the chair of a committee, the Board of Directors
may appoint the committee members from among the zone delegates, sub-zone
delegates,  producer association delegates, zone directors,  directors at
large, producers or any other individuals.

(3)  The chair, vice-chair and finance chair of the Commission are ex
officio members of all committees unless otherwise determined by the Board
of Directors.


Functions of committee
54(1)  The duties of a committee are to carry out the purpose, intent and
responsibilities of the Commission with regard to the work assigned to the
committee by the Board of Directors and to investigate and make
recommendations and reports on specific matters referred to the committee
by the Board of Directors.

(2)  Each committee shall submit to the Board of Directors a report and
review of the committee's activities at least once each year in advance of
the annual Commission meeting.


Term of office
55(1)  The term of office for a chair of a committee

     (a)  commences on the announcement of the appointment of a zone
director or director at large as the chair of the committee following the
annual Commission meeting, and

     (b)  expires on the announcement of the appointment of a zone
director or director at large as the chair of that committee following the
next annual Commission meeting.

(2)  The term of office for a member of a committee commences on the
announcement of the appointment of a zone delegate, sub-zone delegate,
producer association delegate, zone director, director at large, producer
or other individual as a member of that committee following the
announcement of the appointment of the chair of the committee and expires

     (a)  in the case of a zone delegate, sub-zone delegate, producer
association delegate, zone director or director at large, on the
termination of the term of office of that member of the committee as a zone
delegate, sub-zone delegate, producer association delegate, zone director
or director at large, and

     (b)  in the case of a producer or other individual, at the pleasure
of the Board of Directors.


Committee vacancy
56(1)  Where a chair of a committee ceases to hold office before the expiry
of that chair's term of office, the Board of Directors may appoint another
zone director or director at large as the chair of that committee to serve
for the unexpired portion of that term of office.

(2)  Where a member of a committee ceases to hold office before the expiry
of that member's term of office as a member of that committee, the Board of
Directors, in consultation with the chair of that committee, may appoint
another zone delegate, sub-zone delegate, producer association delegate,
zone director, director at large, producer or other individual as a member
of that committee to serve for the unexpired portion of that term of
office.


Removal of committee chairs
57(1)  The Board of Directors may, at a meeting of the Board, remove any
chair of a committee from office.

(2)  Where a vacancy is created by the removal of a chair of a committee,

     (a)  the Board of Directors may, at the meeting of the Board at
which the chair of the committee was removed, appoint another zone director
or director at large as chair of the committee to serve for the unexpired
portion of that term of office, or

     (b)  if a chair of a committee is not appointed under clause (a),
that position may be filled under section 56.


Removal of committee members
58(1)  The Board of Directors may, at a meeting of the Board, remove any
member of a committee from office.

(2)  Where a vacancy is created by the removal of a member of a committee,

     (a)  the Board of Directors may, at the meeting of the Board at
which the member of the committee was removed, appoint another zone
delegate, sub-zone delegate, producer association delegate, zone director,
director at large, producer or other individual as a member of that
committee to serve for the unexpired portion of that term of office, or,

     (b)  if a member of the committee is not appointed under clause (a),
that position may be filled under section 56.


     Division 7
     Commission Meetings

Annual and special Commission meetings
59   The Board of Directors

     (a)  shall hold an annual Commission meeting of the zone delegates,
sub-zone delegates and producer association delegates once in each year;

     (b)  shall hold a special Commission meeting on

               (i)  the written request of a majority of the total
number of all the zone delegates, sub-zone delegates and producer
association delegates, or

               (ii) the written request of the Council;

     (c)  may hold a special Commission meeting when the Board of
Directors is of the opinion that circumstances warrant the holding of a
special Commission meeting.


Notification of Commission meetings
60(1)  Where an annual Commission meeting or a special Commission meeting
is to be held, the Board of Directors shall in writing notify the zone
delegates, sub-zone delegates and producer association delegates of the
meeting by sending a notice of the meeting to each delegate at the
delegate's last known address.

(2)  A notice given under this section

     (a)  shall be sent to the zone delegates, sub-zone delegates and
producer association delegates at least 15 days before the meeting referred
to in the notice is to take place, and

     (b)  shall set out

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

               (ii) any other information as determined by the Board of
Directors.


Quorum
61   The quorum necessary to conduct business, hold a vote on any matter or
have an election at an annual Commission meeting or a special Commission
meeting is not fewer than 40 zone delegates, sub-zone delegates and
producer association delegates who are present at the meeting.


Voting
62   At an annual Commission meeting or at a special Commission meeting the
zone delegates, sub-zone delegates and producer association delegates may
each

     (a)  vote on each matter put to the question, and

     (b)  in the case of an election for directors at large, vote in an
election for directors at large.


     Division 8
     National and Other Organizations

Commission membership in other organizations
63   The Commission is entitled to become the provincial member of, elect
or appoint individuals to sit as directors or members of and contribute
funds to

     (a)  the Canadian Cattlemen's Association,

     (b)  the Beef Information Centre,

     (c)  the Canada Beef Export Federation, and

     (d)  any task force, committee, group, organization or person when
such membership, election, appointment or contribution will further the
purpose of this Plan and the objects of the Commission.


     PART 3

     VOTING AND ELECTIONS

     Division 1
     Voting by Eligible Producers

Eligibility to vote re individual
64   Where an eligible producer is an individual, that individual may vote
in an election or on any matter under this Plan only if

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

     (b)  the individual, prior to the vote being cast, makes a
declaration stating that the individual

               (i)  is an eligible producer,

               (ii) resides in the zone or sub-zone in which the
election or vote is being held,

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

               (iv) has not been appointed as the representative of an
eligible producer who is not an individual for the purpose of the election
or the matter in respect of which the individual wishes to cast a vote.


Eligibility to vote re non-individual
65   Where an eligible producer is not an individual, the representative of
the eligible producer may vote in an election or on any matter under this
Plan only if

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

     (b)  that representative, prior to the vote being cast, makes a
declaration stating that

               (i)  the representative has been appointed in writing as 
the representative of the eligible producer,

               (ii) the representative is the only representative of
the eligible producer,

               (iii)     the eligible producer carries on business as a
producer and the representative of the eligible producer resides in the
zone or sub-zone in which the election or vote is being held,

               (iv) the representative has not, in the representative's
own capacity as an eligible producer, previously voted in the election or
on the matter in respect of which the representative wishes to cast a vote,
and

               (v)  the representative has not previously voted in the
election or on the matter in respect of which the representative wishes to
cast a vote on behalf of the eligible producer.


When to provide declaration
66   A declaration referred to in sections 64 and 65 shall,

     (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 zone director, director at large or officer of the
Commission.


Voting at zone and sub-zone meetings
67   An eligible producer who

     (a)  resides in the zone or sub-zone, and

     (b)  is present at the annual zone meeting, annual sub-zone meeting,
special zone meeting or special sub-zone meeting, as the case may be,

is eligible to vote

     (c)  on each matter put to the question, and

     (d)  for such number of candidates as the eligible producer chooses,
not exceeding the number of zone delegates or sub-zone delegates to be
elected.


     Division 2
     Returning Officer

Appointment of returning officer
68(1)  The Board of Directors shall appoint a returning officer for the
purposes of and in connection with any election held under this Plan.

(2)  The returning officer may appoint deputy returning officers to assist
in the conduct of elections held under this Plan.


Duties of returning officer
69   The returning officer, in respect of an election under this Plan,

     (a)  may compile and maintain a voters list of eligible producers
who are entitled to vote under this Plan,

     (b)  shall ensure that an eligible producer does not cast a vote
except in accordance with this Plan, and

     (c)  shall permit scrutiny by any scrutineer of all the actions of
the returning officer and the deputy returning officers.


Destruction of ballots, etc.
70   Unless otherwise directed by the Council, neither the returning
officer nor any other person shall destroy any records or ballots in
respect of an election held under this Plan until not less than 90 days
have elapsed from the date on which the election was held.


     Division 3
     Controverted Elections

Election irregularities
71   If an eligible producer

     (a)  questions

               (i)  the eligibility  of a candidate,

               (ii) the eligibility of a voter,

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

               (iv) any 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 must, not later than 30 days after the day on which the
election was held, apply in writing to the Council to have the election
declared invalid and the position declared vacant.


Effect of no application re election irregularities
72   If, within the 30-day period referred to in section 71, the Council
has not received an application under section 71, an eligible producer who
was elected at that election is deemed to be duly elected.


Effect of  application re election irregularities
73(1)  An application to have an election declared invalid and a position
declared vacant which has not been received by the Council within 30 days
from the date of the election shall not be considered by the Council.

(2)  On receipt of an application under section 71, 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 of 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.


Effect of invalid election
74(1)  Notwithstanding that an election is declared void and a position is
declared vacant under section 73(2), the term of office for the position
declared vacant is nevertheless deemed to have commenced on the day that
the voided election was held.

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

     (a)  order that, within the time that the Council considers proper,
a special Commission meeting, special zone meeting or special sub-zone
meeting, as the case may be, be held and an election be conducted to fill
the vacant position, or

     (b)  appoint from among the eligible producers who are eligible to
be elected to the position an eligible producer to fill the vacant
position.

(3)  Where an eligible producer

     (a)  is elected to a position under subsection (2)(a), or

     (b)  is appointed to a position under subsection (2)(b)

that eligible producer shall serve for the unexpired portion of the term.


     PART 4

     TRANSITIONAL PROVISIONS, REVIEW AND REPEAL

Transitional re Directors, etc.
75   The zone directors, directors at large, zone delegates, sub-zone
delegates, producer association delegates and the chair of the Commission,
vice-chair of the Commission and finance chair of the Commission who held
office immediately before the coming into force of this Regulation shall
continue to hold office until their terms of office to which they were
elected expire, or their successors to the positions are sooner elected or
replaced under this Regulation.


Transitional re zone and sub-zone delegates
76(1)  In this section "conclusion of the 1998 annual meetings" means the
point in time at which the last meeting of all of the 1998 annual zone
meetings and sub-zone meetings is concluded.

(2)  Notwithstanding section 18, until the conclusion of the 1998 annual
meetings,

     (a)  in the case of zones 1 to 8, the zone committee shall consist
of 8 zone delegates elected pursuant to section 23;

     (b)  in the case of zone 9, the zone committee shall consist of 5
sub-zone delegates and 3 zone delegates elected pursuant to section 24.

(3)  With respect to the zone delegates elected in 1997, section 23 shall
until the conclusion of the 1998 annual meetings be applied as if, in the
case of zones 1 to 8, the number of delegates to be elected from each zone
is 8 delegates.

(4)  With respect to the zone delegates and sub-zone delegates elected in
1997, section 24 shall until the conclusion of the 1998 annual meetings be
applied as if, in the case of zone 9,

     (a)  the number of sub-zone delegates to be elected is 5 sub-zone
delegates, consisting of one sub-zone delegate elected from each sub-zone,
and

     (b)  the number of zone delegates to be elected is 3 zone delegates.

(5)  With respect to the number of zone delegates and sub-zone delegates
who are to be elected to attend the 1998 annual Commission meeting,
sections 23 and 24 shall apply to those elections.


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


Repeal
78   Alberta Regulation 170/69 is repealed.


     SCHEDULE 1

     ZONES

1   Zone number 1 is comprised of those lands that are located within the
following areas:

     (a)  County of Vulcan No. 2;

     (b)  County of Newell No. 4;

     (c)  County of Forty Mile No. 8;

     (d)  M.D. of Cypress No. 1;

     (e)  M.D. of Taber No. 14;

     (f)  that area of Special Area No. 2 that lies south of the Red Deer
River;

     (g)  any city, town or village that is encompassed by the land
described in clauses (a) to (f).


2   Zone number 2 is comprised of those lands that are located within the
following areas:

     (a)  County of Warner No. 5;

     (b)  County of Lethbridge No. 26;

     (c)  M.D. of Cardston No. 6;

     (d)  M.D. of Pincher Creek No. 9;

     (e)  M.D. of Willow Creek No. 26;

     (f)  M.D. of Ranchland No. 66;

     (g)  Municipality of Crowsnest Pass;

     (h)  I.D. No. 4 (Waterton);

     (i)  I.D. No. 5 (Kananaskis);

     (j)  I.D. No. 6;

     (k)  any city, town or village that is encompassed by the land
described in clauses (a) to (j).


3   Zone number 3 is comprised of those lands that are located within the
following areas:

     (a)  County of Wheatland No. 16;

     (b)  County of Mountainview No. 17;

     (c)  M.D. of Bighorn No. 8;

     (d)  M.D. of Foothills No. 31;

     (e)  M.D. of Rockyview No. 44;

     (f)  I.D. No. 9 (Banff);

     (g)  any city, town or village that is encompassed by the land
described in clauses (a) to (f).


4   Zone number 4 is comprised of those lands that are located within the
following areas:

     (a)  County of Paintearth No. 18;

     (b)  County of Flagstaff No. 29;

     (c)  M.D. of Acadia No. 34;

     (d)  M.D. of Provost No. 52;

     (e)  M.D. of Wainwright No. 61;

     (f)  that area of Special Area No. 2 that lies north of the Red Deer
River;

     (g)  Special Area No. 3;

     (h)  Special Area No. 4;

     (i)  any city, town or village that is encompassed by the land
described in clauses (a) to (h).


5   Zone number 5 is comprised of those lands that are located within the
following areas:

     (a)  County of Stettler No. 6;

     (b)  County of Lacombe No. 14;

     (c)  County of Red Deer No. 23;

     (d)  M.D. of Badlands No. 7;

     (e)  M.D. of Starland No. 47;

     (f)  M.D. of Kneehill No. 48;

     (g)  M.D. of Clearwater No. 99;

     (h)  any city, town or village that is encompassed by the land
described in clauses (a) to (g).


6   Zone number 6 is comprised of those lands that are located within the
following areas:

     (a)  County of Ponoka No. 3;

     (b)  County of Beaver No. 9;

     (c)  County of Wetaskiwin No. 10;

     (d)  County of Strathcona No. 20;

     (e)  County of Camrose No. 22;

     (f)  County of Leduc No. 25;

     (g)  County of Parkland No. 31;

     (h)  I.D. 13 (Elk Island);

     (i)  M.D. of Brazeau No. 77;

     (j)  any city, town or village that is encompassed by the land
described in clauses (a) to (i).


7   Zone number 7 is comprised of those lands that are located within the
following areas:

     (a)  County of Thorhild No. 7;

     (b)  County of Barrhead No. 11;

     (c)  County of Athabasca No. 12;

     (d)  County of Lac Ste. Anne No. 28;

     (e)  M.D. of Woodlands No. 15;

     (f)  M.D. of Opportunity No. 17;

     (g)  M.D. of Sturgeon No. 90;

     (h)  M.D. of Westlock No. 92;

     (i)  M.D. of Yellowhead No. 94;

     (j)  M.D. of Lesser Slave River No. 124;

     (k)  I.D. 12 (Jasper);

     (l)  any city, town or village that is encompassed by the land
described in clauses (a) to (k).


8   Zone number 8 is comprised of those lands that are located within the
following areas:

     (a)  County of Smoky Lake No. 13;

     (b)  County of St. Paul No. 19;

     (c)  County of Two Hills No. 21;

     (d)  County of Vermilion River No. 24;

     (e)  County of Minburn No. 27;

     (f)  County of Lamont No. 30;

     (g)  M.D. of Bonnyville No. 87;

     (h)  Municipality of Wood Buffalo;

     (i)  I.D. 24 (Wood Buffalo);

     (j)  any city, town or village that is encompassed by the land
described in clauses (a) to (i).


9   Zone number 9 is comprised of those lands that are located within the
following areas:

     (a)  County of Grande Prairie No. 1;

     (b)  M.D. of Greenview No. 16;

     (c)  M.D. of Birch Hills No. 19;

     (d)  M.D. of Saddle Hills No. 20;

     (e)  M.D. of Clear Hills No. 21;

     (f)  M.D. of Northern Lights No. 22;

     (g)  M.D. of MacKenzie No. 23;

     (h)  M.D. of Big Lakes No. 125;

     (i)  M.D. of Smoky River No. 130;

     (j)  M.D. of East Peace No. 131;

     (k)  M.D. of Spirit River No. 133;

     (l)  M.D. of Peace No. 135;

     (m)  M.D. of Fairview No. 136;

     (n)  any city, town or village that is encompassed by the land
described in clauses (a) to (m).


     SCHEDULE 2

     SUB-ZONES IN ZONE 9

1   Sub-zone 9-1 is comprised of those lands that are located within the
following areas:

     (a)  M.D. 23 (High Level, Ft. Vermilion, La Crete areas);

     (b)  that area of M.D. 22 north of Chinook Valley Road (Keg River,
Manning and Dixonville areas).


2   Sub-zone 9-2 is comprised of those lands that are located within the
following areas:

     (a)  M.D. 21 (Worsley, Cleardale, Hines Creek areas);

     (b)  M.D. 136 (Fairview area);

     (c)  M.D. 135 (Berwyn, Grimshaw, Peace River area);

     (d)  M.D. 131 West (Three Creeks, Nampa area);

     (e)  that area of M.D. 22 south of Chinook Valley Road.


3   Sub-zone 9-3 is comprised of those lands that are located within the
following areas:

     (a)  M.D. 20 (Gordondale, Silver Valley area);

     (b)  M.D. 133 (Spirit River area);

     (c)  M.D. 19 (Wanham, Eaglesham area);

     (d)  M.D. 130 (Smoky River, Falher area).


4   Sub-zone 9-4 is comprised of those lands that are located within the
following areas:

     (a)  County No. 1 (Grande Prairie, Beaverlodge area);

     (b)  that area of M.D. 16 west of the Simonette River.


5   Sub-zone 9-5 is comprised of those lands that are located within the
following areas:

     (a)  that area of M.D. 16 east of the Simonette River (Valleyview,
Debolt, Little Smoky area);

     (b)  M.D. 125 East (High Prairie, Kinuso area).


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

     Alberta Regulation 273/97

     Marketing of Agricultural Products Act

     ALBERTA VEGETABLE GROWERS (PROCESSING)
     PLAN REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 636/97) pursuant to
sections 23 and 54.1 of the Marketing of Agricultural Products Act.


     Table of Contents

Definitions     1
Designation     2
Plan continued 3
Termination of Plan 4
Application of Plan 5
Financing of Plan   6
Board     7
Purpose and intent  8
Operation of Plan   9
Districts 10
Composition of Board     11
Meetings  12
By-laws   13
Annual general meetings  14
Nominations    15
Secret ballot  16
Term of office 17
Loss of eligibility 18
Vacancy   19
Eligibility to vote 20
Voting    21
Representatives     22
Returning officer   23
Election records    24
Quorum    25
Result of invalid election    26
Controverted election    27
Indemnification funds    28
Transitional   29
Repeal    30
Expiry    31
Coming into force   32


Definitions
1   In this Regulation,

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

     (b)  "Board" means the Alberta Vegetable Growers  (Processing) Board
continued under this Regulation;

     (c)  "district" means a district established under section 10;

     (d)  "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 that is carrying on an
activity for a common purpose and is neither a partnership referred to in
subclause (i) nor an unincorporated organization referred to in subclause
(ii);

     (e)  "Plan" means the Alberta Vegetable Growers (Processing) Plan;

     (f)  "processing" means the changing of the nature or form of a
regulated product and without restricting the generality of the foregoing
includes cooking, canning, freezing, drying, dehydrating or compressing the
regulated product;

     (g)  "processor" means any person engaged in processing;

     (h)  "producer" means any person who produces regulated product;

     (i)  "registered producer" means a producer who is registered with
the Board and who holds or has held, within the previous 18 months, a
contract with a processor to grow the regulated product;

     (j)  "regulated product" includes peas, corn, wax beans, green
beans, cucumbers, carrots, red beets, pumpkins, asparagus, tomatoes,
cabbage and cauliflower and any other vegetables produced for processing
except potatoes and sugar beets.


Designation
2   Peas, corn, wax beans, green beans, cucumbers, carrots, red beets,
pumpkins, asparagus, tomatoes, cabbage and cauliflower and any other
vegetables produced for processing except potatoes and sugar beets are
designated as agricultural products for the purposes of the Act.


Plan continued
3(1)  The Alberta Vegetable Growers' Marketing Plan established under the
Alberta Vegetable Growers Marketing Plan Regulation (AR 95/93) is hereby
amended and continued under this Regulation with the name "Alberta
Vegetable Growers (Processing) Plan".

(2)  The Alberta Vegetable Growers (Processing) Plan operates pursuant to
this Regulation.


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


Application of Plan
5   This Plan applies

     (a)  to that part of Alberta that is contained within the districts,

     (b)  to all persons who are producers and who

               (i)  produce the regulated product on land contained
within the districts, or

               (ii) market that regulated product,

     and

     (c)  for the purposes of section 9(1)(b), (c), (d), (e), (f), (g)
and (i) and (2)(c) to (j), to processors who process the regulated product
produced on land contained within the districts.


Financing of Plan
6(1)  The Plan must be financed by charging and collecting service charges,
licence fees and levies, or any of them.

(2)  The amount of a service charge and the method by which it may be
assessed must be as prescribed by the Board.

(3)  A processor must

     (a)  deduct the service charge from payments due to registered
producers, and

     (b)  pay the service charge to the Board

in the manner prescribed by the Board.

(4)  The amounts of licence fees and levies and the manner in which they
may be assessed and collected must be as prescribed by the Board.


Board
7(1)  The board with the name "Alberta Vegetable Growers' Marketing Board"
established under the Alberta Vegetable Growers Marketing Plan Regulation
(AR 95/93) is hereby continued with the name "Alberta Vegetable Growers
(Processing) Board".

(2)  The Board must operate pursuant to this Plan.

(3)  The Board

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

     (b)  must

               (i)  open one or more accounts in and designate any
officers, employees and other persons necessary to sign cheques and
transact the Board's business with its bank, loan corporation, trust
corporation, credit union, treasury branch or other depository, and

               (ii) generally do all things incidental to or in
connection with the transaction of the Board's business with its bank, loan
corporation, trust corporation, credit union, treasury branch or other
depository,

     and

     (c)  must maintain or cause to be maintained books and records that

               (i)  are required under the Act, the regulations or by
virtue of any order of the Council, or

               (ii) are required by the Board,

          and the books and records must be open for inspection at all
reasonable times at the office of the Board on the written request of a
registered producer or any member of the Council.

(4)  The Board is hereby empowered to accept and exercise any power and
authority vested in the Board by the Lieutenant Governor in Council or the
Council or delegated to the Board by the Council.

(5)  The Board may become a member of or contribute funds to a farm
organization.

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


Purpose and intent
8   The purpose of the Plan is to provide for the effective 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 maintain and improve methods and practices of producing,
harvesting, transporting, grading, processing, packing, storing and
marketing the regulated product;

     (b)  to provide for licensing of processors and registered
producers;

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

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

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

     (f)  to maintain and improve advertising for and the promotion of
the processed regulated product;

     (g)  to ensure that the regulated product is supplied in quantities
sufficient to allow for a continuous year-round supply of the processed
regulated product for the trade and consumer market;

     (h)  to ensure that producers sell the regulated product to or
through a processor licensed by the Board;

     (i)  to work with marketing boards or organizations in Canada having
purposes similar to those of the Plan.


Operation of Plan
9(1)  For the purposes of enabling the Board to operate the 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 the 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 the 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.

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

     (a)  establishing 

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

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

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

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

     (c)  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;

     (d)  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;

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

     (f)  determining from time to time the minimum price or prices that
must 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;

     (g)  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 must be made;

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

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


Districts
10(1)  For the purposes of representation, Alberta is divided into the
following 3 districts:

     (a)  Coaldale District, which consists of the land lying within
Range 19, south of Township 20 to the United States border and west of
Range 19 to the British Columbia/Alberta border; 

     (b)  Taber District, which consists of the land lying within Range
18 south of the Oldman River and south of the South Saskatchewan River to
the United States border, and east of Range 18 to the Saskatchewan/Alberta
border; 

     (c)  Vauxhall District, which consists of the land lying within
Range 18 north of the Oldman River and the South Saskatchewan River and
south of Township 27 and east of Range 18 to the Saskatchewan/Alberta
border.

(2)  Meetings of the registered producers of a district may be called

     (a)  by the Board or the Council at any time, or

     (b)  by the Board on the written request of at least 3 registered
producers for that district.


Composition of Board
11(1)  The Board consists of 7 members as follows:

     (a)  one member representing the Coaldale District;

     (b)  one member representing the Vauxhall District;

     (c)  4 members representing the Taber District;

     (d)  one individual as Chair elected in accordance with this
Regulation.

(2)  The Board may remove the Chair if

     (a)  in the opinion of the Board the Chair no longer represents the
interests of the vegetable processing industry, and

     (b)  at least 5 of the 7 members of the Board, other than the Chair,
vote to do so.

(3)  The Board may remove the vice-chair if

     (a)  in the opinion of the Board the vice-chair no longer represents
the interests of the vegetable processing industry, and

     (b)  at least 5 of the 7 members of the Board, other than the
vice-chair, vote to do so.


Meetings
12   The Board

     (a)  must hold an annual general meeting of registered producers at
the date, time and place fixed by the Board,

     (b)  must hold special general meetings of registered producers when
the Board considers it appropriate to do so, and

     (c)  must hold a special meeting of registered producers on receipt
of a written request

               (i)  by the Council, or

               (ii) by not less than 10% of the registered producers.


By-laws
13   Subject to the Act and the regulations, the Board may make by-laws
governing the calling and holding of annual general meetings, special
general meetings and special meetings.


Annual general meetings
14(1)  At each annual general meeting the registered producers must

     (a)  elect individuals to fill the positions on the Board that
become vacant at the conclusion of that annual general meeting,

     (b)  elect from among the registered producers, a Chair of the Board
for a one-year term,

     (c)  elect from among the members of the Board, a vice-chair of the
Board for a one-year term,

     (d)  receive, consider and discuss the annual reports of the Board
and the operations of the Board since the previous annual general meeting,

     (e)  receive, consider and discuss the annual reports of any
committees appointed by the Board,

     (f)  receive the auditor's annual financial statement and report,

     (g)  appoint an auditor for the Board for the coming year, and

     (h)  discuss and formulate the policies to be adopted or continued
by the Board in carrying out its general duties under the Plan and in
carrying out the powers and duties vested in the Board.

(2)  If the person elected as Chair is a member of the Board respecting a
district, that person ceases to be a member of the Board representing that
district and the registered producers must elect another person as a member
of the Board to represent that district.


Nominations
15(1)  Only registered producers who are resident in the district may
nominate a person as a member of the Board representing that district.

(2)  A person may be nominated for election to the Board to represent a
district only if that person is a registered producer and is a resident of
the district that the person is nominated to represent.

(3)  A nomination may be made 

     (a)  in writing, signed by at least 2 nominators, or

     (b)  from the floor at the meeting at which the election is to be
held.

(4)  A nomination in writing must be delivered to the returning officer
prior to the election date.

(5)  A nomination is not valid unless

     (a)  in the case of a nomination in writing, it is accompanied by
the written consent of the nominee, or 

     (b)  in the case of a nomination made orally, the nominee gives oral
or written consent to the nomination at the meeting at which the election
is to be held.

(6)  Notwithstanding section 11, if insufficient nominations are made for
persons to represent a district, a person who is a registered producer and
resident of another district may be nominated to fill that position.


Secret ballot
16   The election of Board members must be by secret ballot.


Term of office
17(1)  The term of office of members of the Board 

     (a)  commences at the conclusion of the annual general meeting at
which the election is held to fill the office, and

     (b)  except for the Chair, terminates on the conclusion of the
annual general meeting held in the 3rd year following the year in which the
term commenced.

(2)  Subject to subsection (3), no person shall serve more than 2
consecutive 3-year terms as a member of the Board unless written approval
is obtained from Council.

(3)  Subsection (2) does not apply to the Chair of the Board.


Loss of eligibility
18   A member of the Board who ceases to be a registered producer or ceases
to reside in the district the member was elected to represent automatically
ceases to be a member.


Vacancy
19(1)  If a member's position on the Board, other than that of chair or
vice-chair, becomes vacant during the member's term of office, the Board
may, with the approval of Council, appoint from among individuals eligible
to be elected to the vacant position an individual

     (a)  to fill the position for the unexpired portion of the term, or

     (b)  to act as a member until the date of the next annual general
meeting, at which time the position is to be filled by an election held in
accordance with this Regulation of a member to hold office for the
unexpired portion of the term.

(2)  If a member's position as chair of the Board becomes vacant during the
chair's term of office, the vice-chair of the Board must assume the
position and the responsibilities of the chair for the unexpired portion of
the term.

(3)  If a member's position as vice-chair of the Board becomes vacant
during the vice-chair's term of office, the Board must elect from among its
members a vice-chair to serve the unexpired portion of the term.


Eligibility to vote
20(1)  An individual who

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

     (b)  resides in Alberta, and

     (c)  is present at a meeting

is eligible to vote on any matter at that meeting and is eligible to vote
in the election of members of the Board.

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

     (a)  a registered producer, and

     (b)  appointed under section 22 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 22, 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 22.

(3)  An individual who is eligible to vote may appoint any person as a
proxy to vote on the individual's behalf.

(4)  An individual who is appointed as a proxy under subsection (3) must
deposit with the returning office, before the vote is to be held, the
document under which the proxy is appointed.

(5)  A person may not act as a proxy for more than one individual in
respect of the same vote.


Voting
21(1)  An individual who is eligible to vote may

     (a)  vote once on each matter, and

     (b)  in the case of an election of members of the Board, vote for
any number of candidates the individual chooses, not exceeding the number
of members to be elected to the Board,

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

(2)  An individual shall not vote under the Plan unless

     (a)  the individual's name appears on the current list of registered
producers, or

     (b)  the individual is a representative of a corporation,
partnership or other organization and complies with section 22(6) and (7).


Representa-tives
22(1)  If a registered producer is not an individual and

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

     (b)  attends meetings held under the Plan,

     (c)  votes on any matter under the Plan,

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

     (e)  holds office under the Plan,

it must do so in accordance with this section.

(2)  A registered producer that is not an individual must appoint an
individual to be the representative of the registered producer.

(3)  A representative appointed by a registered producer under this section
must

     (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.

(4)  If a registered producer is

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

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

     (c)  an organization other than a corporation or partnership, it
must appoint an individual who is a member, officer or employee of the
organization as its representative.

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

     (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 the calling to order of the meeting at
which a vote is to take place.

(6)  A representative of a registered producer must not vote under this
Plan unless the representative

     (a)  presents a document signed by a registered producer indicating
the representative as the person who may vote for the registered producer,
or

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

               (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 representative wishes to vote. 

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

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

(9)  A representative shall not vote or hold office before the appointment
is filed in accordance with subsection (5).

(10)  A representative of a registered producer who is eligible to vote may
appoint any person as a proxy to vote on the representative's behalf.

(11)  A person who is appointed as a proxy under subsection (10) must
deposit with the returning officer, before the vote is to be held, the
document under which the proxy is appointed.

(12)  A person may not act as a proxy for more than one representative of a
registered producer in respect of the same vote.


Returning officer
23(1)  The Board must appoint a returning officer for the purposes of any
election or vote taken under the Plan.

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

(3)  The returning officer must

     (a)  compile and maintain a voters list of registered producers who
are entitled to vote under the Plan,

     (b)  ensure that an individual does not cast a vote under the Plan
unless

               (i)  the name of that individual appears on the voters
list, or

               (ii) that individual has made a statutory declaration
under section 22(6)(b),

     and

     (c)  permit scrutiny by a scrutineer of the actions of the returning
officer and the deputy returning officers respecting the conduct of a vote
taken under the Plan.


Election records
24   Unless otherwise directed by the Council, no person shall destroy any
record or ballot in respect of any vote held pursuant to the Plan until at
least 30 days after the day on which the voting was conducted.


Quorum
25(1)  The quorum required

     (a)  to conduct business at an annual general meeting or special
meeting, or

     (b)  to elect members of the Board at an annual general meeting or
at a special meeting held under section 27(6)(a) 

is 20% of the registered producers eligible to attend the meeting.

(2)  The quorum required for meetings of the Board is a majority of the
members then sitting on the Board.


Result of invalid election
26(1)  If an election is held under the 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 under subsection (1), the
term of office of the position is deemed to have commenced as if an
individual had been elected to the position.

(3)  Notwithstanding section 19, if a position is vacant under subsection
(1), the Council must fill the position by appointing, from individuals
eligible to be elected to that position, an individual to fill that
position.

(4)  An individual appointed under subsection (3) must serve the unexpired
portion of the term.


Controverted election
27(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, 

the registered producer must, 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 30 days after the date 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 has not been received by the Council within 30 days after the date of
the election.

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

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

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

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

               (ii) the election was conducted substantially in
accordance with this Regulation 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
which was declared void was held.

(6)  Notwithstanding section 19, if the Council declares an election to be
void and the position vacant, it must

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

     (b)  appoint, from among individuals who are eligible to be elected
to the position, an individual to fill the vacant position.

(7)  A person elected or appointed under subsection (6) must hold office
for the unexpired portion of the term. 


Indemnifica-tion funds
28(1)  The Board may establish one or more funds under section 34 or 35 of
the Act.

(2)  In accordance with section 50 of the Act, the Board, with respect to
the production or marketing, or both, of the regulated product, is
authorized to perform any function or duty and exercise any power imposed
or conferred on the Board by or under the Agricultural Products Marketing
Act (Canada) or the Farm Products Marketing Agencies Act (Canada), or both
of them.

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


Transitional
29(1)  In this section,

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

     (b)  "previous Plan" means the Alberta Vegetable Growers' Marketing
Plan established under the Alberta Vegetable Growers Marketing Plan
Regulation (AR 95/93) 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 must, on the
coming into force of the new Plan, continue as members of the Board under
the new Plan until their term under the previous Plan expires and they are
replaced by members of the new Board who are elected under the new Plan.

(3)  All assets, liabilities and obligations of the previous Board are
assumed by the new Board.

(4)  Any obligation or liability that a person has

     (a)  under the previous Plan is an obligation or liability, as the
case may be, under the new Plan, or

     (b)  with or in respect of the previous Board is an obligation or
liability, as the case may be, with or in respect of the new Board.

(5)  Any reference to the previous Board or the previous Plan in any
document, agreement or regulation that is subsisting or in force
immediately before the coming into force of the new Plan is deemed to be a
reference to the new Board or the new Plan, as the case may be.

(6)  Any proceeding that has been commenced but not completed under the
previous Plan or in respect of the previous Board may be continued and
completed under the new Plan or in respect of the new Board.

(7)  Any matters or business of the previous Board that was in progress at
the time of the coming into force of the new Plan may be continued by the
new Board.


Repeal
30   The Alberta Vegetable Growers Marketing Plan Regulation (AR 95/93) is
repealed.


Expiry
31   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


Coming into force
32   This Regulation comes into force on December 31, 1997.



     Alberta Regulation 274/97

     Marketing of Agricultural Products Act

     POTATO GROWERS OF ALBERTA PLAN REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 637/97) pursuant to
sections 23 and 54.1 of the Marketing of Agricultural Products Act.


     Table of Contents

Definitions    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 of Plan     6
Areas     7

     Division 2
     Operation of Plan by the Board

Board continued     8
Functions of the Board   9
Regulations to operate Plan   10
Financing of Plan   11
Remuneration   12
Auditor   13
Indemnification fund     14
Honorary memberships     15

     Part 2
     Governance of Plan

     Division 1
     Board

Members of the Board     16
Chairperson    17
Board meetings 18
Quorum re meeting of members  19
Term of office 20
Removal from office 21

     Division 2
     General Meetings of Producers

Annual meetings     22
Special meetings    23
Area meetings  24
Notification of meetings 25
Quorum    26

     Division 3
     Eligibility, Voting and Elections

Producers who are individuals 27
Producers that are not individuals 28
Eligibility to vote 29
Election of area members 30
Election of non-area members  31
Election results    32
Returning officer   33
Result of invalid election    34
Controverted election    35

     Part 3
     Transitional Provision, Review and Repeal

Transitional   36
Review    37
Repeal    38



Definitions
1   In this Regulation,

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

     (b)  "area" means an area referred to in section 7;

     (c)  "Board" means the Potato Growers of Alberta;

     (d)  "Canada Act" means

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

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

               (iii)     the Advance Payments for Crops Act (Canada);

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

     (f)  "dealer" means any person engaged in the business of marketing
potatoes that are purchased or received from a licensed producer and
includes a packer;

     (g)  "licensed producer" means a producer who

               (i)  holds a producer's licence, and

               (ii) grows potatoes on one or more parcels of land that
in the aggregate exceed 5 acres;

     (h)  "marketing"

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

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

     (i)  "packer" means a person who is in the business of buying
potatoes from producers for the purpose of resale to wholesalers or
retailers;

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

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

               (ii) an 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);

     (k)  "Plan" means the Plan referred to in section 3;

     (l)  "potatoes" mean a vegetable of the species Tuberosum that is
grown in Alberta;

     (m)  "processing"

               (i)  means changing the nature or form of potatoes from
their raw or natural state, and

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

     (n)  "processor" means a person engaged in the business of
processing potatoes;

     (o)  "producer" means a person who grows potatoes;

     (p)  "regulated product" means potatoes;

     (q)  "representative" means an individual appointed as a
representative under section 28;

     (r)  "voters list" means a list of individuals entitled to vote in
an election provided for in this Plan.


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


     PART 1

     GENERAL OPERATION OF PLAN

     Division 1
     Plan
Plan continued
3   The Alberta Potato Marketing Plan, established under Alberta Regulation
208/88, is hereby amended and continued under this Regulation with the name
"Potato Growers of Alberta 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;

     (b)  to all persons who produce or market or produce and market
potatoes;

     (c)  for the purposes of section 10(1)(b), (c), (d), (e), (g) and
(2), to processors and dealers.

(2)  Notwithstanding subsection (1), the Plan does not apply to a person
who grows potatoes on one or more parcels of land that do not in the
aggregate exceed 5 acres.


Purpose of Plan
6   The purposes of this Plan are

     (a)  to provide for the initiation, support and conduct of programs
for stimulating, increasing and improving the economic well-being of the
potato industry in Alberta;

     (b)  to establish and maintain a minimum price for potatoes;

     (c)  to provide for the initiation, support or conduct of studies
and research in connection with

               (i)  the production of potatoes,

               (ii) the processing and marketing of potatoes,

               (iii)     the industrial use of potatoes and by-products of
potatoes, and

               (iv) consumer needs and demands with respect to
potatoes;

     (d)  to provide assistance in the education of producers in respect
of the proper and profitable methods of production, marketing and
processing of potatoes;

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

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

     (g)  to develop industry alliances with other marketing boards and
commissions, grower associations and co-operatives and other persons to
increase producer participation in the industry;

     (h)  to provide market information to producers, to encourage the
exchange of information among producers and to encourage communication
among producers;

     (i)  to encourage fair and ethical practices among producers;

     (j)  to co-operate with the Government of Canada and the Government
of Alberta in respect of the production, marketing and processing of
potatoes.


Areas
7   For the purposes of this Plan, Alberta is divided into 2 areas as
follows:

     (a)  Alberta North consisting of all of that area of Alberta that is
north of the 7th base line;

     (b)  Alberta South consisting of all of that area of Alberta that is
south of the 7th base line.


     Division 2
     Operation of Plan by the Board

Board continued
8   The board known as the "Potato Growers of Alberta" is hereby continued.


Functions of the Board
9   The Board

     (a)  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 secured depository, and

               (ii) designate those officers, employees and other
persons as are necessary to sign cheques and transact the Board's business
with its bank, trust company, treasury branch, credit union or other
secured 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 any
licensed producer or any member of the Council;

     (e)  shall maintain an office, the location of which shall at all
times be made known to the Council and each licensed producer, dealer and
processor;

     (f)  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;

     (g)  may appoint officers, employees and agents, prescribe their
duties and fix their remuneration;

     (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 potatoes, 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
10(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 a regulated product to register their names and addresses with the
Board;

     (b)  requiring any person who produces, markets or processes a
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 this Plan before they
become engaged in the production, marketing and processing, or any one or
more of those functions, of a regulated product;

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

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

               (i)  to deduct from the money payable to the producer
any service charges, licence fees or levies, as the case may be, payable by
the producer to the Board, 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 of the Act, to make
regulations

     (a)  requiring any person who provides an agricultural product under
this Plan to furnish to the Board any information requested by the Board;

     (b)  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;

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

     (d)  providing for the payment to a producer of the money payable or
owing for the regulated product, less any service charges 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;

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

(3)  Pursuant to section 28 of the Act the power to make regulations
referred to in subsection (1)(g) and (h) and (2)(d) is to be restricted by
the Council so that the Board will not be authorized to make regulations in
respect of levies.


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

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

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


Remuneration
12   The members of the Board shall receive remuneration and expenses as
the Board considers proper.


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


Indemnifica-tion fund
14   The Board shall not establish and operate a fund under section 34 or
35 of the Act.


Honorary memberships
15   The Board may establish non-voting associate, patron, industry,
affiliate or honorary memberships under this Plan to provide interested
individuals or organizations the opportunity to contribute to the
activities and goals of the Board.


     PART 2

     GOVERNANCE OF PLAN

     Division 1
     Board

Members of the Board
16  The Board shall consist of 7 members as follows:

     (a)  4 members, 

               (i)  2 of whom shall be elected from Alberta North, and

               (ii) 2 of whom shall be elected from Alberta South;

     (b)  3 members who shall be elected at large.


Chairperson
17(1)  The members of the Board shall, at their first meeting following the
election of members to the Board, elect from the members of the Board

     (a)  a chairperson of the Board, and

     (b)  a vice-chairperson of the Board.

(2)  Where the chairperson's position becomes vacant, the vice-chairperson
shall assume the position of chairperson and the Board shall elect from the
members of the Board one member to serve as vice-chairperson.

(3)  During their term of office, the chairperson and vice-chairperson
serve at the pleasure of the members of the Board.


Board meetings
18   The Board may, at the call of the chairperson or of not less than 3
members, conduct Board meetings.


Quorum re meeting of members
19   The quorum necessary for the conduct of business at a meeting of the
members of the Board is a majority of the Board members then holding
office.


Term of office
20(1)  Each member of the Board shall be elected for a term of 3 years.

(2)  The term of office of a member,

     (a)  if elected at the annual meeting, commences on the conclusion
of the annual meeting at which the member was elected, or

     (b)  if elected at an area meeting commences on the conclusion of
the next following annual meeting

and expires on the conclusion of the annual meeting that takes place in the
year that 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.  

(4)  Notwithstanding subsection (3), if a person has served as a member of
the Board for 6 consecutive years, that person is once again eligible to
serve as a member of the Board once 3 years have expired from the
conclusion of that person's last term of office.


Removal from office
21(1)  Where a member of the Board ceases to be a licensed producer or a
representative of a licensed producer during that person's term of office,
that person, unless that person sooner resigns as a member, ceases to be a
member from the day the producer ceases to be a licensed producer.

(2)  Where a member of the Board is absent from 3 consecutive meetings of
the Board, without providing reasons that the Board considers satisfactory,
that person's position on the Board as a member is deemed to be vacant at
the conclusion of the 3rd consecutive meeting from which that person is
absent.

(3)  Where a vacancy occurs on the Board under this section, the Board may
appoint, with the approval of the Council, a licensed producer or a
representative of a licensed producer to fill the position from among the
persons who are eligible to be elected to that position.

(4)  A person appointed under subsection (3) shall serve that portion of
the term that runs to the next annual meeting following the person's
appointment, at which time

     (a)  the person ceases to hold office, and

     (b)  an election shall be held to fill the office for the unexpired
portion, if any, of the term of the vacant position.


     Division 2
     General Meetings of Producers

Annual meetings
22  Annual meetings of the licensed producers shall be held

     (a)  once in each year, and

     (b)  within 15 months following the date of the commencement of the
last annual meeting.


Special meetings
23(1)  Special meetings of the licensed producers

     (a)  may be called by the Council,

     (b)  may be called by the Board, and

     (c)  shall be called by the Board on the written request of not less
than 10% of the licensed producers.


Area meetings
24(1)  The Board shall organize and finance 2 area meetings within a
reasonable period of time prior to the annual meeting of licensed
producers.

(2)  The purpose of an area meeting, when required, is to elect a member of
the Board to represent the area.


Notification of meetings
25(1)  The Board shall set the time, place and date of any annual meeting,
special meeting and area meeting.

(2)  The Board shall send to all licensed producers entitled to vote
written notice, not less than 15 days prior to the day on which the meeting
referred to in subsection (1) is to take place, setting out the following:

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

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

     (c)  if the meeting is an area meeting, the names of the persons
nominated up to the date of the notice who have been nominated to stand for
election as members of the Board to represent the area;

     (d)  if the meeting is an annual meeting, a ballot containing the
names of the persons nominated at each area meeting who have been nominated
to stand for election as members at large of the Board.

(3)  Any notice under subsection (2) may be conveyed to the licensed
producer

     (a)  by ordinary mail sent to the licensed producer's last address
shown on the records of the Board, or

     (b)  by facsimile, e-mail or other electronic means sent to the
licensed producer's last electronic address shown on the records of the
Board.


Quorum
26   The quorum necessary under the Plan,

     (a)  in the case of an area meeting, is 10% of the licensed
producers who reside within the area;

     (b)  in the case of an annual meeting or special meeting, is 10% of
the licensed producers.


     Division 3
     Eligibility, Voting and Elections

Producers who are individuals
27(1)  A licensed 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)  Subject to subsections (3), (4) and (5), 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 licensed producers.

(3)  If an individual is not on the list of licensed producers, that
individual shall not cast a vote in an election unless the individual

     (a)  has signed a declaration stating that the individual

               (i)  is or qualifies as a licensed producer under this
Plan, and

               (ii) resides within the area for which the election is
to be held,

     and

     (b)  files the declaration signed under clause (a) with the
returning officer or deputy returning officer at the meeting at which the
election is to be held but prior to the casting of the ballots.

(4)  An individual who is eligible to vote may appoint any person as a
proxy to vote on the individual's behalf if the individual appointing the
proxy deposits with the returning officer at least 2 days before the day on
which the vote is to be held the document under which the proxy is
appointed.

(5)  A person may not act as a proxy for more than one individual in
respect of the same vote.


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

(2)  If a licensed 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,

that licensed producer shall do so in accordance with this section.

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

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

     (a)  represent that licensed producer in any matter pertaining to
this Plan,

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

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

(5)  If a licensed producer is

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

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

     (c)  an organization, other than a corporation or a partnership, it
shall appoint an individual who is a member, officer or employee of the
organization as its representative.

(6)  An appointment of a representative under this section shall be 

     (a)  in writing, and

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

(7)  A representative of a licensed producer shall not cast a vote under
this Plan unless the individual who is the representative

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

     (b)  makes a statutory declaration stating that the individual

               (i)  is a representative of the licensed 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.

(8)  A statutory declaration made under subsection (7)(b) shall be made in
writing before the returning officer prior to the votes' being cast.

(9)  An individual cannot be a representative under this section for more
than one licensed producer.

(10)  A representative shall not vote or hold office before that person's
appointment is filed in accordance with subsection (6).

(11)  A representative of a licensed producer who is eligible to vote may
appoint any person as a proxy to vote on the representative's behalf if the
representative appointing the proxy deposits with the returning officer at
least 2 days before the day on which the vote is to be held the document
under which the proxy is appointed.

(12)  A person may not act as a proxy for more than one representative in
respect of the same vote.


Eligibility to vote
29(1)  A person is eligible 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 licensed producer or a representative of a licensed
producer, or

     (d)  is a person appointed by a licensed producer or a
representative of a licensed producer as a proxy in accordance with section
27(4) or 28(11)

and is present at the annual meeting or special meeting of the licensed
producers.

(2)  If a person who is appointed as a proxy is also a licensed producer or
a representative of a licensed producer, that person shall be entitled to
vote in that person's own right as a licensed producer or as a
representative of a licensed producer and on behalf of the individual who
appointed that person as a proxy.

(3)  A person who is eligible to vote or who holds a proxy pursuant to
section 27(4) or 28(11) may 

     (a)  vote once on each matter, and

     (b)  in the case of an election of members of the Board, vote for
any number of candidates the person chooses, not exceeding the number of
members to be elected to the Board,

notwithstanding that the person may manage, operate, own, lease or hold
equity in one or more operations that are licensed separately with the
Board.

(4)  Notwithstanding subsection (1), a person who is eligible to vote in an
election for a member at large may do so without being in attendance at the
annual meeting or special meeting at which the election is to be held if
that person completes the ballot and forwards that completed ballot by mail
or by electronic means to the Board's office.

(5)  The returning officer shall consider a ballot forwarded to the Board's
office under subsection (4) to be cast in the election if the  ballot is
received in the Board's office at least 3 days before the annual meeting or
special meeting at which the election is to be conducted.


Election of area members
30(1)  Subject to this Plan, the licensed producers who reside within an
area shall elect the members to represent the area.

(2)  Nominations for candidates to represent an area shall be made to the
returning officer pursuant to subsection (3), prior to or during the area
meeting.

(3)  A nomination for a candidate to represent an area as a member shall

     (a)  be in writing or on a form that is provided by or is
satisfactory to the Board,

     (b)  name a licensed producer or a representative of a licensed
producer from the area in respect of which the nomination is being made,

     (c)  only be made by a licensed producer who resides within the area
in respect of which the nomination is being made, and

     (d)  be accompanied by or have endorsed on the written nomination
the consent of the person being nominated.

(4)  One of the current members of the Board representing that area shall
be the chairperson of the area meeting unless that member is a candidate
for election as a member of the Board representing the area, in which case
a chairperson shall be elected from among those licensed producers present
at the meeting who are not candidates in that election.

(5)  The chairperson of the area meeting

     (a)  shall vote only in the case of a tie, and

     (b)  shall forward the results of the election held at the area
meeting to the Board within 5 days from the day that the area meeting was
held, together with a signed statement affirming that the requirements of
this section have been met.

(6)  The election for a member to represent an area

     (a)  shall be held at the area meeting;

     (b)  may, notwithstanding clause (a), be held at the annual meeting
if

               (i)  no nominations were received prior to or during the
area meeting, or

               (ii) the Council has determined pursuant to section 35
that an area election is invalid;

     (c)  shall be by persons who reside in the area in respect of which
the vote is being held;

     (d)  shall be conducted by means of a secret ballot.


Election of non-area members
31(1)  Three members of the Board shall be elected by means of a secret
ballot as members at large

     (a)  one of whom shall be elected at each annual meeting, and

     (b)  for whom nominations shall be received by the Board from the
floor of each area meeting in accordance with subsection (3).

(2)  On the conclusion of the last of the area meetings to be held prior to
the annual meeting, the Board shall

     (a)  prepare a ballot containing the names of the persons nominated
at the area meetings who have been nominated to stand for election as
members at large, and

     (b)  send a ballot to each of the licensed producers in the same
manner as a notice may be sent to a licensed producer under section 25(3).

(3)  Any person may be nominated for election as a member at large of the
Board at an area meeting if 

     (a)  that person is a licensed producer or a representative of a
licensed producer, and

     (b)  that person has consented to being nominated.


Election results
32   In the case of an election held under sections 30 and 31

     (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, but

     (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.


Returning officer
33(1)  The Board shall appoint a returning officer for the purpose  of and
in connection with any election or vote taken under this Plan.

(2)  The returning officer shall

     (a)  compile and maintain a voters list of persons who are entitled
to vote under this Plan;

     (b)  ensure that each person who votes in an election is on the
voters list, has signed a declaration pursuant to section 27  or 28 or has
been appointed as a proxy pursuant to section 27(4) or 28(11);

     (c)  permit scrutiny by a scrutineer of all the actions of the
returning officer in respect of the conduct of an election held under this
Plan.

(3)  Unless otherwise directed by the Council, no 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 day on which the vote was taken.


Result of invalid election
34(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 under 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)  If a position is vacant under subsection (1), the Council shall fill
the position by appointing, from persons eligible to be elected to that
position, a person to fill that position.

(4)  A person appointed under subsection (3) shall serve that portion of
the term that runs to the next annual meeting following the person's
appointment, at which time

     (a)  the person ceases to hold office, and

     (b)  an election shall be held to fill the office for the unexpired
portion, if any, of the term of the vacant position.


Controverted election
35(1)  If a licensed 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 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 must, not later than 30 days after the day on which the
election was held, apply in writing to the Council to have the election
declared invalid and the position declared vacant.

(2)  If, within the 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)  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 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.

(4)  Notwithstanding that an election is declared void and a position is
declared vacant under subsection (3)(c), the term of office of the position
declared vacant is nevertheless deemed to have commenced on the day that
the term of office would have commenced if the election had not been
voided.

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

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

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

(6)  A person elected under subsection (5)(a) shall hold office for the
unexpired portion of the term.

(7)  A person appointed under subsection (5)(b) shall serve that portion of
the term that runs to the next annual meeting following that person's
appointment, at which time

     (a)  that person ceases to hold office, and

     (b)  an election shall be held to fill the unexpired portion, if
any, of the term.


     PART 3

     TRANSITIONAL PROVISION, REVIEW AND REPEAL

Transitional
36(1)  In this section,

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

     (b)  "previous Plan" means the Alberta Potato Marketing Plan under
the Potato Marketing Plan Regulation (AR 208/88) 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
37   In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before December 31, 2002.


Repeal
38   Alberta Regulation 208/88 is repealed.


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

     Alberta Regulation 275/97

     Marketing of Agricultural Products Act

     SUGAR BEET MARKETING PLAN REGULATION

     Filed:  December 17, 1997

Made by the Lieutenant Governor in Council (O.C. 638/97) pursuant to
sections 23 and 54.1 of the Marketing of Agricultural Products Act.


     Table of Contents

Definitions    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
Auditor   10
Financing of Plan   11
Indemnification funds    12
Authority from Governor in Council 13

     Part 2
     Governance of Plan

     Division 1
     Board

Composition of Board     14
Chair, etc.    15
Removal of chair or vice-chair     16
Meetings of the Board    17
Quorum    18
Term of office 19
Vacancy   20

     Division 2
     Areas

Areas     21
Executive committee 22
By-laws   23
Quorum    24
Delegates for an area    25

     Division 3
     General Meetings

Area general meetings    26
Notice re area general meeting     27
Quorum re area general meeting     28
Board general meetings   29
Notice re Board general meeting    30
Quorum re Board general meeting    31
Business re Board annual general meeting     32

     Division 4
     Eligibility, Voting and Elections

Producers who are individuals 33
Producers that are not individuals 34
One vote only  35
Eligibility re members of the Board     36
Eligibility re area representative 37
Limits on eligibility    38
Voting    39
Returning officer   40
Void election  41
Invalid election    42
Decision of Council 43

     Part 3
     Transitional Provision, Review and Repeal

Transitional   44
Review    45
Repeal    46

Schedule


Definitions
1   In this Regulation,

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

     (b)  "area" means an area referred to in section 21;

     (c)  "Board" means the Board continued under section 7;

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

     (e)  "marketing" means

               (i)  buying, selling, offering for sale, storing,
grading, packing, transporting or advertising, and

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

     (f)  "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);

     (g)  "Plan" means the Sugar Beet Marketing Plan referred to in
section 3;

     (h)  "processing" means changing the nature or form of the regulated
product;

     (i)  "processor" means a person who processes sugar beets;

     (j)  "producer" means a person who produces sugar beets;

     (k)  "registered producer" means a producer who is registered with
the Board and has been allotted a quota;

     (l)  "regulated product" means sugar beets produced in Alberta.


Designation of agricultural product
2   Sugar beets 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 Sugar Beet Marketing Plan referred to in Alberta Regulation 227/90
is hereby amended and continued with the name "Sugar Beet 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   This Plan applies

     (a)  to all of Alberta;

     (b)  to all persons who produce the regulated product within the
area described in the Schedule;

     (c)  to all persons who market sugar beets through processors;

     (d)  for the purposes of section 9(1)(b), (c), (d), (e), (g) and
(2)(e), (f), (g), (h), (i), (l), (m) and (n), to processors.


Purpose and intent of Plan
6(1)  The purpose and intent of this Plan is to provide for the effective
control and regulation, in any and all respects, of the production and
marketing of sugar beets in Alberta, to the extent of the powers conferred
on the Board.

(2)  Without limiting the generality of subsection (1), the purposes of
this Plan are

     (a)  to establish the negotiating agencies to adopt or settle
matters regarding prices and the terms, conditions and form of agreements
relating to the marketing of sugar beets;

     (b)  to establish a system of quotas for the production or
marketing, or both, of sugar beets;

     (c)  to provide for the licensing of

               (i)  processors, and

               (ii) registered producers;

     (d)  to establish and maintain a system of marketing whereby sugar
beets are marketed through processors in accordance with this Plan and the
regulations made in respect of this Plan;

     (e)  to initiate and carry out projects or programs to commence,
stimulate, increase or improve the production or marketing, or both, of
sugar beets or any product resulting from the processing of sugar beets;

     (f)  to support and co-operate with other organizations having
objectives similar to or compatible with the objectives of the Board.


     Division 2
     Administration of Plan by the Board

Board continued
7   The board known as the "Alberta Sugar Beet Growers' Marketing Board" is
hereby continued with the name "Alberta Sugar Beet Growers".


Functions of Board
8   The Board

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

     (b)  without limiting the generality of clause (a),

               (i)  may appoint a General Manager and may prescribe the
duties and fix and provide for the remuneration of the General Manager;

               (ii) may allow the General Manager to retain other
employees or contractors, other than an auditor, and may allow the General
Manager to prescribe the duties and remuneration payable to those employees
and contractors;

               (iii)     shall open one or more deposit accounts with one or
more financial institutions and may designate the officers and employees
permitted to

                         (A)  sign cheques and other negotiable
instruments,

                         (B)  transact the business of the Board with
its financial institutions, and

                         (C)  generally do all things incidental to
or in connection with the transaction of the business of the Board with its
financial institutions;

               (iv) shall maintain or cause to be maintained accounting
books and records that from time to time may be required under the Act or
that may be required by the Council;

               (v)  shall maintain an office in Alberta and notify each
registered producer, licensed processor and the Council of the location of
the office of the Board;

               (vi) subject to the Act, may issue directions governing
the internal operations of the Board;

               (vii)     shall establish and implement policy for the
operation of the Board and the implementation and operation of this Plan;

               (viii)    may become a member of or contribute funds
to, or become a member of and contribute funds to, organizations having
objectives similar to or compatible with the objectives of the Board.


Regulations to operate Plan
9(1)  For the purpose 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 sugar beets to register their names and addresses with the Board;

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

     (d)  prohibiting persons from engaging in the production, marketing
or processing, as the case may be, of sugar beets 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 and licence fees, as the case may be;

     (g)  requiring any person who receives sugar beets 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, 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)  permitting the Board to exercise any one or more of the 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 sugar
beets 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 sugar
beets on any basis that 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 of sugar beets
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 sugar beets
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 sugar beets 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)  directing, controlling or prohibiting, as the case may be, the
production or marketing, or both, of sugar beets or any class, variety,
size, grade or kind of sugar beets in such manner as the Board considers
appropriate;

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

     (h)  providing

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

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

     (i)  providing for the collection from any person by legal action of
money owing to a producer for sugar beets;

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

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

     (l)  prohibiting any person from purchasing or otherwise acquiring
any sugar beets 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 sugar beets;

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

     (n)  prohibiting any person from marketing or processing any sugar
beets that have not been sold by or through the Board or a designated
agency.

(3)  Pursuant to section 28 of the Act, the following conditions and
restrictions are to be imposed by the Council with respect to regulations
made by the Board:

     (a)  in respect of a regulation made pursuant to the authority
referred to in subsection (1)(g) and (h) of this section, a regulation may
be made only with respect to service charges and licence fees;

     (b)  in respect of a regulation made pursuant to the authority
referred to in subsection (2)(n) of this section, a regulation may be made
only with respect to sugar beets marketed or processed through the Board or
a designated agency.


Auditor
10(1)  The auditor for the Board is the person so appointed at the annual
general meeting of the Board.

(2)  If the auditor's position becomes vacant after the appointment is made
at the annual general meeting, the Board shall appoint an auditor for the
Board.


Financing of Plan
11(1)  This Plan shall be financed by the charging and collection of
service charges or licence fees or both.

(2)  In accordance with the regulations,

     (a)  the amount of a service charge and the method by which it will
be assessed shall be prescribed by the Board from time to time;

     (b)  the processor shall deduct the service charge from the first
payment due to the producer from the processor and shall forward the
service charge to the Board;

     (c)  the amount of a licence fee and the method by which it will be
assessed and collected shall be prescribed by the Board from time to time.


Indemnifica-tion funds
12(1)  The Board may establish one or more funds under section 34 of the
Act.

(2)  A fund shall not be established under section 35 of the Act.

(3)  In order to finance the funds, the Board may raise amounts in
accordance with section 34 of the Act.


Authority from Governor in Council
13   In accordance with section 50 of the Act, the Board may, with respect
to the production or marketing, or both, of the regulated product, be
authorized by the Council to perform any function or duty and exercise any
power imposed or conferred on the Board by or under the Agricultural
Products Marketing Act (Canada) or the Farm Products Agencies Act (Canada),
or both of them.


     PART 2

     GOVERNANCE OF PLAN

     Division 1
     Board

Composition of Board
14   The Board shall consist of 8 registered producers as follows:

     (a)  one individual to represent each area, elected by the
registered producers who produce sugar beets in each area;

     (b)  one individual as chair, elected in accordance with this Plan.


Chair, etc.
15(1)  At the annual general meeting, the area delegates and members of the
Board shall elect

     (a)  from among the registered producers, a chair of the Board, and

     (b)  from among the members of the Board, a vice-chair of the Board.

(2)  If the person elected as chair is a member of the Board representing
an area, that person shall be relieved of all duties as a member of the
Board and the registered producers who produce sugar beets in the area
shall elect another person as a member of the Board for the purposes of
section 14(a).


Removal of chair or vice-chair
16   The Board may remove the chair or the vice-chair of the Board if in
the opinion of the Board, the individual is no longer representing the
interests of the sugar beet industry and,

     (a)  in the case of the removal of the chair, at least 5 of the 7
members of the Board, other than the chair, vote to do so, and

     (b)  in the case of the removal of the vice-chair, at least 5 of the
7 members of the Board, other than the vice-chair, vote to do so.


Meetings of the Board
17   The Board shall, at the call of the chair or 3 other members of the
Board, conduct meetings of the members of the Board.


Quorum
18   A quorum for a meeting of the members of the Board is a majority of
the members of the Board holding office at the time that the meeting is
conducted.


Term of office
19   The term of office of a person elected as a member of the Board

     (a)  commences on the conclusion of the annual general meeting at
which that person is elected, and

     (b)  expires on the conclusion of the annual general meeting held in
the year following the year in which the term commenced.


Vacancy
20(1)  If a member's position on the Board other than that of chair 
becomes vacant during that member's term of office the executive committee
of the area affected shall with the approval of Council

     (a)  conduct, within the time set by the Board, a special election
to fill the vacant position, or

     (b)  appoint, within the time set by the Board, from among
individuals who are eligible to be elected to the position, an individual
to fill the vacant position.

(2)  A person elected under subsection (1)(a) or appointed under subsection
(1)(b) shall serve as a member of the Board for the unexpired portion of
the term.

(3)  If a member's position as chair of the Board becomes vacant during the
chair's term of office, the vice-chair of the Board shall assume the
position and the responsibilities of the chair for the unexpired portion of
the term.

(4)  If a member's position as vice-chair of the Board becomes vacant
during the vice-chair's term of office, the Board shall elect from among
its members a vice-chair to serve for the unexpired portion of the term.


     Division 2
     Areas

Areas
21   For the purposes of this Plan, that portion of Alberta in which the
production of sugar beets occurs is divided into 7 areas as set out in the
Schedule.


Executive committee
22   Each area shall have an executive committee consisting of registered
producers elected by the registered producers who produce sugar beets
within the area.


By-laws
23   The executive committee for an area may, subject to this Plan, make
by-laws governing

     (a)  the election of persons as executive committee members and as
delegates;

     (b)  the meetings of the executive committee;

     (c)  the conduct of business.


Quorum
24   A quorum for a meeting of an executive committee is a majority of the
members of the executive committee holding office at the time that the
meeting is conducted.


Delegates for an area
25(1)  The registered producers who produce sugar beets within an area
shall at an annual general meeting or special general meeting for the area
elect delegates to represent those registered producers at the annual
general meeting and any special general meeting of the Board.

(2)  The number of delegates to be elected for an area shall be determined
by dividing the total number of registered producers who produce sugar
beets within the area by 8 and rounding the resulting number to the next
highest whole number.


     Division 3
     General Meetings

Area general meetings
26   The executive committee for an area

     (a)  shall hold an annual meeting of the registered producers who
produce sugar beets in the area;

     (b)  shall hold a special area meeting of the registered producers
who produce sugar beets in the area

               (i)  on the written request of not fewer than 15% of
registered producers who produce sugar beets in the area,

               (ii) on the written request of the Board, or

               (iii)     on the written request of the Council;

     (c)  shall hold a special area meeting of the registered producers
who produce sugar beets in the area when the executive committee of the
area is of the opinion that circumstances warrant the holding of a special
area meeting.


Notice re area general meeting
27(1)  The executive committee of an area shall, not less than 7 days prior
to the date of an area meeting, forward notice of the area meeting to each
registered producer who produces sugar beets in the area.

(2)  The notice given under subsection (1) shall be forwarded

     (a)  by mail sent to the last address filed with the Board by the
registered producer,

     (b)  by electronic means sent to the last electronic address or
access number filed with the Board by the registered producer, or

     (c)  by personal service.


Quorum re area general meeting
28   A quorum for an annual general meeting or a special general meeting
for an area is not less than 20% of the registered producers who produce
sugar beets within the area.


Board general meetings
29   The Board shall hold

     (a)  an annual general meeting of area delegates;

     (b)  special general meetings of area delegates on the written
request of not less than 15% of area delegates;

     (c)  special general meetings of area delegates or registered
producers when the Board is of the opinion that circumstances warrant the
holding of a special general meeting;

     (d)  special general meetings of area delegates or registered
producers on the written request of the Council.


Notice re Board general meeting
30(1)  The Board shall, not less than 7 days prior to the date of a general
meeting, notify each area delegate in writing of the general meeting.

(2)  The notice given under subsection (1) shall be forwarded

     (a)  by mail sent to the last address that the area delegate, as a
registered producer, filed with the Board,

     (b)  by electronic means sent to the last electronic address or
access number that the area delegate, as a registered producer, filed with
the Board, or

     (c)  by personal service.


Quorum re Board general meeting
31(1)  A quorum for an annual general meeting or a special general meeting
of the Board that is to be attended by the area delegates is 70% of the
total number of area delegates and members of the Board.

(2)  A quorum for a special general meeting of the Board that is to be
attended by the registered producers is 10% of the registered producers.


Business re Board annual general meeting
32   At the annual general meeting, the area delegates and members of the
Board shall

     (a)  receive, consider and discuss the annual reports of the Board
and the operation of the Board since the previous annual general meeting,

     (b)  receive, consider and discuss the annual reports of any
committees appointed by the Board,

     (c)  receive, consider and discuss the auditor's annual financial
statement and report,

     (d)  appoint an auditor for the Board for the coming year, and

     (e)  discuss and formulate the policies to be adopted or continued
by the Board in carrying out its general duties under the Plan and in
carrying out the powers and duties vested in the Board.


     Division 4
     Eligibility, Voting and Elections

Producers who are individuals
33(1)  A registered 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)  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.

(3)  Notwithstanding subsection (1), if a individual is both

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

     (b)  appointed under section 34 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 34, 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 34.

(4)  An individual who is eligible to vote may appoint any person as a
proxy to vote on the individual's behalf if the individual appointing the
proxy deposits with the returning officer before the vote is to be held the
document under which the proxy is appointed.

(5)  A person may not act as a proxy for more than one individual in
respect of the same vote.


Producers that are not individuals
34(1)  This section only applies in respect of a producer that is not an
individual.

(2)  If a producer is not an individual and

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

     (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 producer shall do so in accordance with this section.

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

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

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

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

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

(5)  For the purpose of subsection (3), 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.

(6)  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.

(7)  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 in
accordance with subsection (11) a copy of the document filed under
subsection (6).

(8)  If the requirements of subsection (6) or (7)(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.

(9)  The statutory declaration referred to in subsection (8) 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.

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

(11)  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 (6).

(12)  A producer that is not an individual shall not carry out the
functions referred to in subsection (2) except in accordance with this
section.

(13)  A representative of a registered producer who is eligible to vote may
appoint any person as a proxy to vote on the representative's behalf if the
representative appointing the proxy deposits with the returning officer
before the vote is to be held the document under which the proxy is
appointed.

(14)  A person may not act as a proxy for more than one representative in
respect of the same vote.


One vote only
35   An individual may cast only one vote on any matter put to a vote under
this Plan, notwithstanding that the individual meets one or more than one
of the following criteria:

     (a)  the individual is a registered producer;

     (b)  the individual is a representative of a registered producer;

     (c)  the individual holds a proxy for another registered producer;

     (d)  the individual or the registered producer for whom the
individual is a representative manages or operates or owns, leases or holds
equity in one or more operations that are registered separately with the
Board;

     (e)  the individual or the registered producer for whom the
individual is a representative produces sugar beets in more than one area.


Eligibility re members of the Board
36   In order to serve as a member of the Board, a person must be a
registered producer.


Eligibility re area representative
37   In order to serve as an area executive committee member, area delegate
or officer, a person must be a registered producer who produces sugar beets
in the area.


Limits on eligibility
38(1)  A person shall not serve for more than 6 consecutive years as a
member of the Board without the approval of the Council.

(2)  If a person has served as a member of the Board for 6 consecutive
years or such longer period where authorized by Council, that person is not
eligible to once again serve as a member of the Board unless at least one
year has expired from the day that the person's most recent term of office
expired.

(3)  Where a person is the chair of the Board, subsections (1) and (2) do
not apply to that person while that person is the chair of the Board.


Voting
39(1)  A person shall not vote under this Plan except in accordance with
this Plan.

(2)  A person who is eligible to vote may

     (a)  vote once on each matter, and

     (b)  in the case of an election held under this Plan, vote for any
number of candidates, not exceeding the number of members to be elected at
that election,

notwithstanding that the producer may produce sugar beets in more than one
area.

(3)  A person is eligible to vote under this Plan if that person

     (a)  meets the requirements under this Plan for voting,

     (b)  is a registered producer,

     (c)  in the case of a vote that is to take place in respect of an
area, produces sugar beets in the area, and

     (d)  is present at the meeting at which the vote is to take place.


Returning officer
40(1)  The Board shall appoint a returning officer for the purposes of and
in connection with any election or vote taken under this Plan.

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

(3)  The returning officer shall

     (a)  compile and maintain a voters list of registered producers who
are entitled to vote under this Plan,

     (b)  ensure that an individual does not cast a vote under this Plan
except in accordance with this Plan, and

     (c)  permit scrutiny by a scrutineer of all the actions taken by the
returning officer and the deputy returning officers respecting the conduct
of a vote taken under this Plan.

(4)  Unless otherwise directed by the Council, no person shall destroy any
record or ballot in respect of any vote held pursuant to this Plan until
not less than 90 days after the day on which the voting was conducted have
expired.


Void election
41(1)  If an election is held under this Plan and there is not in
attendance at the meeting at which the election is held the number of
individuals required by this Plan,

     (a)  the election is void, and

     (b)  the position in respect of which the election was held is
vacant.

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

(3)  When, under this section, a position is vacant, the Council shall
appoint an individual to fill that position from among the individuals
eligible to be elected to that position.

(4)  An individual appointed under subsection (3) shall serve the unexpired
portion of the term.


Invalid election
42   If a registered producer questions

     (a)  the eligibility of a candidate,

     (b)  the eligibility of a voter,

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

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

and seeks to have the election declared invalid and the position declared
vacant, that producer shall, within 15 days of the date of the election,
make application in writing to the Council to have the election declared
invalid and the position declared vacant.


Decision of Council
43(1)  On receiving an application under section 42, the Council shall
consider the matter and may do any or all of the following:

     (a)  declare the election to be proper and the position filled, if,
in the opinion of the Council, the matters referred to in the application
are unfounded;

     (b)  declare the election to be proper and the position filled,
notwithstanding that the matters referred to in the application are well
founded, if, in the opinion of the Council,

               (i)  those matters did not materially affect the result
of the election, and

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

     (c)  declare the election to be void and the position vacant, if, in
the opinion of the Council,

               (i)  those matters referred to in the application are
well founded, and

               (ii) those matters referred to in the application were
sufficient to or did affect the result of the election.

(2)  Notwithstanding that the election is declared void and the position
vacant under subsection (1)(c), the term of office of the position declared
vacant shall be deemed to have commenced on the date on which the election
that was declared void was held.

(3)  If the Council declares an election to be void and the position
vacant, it shall

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

     (b)  appoint, from among individuals who are eligible to be elected
to the position, an individual to fill the vacant position.

(4)  A person elected under subsection (3)(a) or appointed under subsection
(3)(b) shall serve the unexpired portion of the term.


     PART 3

     TRANSITIONAL PROVISION, REVIEW AND REPEAL

Transitional
44(1)  In this section,

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

     (b)  "previous Plan" means the Sugar Beet Marketing Plan Regulation
(AR 227/90) 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
45   In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before December 31, 2002.


Repeal
46   Alberta Regulation 227/90 is repealed.


     SCHEDULE


Coaldale Area
1   The Coaldale Area consists of all the land included within the boundary
commencing at and proceeding from the north-east corner of section 25,
Township 10, Range 20, west along the south side of the Oldman River to its
source at the Alberta-British Columbia border, south along the
Alberta-British Columbia border to the United States border, east along the
Alberta-United States border to the south-east corner of section 1,
Township 1, Range 15, north to the south-west corner of section 30,
Township 6, Range 14, west to the south-west corner of section 6, Township
7, Range 19, and north to the north-east corner of section 25, Township 10,
Range 20.

Tempest Area
2   The Tempest Area consists of all the land included within the boundary
commencing at and proceeding from the north-west corner of section 30,
Township 10, Range 19, east along the south side of the Oldman River to the
south-west corner of section 36, Township 10, Range 19, south to the
north-east corner of the south-west of section 12, Township 9, Range 19,
east along the south side of the Chin Lakes Reservoirs to the north-east
corner of section 13, Township 7, Range 15, south to the south-east corner
of section 1, Township 7, Range 15, west to the south-west corner of
section 6, Township 7, Range 20, and north to the north-west corner of
section 30, Township 10, Range 19.

Lethbridge Northern Area
3   The Lethbridge Northern Area consists of all the land included within
the boundary commencing at and proceeding from the north-east corner of
section 1, Township 11, Range 19, north to the north-east corner of section
36, Township 13, Range 19, west along the division line between Township 13
and 14 to the north-west corner of section 31, Township 13, Range 24, south
to the Oldman River, and east along the north side of the Oldman River to
the north-east corner of section 1, Township 11, Range 19.

Taber West Area
4   The Taber West Area consists of all the land included within the
boundary commencing at and proceeding from the north-west corner of the
south-west of section 31, Township 10, Range 18, east along the south side
of the Oldman River to the south-west corner of section 18, Township 10,
Range 16, east to the south-west corner of section 16, Township 10, Range
16, south to the south-west corner of section 33, Township 8, Range 16,
west along the north side of the Chin Lakes Reservoirs to the north-west
corner of section 7, Township 9, Range 18, and north to the north-west
corner of the south-west of section 31, Township 10, Range 18.

Taber East Area
5   The Taber East Area consists of all the land included within the
boundary commencing at and proceeding from the south-west corner of section
18, Township 10, Range 16, east along the south side of the Oldman/South
Saskatchewan River to the north-east corner of the south-east of section
12, Township 11, Range 13, south to the south-east corner of section 1,
Township 11, Range 13, east to the north-east corner of section 36,
Township 10, Range 13, south to the south-east corner of the north-east of
section 1, Township 7, Range 13, west along the north side of the Chin
Lakes Reservoirs to the south-west corner of section 33, Township 7, Range
16, north to the south-west corner of section 16, Township 10, Range 16,
and west to the south-west corner of section 18, Township 10, Range 16.

Burdett-Bow Island Area
6   The Burdett-Bow Island Area consists of all the land included within
the boundary commencing at and proceeding from the north-east corner of the
south-east of section 12, Township 11, Range 13, south to the south-east
corner of section 1, Township 11, Range 13, east to the north-east corner
of section 36, Township 10, Range 13, south to the south-east corner of the
north-east of section 1, Township 7, Range 13, west along the south side of
the Chin Lakes Reservoirs to the north-west corner of section 18, Township
7, Range 14, south to the Alberta-United States border, east to the
Alberta-Saskatchewan border, north along the Alberta-Saskatchewan border to
the South Saskatchewan River, and west along the south side of the South
Saskatchewan River to the north-east corner of the south-east of section
12, Township 11, Range 13.

Vauxhall Area
7  The Vauxhall Area consists of all the land north of the Oldman River and
the South Saskatchewan River, excepting the land included in the Lethbridge
Northern Area.



     Alberta Regulation 276/97

     Marketing of Agricultural Products Act

     ALBERTA CHICKEN PRODUCERS MARKETING
     AMENDMENT REGULATION

     Filed:  December 17, 1997

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


1   The Alberta Chicken Producers Regulation (AR 227/96) is amended by this
Regulation.


2   Section 10(1) is amended by striking out "$0.008" and substituting
"$0.01".


3   The following is added after section 24:

Appointment of attorney
     24.1(1)  Subject to subsections (3) and (4), a person who has loaned
money to an authorized producer may apply to the Board to register an
appointment of attorney.

     (2)  An appointment of attorney shall be in the form authorized by
the Board.

     (3)  Only one appointment of attorney may be registered in  respect
of an authorized producer.

     (4)  The Board shall not register an appointment of attorney if there
is a financial interest under section 23 registered in respect of the
production facilities and premises of that authorized producer.

     (5)  The Board shall not register an appointment of attorney  unless
it is signed by the authorized producer that is affected by it.

     (6)  An appointment of attorney is only effective from the date the
Board acknowledges in writing that it is registered.

     (7)  Where the Board has acknowledged registration of the appointment
of attorney, the Board shall not approve an application for

               (a)  the cancellation and reallocation of the authorized
quota specified in the appointment of attorney,

               (b)  the lease of the authorized quota specified in the
appointment of attorney, or

               (c)  the transfer of an ownership interest in the
authorized quota specified in the appointment of attorney,

     unless the person appointed as the attorney signs the application.


4   Section 25(3)(a) is amended by striking out "107%" and substituting
"105%".


5   Section 26(1)(b) is amended by striking out "7%" and substituting "5%".


6   Section 2 comes into force on January 1, 1998.


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

     Alberta Regulation 277/97

     Mines and Minerals Act

     MINES AND MINERALS REPEAL REGULATION

     Filed:  December 17, 1997

Made by the Minister of Energy (M.O. 32/97) pursuant to section 8(1)(i) of
the Mines and Minerals Act and section 22(2) of the Petroleum and Natural
Gas Agreements Regulation.


1   The following regulations are repealed:

     (a)  Mines and Minerals Act Forms Regulation (AR 241/87);

     (b)  Compensatory Royalty Regulation (AR 254/85).


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




     Alberta Regulation 278/97

     Marketing of Agricultural Products Act

     ALBERTA HATCHING EGG PRODUCERS
     AUTHORIZATION REGULATION

     Filed:  December 18, 1997

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


     Table of Contents

Definitions    1
Regulations made under section 26 of the Act 2
Regulations made under section 27(1) of the Act   3
Regulations made under section 27(2) of the Act   4
Regulations made under section 33(1)(e) of the Act     5
Repeal    6
Expiry    7


Definitions
1(1)  In this Regulation,

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

     (b)  "Board" means the Alberta Hatching Egg Producers referred to in
section 6 of the Plan;

     (c)  "Plan" means the Alberta Hatching Egg Plan Regulation (Alta.
Reg. 283/96);

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

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

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


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

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

     (b)  requiring any person who produces, 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 the 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 the 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.


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

     (a)  requiring 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 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
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 any agricultural product to a
producer under the 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 regulated product 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 the regulated product or any class,
variety, size, grade or kind of regulated product in such a manner that the
Board considers appropriate;

     (i)  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;

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

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

     (l)  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;

     (m)  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;

     (n)  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;

     (o)  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;

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

     (q)  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.


Regulations made under section 27(2) of the Act
4   For the purposes of enabling the Board to operate the Plan, the Board
is hereby authorized under section 27(2) of the Act, to make regulations

     (a)  governing breeder chickens in the same manner as if breeder
chickens were a regulated product under the Plan;

     (b)  governing with respect to breeder chickens the producers of the
regulated product under the Plan in the same manner as if breeder chickens
were a regulated product under the 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 breeder chickens.


Regulations made under section 33(1)(e) of the Act
5   For the purposes of enabling the Board to operate the Plan, the Board
is hereby authorized under section 33(1)(e) of the Act, to make regulations
regulating and controlling agreements entered into by producers of the
regulated product with persons engaged in marketing or processing the
regulated product.


Repeal
6   The Alberta Hatching Egg Marketing Plan Implementation Regulation (AR
256/82) is repealed.


Expiry
7   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.


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

     Alberta Regulation 279/97

     Marketing of Agricultural Products Act

     ALBERTA EGG PRODUCERS BOARD AUTHORIZATION REGULATION

     Filed:  December 18, 1997

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


     Table of Contents

Definitions    1
Regulations made under section 26 of the Act 2
Regulations made under section 27(1) of the Act   3
Regulations made under section 27(2) of the Act   4
Repeal    5
Expiry    6


Definitions
1(1)  In this Regulation,

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

     (b)  "Board" means the Alberta Egg Producers Board referred to in
section 7 of the Plan;

     (c)  "Plan" means the Alberta Egg Producers Plan Regulation (AR
258/97); 

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

(2)  Words not defined in this Regulation but that are used in this
Regulation and that are defined in the Plan have the same meaning as
defined in the Plan.


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

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

     (b)  requiring any person who produces, 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 the 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 the 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.


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

     (a)  requiring 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 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
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 the 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
disbursements 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.


Regulations made under section 27(2) of the Act
4   For the purposes of enabling the Board to operate the Plan, the Board
is hereby authorized under 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 the Plan;

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


Repeal
5   The following regulations are repealed: 

     (a)  the Regulations Relating to the Implementation of the Alberta
Egg and Fowl Marketing Plan 1967 (AR 282/71);

     (b)  the Alberta Egg Producers Board Authorization Regulation (AR
236/92). 


Expiry
6   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


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

     Alberta Regulation 280/97

     Marketing of Agricultural Products Act

     HATCHING EGGS REGULATION

     Filed:  December 19, 1997

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


     Table of Contents

Interpretation 1

     Part 1
     Licences

Licence required    2
Licensing of producers, hatcheries and pullet growers  3
Applications for licences     4
Issue, renewal or refusal of licence    5
Suspension or cancellation of licence   6
Authority of producer licence 7
Authority of hatchery licence 8
Authority of pullet grower's licence    9
Licence fees   10
Disposal of licence prohibited     11
Multiple licences   12
Effect of licence   13

     Part 2
     Quotas

Must hold quota or permit     14
Quota certificate   15
Quota allotment     16
Pullet growing 17
Application list for quota    18
Quota increases     19
Quota bank     20
Quota limit    21
Quota transfers     22
Transfer fee   23
Lease of quota 24
Research permit     25
Financial interest in production facilities  26
Enforcement of financial interest in production facilities  27
Reduction in or loss of quota 28
Reversion of quota  29

     Part 3
     Service Charges

Service charges     30
Weekly statements   31
Monthly statements  32
Records   33

     Part 4
     Production

Notice of production variation     34
Change in utilization factor  35
Cycle adjustment    36
Placement 37
Overproduction 38

     Part 5
     General

Notices   39
Information change  40
Prohibitions re sale of hatching eggs   41
Prohibition re hatchery  42
Prohibition re minimum price  43
Prohibition re licensed producer   44
Prohibition re marketing 45
Transitional   46
Repeal    47
Expiry    48


Interpretation
1(1)  In this Regulation,

     (a)  "breeder quota" means the maximum number of breeder hens that
may be placed by a producer in a one-year period;

     (b)  "facility" means the buildings and improvements in which
hatching eggs are produced and the parcel of land on which the buildings
and improvements are situated;

     (c)  "family" includes a husband, wife, common-law husband,
common-law wife, son, daughter, father, mother, brother, sister,
son-in-law, daughter-in-law, father-in-law or mother-in-law;

     (d)  "family farm" means a farm owned and operated by members of the
same family;

     (e)  "incorporated family farm" means a corporation engaged
primarily in the business of farming in which all of the shareholders are
members of the same family;

     (f)  "licensee" means a person who has been issued one or more of
the following:

               (i)  a producer licence; 

               (ii) a hatchery licence;

               (iii)     a pullet grower licence;

     (g)  "marketing authorization" means breeder quota multiplied by the
utilization factor under section 35;

     (h)  "national agency" means an agency established in relation to
hatching eggs under a Canada Act;

     (i)  "quota holder" means a person to whom breeder quota has been
allocated;

     (j)  "research permit" means a type of quota under which a person
may market regulated product that is used primarily for research purposes
in accordance with the conditions imposed under section 25;

     (k)  "research purposes" means a bona fide scientific experiment or
study; 

     (l)  "secured lender" means a person who has made a loan to a quota
holder and has taken security over that quota holder's facility by way of a
mortgage, agreement for sale or debenture;

     (m)  "total provincial allocation" means the sum of all breeder
quota allocated in Alberta as calculated from time to time;

     (n)  "transfer" means sell, give, assign or otherwise dispose of.

(2)  A reference to a hatchery includes a reference to the person who
operates the hatchery.


     PART 1

     LICENCES

Licence required
2   A person shall not engage in the production, marketing or processing of
hatching eggs unless that person is the holder of the appropriate licence
issued by the Board.


Licensing of producers, hatcheries and pullet growers
3(1)  A person may apply to the Board for one or more of the following
licences:

     (a)  a licence to operate as a producer;

     (b)  a licence to operate as a pullet grower;

     (c)  a licence to operate as a hatchery.

(2)  A licence expires on December 31 of the year for which it is issued.

(3)  The licensee must comply with any directions given from time to time
by the Board relating to the activity authorized by the licence.


Applications for licences
4(1)  In an application for a producer licence the applicant must

     (a)  set out the applicant's name, telephone number and mailing
address;

     (b)  describe the experience, familiarity and understanding of the
applicant with respect to the production of hatching eggs;

     (c)  describe the facilities of the applicant, including a
description of the buildings and improvements in which hatching eggs are to
be produced and the legal land description of the parcel of land on which
the buildings and improvements are situated;

     (d)  describe the equipment to be used by the applicant with respect
to the production of hatching eggs;

     (e)  provide sufficient evidence of the financial responsibility of
the applicant;

     (f)  describe each operation and each location if a licence is being
sought for more than one facility;

     (g)  provide evidence that the applicant

               (i)  is a Canadian citizen,

               (ii) is admitted to Canada as a permanent resident, or 

               (iii)     in the case of a corporation, has a majority of its
shares owned by Canadian citizens or persons admitted to Canada as
permanent residents;

     (h)  include any other information as the Board may require in
respect of the application.

(2)  In an application for a hatchery licence the applicant must

     (a)  set out the name, telephone number and mailing address of the
hatchery;

     (b)  provide the address of the hatchery, if it is not the mailing
address, including the legal land description of the parcel of land on
which the hatchery is situated;

     (c)  provide the name of the applicant;

     (d)  describe the experience, familiarity and understanding of the
applicant with respect to the operation of a hatchery;

     (e)  describe the buildings and improvements to be used by the
hatchery;

     (f)  describe the equipment to be used by the hatchery;

     (g)  provide sufficient evidence of the financial responsibility of
the applicant;

     (h)  provide any other information as the Board may require in
respect of the application.

(3)    In an application for a pullet grower's licence the applicant must

     (a)  set out the applicant's name, telephone number and mailing
address;

     (b)  describe the experience, familiarity and understanding of the
applicant with respect to the production of pullets;

     (c)  describe the facilities of the applicant, including a
description of the buildings and improvements in which pullets are produced
and the legal land description of the parcel of land on which the buildings
and improvements are situated;

     (d)  describe the equipment to be used by the applicant with respect
to the production of pullets;

     (e)  provide sufficient evidence of the financial responsibility of
the applicant;

     (f)  describe each operation and each location if a licence is being
sought for more than one facility;

     (g)  provide evidence that the applicant

               (i)  is a Canadian citizen,

               (ii) is admitted to Canada as a permanent resident, or

               (iii)     in the case of a corporation, has a majority of its
shares owned by Canadian citizens or persons admitted to Canada as
permanent residents;

     (h)  provide the name of the quota holders for whom pullets will be
grown;

     (i)  include any other information as the Board may require in
respect of the application.


Issue, renewal or refusal of licence
5(1)  The Board must consider each application and, unless the applicant is
refused a licence under subsection (3) or (4), the Board shall issue a
licence to the applicant.

(2)  Subject to subsections (3), (4) and (5), the Board shall annually
before January 1 renew a licence that is issued under subsection (1).

(3)  The Board may refuse to issue or renew a licence if the applicant

     (a)  lacks, in the Board's opinion, the experience, equipment or
financial responsibility to properly engage in or continue to engage in the
activity to which the application or licence relates, or

     (b)  contravenes the Act, the Plan, this Regulation or an order or
direction of the Council or the Board.

(4)  In the case of a producer's licence, the Board shall refuse to issue
or renew a licence if

     (a)  the applicant is not a breeder quota holder, an approved lessee
or a research permit holder;

     (b)  in the case of an individual, the applicant is not a Canadian
citizen, or a person admitted to Canada as a permanent resident;

     (c)  in the case of a corporation, the majority of the applicant's
shares are not owned by Canadian citizens or persons admitted to Canada as
permanent residents.

(5)  Where a licence is granted to an approved lessee, the Board shall not
renew the licence for any period beyond the term of the approved lease.


Suspension or cancellation of licence
6(1)  The Board may suspend a licence for any period it considers
appropriate or cancel a licence if the licensee

     (a)  lacks, in the Board's opinion, 

               (i)  the experience, familiarity or understanding in
respect of the activity authorized under the licence, or

               (ii) the equipment or financial responsibility to
properly engage in or continue to engage in the activity authorized under
the licence, 

          or

     (b)  contravenes the Act, the Plan, the regulations or an order or
direction of the Council or the Board.

(2)  Where a licence is suspended or cancelled under subsection (1), the
Board must notify the licensee of that suspension or cancellation.

(3)  Where a licence is suspended or cancelled, the person whose licence
was suspended or cancelled shall, on receiving a notice of the suspension
or cancellation, immediately cease engaging in the activity authorized by
the licence.

(4)  A person whose licence is suspended or cancelled may apply to the
Board for an order staying the suspension or cancellation pending the
determination of a review or an appeal, as the case may be, under Part 5 of
the Act.

(5)  In the case of a producer licence, the Board shall cancel the licence
if the producer ceases to be a quota holder, an approved lessee or research
permit holder.


Authority of producer licence
7   A producer licence is authority for the licensee, in accordance with
this Regulation and with the quota allocated to the holder by the Board, to
engage in the production and marketing of hatching eggs in and from the
facility described on the licence.


Authority of hatchery licence
8(1)  A hatchery licence is authority for the licensee to receive, set and
hatch hatching eggs in the hatchery for which the licence is granted.

(2)  Unless the Board determines otherwise by resolution, no hatchery
licensee may buy hatching eggs unless those eggs were

     (a)  produced by a licensed producer, or

     (b)  imported in accordance with the allocation granted to Alberta
under a Canada Act.

(3)  A hatchery licence is subject to the following terms:

     (a)  that the licensee sets only those hatching eggs marketed to the
licensee 

               (i)  in accordance with this Regulation, or

               (ii) in accordance with the terms of a Canada Act or any
agreement under that Act;

     (b)  that the licensee apportion any increase in eggs set between
those eggs marketed to the licensee by Alberta producers and those eggs
marketed to the licensee under a Canada Act or agreement thereunder so that
the overall proportion is changed by no more than 1.5%;

     (c)  that, in the event that a licensee increases the number of
hatching eggs that the licensee sets by more than 1.5% in a calendar year,
the licensee shall purchase the increased number of hatching eggs from
producers producing eggs under the terms of quota granted under this
Regulation if those hatching eggs are available to be marketed to the
hatchery.


Authority of pullet grower's licence
9   A pullet grower's licence is authority for the licensee to engage in
the raising of breeder pullets at an approved pullet grower's facility for
the quota holder named.


Licence fees
10   A fee is not payable for an application for, or renewal of, a producer
licence, a hatchery licence or a pullet grower's licence.


Disposal of licence prohibited
11(1)   A licence is not transferable.

(2)  If a licence is purported to be transferred, that licence is 
cancelled effective on the day that it is purported to be transferred.


Multiple licences
12(1)  Where a person carries out more than one activity for which
different licences are required under this Regulation, that person must
hold the different licences required for each of those activities.

(2)  Notwithstanding subsection (1), a licensed producer does not require a
pullet grower's licence to grow pullets for that producer's quota at the
facility to which that quota is allocated.


Effect of licence
13   A licence issued by the Board

     (a)  is a licence to engage in the activity stated in the licence;

     (b)  is not an approval or endorsement by the Board of the licence
holder;

     (c)  shall not be represented by the licence holder or any other
person as an approval or endorsement by the Board.


     PART 2

     QUOTAS

Must hold quota or permit
14(1)  A person shall not produce or market hatching eggs unless the person
has been granted

     (a)  breeder quota, or

     (b)  a research permit.

(2)    Subject to this Regulation, breeder quota is authority for the quota
holder

     (a)  to raise and maintain in the facility in respect of which the
quota is allocated the number of breeder hens specified in the quota for
the period of time for which the quota is allocated, and 

     (b)  to market the hatching eggs or broiler chicks produced by those
breeder hens.

(3)  A breeder quota holder must not place more breeder chicks than the
total number consisting of 

     (a)  the number of breeder hens maintained under the breeder quota,
and

     (b)  the number of breeder chicks that are provided free of charge
by the supplier of the breeder chicks as an allowance for mortality.


Quota certificate
15   When a breeder quota is allocated, the Board must issue a quota
certificate to the quota holder that specifies the following:

     (a)  the name of the quota holder;

     (b)  the facility in which the breeder quota may be produced;
          
     (c)  the amount of the breeder quota;
          
     (d)  the replacement cycle for the breeder quota.


Quota allotment
16(1)  Subject to subsections (2) and (3), breeder quota shall not be
allocated to a person unless that person owns and operates the facility in
which the breeder hens are to be maintained.

(2)  In the case of a family farm to which quota has been allocated, any
member of the family who has an interest in the family farm may own the
facility.

(3)  In the case of an incorporated family farm to which quota has been
allocated, any shareholder may own the facility.

(4)  The Board shall not allocate more than one breeder quota for one
facility.

(5)  Unless otherwise authorized under this Regulation,

     (a)  the breeder hens maintained under a breeder quota must only be
maintained at the facility for which quota is allocated, and 

     (b)  any hatching eggs produced from those hens must only be
produced at and marketed from that facility.


Pullet growing
17(1)  With the approval of the Board obtained in advance, the holder of a
breeder quota may, for the purpose of obtaining breeder hens for that
quota,

     (a)  raise breeder chicks and breeder pullets, or

     (b)  allow a licensed pullet grower to raise breeder chicks and
pullets,

at a facility other than the one to which breeder quota is allocated.

(2)  Where the Board grants approval under subsection (1),

     (a)  eggs produced at that other facility shall not be marketed to a
hatchery, and

     (b)  all breeder pullets produced from those eggs shall be removed
from that other  facility to the facility specified in the quota
certificate before those pullets are 154 days old.

(3)  Licensed pullet growers must provide any information as may be
required by the Board in relation to the following:

     (a)  the number of pullets raised;

     (b)  the quota holder for whom the pullets are raised;

     (c)  the age at which pullets are removed to the quota holder's
facility.

(4)  If, in the opinion of the Board, extenuating circumstances exist, the
Board may extend the time limit set out in subsection (2)(b).


Application list for quota
18(1)  The names of the applicants who made application for an allocation
of quota before April 1, 1995 must be maintained chronologically in a
register according to the date that the completed application was received
by the Board.

(2)  The name of the applicant must be removed from the register 

     (a)  on the request of the applicant;
          
     (b)  if the applicant is deceased;

     (c)  if the applicant acquires any breeder quota;

     (d)  if the applicant has been offered breeder quota and declined
the offer;

     (e)  if

               (i)  a written request to the applicant for confirmation
of the application

                         (A)  has been mailed by single registered
mail or similar means to the latest address of the applicant as shown on
the register, and

                         (B)  has been mailed during June of 1998 or
during a June that falls in a subsequent even numbered year,

               and

               (ii) the applicant has failed to reply to the request
within 90 days from the day that the request was mailed to the applicant.


Quota increases
19(1)  When the Board considers that general marketing conditions warrant,
the Board may increase the total provincial allocation permanently and the
amount of that increase shall be allocated in accordance with this section.

(2)  The Board may by resolution establish a quota allocation fee for the
purpose of an offer made under this section.

(3)  The Board shall send an offer in writing to each quota holder
specifying the following:

     (a)  the quota allocation fee established by the Board;

     (b)  the earliest date or cycle when production of the increase may
commence;

     (c)  the maximum amount of breeder quota that the quota holder is
eligible to accept;

     (d)  the dates by which a quota holder who wishes to accept the
offer must

               (i)  confirm in writing to the Board that the offer is
accepted, and

               (ii) pay the quota allocation fee to the Board.

(4)  For the purpose of subsection (3)(c),

     (a)  no amount of breeder quota shall be offered to a quota holder
if as a result that quota holder's quota would exceed the quota limit
established under section 21;

     (b)  subject to clause (a), each quota holder shall be offered a
maximum increase based on what that quota holder's pro rata share of the
total provincial allocation was before the increase in breeder quota was
offered.

(5)  The increase offered to a quota holder is effective only when the
Board has confirmed in writing to the quota holder that the quota holder
has accepted the offer and paid the quota allocation fee within the time
referred to under subsection (3)(d).

(6)  Any amount of the increase that

     (a)  is not offered to a quota holder as a result of the operation
of subsection (4)(a),

     (b)  is not accepted by a quota holder within the time referred to
under subsection (3)(d)(i), or

     (c)  in respect of which the quota allocation fee is not paid within
the time referred to under subsection (3)(d)(ii),

shall not be allocated to the quota holder to whom it was offered, but
instead shall be added to the quota bank.

(7)  A quota holder who receives an allocation of breeder quota under this
section must commence production of the increase within 72 weeks from the
date that the confirmation was sent to the producer under subsection (5).

(8)  Where any increase in breeder quota is not put into production as
required under subsection (7),

     (a)  that increase is deemed to be cancelled, and

     (b)  the amount of that increase shall be added to the quota bank.

(9)  If an allocation is cancelled under subsection (8), the Board shall
retain the quota allocation fee paid.

(10)  Where in the opinion of the Board any arrangement is designed to
allow a quota holder to obtain multiple offers of quota under this section,
the Board may limit the number of quota increases offered to that quota
holder.


Quota bank
20(1)  The quota bank shall be comprised of

     (a)  3310 breeder hens, that being the amount of breeder quota in
the quota bank on the date that this Regulation came into force, and

     (b)  any amount of breeder quota added to the quota bank under
sections 19(6) and (8) and subsection (9) of this section.

(2)  The Board may by resolution establish a quota allocation fee for the
purpose of an offer under this section.

(3)  Within 90 days from the date referred to under section 19(3)(d), the
Board shall make an offer of breeder quota from the quota bank in
accordance with this section to applicants on the list established under
section 18.

(4)  The Board may determine the number of offers to be made and the amount
of breeder quota to be included in each offer in consultation with the
licenced hatcheries.

(5)  The names of the applicants shall be taken from the list in the order
of the register and offers shall be made in writing to each applicant so
chosen specifying the following:

     (a)  the quota allocation fee established by the Board;

     (b)  the earliest date or cycle when production of the increase may
commence;

     (c)  the amount of breeder quota that the applicant is eligible to
accept;

     (d)  the dates by which a new applicant who wishes to accept the
offer must

               (i)  confirm in writing to the Board that the offer is
accepted, and

               (ii) pay the quota allocation fee to the Board.

(6)  A new applicant who wishes to accept an offer must make application
for a producer's licence under section 4 and the Board must determine
whether the applicant is eligible to receive a producer's licence under
section 5.

(7)  An offer to a new applicant is effective only when the Board has
confirmed in writing that

     (a)  the applicant accepted the offer and paid the quota allocation
fee within the time limit referred to under subsection (5)(d), and

     (b)  the new applicant is eligible to receive a producer's licence.

(8)  An applicant who receives an allocation of breeder quota under this
section must commence production of the increase within 72 weeks from the
date that the confirmation was sent to the applicant under subsection (7).

(9)  Where any breeder quota is not put into production as required under
subsection (8),

     (a)  that breeder quota is deemed to be cancelled, and

     (b)  the amount of that breeder quota shall be added to the quota
bank.

(10)  If an allocation is cancelled under subsection (9), the Board shall
retain the quota allocation fee paid.

(11)  Any offer of quota that is not accepted by an applicant shall then be
offered in accordance with subsections (5) to (7) to the next applicant on
the register, and the procedure shall be repeated until the amount of
breeder quota available for allocation from the quota bank is exhausted.

(12)  If there is breeder quota in the quota bank and no applicant remains
on the register, that quota shall be offered pro rata to breeder quota
holders in accordance with the principles set forth in section 19.


Quota limit
21(1)  The Board shall not approve

     (a)  an increase in quota,

     (b)  the transfer of a quota or the shares of a corporate quota
holder, or
          
     (c)  the lease of quota,

if it would result in a quota holder holding a breeder quota in excess of
5% of the total provincial allocation as determined from time to time.

(2)  Notwithstanding subsection (1)(b), if a breeder quota that was
allocated before the date on which this Regulation came into force exceeds
the limit set out in subsection (1) the Board may cancel and reallocate
that breeder quota under section 22 if the person to whom it is to be
reallocated does not hold any breeder quota.

(3)  For the purposes of this section, a person is deemed to hold breeder
quota if that person holds any shares in a corporation that is a breeder
quota holder except where,

     (a)  in the case of shares of a distributing corporation as defined
under the Business Corporations Act, the person owns 10% or less of the
voting shares of that corporation, or

     (b)  those shares are in a co-operative that has more than 200
members.

(4)  If a quota holder is denied an allocation of quota under subsection
(1)(a), that quota holder's marketing authorization must not be reduced
below the marketing allocation that is in effect on the day that the quota
holder is denied that authorization of quota.


Quota transfers
22(1)  Breeder quota must not be transferred except in accordance with this
section.

(2)  Where breeder quota is purported to be transferred in any manner other
than as permitted under this section that quota is cancelled effective on
the beginning of the day that the quota is purported to be transferred.

(3)  A transfer of any of the shares of a corporation that is a breeder
quota holder is deemed to be a transfer of the quota, unless

     (a)  the shares are transferred between family members in an
incorporated family farm, or

     (b)  the shares are transferred as part of a bona fide employee
benefit program under which no more than 2% of the shares of the
corporation are transferred to an employee in a year and the employee
cannot obtain more than 10% of the outstanding shares of the corporation.

(4)  A breeder quota holder who wishes to transfer breeder quota, with or
without facilities must apply in writing to the Board for the cancellation
of that quota and the reallocation of that quota to another person.

(5)  An application under subsection (4) must be made to the Board at least
30 days before the day on which the proposed transfer is to take effect.

(6)  The Board may cancel and reallocate quota if it is satisfied that

     (a)  the proposed transferee will qualify for a licence to operate
as a producer under this Regulation,

     (b)  the amount of quota proposed to be cancelled and reallocated is
an appropriate size, taking into account the requirements of the licenced
hatchery that will set the hatchery eggs produced, and

     (c)  the quota limit established under section 21 is not exceeded.

(7)  For the purposes of this section, a person is deemed to hold breeder
quota if that person holds any shares in a corporation that is a quota
holder except where,

     (a)  in the case of shares of a distributing corporation as defined
under the Business Corporations Act, the person owns 10% or less of the
voting shares of that corporation, or

     (b)  those shares are in a co-operative that has more than 200
members.


Transfer fee
23(1)  A person proposing to transfer quota must pay a fee of $100 to the
Board.

(2)  The Board may waive all or any portion of the fee prescribed under
this section if there is not any consideration involved in respect of the
transfer and the transfer is between the members of the same family.


Lease of quota
24(1)  The Board may allow a quota holder to lease breeder quota to

     (a)  a quota holder, or

     (b)  another person who is approved by the Board as a lessee of
breeder quota.

(2)  An application to lease quota must

     (a)  be made in writing to the Board by the breeder quota holder;

     (b)  be endorsed by the proposed lessee;

     (c)  include any information that the Board may require;

     (d)  include the lease application fee that is set by the Board.

(3)  If an authorization to lease is granted, the Board may make the
authorization subject to those terms and conditions the Board considers
appropriate in the circumstances.

(4)  Where an authorization to lease quota is granted,

     (a)  the lessee shall have the rights of and shall comply with the
obligations of the breeder quota holder set out in the Plan and this
Regulation, and

     (b)  the breeder quota holder shall not exercise any rights of a
breeder quota holder during the term of the lease.

(5)  The breeder quota holder and lessee of that breeder quota are jointly
and severally liable for

     (a)  all service charges assessed under this Regulation,

     (b)  all levies assessed under this Regulation, and

     (c)  any judgment obtained in respect of those service charges or
levies.

(6)  The Board shall not allow a lease of quota from a breeder quota holder
to a lessee if

     (a)  the quota holder has outstanding service charges or levies
payable to the Board,

     (b)  the proposed lessee would hold more than 5% of the total
provincial allocation either in the form of breeder quota or leased breeder
quota, or both, or

     (c)  the lease is for a term that exceeds 3 replacement cycles.

(7)  The Board may rescind its approval of a lease if either the breeder
quota holder or the lessee fail to comply with the Plan, this Regulation or
a term or condition of the approval imposed by the Board.

(8)  When an approval is rescinded or a lease terminates, the breeder quota
holder by virtue of the recession or termination takes back the breeder
quota together with any increases that may have been allocated in respect
of that quota and subject to any liabilities that may have been imposed in
respect of that quota under the Act or this Regulation.


Research permit
25(1)  The Board may grant a research permit to a person if, in the opinion
of the Board,

     (a)  the hatching eggs are to be used for research purposes,

     (b)  there will not be any significant detrimental effect on breeder
quota holders,

     (c)  there will be potential advantages to the hatching egg industry
from the proposed research, and

     (d)  results of the research will be available to the Board and all
producers.

(2)  The Board may impose conditions in respect of the research permit to
ensure compliance with subsection (1).

(3)  A research permit holder may, with the written permission of the
Board, market the hatching eggs, breeder chicks, breeder pullets, breeder
hens, breeder cockerels and broiler chicks maintained or produced under the
research permit.

(4)  The Board may impose conditions in respect of marketings allowed under
subsection (3).

(5)  The Board may revoke a research permit if the research permit holder
fails to comply with any condition imposed by the Board under subsection
(2) or (4).

(6)  A research permit holder is not eligible to receive further breeder
quota under section 19.

(7)  Notwithstanding subsection (6), if a research permit holder is also a
breeder quota holder, that quota holder is eligible to receive under
section 19 further quota increases solely in respect of that breeder quota.

(8)  A research permit may be granted for a period of not more than 69
weeks.

(9)  A person who holds or has held a research permit may apply from time
to time for a further research permit in accordance with this section.

(10)  The Board shall collect all applicable service charges and reimburse
the holder of the research permit in an amount equal to the Board's portion
of the service charge.


Financial interest in production facilities
26(1)  With the written consent of a quota holder, a secured lender may
register a financial interest with the Board in the manner and form that
the Board prescribes.

(2)  When a financial interest is registered under subsection (1), the
Board must notify the affected quota holder of the registration.

(3)  If a financial interest is registered under subsection (1), the Board
must notify the secured lender of any application to transfer breeder quota 
that is allocated to the facility to which the registration applies.

(4)  Unless the secured lender who has registered a financial interest has
given written consent to the transfer, the Board shall not approve the
transfer of  breeder quota that is allocated to the facility to which the
registration applies.

(5)  A quota holder against whom a financial interest is registered with
the Board may apply to the Board to have the financial interest
de-registered with the Board.

(6)  Where an application is made under subsection (5), the Board may
de-register the financial interest with the Board if

     (a)  the secured lender agrees in writing, or

     (b)  the Board is satisfied that the secured lender no longer has
any interest in the facility.

(7)  A financial interest shall not be de-registered with the Board unless
the secured lender 

     (a)  has been given notice of the application made under subsection
(5) at least 14 days before the day that the Board is to consider the
application, and

     (b)  has been provided with an opportunity to make submissions to
the Board.


Enforcement of financial interest in production facilities
27(1)  Where a secured lender enforces the secured lender's security and
becomes the legal or equitable owner of the facility of a quota holder of
breeder quota, the Board may do one or more of the following:

     (a)  allow the secured lender to produce and market hatching eggs
under the breeder quota allocated to the facility for a period of no longer
than 2 years, during which time the secured lender must endeavour  to
transfer the quota to another person under section 22;

     (b)  set aside the breeder quota allocated to that facility for a
period of no longer than 2 years;
          
     (c)  allocate all or any portion of the breeder quota to a person
who purchases the facility from the secured lender if the Board is
satisfied that the purchaser is or intends to become a quota holder and a
licensed producer;

     (d)  allocate all or any portion of the breeder quota to the secured
lender if the secured lender applies to become the quota holder and is
approved by the Board.

(2)  If a breeder quota has not been reallocated within the time period set
out in subsection (1)(a) or (b), the Board may

     (a)  cancel the breeder quota, or
          
     (b)  on written application by the secured lender, extend that time
period referred to in subsection 1(a) or (b).


Reduction in or loss of quota
28(1)  The Board may reduce or cancel breeder quota held by a quota holder
where the quota holder

     (a)  fails to observe, perform or carry out the provisions of the
Act, the regulations or any order of the Council or the Board, or

          (b)  has not used or has voluntarily given up all or any
portion of the breeder quota.

(2)  If breeder quota allocated under this Regulation is not put into
production within 12 months from the day that the quota is allocated, the
breeder quota is revoked at the conclusion of that 12-month period, unless
the Board otherwise directs.

(3)  Subject to section 19(7), if a quota holder fails to market hatching
eggs for a period of 12 consecutive months, the breeder quota held by that
quota holder is revoked at the conclusion of that 12-month period, unless
the Board otherwise directs.

(4)  Breeder quota is revoked upon the quota holder's producer licence
being suspended or revoked.

(5)  If, without prior approval of the Board,  there is a change in the
ownership of the shares of a corporation that holds breeder quota, the
Board may reduce or cancel the breeder quota except where,

     (a)  in the case of shares of a distributing corporation as defined
under the Business Corporations Act the person owns 10% or less of the
voting shares of that corporation, or

     (b)  those shares are in a co-operative that has more than 200
members.

(6)  The Board may revoke any quota that is not filled in a replacement
cycle, unless the Board is satisfied that extenuating circumstances prevent
the producer from filling the quota.


Reversion of quota
29(1)  Any quota that is revoked or cancelled reverts to the Board.

(2)  The Board may deal with any quota that reverts to the Board in a
manner that, in the opinion of the Board, will best protect the industry,
including, without limiting the generality of the foregoing,

     (a)  leasing the quota or any portion of it to a quota holder,
               
     (b)  sharing the quota or any portion of it pro rata among existing
quota holders, or
               
     (c)  placing the quota or any portion of it in the quota bank.


     PART 3

     SERVICE CHARGES

Service charges
30(1)  A licensed producer must pay a service charge to the Board of
$0.0051 for each hatching egg marketed by the licensed producer.

(2)  The service charge payable under subsection (1) must be deducted by
the licensed hatchery from the proceeds payable to the producer for each
egg set by the hatchery and paid to the Board within 30 days from the day
that the eggs were set.
     
(3)  Every licensed hatchery must pay to the Board a service charge of
$0.0051 for each hatching egg set by the licensed hatchery that has not
been received from a licensed producer.

(4)  The service charge paid under subsection (3) must be used for research
purposes by the Board.

(5)  The Board may collect by suit in court

     (a)  from the licensed producer, the service charge payable under
subsection (1);

     (b)  from the licensed hatchery, the service charge payable under
subsection (3);

     (c)  from the licensed hatchery, any service charges deducted by the
hatchery under subsection (1) and not forwarded to the Board;

     (d)  from the licensed hatchery, a sum in an amount equal to the
amount of the service charge required to be deducted under subsection (1) 
to the extent that the hatchery failed to make the required deduction.

(6)  A producer and hatchery are jointly and severally liable to the Board
for the amount of any service charges not deducted from the amount payable
to the producer.


Weekly statements
31(1)  Unless otherwise approved in advance by the Board, every hatchery
must prepare a statement at the end of each week showing the following:

     (a)  the name, address and registration number of each licensed
producer from whom it received hatching eggs in that week;

     (b)  the number of hatching eggs received;
          
     (c)  the number of hatching eggs set;

     (d)  the amount of the service charges deducted for the account of
the Board for each licensed producer in that week;

     (e)  the amount of service charges payable in respect of hatching
eggs set that were not received from licensed producers;

     (f)  the number of eggs set that were transferred from another
hatchery in Alberta;

     (g)  the number of eggs set that were acquired from outside Alberta;

     (h)  any other information as may be required by the Board.

(2)  The statement prepared under subsection (1) and the service charges so
collected or otherwise in the possession of the hatchery must be forwarded
to the Board in time to reach the head office of the Board not later than
Wednesday of the week next following.


Monthly statements
32  Unless otherwise approved in advance by the Board, every hatchery must
prepare a statement at the end of each month showing the following:

     (a)  the number of hatching eggs received from outside Alberta in
that month;

     (b)  the number of hatching eggs received from outside Alberta in
that month that were set by the hatchery;

     (c)  the number of hatching eggs shipped to points outside Alberta
during that month;

     (d)  the number of hatching eggs on hand at the end of the month,
not including hatching eggs in incubators.


Records
33(1)  The Board may require every person who is engaged in production or
marketing of the regulated product to furnish information relating to that
production or marketing of the regulated product.

(2)  Every person who is engaged in the production or marketing of the
regulated product must keep a complete and accurate record of all matters
relating to the production and marketing of the regulated product that
apply to that person's operation and, without limiting the generality of
the foregoing, must include the following on a flock by flock basis:

     (a)  placement records;

     (b)  invoices from hatcheries for breeder hens;

     (c)  transportation records;

     (d)  bills of lading;

     (e)  licensed hatchery receiving records;

     (f)  records of payments to producers including vouchers or
statements;

     (g)  licensed hatchery reports and records including those relating
to hatchability, chick quality and intra-provincial and inter-provincial
trade;
          
     (h)  flock production records.

(3)  All records maintained in accordance with this section must be
available to the Board or any representative of the Board during ordinary
business hours.


     PART 4

     PRODUCTION

Notice of production variation
34(1)  The Board may, by notice in writing to a licensed producer, vary
from time to time the production of that producer as warranted by a change
in the general marketing conditions and thereby require that producer to
lower or increase the number of hatching eggs that may be marketed by the
producer.

(2)  Any changes in production made by the Board pursuant to this section
may be stated in terms of one or more of the following:

     (a)  the age at which breeder hens must be marketed;

     (b)  a percentage of quota; 

     (c)  a requirement that surplus hatching eggs be disposed of by a
means other than hatching in a manner determined by the Board;

     (d)  a delay or advancement of flock placements as determined by a
formula established by the Board.

(3)  Where the Board considers it appropriate, the Board may provide for
compensation to producers for any delay or advancement of flock placements
referred to in subsection (2)(d).


Change in utilization factor
35(1)  When the Board wishes to vary the production of hatching eggs to
accommodate an anticipated change in the demand for hatching eggs, the
Board may increase or reduce the marketing allocation by changing the
allowed percentage of utilization for the breeder quota.
     
(2)  Where the Board changes the allowed percentage of utilization of a
breeder quota, 

     (a)  the Board must make the change so that the change begins with a
specified production cycle, and 

     (b)  any change made in respect of allowed percentage of utilization
continues until it is once again changed by the Board.

(3)  Where the Board establishes a marketing authorization under this
section, a licensed producer shall not produce or market hatchery eggs
except in accordance with that marketing authorization.


Cycle adjustment
36(1)  In order for the Board

     (a)  to meet, as closely as possible, the market requirements for
hatching eggs in Alberta, and

     (b)  to produce the appropriate number of hatching eggs to meet the
national allocation apportioned to Alberta by the national agency,

the Board may establish the minimum flock life.

(2)  Subject to subsections (3) and (4), a licensed hatchery that has
contracted with a producer to receive hatching eggs must continue to accept
hatching eggs from that producer until the minimum flock life of the flock
from which they are produced is reached.

(3)  A licensed hatchery may reduce the minimum flock life but may do so by
no more than 7 days.

(4)  If a hatchery directs the slaughter of a contracted flock earlier than
otherwise provided for, the hatchery must pay compensation to the licensed
producer under a formula established from time to time by the Board.

(5)  A licensed hatchery is not liable to pay compensation to a licensed
producer when flock life is reduced by the Board below the minimum flock
life if the Board orders early disposal of a flock for any of the following
reasons:

     (a)  contagious disease;

     (b)  inhumane treatment;

     (c)  the interest of the public or the industry.

(6)  A hatchery must forward to the Board the hatchery's records or copies
of records for each breeder flock shipped by the hatchery for processing
indicating the following:

     (a)  the number of birds slaughtered;

     (b)  the date of slaughter;

     (c)  the owner of the birds;

     (d)  flock placement date and flock identification, if possible.

(7)  Records or copies of those records referred to in subsection (6) that
are to be forwarded to the Board under this section must be forwarded to
the Board within 7 days from the day of the processing of the flock.


Placement
37(1)  A licensed producer must place breeder chicks in accordance with the
replacement cycle established for that producer by the Board.

(2)  A licensed producer may apply to the Board to amend that producer's
placement so that all chicks are not placed at the same time, but are
placed in intervals acceptable to the Board.

(3)  In the event the Board amends the date of placement for a producer,
the Board may also amend that producer's marketing authorization so that on
an annual basis that producer can produce and market the same number of
hatching eggs as if the cycle had not been amended.


Over-production
38(1)  If a holder of breeder quota places more breeder hens or chicks than
authorized under that person's quota, the Board may, without providing any
compensation, order that the number of hens exceeding the quota be removed.

(2)  Where a person to whom an order is made under subsection (1) does not
remove the breeder hens in accordance with the order, the Board may remove
the breeder hens.


     PART 5

     GENERAL

Notices
39(1)  When a notice is required to be given under this Regulation,

     (a)  in the case of a notice to be given by the Board, the Board
must give the notice in writing and serve it on the person to whom it is
directed

               (i)  by personal service, or 

               (ii) by double registered mail or certified mail
addressed to that person at the mailing address for that person recorded in
the records of the Board,

     and

     (b)  in the case of a notice to be given to the Board, the person
giving the notice must give the notice in writing to the Board by mailing
the notice to the head office of the Board.

(2)  Notwithstanding subsection (1), where

     (a)  a person to whom the Board is to give a notice agrees to be
provided with the notice by a means other than a means referred to in
subsection (1)(a), that person may be provided with that notice by that
other means, or

     (b)  the Board agrees to be provided with a notice by a means other
than the means referred to in subsection (1)(b), the Board may be provided
with that notice by that other means.


Information change
40   If any change occurs in the information provided to the Board by a
licensed producer, pullet grower or hatchery, that person must notify the
Board of the change forthwith after the change occurs.


Prohibitions re sale of hatching eggs
41(1)  A person shall not sell, offer for sale or deliver hatching eggs
unless that person is licensed under this Regulation.

(2)  It is a condition of the licence referred to in subsection (1) that
the licensed person shall not sell, offer for sale or deliver hatching eggs
to any person other than a licensed hatchery or to the order of a licensed
hatchery unless that person is specifically authorized to do so by the
Board.

(3)  Notwithstanding subsection (1), a licensed producer may sell or offer
for sale the hatching eggs produced by that person from that person's farm
home, roadside stand adjacent to that person's production facilities or
from a stall in a public market.


Prohibition re hatchery
42    It is a condition of a hatchery's licence that the licensed hatchery
shall not buy, accept or receive the hatching eggs from any person other
than 

     (a)  a licensed producer or a licensed hatchery, or

     (b)  under the terms of an agreement made under a Canada Act.


Prohibition re minimum price
43   It is a condition of a producer's licence and a hatchery's licence
that the licensed producer or licensed hatchery, as the case may be, shall
not sell, buy or offer to sell or buy the hatching eggs at a price that is
less than the minimum price prescribed by the Board or fixed by an
arbitrator pursuant to the Hatching Egg Producers Negotiation and
Arbitration Regulation.


Prohibition re licensed producer
44   It is a condition of a hatchery's licence that the licensed hatchery
shall not, unless specifically ordered by the Board to do so, accept or
market hatching eggs produced by any producer who does not hold a
subsisting producer's licence.


Prohibition re marketing
45   It is a condition of a producer's licence that the licensed producer
shall not, unless otherwise authorized in writing by the Board or under a
lease referred to in section 24, market hatching eggs unless those eggs are
produced in the facility in respect of which that producer's quota was
allocated.


     Transitional Provision

Transitional
46   Quota issued under the Broiler Hatching Eggs Regulation (AR 266/82) is
continued as breeder quota under this Regulation.


     Repeal

Repeal
47   The Broiler Hatching Eggs Regulation (Alta. Reg. 266/82) is repealed.


     Expiry

Expiry
48   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


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

     Alberta Regulation 281/97

     Marketing of Agricultural Products Act

     HATCHING EGG PRODUCERS NEGOTIATION AND
     ARBITRATION REGULATION

     Filed:  December 19, 1997

Made by the Alberta Agricultural Products Marketing Council pursuant to
section 33 of the Marketing of Agricultural Products Act.


     Table of Contents

Definitions    1

     Part 1
     Negotiations

Broiler Hatching Eggs Negotiation Agency     2
Time period for appointing members 3
Powers of agency    4
Notice    5
Meeting   6
Agreement 7
Provisions deemed to be included   8

     Part 2
     Arbitration

Matters referred to arbitration    9
Appointment of arbitration board   10
Administrative services  11
To act with reasonable dispatch    12
Direction from arbitration board   13
Whether matters can be considered  14
Direction to parties     15
Application to arbitration board   16
Production of documents, etc. 17
Service   18
Change of address for service 19
Notification of hearing  20
Hearing to be held  21
Who may attend 22
Representative of party  23
Adjournments   24
Examination under oath   25
Affidavits     26
Conduct of hearing  27
Failure to attend   28
Inspection     29
Arbitration board's own knowledge  30
Settlement of some items 31
Determination to be in writing     32
Settlement of dispute    33
Determination is final   34
Costs     35
Termination, etc. of proceedings   36
Late settlement     37
Removal of member   38
Arbitration Act to apply 39
Expiry    40


Definitions
1(1)  In this Regulation,

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

     (b)  "arbitration board" means the arbitration board appointed by
the Council under Part 2;

     (c)  "Association" means the Alberta Poultry Hatchery Association;

     (d)  "Board" means the Alberta Hatching Egg Producers referred to in
section 6 of the Plan;

     (e)  "negotiating agency" means the Broiler Hatching Eggs
Negotiating Agency established under Part 1;

     (f)  "party" means the Board or the Association, as the case may be;

     (g)  "Plan" means the Alberta Hatching Egg Plan Regulation (AR
283/96);

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

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

(2)  Except where otherwise provided in this Regulation, words not defined
in this Regulation but defined in the Plan have the same meaning when used
in this Regulation.


     PART 1

     NEGOTIATIONS

Broiler Hatching Eggs Negotiating Agency
2(1)  The Broiler Hatching Eggs Negotiating Agency established under the
Alberta Hatching Egg Marketing Plan Implementation Regulation (AR 256/82)
is continued.  

(2)  The negotiating agency shall be composed of at least 4 members as
follows:

     (a)  2 persons appointed by the Board;

     (b)  2 persons appointed by the Association.

(3)  The members of the negotiating agency appointed under subsection (2)
may by unanimous consent appoint a 5th person as member and chair of the
agency.

(4)  A quorum of the negotiating agency is the 4 members appointed under
subsection (2).


Time period for appointing members
3(1)  Within 60 days of the coming into force of this Regulation, or a
further period that may be prescribed by the Council, the Board and the
Association shall each appoint 2 members to the negotiating agency and
notify the Council of the appointment and also notify the Board or the
Association, as the case may be.

(2)  An appointment under subsection (1) lasts until that member's
appointment is terminated by the Association or Board that appointed that
member.


Powers of agency
4   The members of the negotiating agency have the power to conclude an
agreement on the following:

     (a)  a minimum price for the regulated product or for any class,
variety, grade or size of the regulated product;

     (b)  terms, conditions and forms of agreement relating to the
producing or marketing of the regulated product;

     (c)  any charges, costs or expenses relating to the production of
the regulated product.


Notice
5(1)  Subject to the terms of any agreement between the Board and the
Association, either party may give notice in writing to the other

     (a)  stating that it wishes to commence negotiations, and

     (b)  setting out the matters it wishes to negotiate.

(2)  On receipt of a notice under subsection (1), the party receiving the
notice shall by notice in writing to the other state

     (a)  whether or not the items proposed for negotiation are
acceptable to it, and

     (b)  any other matters that it wishes to negotiate.


Meeting
6(1)  Following an exchange of notices described in section 5, the
negotiating agency shall meet and endeavour to effect an agreement.

(2)  The matters in respect of which the negotiating agency has
jurisdiction to adopt or settle by agreement are 

     (a)  those items agreed on by the parties as negotiable items under
section 5, and

     (b)  any other items both parties subsequently agree on as being
negotiable items.

(3)  Nothing in this section permits the negotiating agency authority to
adopt or settle by agreement a matter not described in section 4.


Agreement
7(1)  An agreement concluded by the negotiating agency shall be in writing
and signed by each of the members of the agency, and by the chair, if any.

(2)  Every agreement concluded by the negotiating agency shall contain a
method for the settlement of differences arising

     (a)  as to the interpretation, application or operation of the
agreement,

     (b)  with respect to a contravention or alleged contravention of the
agreement, and

     (c)  as to whether a difference described in clause (a) or (b) can
be the subject of arbitration

between the parties to or persons bound by, the agreement.

(3)  An agreement concluded by the negotiating agency is binding 
on

     (a)  the Board and the Association,

     (b)  every registered producer, and

     (c)  every hatchery that purchases the regulated product.


Provisions deemed to be included
8   If an agreement concluded by the negotiating agency does not contain
the provisions required under section 7(2), the agreement is deemed to
contain the following provisions:

     (a)  if a difference arises as to the interpretation, application,
operation or contravention of this agreement or as to whether that
difference can be the subject of arbitration, the parties agree to meet and
endeavour to resolve the difference;

     (b)  if the parties are unable to resolve a difference described in
clause (a), either party may notify the other in writing of its desire to
submit the difference to arbitration;

     (c)  the notice referred to in clause (b) shall

               (i)  contain a statement of the difference, and

               (ii) specify the name of a person, or a list of names of
persons from which the party will choose a person, that the party is
willing to accept as the single arbitrator;

     (d)  on receipt of a notice referred to in clause (b), the party
receiving the notice,

               (i)  if it accepts the person or one of the persons
suggested to act as a single arbitrator, shall within 7 days, so notify the
other party and the difference referred to in clause (a) shall be submitted
to the arbitrator, or

               (ii) if it does not accept any of the persons suggested
to act as a single arbitrator, shall within 7 days, so notify the other
party and send the name of a person, or a list of names of persons from
which there is a person, that it is willing to accept as the single
arbitrator;

     (e)  if the parties are unable to agree on a person to act as a
single arbitrator, either party may request the Council in writing to
appoint a single arbitrator;

     (f)  the single arbitrator agreed to, or appointed under clause (e),
may during the arbitration hold hearings in the absence of any party or
person who, after notice, fails to attend or fails to obtain an
adjournment;

     (g)  the single arbitrator shall inquire into the difference
described in clause (a) and make a determination in writing;

     (h)  the determination under clause (g) is final and binding on the
parties and on every person affected by it;

     (i)  the parties agree to share equally the expenses of the single
arbitrator;

     (j)  the single arbitrator may not alter or amend the agreement.


     PART 2

     ARBITRATION

Matters referred to arbitration
9(1)  If the members of the negotiating agency unanimously agree to refer
the unconcluded agreement or specific items in dispute to arbitration, the
negotiating agency shall notify the Council and then those matters shall be
referred to an arbitration board in accordance with this Part.

(2)  If the members of the negotiating agency do not unanimously agree
under subsection (1), either the Board or the Association may notify the
other in writing of its desire to submit the unconcluded agreement, or
specific items in dispute, to arbitration and, on so notifying, shall
notify the Council.

(3)  The notice referred to in subsection (2) shall contain a statement of
the matters proposed for arbitration.


Appointment of arbitration board
10(1)  A copy of the notice referred to in section 9(2) sent to the Council
shall include a request for the appointment of a one- or 3-person
arbitration board and, if a 3-person arbitration board is proposed, the
name of its nominee to the arbitration board.

(2)  On receipt of a notice under section 9(2), the party receiving the
notice shall

     (a)  notify the other, either that it accepts the matters proposed
for arbitration or what matters it proposes, and

     (b)  notify the Council that it accepts a one-person arbitration
board or, if a 3-person board is proposed, the name of its nominee to the
arbitration board.

(3)  On receipt of a notice described in subsections (1) and (2), the
Council shall appoint persons to an arbitration board as follows:

     (a)  one person, if both parties agree to a one-person arbitration
board;

     (b)  3 persons, one nominated by each of the parties and the chair
appointed by the Council, if either of the parties wishes to have a
3-person arbitration board.

(4)  On appointing an arbitration board, the Council shall forward to the
arbitration board

     (a)  copies of the notices received by it from the parties, and

     (b)  a copy of this Regulation.

(5)  When an arbitration board is appointed, each party shall send to the
other party and the arbitration board its address for service.


Administrative services
11   In any arbitration under this Regulation, the arbitration board may
make use of the available administrative services of the Council.


To act with reasonable dispatch
12   An arbitration board shall use all reasonable dispatch in conducting
hearings and making a determination on the unconcluded agreement or the
specific items in dispute, as the case may be.


Direction from arbitration board
13(1)  Any direction from the arbitration board to the parties shall be in
writing or if given orally shall be confirmed in writing by the arbitration
board within 7 days from the day of the direction's being given orally.

(2)  The written direction shall be served in accordance with section 18.


Whether matters can be considered
14(1)  The arbitration board shall consider whether the matters proposed
for arbitration are matters that could be the subject of an agreement under
section 4.

(2)  If, after hearing any representation from the parties, the arbitration
board concludes that any matters proposed for arbitration cannot be the
subject of an agreement under section 4, the board shall not deal with
those matters.


Direction to parties
15   The arbitration board shall, with or without preliminary hearings,
direct the parties as to how the arbitration is to be conducted.


Application to arbitration board
16(1)  A party may apply in writing to the arbitration board on any subject
relating to matters referred to in section 9(2).

(2)  A party, on receipt of a copy of an application described in
subsection (1), may within 7 days make an objection in writing to the
arbitration board.

(3)  On receipt of an application or objection, the arbitration board may,
with or without holding an oral hearing, give directions that it considers
appropriate.


Production of documents, etc.
17   The arbitration board may direct the parties to produce to it and to
each other documents, correspondence, books and records in their possession
or power that, in the opinion of the arbitration board, are relevant to the
dispute.


Service
18(1)  A notice, application, direction or communication in an arbitration
under this Regulation is deemed to have been properly served if it is sent
by post or electronic means or delivered by hand to the address given by
the party as that party's address for service.

(2)  Notwithstanding subsection (1), if any party to whom a notice,
application, direction or communication must be sent for the purpose of
this Regulation cannot be found or if for any reason service cannot be
readily effected in accordance with this Regulation, the arbitration board
may dispense with service or may grant an order of substitutional service
by a method that the arbitration board considers appropriate.

(3)  A party who sends a written notice, application, objection or
communication to the arbitration board shall forthwith serve a copy of it
on the other party and notify the arbitration board that the copy has been
served.


Change of address for service
19   A party that changes its address for service shall give notice in
writing to the arbitration board and the other party of the new address.


Notification of hearing
20   If the arbitration board orders that a hearing be held, it shall
notify the parties in writing of the date, time and place of the hearing.


Hearing to be held
21   Subject to any adjournments that the arbitration board considers
reasonable, the hearing shall be held daily until concluded.


Who may attend
22   The only persons who may be present at the hearing are the arbitration
board, the recording secretary, the parties, their representatives, the
witnesses and the officers of the Council, unless the arbitration board,
after consulting with the parties, orders otherwise.


Representa-tive of party
23(1)  Unless otherwise agreed to by the parties and approved of by the
arbitration board, any party may be represented at any stage of the
proceedings by a representative, including legal counsel, if notice of the
intended representation is given in writing to the arbitration board and to
the other party in sufficient time for each to be able to arrange to be
similarly represented.

(2)  If a party is represented in accordance with subsection (1), the party
shall instruct its representative, and thereafter the party itself may only
participate in the proceedings as a witness.

(3)  The appearance of a person as a representative does not prevent that
person's appearing as a witness in the same proceeding.


Adjournments
24   The arbitration board may adjourn the hearing as it considers
appropriate

     (a)  if a party has a representative and notice in accordance with
section 23(1) has not been given to the other party, or

     (b)  for any other reason it considers sufficient.


Examination under oath
25   Unless otherwise agreed to by the parties, the arbitration board shall
require witnesses to be examined on oath or affirmation.


Affidavits
26   The arbitration board may direct the terms and conditions under which
evidence may be given by affidavit.


Conduct of hearing
27(1)  The arbitration board at a hearing shall, in the presence of both
parties, consider documentary evidence and hear oral evidence and arguments
that a party or its representative submits.

(2)  Notwithstanding subsection (1) and subject to section 29, if the
arbitration board considers it appropriate and on the agreement of the
parties, the arbitration board may dispense with a hearing and consider
written submissions of the parties and inspect the documents,
correspondence, books and records referred to in section 17, as it
considers necessary.


Failure to attend
28(1)  If any party or its representative fails to attend a hearing of
which notice was served by the arbitration board, the arbitration board
may, on conditions that it considers appropriate including proceeding ex
parte, adjourn the hearing for not less than 14 clear days.

(2)  Notwithstanding section 18(1), written notice of the date for the
adjourned hearing and of the arbitration board's intention to proceed ex
parte if necessary shall be served by single registered mail on both
parties by the arbitration board within 2 days of the adjournment.


Inspection
29   The parties are entitled to be present at any inspection conducted by
the arbitration board under section 27(2).


Arbitration board's own knowledge
30   The arbitration board is entitled to use its own technical knowledge,
skills and general knowledge in reaching conclusions from its inspections,
considerations and evaluation of the evidence.


Settlement of some items
31(1)  If the parties settle on any item referred to in section 12, they
shall notify the arbitration board of the settlement and, if the
arbitration board approves, it shall incorporate the settlement into its
determination.

(2)  If the parties' settlement does not resolve all the items in dispute,
the outstanding items shall be determined by the arbitration board.


Determination to be in writing
32(1)  The arbitration board shall make its determination in writing as
soon as practicable and shall notify the parties of it.

(2)  The arbitration board may direct that a written determination be
prepared and that both parties sign it, unless the parties have already
settled all the items in dispute.


Settlement of dispute
33   If before the publication of the arbitration board's determination the
parties settle the dispute, they shall immediately notify the arbitration
board in writing.


Determination is final
34   Subject to the Act, a determination of the arbitration board is final
and binding on

     (a)  the Board and the Association,

     (b)  every registered producer, and

     (c)  every hatchery that purchases the regulated product.


Costs
35(1)  The costs of the parties and costs of the arbitration and
determination, including the fees and expenses of the arbitration board,
are at the discretion of the arbitration board.

(2)  The arbitration board may direct by and to whom and in what manner the
costs under subsection (1) or any part of them shall be paid.

(3)  The liability of the parties for costs directed under subsection (2)
shall be joint and several.


Termination, etc. of proceedings
36   If the arbitration proceedings are terminated or abandoned by
agreement of the parties before a determination is made and a settlement of
the matters in dispute has not been reached, the fees and expenses of the
arbitration board shall be paid by the parties in the proportion to which
they agree, or in the absence of an agreement, as the arbitration board
directs.


Late settlement
37   If the parties settle the items in dispute after the arbitration board
has convened a hearing, then the arbitration board may include as costs its
fees, including a fee for the time allocated by it for the hearing, and it
may make a direction in the same manner as a direction under section 35(2).


Removal of member
38(1)  The Council may, on the application of any party and after hearing
any representations by both parties, remove a member of an arbitration
board who fails to use all reasonable dispatch in entering into or
proceeding with the arbitration and in making a determination.

(2)  If a party applies to the Council for the removal of a member of the
arbitration board or the chair of the arbitration board on the grounds that

     (a)  the person is not or may not be impartial, or

     (b)  the person is not capable of acting as a member of the
arbitration board,

the Council on consideration of representations, if any, made by the
parties or by the person concerned may revoke the appointment.

(3)  If the person removed under subsection (1) or (2)

     (a)  was nominated under section 10(3), the party nominating that
person may nominate another person in that person's place, but if it fails
to do so the Council shall do so, or

     (b)  was the chair or was appointed under section 10(3), the Council
shall appoint a person to that office forthwith.

(4)  A member of an arbitration board who is removed by the Council under
this section is not entitled to receive any remuneration in respect of that
member's services unless otherwise ordered by the Council.


Arbitration Act to apply
39   Except where inconsistent with the Act or this Regulation, the
Arbitration Act applies to an arbitration under this Regulation.


Expiry
40   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


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

     Alberta Regulation 282/97

     Marketing of Agricultural Products Act

     ALBERTA VEGETABLE GROWERS (PROCESSING)
     BOARD AUTHORIZATION REGULATION

     Filed:  December 19, 1997

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


     Table of Contents

Definitions    1
Regulations made under section 26 of the Act 2
Regulations made under section 27(1) of the Act   3
Approval re service charges   4
Repeal    5
Expiry    6
Coming into force   7


Definitions
1   In this Regulation,

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

     (b)  "Board" means the Alberta Vegetable Growers (Processing) Board;

     (c)  "Plan" means the Alberta Vegetable Growers (Processing) Plan
Regulation;

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

     (e)  "registered producer" means a registered producer under the
Alberta Vegetable Growers (Processing) Production and Marketing Regulation;

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


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

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

     (b)  requiring any person who produces, 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 the 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 the 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.


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

     (a)  establishing

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

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

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

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

     (c)  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;

     (d)  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;

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

     (f)  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 must be made;

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


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

Approval re service charges
4   Notwithstanding section 2, a regulation made by the Board under section
26(f) of the Act shall not be submitted to the Registrar of Regulations for
filing unless the amount of service charges fixed or imposed by the
regulation has been approved by

     (a)  a vote of the registered producers at a general meeting, or

     (b)  the Council.


Repeal
5   The Alberta Vegetable Growers' Marketing Board Authorization Regulation
(AR 176/93) is repealed.


Expiry
6   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


Coming into force
7   This Regulation comes into force on December 31, 1997.


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

     Alberta Regulation 283/97

     Marketing of Agricultural Products Act

     ALBERTA VEGETABLE GROWERS (PROCESSING) PRODUCTION
     AND MARKETING REGULATION

     Filed:  December 19, 1997

Made by the Alberta Vegetable Growers (Processing) pursuant to sections 26
and 27 of the Marketing of Agricultural Products Act.


     Table of Contents

Interpretation 1
Application    2

     Part 1
     Registration and Licensing of Producers

Application for registration  3
Cancellation of registration  4
List of registered producers  5
Producer's licence  6
Expiry of licence   7
List of licensed producers    8
Authority of producer's licence    9
Prohibition re production and marketing 10
Disposal of licence prohibited     11
Cancellation, suspension and refusal    12
Reinstatement  13

     Part 2
     Processors' Licences

Application for licence  14
Granting of licence 15
Authority of licence     16
Disposal of licence prohibited     17
Cancellation, suspension and refusal    18
Reinstatement  19
Dual licensing 20

     Part 3
     Service Charges, Levies and Records

Service charges and levies    21
Collection of service charges and levies     22
Records, statements, etc.     23

     Part 4
     General

Orders and directions    24
Expenses of Board   25
Prohibitions   26
Notices   27
Notice of change    28

     Part 5
     Transitional, Repeal, Expiry and Coming into Force

Transitional   29
Repeal    30
Expiry    31
Coming into force   32


Interpretation
1(1)  In this Regulation,

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

     (b)  "Board" means the Alberta Vegetable Growers (Processing) Board;

     (c)  "Plan" means the Alberta Vegetable Growers (Processing) Plan
Regulation.

(2)  Words defined in the Alberta Vegetable Growers (Processing) Plan
Regulation have the same meaning when used in this Regulation.


Application
2(1)  This Regulation applies

     (a)  to all persons who grow, produce, market or process the
regulated product in a district, and

     (b)  to all classes, varieties, sizes, grades and kinds of the
regulated product.

(2)  The Board may exempt persons from registering and obtaining a
producer's or processor's licence as required by this Regulation.

(3)  The Board may exempt sales of the regulated product from being subject
to a service charge payable under this Regulation.


     PART 1

     REGISTRATION AND LICENSING OF PRODUCERS

Application for registration
3(1)  Every person who wishes to become registered with the Board as a
producer must apply to the Board for registration by providing to the
Board, on a form prescribed by it, the following information:

     (a)  the name, telephone number and mailing address of the
applicant; 

     (b)  the legal description of the land on which the applicant
intends to grow the regulated product; 

     (c)  a description of the experience of the applicant in producing
the regulated product; 

     (d)  a description of the equipment to be used in the production of
the regulated product; 

     (e)  proof satisfactory to the Board that, 

               (i)  in the case of an applicant who is an individual,
the applicant is a Canadian citizen or lawfully admitted to Canada for
permanent residence,

               (ii) in the case of an applicant that is a partnership
or a corporation, 

                         (A)  at least 50% of the partners in the
partnership or at least 50% of the members or shareholders of the
corporation are persons who are Canadian citizens or lawfully admitted to
Canada for permanent residence, and 

                         (B)  at least 50% of the beneficial
ownership of the partnership or corporation is held by persons who are
Canadian citizens or lawfully admitted to Canada for permanent residence, 

               or

               (iii)     in the case of an applicant that is 

                         (A)  an unincorporated organization other
than a partnership, or

                         (B)  a group of individuals who are carrying
on an activity for a common purpose and are neither a partnership nor an
unincorporated organization referred to in paragraph (A), 

                    at least 50% of the members of the unincorporated
organization or of the group of individuals are persons who are Canadian
citizens or lawfully admitted to Canada for permanent residence;

     (f)  any other relevant information that the Board may require to
make a decision on the application.  

(2)  The Board must consider every application for registration that it
receives.

(3)  If the Board is not satisfied that an applicant should be registered
as a producer, it must promptly notify the applicant in writing of that
decision.


Cancellation of registration
4   The Board may cancel a producer's registration if

     (a)  the producer ceases to produce and market the regulated product
through a processor for a period of 18 consecutive months, or

     (b)  the producer's licence is cancelled.


List of registered producers
5   The Board must establish and maintain at its head office a list of
registered producers and must assign a registration number to each
registered producer.  


Producer's licence
6(1)  A registered producer may apply to the Board for a producer's licence
in a form prescribed by the Board.

(2)  The Board may issue a producer's licence to a registered producer if
the Board is satisfied that the producer 

     (a)  meets the requirements of section 3(1)(e),

     (b)  is sufficiently experienced and has the equipment necessary to
market regulated product that is of good quality, and 

     (c)  is the registered owner of, or has an interest in, land that is
suitable for the production of the regulated product.  

(3)  A registered producer must hold a separate producer's licence for each
contract held with a processor.  

(4)  A producer's licence must be in the form prescribed by the Board.


Expiry of licence
7   A producer's licence expires on March 31 following its issue.


List of licensed producers
8   The Board must establish and maintain at its head office a list of
licensed producers and must assign a licence number to each licence held by
the producer.  


Authority of producer's licence
9   A producer's licence is authority for the person to whom the licence is
issued to engage in the production and marketing of the regulated product
in Alberta on the land described in the licence.


Prohibition re production and marketing
10   No person other than a registered producer who holds a producer's
licence shall produce or market the regulated product in Alberta through a
processor.


Disposal of licence prohibited
11(1)  No person shall sell, transfer, assign or otherwise dispose of a
producer's licence.  

(2)  If a producer's licence is sold, transferred, assigned or otherwise
disposed of, it is void.  


Cancellation, suspension and refusal
12(1)  The Board may refuse to grant a producer's licence if 

     (a)  it is of the opinion that the applicant does not meet the
requirements of section 6(2), 

     (b)  it is of the opinion that the applicant has contravened the
Act, the Plan, the regulations under the Act or an order or direction of
the Council or the Board, or 

     (c)  for any other reason it is satisfied that a licence should not
be granted.  

(2)  The Board may cancel or suspend a producer's licence if 

     (a)  the producer's registration has been cancelled,

     (b)  the licensee's equipment is inadequate or is not maintained in
satisfactory condition, 

     (c)  the licensee is producing regulated product of poor quality and
the poor quality is not due to circumstances beyond the licensee's control, 

     (d)  the licensee has transferred, sold, leased, assigned or
otherwise disposed of the land or interest in the land in respect of which
the licence was granted,

     (e)  in the case of a licence issued to a partnership or a
corporation, there is a change in the beneficial ownership of the
partnership or the shares in the corporation without the prior approval of
the Board, 

     (f)  in the case of a licence issued to an unincorporated
organization, other than a partnership, or to a group of individuals who
are carrying on an activity for a common purpose and are neither a
partnership nor an incorporated organization, there is a change in the
membership of the unincorporated organization or group of individuals
without the prior approval of the Board, or

     (g)  the licensee has contravened the Act, the Plan, the regulations
under the Act or an order or direction of the Council or the Board.  

(3)  The Board must promptly notify in writing a person whose application
for a producer's licence has been refused or whose licence has been
cancelled or suspended.

(4)  A person who receives a notice of cancellation or suspension under
this section must, on receipt of the notice, forthwith cease producing and
marketing the regulated product.  


Reinstatement
13   The Board may remove the suspension of a producer's licence if it
considers it appropriate to do so.


     PART 2

     PROCESSORS' LICENCES 

Application for licence
14   Every person who wishes to process the regulated product must apply to
the Board for a processor's licence by providing to the Board, on a form
prescribed by it, the following information:  

     (a)  the name, telephone number and mailing address of the
processor; 

     (b)  the address of the processor, if it is not the mailing address;

     (c)  any other information the Board may require to make a decision
on the application.  


Granting of licence
15(1)  The Board may issue a processor's licence to an applicant if it is
satisfied that it is appropriate to do so.  

(2)  A processor's licence must be in the form prescribed by the Board.


Authority of licence
16   A processor's licence is authority for the processor to receive and
process the regulated product in accordance with this Regulation. 


Disposal of licence prohibited
17(1)  No person shall sell, transfer, assign or otherwise dispose of a
processor's licence.  

(2)  If a processor's licence is sold, transferred, assigned or otherwise
disposed of, it is void.  


Cancellation, suspension and refusal
18(1)  The Board may refuse to grant a processor's licence or cancel or
suspend a processor's licence if it is of the opinion that the applicant or
licensee has contravened the Act, the Plan, the regulations under the Act
or an order or direction of the Council or the Board.  

(2)  The Board must promptly notify in writing a person whose application
for a processor's licence has been refused or whose licence has been
cancelled or suspended.

(3)  A person  who receives a notice of cancellation or suspension under
this section must, on receipt of the notice, forthwith cease receiving the
regulated product.  


Reinstatement
19   The Board may remove the suspension of a processor's licence if it
considers it appropriate to do so.


Dual licensing
20   If a person operates in the capacity of a processor and in the
capacity of a producer, this Regulation applies to that person in each
capacity and that person must hold both a processor's licence and a
producer's licence.  


     PART 3

     SERVICE CHARGES, LEVIES AND RECORDS

Service charges and levies
21(1)  Every registered producer must pay to the Board a service charge at
the rate of 1% of the total sale price of the regulated product delivered
to a processor.

(2)  A processor must deduct the service charges payable by a registered
producer from the sum of money due to the person from whom the regulated
product was received and must forward the service charges to the Board not
later than December 31 each year.


Collection of service charges and levies
22   The Board may collect by legal action, 

     (a)  from a registered producer, all service charges payable by the
registered producer under this Regulation and not actually paid, and

     (b)  from any other person, all money owing to a registered producer
for the regulated product.  


Records, statements, etc.
23(1)  A person engaged in producing or marketing the regulated product
must keep a complete and accurate record of all matters relating to the
production and marketing of the regulated product that apply to the
person's operation.

(2)  The Board may by written notice require a person engaged in producing
or marketing the regulated product to furnish information relating to its
production or marketing that is specified in the notice, and a person to
whom such a notice is given must comply with it.

(3)  A person who produces or markets the regulated product must, at the
request of the Board, deliver to the Board an itemized statement showing
the gross amount of money received by the person from the sale of the
regulated product grown or marketed by the person over the period of time
stipulated by the Board.

(4)  A processor must, on or before December 1 in every year, deliver to
the Board a statement containing the following information:

     (a)  the name and address of every producer who has sold or
delivered or has contracted or agreed to sell or deliver in that year any
of the regulated product to the processor;

     (b)  the number of acres of land used by the producers referred to
in clause (a) for the production of the regulated product, shown separately
for each producer;

     (c)  the total sale price, before deductions, paid or to be paid by
the processor to the producers referred to in clause (a), shown separately
for each producer.

(5)  A processor must, on or before July 1 of every year, deliver to the
Board a statement showing the producers with whom the processor has
contracted for that year, including the address of each producer and the
legal description and acreage of the land on which each crop covered by a
contract is to be grown.

(6)  A processor must, within 30 days after receiving a request from the
Board, deliver to the Board a statement showing, with respect to each
producer and crop specified in the request, the total acreage and tonnage
figures with respect to each crop produced by that producer and received by
the processor.


     PART 4

     GENERAL

Orders and directions
24(1)  The Board may issue any orders and directions it considers necessary 

     (a)  respecting the time at which the regulated product is to be
delivered to the processor, and

     (b)  to carry out and enforce this Regulation and to carry out the
purposes of the Plan generally.

(2)  A person to whom an order or direction is made under this section must
comply with it.


Expenses of Board
25   The Board may use service charges, licence fees, levies and  money
arising from investments of, and any other income earned by, the Board for
the purpose of paying Board expenses and administering the Plan and the
regulations made by the Board.


Prohibitions
26(1)  No processor may buy the regulated product produced by any person
other than a licensed registered producer and no person may transport any
of the regulated product produced by any person other than a licensed
registered producer, unless the Board has authorized the processor or the
person transporting the regulated product to do so.

(2)  A processor may not enter into a contract for the purchase of the
regulated product with anyone other than a licensed registered producer.


Notices
27   When a notice is required to be given under this Regulation

     (a)  by the Board, it is sufficiently given if it is served
personally on the person to whom it is directed, or is sent by mail
addressed to the person at the mailing address on record with the Board, or

     (b)  to the Board, it is sufficiently given if it is served
personally at or sent by mail to the head office of the Board.


Notice of change
28   If any change occurs in the information provided to the Board by a
registered producer or processor, that person must forthwith notify the
Board of the change.


     PART 5

     TRANSITIONAL, REPEAL, EXPIRY AND
     COMING INTO FORCE

Transitional
29   On the coming into force of this Regulation,

     (a)  a producer who is licensed and registered under the Alberta
Vegetable Growers Production and Marketing Regulation (AR 5/94) is
considered to be licensed and registered under this Regulation;

     (b)  a processor who is licensed under the Alberta Vegetable Growers
Production and Marketing Regulation (AR 5/94) is considered to be licensed
under this Regulation.


Repeal
30   The Alberta Vegetable Growers Production and Marketing Regulation (AR
5/94) is repealed.


Expiry
31   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


Coming into force
32   This Regulation comes into force on December 31, 1997.


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

     Alberta Regulation 284/97

     Marketing of Agricultural Products Act

     VEGETABLE NEGOTIATING AGENCY AMENDMENT REGULATION

     Filed:  December 19, 1997

Made by the Alberta Agricultural Products Marketing Council pursuant to
section 33 of the Marketing of Agricultural Products Act.


1   The Vegetable Negotiating Agency Regulation (AR 63/94) is amended by
this Regulation.


2   Section 1(1) is amended

     (a)  in clause (d) by striking out "Growers' Marketing" and
substituting "Growers (Processing)";

     (b)  in clause (f) by striking out "Growers' Marketing" and
substituting "Growers (Processing)";

     (c)  in clause (h) by striking out "Plan" and substituting "Alberta
Vegetable Growers (Processing) Plan Regulation".


3   Section 4 is amended

     (a)  in subsection (1) by striking out "shall be" and substituting
"is";

     (b)  by adding the following after subsection (6):

          (7)  When the Board considers it appropriate, the individuals
appointed under subsection (1)(a) may be excluded from a meeting of the
Agency at which the Agency is to consider and, if possible, conclude
matters with respect to an individual processor.


4   Section 10(2) is amended by striking out "10" and substituting "7".


5   The following is added after section 41:

     PART 5

     EXPIRY

Expiry
     42   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


6   This Regulation comes into force on December 31, 1997.



     Alberta Regulation 285/97

     Marketing of Agricultural Products Act

     ALBERTA SUGAR BEET GROWERS NEGOTIATION, MEDIATION
     AND ARBITRATION REGULATION

     Filed:  December 19, 1997

Made by the Alberta Agricultural Products Marketing Council pursuant to
section 33 of the Marketing of Agricultural Products Act.


     Table of Contents

Definitions    1

     Part 1
     Negotiations

Negotiating agency  2
Appointment of members   3
Powers of agency    4
Notice to commence negotiations    5
Effecting an agreement   6
Effect of agreement 7
Contents of agreement    8

     Part 2
     Mediation

Request for mediation    9
Duties of mediator  10
Lack of settlement  11
Acceptance of recommendations 12
Costs     13

     Part 3
     Arbitration

Referral of matters to arbitration board     14
Information to board     15
Staff     16
Reasonable dispatch 17
Service of notices  18
Application to board for directions     19
Directions by board 20
Determining jurisdiction of board  21
Conduct of arbitration   22
Hearings and evidence    23
Attendance at hearing    24
Representation 25
Adjournment of hearing   26
Adjournment on failure to attend   27
Evidence  28
Production of documents  29
Conclusions    30
Determination in writing 31
Incorporation of settlement into determination    32
Settlement terminating arbitration 33
Board's determination final   34
Fees and expenses of board    35
Fees and expenses in case of settlement 36
Removal of member or chair    37
Arbitration Act to apply 38
Expiry    39


Definitions
1(1)  In this Regulation,

     (a)  "arbitration board" means an arbitration board appointed by the
Council under Part 3;

     (b)  "Board" means the Alberta Sugar Beet Growers referred to in
section 7 of the Plan;

     (c)  "Company" means the Rogers Sugar Ltd.;

     (d)  "negotiating agency" means the Sugar Beet Negotiating Agency
established under Part 1;

     (e)  "party" means the Board or the Company, as the case may be;

     (f)  "Plan" means the Sugar Beet Marketing Plan (AR 275/97);

     (g)  "regulated product" means sugar beets produced for processing.

(2)  Except where otherwise provided in this Regulation, words not  defined
in this Regulation but defined in the Plan have the same meaning when used
in this Regulation.


     PART 1

     NEGOTIATIONS

Negotiating agency
2(1)  The Sugar Beet Negotiating Agency established under the Sugar Beet
Marketing Plan Implementation Regulation (AR 2/91) is continued.

(2)  The negotiating agency shall be composed of not more than 8 members
appointed as follows:

     (a)  not more than 4 persons appointed by the Board;

     (b)  not more than 4 persons appointed by the Company.

(3)  The members of the negotiating agency appointed under subsection (2)
may by unanimous consent appoint a person to act as chair of the agency,
who shall serve in a non-voting capacity.

(4)  A quorum of the negotiating agency is 2 members appointed by each
party under subsection (2).

(5)  Any party may have in attendance at the negotiation proceedings
persons who are not members of the negotiating agency, including legal
counsel and persons having special technical or other knowledge, to advise
it on any matter relating to the negotiations, but those persons shall not
participate directly in the proceedings.


Appointment of members
3(1)  Prior to the commencement of any negotiations, the Board and the
Company shall each appoint the required number of members to the
negotiating agency and notify the other party of the appointments.

(2)  An appointment under subsection (1) lasts until that member's
appointment is terminated by the Board or the Company that appointed that
member.


Powers of agency
4   The members of the negotiating agency have the power to conclude an
agreement on all or any of the following:

     (a)  a method for the determination of the final price to be paid to
producers for the regulated product, and may include any product resulting
from processing;

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

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


Notice to commence negotiations
5(1)  Subject to the terms of any agreement between the Board and the
Company, either party may give notice in writing to the other

     (a)  stating that it wishes to commence negotiations,

     (b)  setting out the matters it wishes to negotiate, and

     (c)  setting out dates the party is available to commence
negotiations.

(2)  Within 10 days of the receipt of a notice under subsection (1), the
party receiving the notice shall by notice in writing to the other state

     (a)  whether or not one of the dates proposed to commence
negotiations is suitable to it and if not, alternative dates that are
acceptable, and

     (b)  any additional matters that it wishes to negotiate.


Effecting an agreement
6(1)  Following an exchange of notices under section 5, the negotiating
agency shall meet and endeavour to effect an agreement.

(2)  Subject to section 4, the matters that the negotiating agency may
adopt or settle by agreement are

     (a)  those items submitted by the parties under section 5, and

     (b)  any other items subsequently agreed on by both parties.


Effect of agreement
7(1)  An agreement concluded by the negotiating agency shall be in writing
and signed by each of the members of the agency, and by the chair, if any.

(2)  Subject to the Act, an agreement concluded by the negotiating agency
is binding on

     (a)  the Board and the Company, and

     (b)  every registered producer

to the extent that they choose to produce, market or process the regulated
product within Alberta.


Contents of agreement
8   The agreement is deemed to contain the following provisions:

     (a)  if a difference arises as to the interpretation, application,
operation or contravention of this agreement, the parties agree to meet and
endeavour to resolve the difference;

     (b)  if the parties are unable to resolve a difference described in
clause (a), or if the difference relates to whether an item can be the
subject of negotiation, either party may notify the other in writing
specifying the difference and that party's desire to submit the difference
to arbitration;

     (c)  the notice referred to in clause (b) shall

               (i)  contain a statement of the difference, and

               (ii) specify a name of a person or a list of names of
persons the party is willing to accept as the single arbitrator;

     (d)  on receipt of a notice referred to in clause (b), the party
receiving the notice, 

               (i)  if it accepts the person or one of the persons
suggested to act as a single arbitrator, shall within 7 days so notify the
other party and the difference specified in the notice shall be submitted
to the arbitrator, or

               (ii) if it does not accept any of the persons suggested
to act as a single arbitrator, shall within 7 days so notify the other
party and send the name or a list of names of persons it is willing to
accept as the single arbitrator;

     (e)  if the parties are unable to agree on a person to act as a
single arbitrator, either party may request the Council in writing to
appoint a single arbitrator;

     (f)  the single arbitrator agreed to, or appointed under clause (e),
may hold hearings or proceed in such other manner as the single arbitrator
considers appropriate during the arbitration;

     (g)  the single arbitrator shall inquire into the difference
described in the notice and make a determination in writing;

     (h)  the single arbitrator shall not alter or amend the agreement;

     (i)  subject to the Act, the determination under clause (g) is final
and binding on the parties and on every person affected by it to the extent
that they choose to produce, market or process the regulated product within
Alberta;

     (j)  the parties shall share equally the expenses of the single
arbitrator.


     PART 2

     MEDIATION

Request for mediation
9(1)  At any time after a notice to commence negotiations is served, either
the Board or the Company may request that the Council recommend the
services of a mediator to informally assist in the negotiation process.

(2)  On receiving a request under subsection (1), the Council may recommend
a mediator.


Duties of mediator
10(1)  The mediator shall inquire into the dispute and endeavour to effect
a settlement.

(2)  During the mediator's inquiry, the mediator may

     (a)  hear any representations made by the parties to the dispute,

     (b)  mediate between the parties to the dispute, and

     (c)  encourage the parties to the dispute to effect a settlement.


Lack of settlement
11   If a settlement is not effected between the Board and the Company
within 14 days from the date of the appointment of the mediator, or within
any longer period of time agreed to by the parties to the dispute, the
mediator may

     (a)  recommend terms for settlement to the parties for them to
accept or reject within a time fixed by the mediator, or

     (b)  notify the parties that no recommendation under clause (a) will
be made.


Acceptance of recommenda-tions
12   If the Board and the Company accept the recommendations of the
mediator, the parties shall notify the mediator accordingly and the
recommendations are binding on the parties as if they were an agreement
adopted or settled by the negotiating agency in accordance with sections 6
and 7.


Costs
13   The Board and the Company shall share equally the costs of the
mediation unless otherwise agreed between the parties.


     PART 3

     ARBITRATION

Referral of matters to arbitration board
14(1)  If the members of the negotiating agency unanimously agree to refer
an unconcluded agreement or specific items in it to arbitration, the
parties shall notify the Council in writing and then those matters shall be
referred to an arbitration board in accordance with this Part.

(2)  If the members of the negotiating agency do not unanimously agree to
refer matters under subsection (1) to arbitration, the unconcluded
agreement or specific items in it that are in dispute shall not be referred
to an arbitration board unless both parties subsequently agree to refer the
matters to arbitration and so notify the Council in writing.

(3)  The notice referred to in this section shall

     (a)  contain a statement of the matters proposed for arbitration,
and

     (b)  include a request for the appointment of a one-person or a
3-person arbitration board and, if a 3-person arbitration board is
proposed, the name of the person nominated to the arbitration board by each
party.

(4)  On receipt of a notice under this section, the Council shall appoint
persons to an arbitration board as follows:

     (a)  one person, if both parties agree to a one-person arbitrator;

     (b)  3 persons, one person to be nominated by each of the parties
and the chair to be appointed by the Council, if either of the parties
requests to have a 3-person arbitration board.


Information to board
15   On appointing an arbitration board, the Council shall forward to the
arbitration board

     (a)  a copy of the notices received by it from the parties, and

     (b)  a copy of this Regulation.


Staff
16   For the purposes of any arbitration under this Regulation, an
arbitration board may employ such persons as it considers necessary to
carry out its functions and may make use of the available administrative
services of the Council.


Reasonable dispatch
17   The arbitration board shall use all reasonable dispatch in conducting
hearings and making a determination on the unconcluded agreement or the
specific items in it, as the case may be.


Service of notices
18(1)  A notice, application, direction or communication in an arbitration
under this Regulation is deemed to have been properly served if sent by
post or electronic means, or delivered by hand, to the usual business
address of the party to be served.

(2)  Notwithstanding subsection (1), if any party to whom a notice,
application, direction or communication has been sent for the purpose of
this Regulation cannot be found or if for any reason service cannot be
readily effected in accordance with this Regulation, the arbitration board
may dispense with service or may grant an order of substitutional service
by a method that the arbitration board considers appropriate.

(3)  A party who sends a written notice, application, objection or
communication to the arbitration board shall forthwith serve a copy of it
on the other party and notify the arbitration board that the copy has been
served.


Application to board for directions
19(1)  A party may apply in writing to the arbitration board on any subject
relating to matters before the arbitration board.

(2)  When a party makes an application under subsection (1), it shall serve
a copy of the application on the other party.

(3)  A party, on receipt of a copy of an application described in
subsection (1), may within 7 days make an objection in writing to the
arbitration board.

(4)  On receipt of an application or objection under this section, the
arbitration board may, with or without holding a hearing, give directions
that it considers appropriate.


Directions by board
20(1)  Any direction from the arbitration board to the parties shall be in
writing or, if given orally, shall be confirmed in writing by the
arbitration board within 7 days.

(2)  The written direction shall be served on the parties in accordance
with section 18.


Determining jurisdiction of board
21(1)  The arbitration board shall consider whether the matters proposed
for arbitration are matters that could be the subject of an agreement under
section 4.

(2)  If the arbitration board concludes that any matters proposed for
arbitration cannot be the subject of an agreement under section 4, the
arbitration board shall not deal with those matters.


Conduct of arbitration
22   The arbitration board shall, with or without preliminary hearings,
direct the parties as to how the arbitration is to be conducted.


Hearings and evidence
23(1)  The arbitration board may hold a hearing in the presence of both
parties and consider documentary evidence and hear oral evidence and
arguments that a party or its representative submits.

(2)  Notwithstanding subsection (1), if the arbitration board considers it
appropriate, it may dispense with a hearing and consider written
submissions of the parties and inspect matters referred to it as it
considers necessary.

(3)  The parties are entitled to be present at any inspection conducted by
the arbitration board under subsection (2).

(4)  If the arbitration board orders that a hearing be held, it shall
notify the parties in writing of the date, time and place for the hearing.

(5)  Subject to any adjournments that the arbitration board considers
reasonable, the hearing shall be held daily until concluded.


Attendance at hearing
24   The only persons who may be present at a hearing are the arbitration
board, its officers and employees, the parties, their representatives, the
witnesses and the officers of the Council, unless the arbitration board,
after consulting with the parties, orders otherwise.


Representa-tion
25(1)  Unless otherwise agreed to by the parties and approved by the
arbitration board, any party may be represented at any stage of the
proceedings by legal counsel or other representative, if the notice of the
intended representation is given in writing to the arbitration board and to
the other party in sufficient time for each to be able to arrange to be
similarly represented.

(2)  If a party is represented in accordance with subsection (1), it shall
instruct its representative, and the party itself may participate in the
proceedings only as a witness.

(3)  The appearance of a person as a representative does not prevent the
representative's appearing as a witness in the same proceeding.


Adjournment of hearing
26   The arbitration board may adjourn the hearing as it considers
appropriate

     (a)  if a party has a representative, and notice in accordance with
section 25(1) has not, in the opinion of the arbitration board, been
sufficient, or

     (b)  for any other reason it considers proper.


Adjournment on failure to attend
27(1)  If any party or its representative fails to attend a hearing, 
notice of which was served by the arbitration board, the arbitration board
may, on any conditions that it considers appropriate, adjourn the hearing
for not more than 7 days.

(2)  Written notice of the date for the adjourned hearing and of the
arbitration board's intention to proceed, ex parte if necessary, shall be
served forthwith on both parties by the arbitration board.


Evidence
28(1)  Unless otherwise agreed to by the parties, the arbitration board
shall require witnesses to be examined on oath or affirmation.

(2)  The arbitration board may direct the terms and conditions under which
evidence may be given.


Production of documents
29   The arbitration board may direct the parties to produce to it
documents, correspondence, books or records in their possession or under
their control that, in the opinion of the arbitration board, are relevant
to the dispute.


Conclusions
30   The arbitration board is entitled to use its own technical knowledge,
skills and general knowledge in reaching conclusions from its inspections,
considerations and evaluation of the evidence.


Determination in writing
31   The arbitration board shall make its determination in writing as soon
as practicable and shall notify the parties of it.


Incorporation of settlement into determination
32(1)  If the parties settle on any item referred to in section 14, they
shall notify the arbitration board of the settlement and the arbitration
board shall incorporate the settlement into its determination.

(2)  If the parties' settlement does not resolve all the items in dispute,
the outstanding items shall be determined by the arbitration board.


Settlement terminating arbitration
33   If, before the publication of the arbitration board's determination,
the parties themselves settle all the items in dispute, they shall
immediately notify the arbitration board in writing and the arbitration
board shall accept the notice as terminating the arbitration proceedings.


Board's determination final
34   Subject to the Act, a determination of the arbitration board is final
and binding on

     (a)  the Board and the Company, and

     (b)  every registered producer

to the extent that they choose to produce, market or process the regulated
product within Alberta.


Fees and expenses of board
35   The parties shall share equally the fees and expenses of the
arbitration board.


Fees and expenses in case of settlement
36   If the arbitration proceedings are terminated by agreement of the
parties before a determination is made and a settlement of the matters in
dispute has been reached, the fees and expenses incurred by the arbitration
board shall be shared equally by the parties.


Removal of member or chair
37(1)  If a party applies to the Council for the removal of a member or the
chair of an arbitration board, the Council, on consideration or any
representations either of the parties may wish to make, may remove the
member or chair from the arbitration board.

(2)  If the person removed under subsection (1)

     (a)  was nominated under section 14(4), the party nominating that
person may nominate another person in that person's place, but, if it fails
to do so, the Council shall do so, or

     (b)  was the chair appointed under section 14(4), the Council shall
appoint a person to that office forthwith.


Arbitration Act to apply
38   Except where it is inconsistent with the Marketing of Agricultural
Products Act or this Regulation, the Arbitration Act applies to an
arbitration under this Regulation. 


Expiry
39   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


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

     Alberta Regulation 286/97

     Marketing of Agricultural Products Act

     ALBERTA SUGAR BEET GROWERS
     AUTHORIZATION REGULATION

     Filed:  December 19, 1997

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


     Table of Contents

Definitions    1
Regulations made under section 26 of the Act 2
Regulations made under section 27(1) of the Act   3
Restrictions respecting authorization to make regulations   4
Repeal    5
Expiry    6


Definitions
1(1)  In this Regulation,

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

     (b)  "Board" means the Alberta Sugar Beet Growers referred to in
section 7 of the Plan;

     (c)  "Plan" means the Sugar Beet Marketing Plan Regulation (AR
275/97); 

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

(2)  Words not defined in this Regulation but that are used in this
Regulation and that are defined in the Plan have the same meaning as
defined in the Plan.


Regulations made under section 26 of the Act
2   For the purposes of enabling the Board to operate the Plan, the Board
is, subject to any condition or restriction imposed under section 4 of this
Regulation, hereby authorized under section 26 of the Act to make
regulations

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

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

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

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

     (f)  providing for

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

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

     (g)  requiring any person who receives sugar beets 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, levies
or other money payable to or received by the Board for the purpose of
paying its expenses and administering the Plan and the regulations made by
the Board;


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


Regulations made under section 27(1) of the Act
3   For the purposes of enabling the Board to operate the Plan, the Board,
subject to any condition or restriction imposed under section 4 of this
Regulation, is hereby authorized under section 27(1) of the Act to make
regulations

     (a)  requiring that the production or marketing, or both, of sugar
beets 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 sugar
beets on any basis that 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 of sugar beets
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 sugar beets
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 sugar beets 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)  directing, controlling or prohibiting, as the case may be, the
production or marketing, or both, of sugar beets or any class, variety,
size, grade or kind of sugar beets in such manner as the Board considers
appropriate;

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

     (h)  providing

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

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

     (i)  providing for the collection from any person by legal action of
money owing to a producer for sugar beets;

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

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

     (l)  prohibiting any person from purchasing or otherwise acquiring
any sugar beets 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 sugar beets;

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

     (n)  prohibiting any person from marketing or processing any sugar
beets that have not been sold by or through the Board or a designated
agency.


Restrictions respecting authorization to make regulations
4   The following conditions or restrictions are imposed with respect to
regulations made by the Board under sections 26 and 27(1) of the Act: 

     (a)  with respect to a regulation made pursuant to the authority
referred to in section 2(f) of this Regulation, a regulation shall not be
submitted to the Registrar of Regulations for filing unless the amount of
service charges fixed or imposed by the regulation has been approved by

               (i)  a vote of the registered producers in general
meeting, or

               (ii) the Council;

     (b)  with respect to a regulation made pursuant to the authority
referred to in section 2(g) and (h) of this Regulation, a regulation may be
made only with respect to service charges and licence fees;

     (c)  with respect to a regulation made pursuant to the authority
referred to in section 3(n) of this Regulation, a regulation may be made
only with respect to sugar beets sold through the Board or a designated
agency.


Repeal
5   The Sugar Beet Marketing Plan Implementation Regulation (AR 2/91) is
repealed.


Expiry
6   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


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

     Alberta Regulation 287/97

     Marketing of Agricultural Products Act

     SUGAR BEET PRODUCTION AND MARKETING REGULATION

     Filed:  December 19, 1997

Made by the Alberta Sugar Beet Growers' Marketing Board pursuant to
sections 26 and 27 of the Marketing of Agricultural Products Act.


     Table of Contents

Definitions    1
Application    2

     Part 1
     Registration and Licensing of Producers

Prohibition re production and marketing 3
Application for registration  4
List of producers registered  5
Producer's licence  6
List of licensed producers    7
Authority of producer's licence    8
Disposal of licence prohibited     9
Cancellation, suspension and refusal    10
Reinstatement  11

     Part 2
     Processor's Licence

Application for licence  12
Granting of licence 13
Authority of licence     14
Disposal of licence prohibited     15
Cancellation, suspension and refusal    16
Reinstatement  17
Dual licensing 18

     Part 3
     Service Charges, Legal Actions and Records

Service charges     19
Legal action   20
Records   21

     Part 4
     Quota

Allotting of quota  22
Persons to be considered for quota 23
Quota allotment     24
Authority of quota  25
Quota certificate   26
Quota decrease 27
Quota increase 28
Section 39 quota    29
Allowed quota variation  30
Application not to produce and market   31
Restrictions on changes in quota   32
Disposal of quota prohibited  33
Sale of land   34
Family transfers    35
Assignment of quota 36
Change to different land 37
Jointly held quota  38
Reduction, cancellation and suspension of quota   39

     Part 5
     General

Negotiations   40
Delivery of sugar beets  41
Determination of price   42
Expenses of the Board    43
Orders and directions    44
Notice    45
Notice of changes   46
Prohibitions   47

     Part 6
     Transitional, Repeal, Expiry and Coming into Force

Producer's registration, licence, quota continued 48
Processor's licence continued 49
Repeal    50
Expiry    51
Coming into force   52



Definitions
1(1)  In this Regulation, 

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

     (b)  "actively engaged" means

               (i)  a person whose quota on February 4, 1991 was
attached to land that the person or the person's family owns and that owner
has and continues to own the land that the quota is attached to, and

               (ii) a person who, in the opinion of the Board, is the
major risk taker in connection with the profit and loss to be received or
suffered in connection with the production and marketing of the regulated
product if the person also meets 2 out of the 3 following criteria:

                         (A)  the person owns the land to which the
quota is attached;

                         (B)  the person supplies the equipment
necessary for the production and marketing of the regulated product;

                         (C)  the person is the primary operator and
otherwise supplies the labour necessary for the production and marketing of
the regulated product;

               but does not include

               (iii)     a person who receives a predetermined or fixed
amount from the sale of the regulated product from another person other
than the processor, nor

               (iv) a person who, in the opinion of the Board, is not
primarily responsible for the production and marketing of the regulated
product;

     (c)  "Company" means Rogers Sugar Ltd.; 

     (d)  "contract" means the annual sugar beet contract between a
producer and a processor; 

     (e)  "family" includes a spouse, child, parent, sibling,
grandparent, grandchild, son-in-law, daughter-in-law, father-in-law,
mother-in-law, sister-in-law or brother-in-law 

               (i)  of the producer, if the producer is an individual,

               (ii) of the majority shareholder of the corporation, if
the producer is a corporation, or 

               (iii)     of a partner in the partnership, if the producer is
a partnership; 

     (f)  "licensed processor" means a processor to whom a processor's
licence has been granted under this Regulation;

     (g)  "new producer" means a person who at the time the Board intends
to allot quota

               (i)  does not hold a quota,

               (ii) does not hold quota jointly with another person,

               (iii)     is not a shareholder in a corporation that holds
quota,

               (iv) is not the spouse of a person who holds quota, and

               (v)  is at least 18 years of age;

     (h)  "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 that is carrying on an
activity for a common purpose and is neither a partnership referred to in
subclause (i) nor an unincorporated organization referred to in subclause
(ii);

     (i)  "Plan" means the Sugar Beet Marketing Plan; 

     (j)  "producer's licence" means a licence granted under section 6; 

     (k)  "quota" means the acreage from which a producer may produce the
regulated product; 

     (l)  "quota certificate" means a quota certificate issued under
section 26;

     (m)  "regulated product" means sugar beets produced for processing;  

     (n)  "spouse" of an individual means a person of the opposite sex

               (i)  who is married to the individual, or

               (ii) who is cohabiting with the individual in a conjugal
relationship and

                         (A)  has so cohabited for a period of at
least one year, or

                         (B)  is a parent of the child of whom the
individual is a parent.

(2)  Words defined in the Act and the Plan have the same meaning in this
Regulation.  


Application
2   This Regulation applies 

     (a)  to all persons who produce sugar beets or market sugar beets,
or both, in Alberta through processors, or to new producers who propose to
produce sugar beets or market sugar beets, or both, in Alberta through
processors, and

     (b)  to processors who process sugar beets produced on land
contained within Alberta,

except to a person who has been exempted by the Board from a regulation,
order or direction made in respect of this Regulation.


     PART 1

     REGISTRATION AND LICENSING OF PRODUCERS


Prohibition re production and marketing
3   No person shall produce or market the regulated product in Alberta
through a processor unless that person is a registered producer and holds a
producer's licence.


Application for registration
4(1)  Every person who wishes to become registered with the Board as a
producer must apply to the Board for registration by providing to the
Board, on a form prescribed by it, the following information:

     (a)  the name, telephone number and mailing address of the
applicant; 

     (b)  the legal description of the land on which the applicant
intends to produce the regulated product; 

     (c)  a description of the experience of the applicant in producing
and marketing the regulated product; 

     (d)  a description of the equipment to be used in the production and
marketing of the regulated product; 

     (e)  proof satisfactory to the Board that, 

               (i)  in the case of an applicant who is an individual,
the applicant is a Canadian citizen or lawfully admitted to Canada for
permanent residence, 

               (ii) in the case of an applicant that is a partnership
or a corporation, 

                         (A)  at least 50% of the partners in the
partnership or the members or shareholders of the corporation are persons
who are Canadian citizens or lawfully admitted to Canada for permanent
residence, and 

                         (B)  at least 50% of the beneficial
ownership of the partnership or corporation is held by persons who are
Canadian citizens or lawfully admitted to Canada for permanent residence, 

               or 

               (iii)     in the case of an applicant that is 

                         (A)  an unincorporated organization other
than a partnership, or

                         (B)  a group of individuals that is carrying
on an activity for a common purpose and is neither a partnership nor an
unincorporated organization referred to in paragraph (A),

                    at least 50% of the members of the unincorporated
organization or of the group of individuals are persons who are Canadian
citizens or lawfully admitted to Canada for permanent residence;

     (f)  any other relevant information that the Board may require to
make a decision on the application. 

(2)  The Board may consider an application only if there is quota available
for the calendar year in which the application is received in the area in
which the land referred to in subsection (1)(b) is located.

(3)  The Board must promptly notify an applicant of its decision on the
application.

(4)  If the Board approves the application, the approval is conditional
only and the Board shall not finally register the applicant as a producer
until the applicant has been issued a producer's licence and allotted a
quota.

(5)  A conditional approval expires unless the applicant is issued a
producer's licence and allotted a quota in the calendar year in which the
applicant's application is received.


List of producers registered
5   The Board must establish and maintain, at its head office, a list of
persons who have been registered as producers and must assign a
registration number to each such person.  


Producer's licence
6(1)  The Board must consider for a producer's licence any person whose
application for registration as a producer has been conditionally approved
under section 4.

(2)  The Board must promptly notify an applicant under subsection (1) of
its decision on whether or not to approve the issuing of a producer's
licence to the applicant.

(3)  The Board may approve the issuing of a producer's licence to an
applicant under subsection (1) if, in the Board's opinion, the applicant

     (a)  is sufficiently experienced and has the equipment necessary to
produce and market regulated product that is of good quality, and 

     (b)  is the registered owner of, or has an interest in, land that is
suitable for the production of the regulated product.  

(4)  If the Board approves the issuing of a producer's licence the approval
is conditional only and the Board shall not finally issue a producer's
licence until the applicant has been allotted a quota.

(5)  A conditional approval expires unless the applicant is allotted a
quota in the calendar year in which the Board makes its decision under
subsection (2).

(6)  A person must hold a separate producer's licence for each quota
allotted to that person by the Board.  

(7)  A person holds a producer's licence until it is cancelled or suspended
by the Board.


List of licensed producers
7   The Board must establish and maintain at its head office a list of
licensed producers and must assign a licence number to each licence held by
a producer.  


Authority of producer's licence
8   A producer's licence is authority for the person to whom the licence is
granted to engage in the production and marketing of the regulated product
in Alberta on the land described in the licence and in accordance with that
person's quota.  


Disposal of licence prohibited
9(1)  No person shall sell, transfer, assign or otherwise dispose of a
producer's licence.  

(2)  If a producer's licence is sold, transferred, assigned or otherwise
disposed of, it is void.  


Cancellation, suspension and refusal
10(1)  The Board may refuse to grant a producer's licence if 

     (a)  it is of the opinion that the person does not meet the
requirements of section 6(3), 

     (b)  it is of the opinion that the person has contravened the Act,
the Plan, the regulations under the Act or an order or direction of the
Council or the Board, 

     (c)  no quota is available for allotment, or

     (d)  it is of the opinion that, for any other reason, a licence
should not be granted.  

(2)  The Board may cancel or suspend a producer's licence if it is of the
opinion that the licensee has contravened the Act, the Plan, the
regulations under the Act or an order or direction of the Council or the
Board.  

(3)  The Board must promptly notify a person whose licence has been
cancelled or suspended. 

(4)  A person who receives a notice of cancellation or suspension under
this section must, on receipt of the notice, forthwith cease producing and
marketing the regulated product.  


Reinstate-ment
11   The Board may remove the suspension of a producer's licence if it
considers it appropriate to do so.  


     PART 2

     PROCESSOR'S LICENCE

Application for licence
12   Every person who wishes to process the regulated product must apply to
the Board for a processor's licence by providing to the Board, on a form
prescribed by it, the following information:  

     (a)  the name, telephone number and mailing address of the
processor; 

     (b)  the address of the processor, if it is not the mailing address;

     (c)  any other relevant information the Board may require to make a
decision on the application. 


Granting of licence
13   The Board may issue a processor's licence to an applicant if it is
satisfied that it is appropriate to do so.  


Authority of licence
14   A processor's licence is authority for the processor to receive and
process the regulated product in accordance with this Regulation. 


Disposal of licence prohibited
15(1)  No person shall sell, transfer, assign or otherwise dispose of a
processor's licence.  

(2)  If a processor's licence is sold, transferred, assigned or otherwise
disposed of, it is void.  


Cancellation, suspension and refusal
16(1)  The Board may refuse to grant a processor's licence or may cancel or
suspend a processor's licence if it is of the opinion that the applicant or
licensee has contravened the Act, the Plan, the regulations under the Act
or an order or direction of the Council or the Board. 

(2)  The Board must promptly notify a person whose application for a
processor's licence has been refused or whose licence has been cancelled or
suspended.

(3)  A person  who receives a notice of cancellation or suspension under
this section must, on receipt of the notice, forthwith cease receiving the
regulated product. 


Reinstate-ment
17   The Board may remove the suspension of a processor's licence if it
considers it appropriate to do so.


Dual licensing
18   If a person operates in the capacity of a processor and in the
capacity of a producer, this Regulation applies to that person in each
capacity and that person must hold both a processor's licence and a
producer's licence.  


     PART 3

     SERVICE CHARGES, LEGAL ACTIONS AND RECORDS

Service charges
19(1)  A processor who receives the regulated product from a producer must
deduct from the first payment due to the producer a service charge of $0.45
per tonne of the regulated product received and forward that service charge
to the Board.

(2)  For the purposes of subsection (1), tonnage must be determined in
accordance with the master agreement referred to in section 40(1).


Legal action
20   The Board may collect by legal action,

     (a)  from a producer, all service charges payable by the producer
under this Regulation and not actually paid, and

     (b)  from any other person, all money owing to a producer for the
regulated product.


Records
21(1)  During ordinary business hours, a processor must make available for
review by persons appointed by the Board records that bear directly on the
final settlement price to be paid to the producers for the regulated
product received by that processor including, without limitation, the
following records:  

     (a)  sales records, including sales orders, invoices, books of
accounts and other records related to the sale of beet sugar, including
records relating to any other products resulting from processing; 

     (b)  disbursement records, including vouchers and books of accounts
related to shared expenses and other disbursements; 

     (c)  vouchers and other evidence supporting charges and credits
received from related companies; 

     (d)  grower delivery records pertaining to the delivery of the
regulated product, records related to the processing of the regulated
product and other records necessarily required to verify beet sugar and
other products resulting from processing; 

     (e)  other documentation that is considered necessary to determine
the final settlement price to be paid to producers for the regulated
product delivered to a processor;  

     (f)  other documentation that is considered necessary to determine
the research costs to be paid by the Board in connection with a joint
project with the processor. 

(2)  Every person who produces or markets the regulated product must
furnish to the Board any relevant information or record relating to the
production or marketing of the regulated product that the Board considers
necessary, including, without limitation, information or records related to
soil testing, seeds, fertilizing, crop rotation, harvesting, transportation
and delivery and payment.  


     PART 4

     QUOTA

Allotting of quota
22   A quota may only be allotted, varied, transferred, cancelled,
suspended or reduced in accordance with this Regulation.  


Persons to be considered for quota
23(1)  The Board must consider for a quota any person in respect of whom
the Board has conditionally approved the issuing of a producer's licence
under section 6.

(2)  The Board must promptly notify a person as to its decision in respect
of the allotment of quota to that person.

(3)  A person to whom a quota is allotted under this section must
immediately become actively engaged in the production and marketing of the
regulated product on the land to which the quota relates.

(4)  If a quota is allotted under this section, that quota may not, until
at least 3 years have expired from the date of that allotment, be
transferred or allotted again.

(5)  Notwithstanding subsection (4), the Board may authorize a quota to
which subsection (4) applies to be transferred or allotted again within the
3-year period if the Board is of the opinion that extenuating circumstances
exist that warrant that transfer or allotment.


Quota allotment
24   A quota must 

     (a)  specify, by legal description, the land to which the quota is
attached, and 

     (b)  name the producer in respect of whom the quota is allotted and
specify the quota.


Authority of quota
25   Subject to this Regulation, a quota is authority for the producer in
respect of whom the quota is allotted to produce the regulated product for
processing in accordance with this Regulation from 

     (a)  the number of acres, and 

     (b)  the land 

specified in the quota. 


Quota certificate
26(1)  When the Board allots a quota, it must issue to the producer a quota
certificate in a form prescribed by the Board.  

(2)  A quota certificate must be issued annually and must 

     (a)  name the producer in respect of whom the quota is allotted,

     (b)  specify, by legal description, the land on which the regulated
product may be produced in the calendar year, 

     (c)  specify the quota variation, if any, for the calendar year, 

     (d)  specify the quota, and

     (e)  contain any other information the Board considers relevant.  

(3)  The Board may require a producer to make known to the Board all
regulated product production and marketing intentions by January 15 of a
particular year before issuing a quota certificate to the producer.  

(4)  The Board must establish and maintain at its head office 

     (a)  a copy of the quota certificates issued to producers, and 

     (b)  a record of any additional quota issued under this Regulation.

(5)  The Board must send a copy of the list of quota certificates to the
licensed processors as soon as practicable after the quota certificates are
issued each year. 

(6)  If additional quota is allotted after the date on which the list of
quota certificates is mailed under subsection (5), the Board must promptly
advise the licensed processors in writing of that fact. 

(7)  If a producer is requested to do so by the processor, the producer's
quota certificate must be presented to the processor for inspection.  


Quota decrease
27  If the total acreage requirement is decreased, the Board may, by notice
in writing to all producers, reduce producer's quota as follows:

     (a)  first, the Board must apply the quota decrease to the available
but unallocated quota in all areas;

     (b)  second, the Board must decrease each producer's quota by an
equal percentage.


Quota increase
28(1)  If the total acreage requirement is increased, the Board may allot
that quota to applicants who currently hold a quota or to new producers who
propose to produce and market the regulated product.

(2)  In considering to whom the quota should be allotted, the Board may,
without limitation, consider 

     (a)  information the Board has received under section 26(3), and

     (b)  all applications conditionally approved under section 4.

(3)  If the Board decides to allot the quota, the Board must allot it  as
follows:

     (a)  first, the amount of quota offered in an area must be a
percentage equal to the percentage of quota presently in the area as it
relates to the overall quota of all areas;

     (b)  second, 25% of the quota must be offered to new producers in
the area;

     (c)  third, the quota remaining after allotment under clause (b) may
be offered to other producers in the area who currently hold a quota and
then subsequently offered to new producers in the area;

     (d)  fourth, the quota remaining after allotment under clause (c)
may be offered in an equal percentage to producers in other areas,
including new producers.


Section 39 quota
29  If quota becomes available pursuant to section 39, the Board must
consider the following if the Board allots the quota:

     (a)  first, the amount of quota offered in an area must be a
percentage equal to the percentage of quota presently in the area as it
relates to the overall quota of all areas;

     (b)  second, 25% of the quota must be offered to new producers in
the area;

     (c)  third, the quota remaining after allotment under clause (b) may
be offered to other producers in the area who currently hold a quota and
then subsequently offered to new producers in the area;

     (d)  fourth, the quota remaining after allotment under clause (c)
may be offered in an equal percentage to producers in other areas,
including new producers.


Allowed quota variation
30   Notwithstanding sections 39(a)(iii) and 47(4) and (5), unless first
authorized in writing by the Board, a producer may only produce and market
in any quota certificate period the regulated product from an acreage that
varies from the acreage stated in the quota certificate by no more than 1«
acres or 2% of the acreage, whichever is greater.  


Application not to produce and market
31(1)  A producer may apply to the Board in writing for authorization not
to produce and market the regulated product in accordance with the
producer's quota and this Regulation. 

(2)  Notwithstanding section 39(a)(ii), if a producer applies under
subsection (1), the Board may give the authorization without cancelling or
reducing the producer's quota.
  
(3)  An application under subsection (1) must be received by the Board
before June 30 of the year to which it relates.  

(4)  An authorization under subsection (2) may only be given in respect of
the particular year to which the application relates.  

(5)  In determining whether to give an authorization under subsection (2),
the Board must consider the following:  

     (a)  the health of the applicant; 

     (b)  the effect of any irrigation works within the meaning of the
Irrigation Act on the applicant's ability to produce and market the
regulated product; 

     (c)  any other factors the Board considers to be relevant. 


Restrictions on changes in quota
32   The Board shall not 

     (a)  approve increases in a quota, 

     (b)  approve the transfer of a quota, or 

     (c)  approve changes in the beneficial ownership of a corporation or
partnership pursuant to section 39(b),

if the approval would result in a producer holding a quota in excess of 2%
of the total allotment of quota for Alberta.  


Disposal of quota prohibited
33(1)  No person shall sell, buy, assign, transfer, lease or otherwise
dispose of quota except in accordance with this Regulation. 

(2)  If a quota is sold, bought, assigned, transferred, leased or disposed
of otherwise than in accordance with this Regulation, the quota is void. 


Sale of land
34(1)  On the transfer, sale, foreclosure, quit claim or other disposition
of any of the land in respect of which a quota has been allotted, the quota
allotted in respect of that land automatically reverts to the Board and the
Board may allot the quota to a prospective transferee or purchaser of the
land if that person

     (a)  applies to the Board for allotment of the quota no later than
60 days after the completion of the transfer, sale, foreclosure, quit claim
or other disposition, and

     (b)  is a licensed producer or has applied under section 4 and is
eligible to become a licensed producer.

(2)  A person to whom a quota has been allotted under this section must
immediately become actively engaged in the production and marketing of the
regulated product on the land to which the quota relates.

(3)  A quota allotted under this section may, in the discretion of the
Board, be allotted in the same or a smaller amount.

(4)  An application to the Board for an allotment of a quota under this
section must be made jointly by the person disposing of the land and the
person acquiring the land to which the quota relates.

(5)  The Board shall not approve an application under this section until
the Board is satisfied that the transfer, sale, foreclosure, quit claim or
other disposition has been completed.

(6)  When a quota is allotted under this section, that quota may not, until
at least 3 years have expired from the date of that allotment, be
transferred or allotted again.

(7)  Notwithstanding subsection (6), the Board may authorize a quota to
which subsection (6) applies to be transferred or allotted again within
that 3-year period if the Board is of the opinion that extenuating
circumstances exist that warrant that transfer or allotment.


Family transfers
35(1)  The Board may approve an application by a producer to transfer all
or part of that producer's quota to a family member without a corresponding
transfer of the land in respect of which the quota is allotted if the
proposed transferee is a licensed producer or has made application and is
eligible to become a licensed producer.  
(2)  A person to whom a quota is transferred under this section must
immediately become actively engaged in the production and marketing of the
regulated product.

(3)  If a quota is allotted pursuant to a transfer under this section, that
quota may not, until at least 3 years have expired from the date of that
allotment, be transferred or allotted again.

(4)  Notwithstanding subsection (3), the Board may authorize a quota to
which subsection (3) applies to be transferred or allotted again within
that 3-year period if the Board is of the opinion that extenuating
circumstances exist that warrant that transfer or allotment.

 
Assignment of quota
36   If 

     (a)  a producer is allotted a quota but the quota relates to land
that the producer does not own, and 

     (b)  the producer owns or subsequently acquires other land suitable
for production of the regulated product, 

the producer must promptly apply to the Board to have the quota assigned to
that other land.  


Change to different land
37   The Board may, on application by a producer, change the legal
description in the quota from that of the land to which it was attached to
other land if the producer continues to produce and market the regulated
product pursuant to the quota.  


Jointly held quota
38   A producer who has been allotted a quota jointly with another person
or persons may apply to the Board to have all or a portion of the quota
allotted to the other person or persons who jointly hold the quota with the
producer, and the Board may allot the quota if it is satisfied that it is
appropriate to do so.  


Reduction, cancellation and suspension of quota
39   The Board may reduce, cancel or suspend a quota 

     (a)  if the producer to whom the quota is allotted 

               (i)  contravenes the Act, the Plan, the regulations
under the Act or an order or direction of the Council or the Board, 

               (ii) does not use, or voluntarily gives up, all or any
part of the allotted quota during any quota certificate period, 

               (iii)     markets the regulated product from an acreage in
excess of the allotted quota, 

               (iv) has had the producer's licence cancelled or
suspended, 

               (v)  is not the registered owner of all of the land to
which the quota relates and ceases to be actively engaged in the production
and marketing of the regulated product in respect of any portion of the
quota, or

               (vi) fails to become actively engaged in the production
and marketing of the regulated product as required by section 23(3), 34(2)
or 35(2), 

     (b)  in the case of a quota allotted to a corporation or a
partnership, if there is a change in the beneficial ownership of the
corporation or partnership without the prior approval of the Board, or

     (c)  in the case of a quota allotted to an unincorporated
organization other than a partnership, or to a group of individuals that is
carrying on an activity for a common purpose and is neither a partnership
nor an unincorporated organization, if there is a change in the membership
of the unincorporated organization or group of individuals without the
prior approval of the Board.  


     PART 5

     GENERAL

Negotiations
40(1)  The Board must negotiate with the processors, in accordance with
regulations made by the Council, to determine the master agreement between
the processors and the producers.  

(2)  Subject to this Regulation, a producer may enter into a contract with
a processor only after the conclusion of the negotiations referred to in
subsection (1) and on receipt of a quota certificate issued by the Board.  


Delivery of sugar beets
41   A producer who produces or markets the regulated product must comply
with any written order or direction of the Board dealing with the time,
place or manner in which the regulated product is to be delivered to the
processor.  


Determination of price
42   The Board may negotiate annually with the processors, as part of the
master agreement, the amount of money to be paid by the processors to the
producers for the regulated product and any product resulting from
processing it, and that amount may be determined by means of a formula
based on sugar content, tonnes produced and quality.



Expenses of the Board
43  The Board may use the service charges, licence fees and money resulting
from investments and any other income earned by the Board for paying the
Board's expenses in carrying out and enforcing the regulations and in
carrying out the purposes of the Plan. 


Orders and directions
44   The Board may issue any orders and directions the Board considers to
be necessary to carry out and enforce the regulations and to carry out the
purposes of the Plan.


Notice
45   When a notice is required to be given under this Regulation

     (a)  by the Board, the Board must give notice in writing

               (i)  by mail sent to the last address filed with the
Board by the registered producer,

               (ii) by electronic means sent to the last electronic
address or access number filed with the Board by the registered producer,
or

               (iii)     by personal service, 

     or

     (b)  to the Board, the person giving the notice must give notice in
writing

               (i)  by mail sent to the head office of the Board,

               (ii) by electronic means sent to the electronic address
or access number of the Board, or

               (iii)     by personal service.


Notice of changes
46   If any change occurs in the information provided to the Board by a
producer or processor, that person must forthwith notify the Board of the
change.


Prohibitions
47(1)  No person shall sell, offer for sale or deliver the regulated
product to any person other than a licensed processor.  

(2)  No processor shall receive the regulated product from any person
unless that person holds a producer's licence, a quota, a quota certificate
and a contract with the processor.  

(3)  No person shall sell, buy, deliver or receive, or offer to sell, buy,
deliver or receive the regulated product except in accordance with this
Regulation or on terms other than those negotiated by the Board and the
processors or fixed by an arbitrator pursuant to regulations made by the
Council. 

(4)  No producer shall market the regulated product from acreage in excess
of that contracted for with the processor. 

(5)  No processor shall receive from a producer, or pay a producer for,
regulated product delivered from acreage that is in excess of that
specified in the producer's quota certificate. 

(6)  Except as permitted by this Regulation, no person shall purchase or
otherwise acquire the regulated product from a producer

     (a)  if that regulated product was grown on land in respect of which
no quota was allotted under this Regulation, or

     (b)  if no quota is allotted under this Regulation in respect of
that producer.

(7)  No producer shall produce or market the regulated product on land
other than the land described in the producer's quota certificate.

(8)  No person shall produce or market the regulated product unless  that
person holds a producer's licence, a quota, a quota certificate and a
contract with the processor.

(9)  No person shall buy or receive the regulated product unless that
person holds a processor's licence.

     PART 6

     TRANSITIONAL, REPEAL, EXPIRY 
     AND COMING INTO FORCE

Producer's registration, licence, quota continued
48  On the coming into force of this Regulation, the registration of a
producer, a producer's licence and a quota under the Sugar Beet Production
and Marketing Regulation (AR 36/91) continue under this Regulation.


Processor's licence continued
49  The processor's licence issued to the Company under the Sugar Beet
Production and Marketing Regulation (AR 36/91) is continued.


Repeal
50   The Sugar Beet Production and Marketing Regulation (AR 36/91) is
repealed.


Expiry
51   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


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


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

     Alberta Regulation 288/97

     Municipal Government Act

     EDUCATION REQUISITION CALCULATION FORM
     AMENDMENT REGULATION

     Filed:  December 22, 1997

Made by the Minister of Municipal Affairs (M.O. L:270/97) pursuant to
section 604(d) of the Municipal Government Act.


1   The Education Requisition Calculation Form Regulation (AR 312/96) is
amended by this Regulation.


2   Section 3 is amended by striking out "1997" wherever it occurs and
substituting "1998".


3   The Schedule is repealed and the attached Schedule is substituted:

  
     SCHEDULE
     EDUCATION REQUISITION CALCULATION FORM
     MUNICIPALITY NAME:                                 

The following tables are to be used to calculate live property tax rates to
be applied on municipal tax notices and must be submitted to Municipal
Affairs by Oct. 31, 1998.

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


Assessment Class
1998 ASFF Requisition (1)
Plus 1997 Underlevies and Minus 1997 Overlevies1 (2)
Total 1998 Levy [(1) + (2) = (3)]
Live Assessment2
(4)
Property Tax Rate [((3)/(4)) x 1000]


Residential and Farmland







Non-Residential







Linear







Machinery and Equipment







Total







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













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


Assessment Class
1998
Requisition
(1)
Plus 1997 Underlevies and Minus 1997 Overlevies1 (2)
Total 1998 Levy [(1) + (2) = (3)]
Live Assessment (Declared live assessment of any opted out school boards)
(4)
Property Tax Rate [((3)/(4)) x 1000]


Residential and Farmland







Non-Residential







Machinery and Equipment







Total







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







     Alberta Regulation 289/97

     Municipal Government Act

     COMMUNITY ORGANIZATION 1998 PROPERTY TAX
     EXEMPTION REGULATION

     Filed:  December 22, 1997

Made by the Minister of Municipal Affairs (M.O. L:278/97) pursuant to
section 370 of the Municipal Government Act.


     Table of Contents

Interpretation 1

     Part 1
     General Rules

Application    2
Part of a property  3
Primary use of property  4
Holding property    5
Non-profit organization  6
Meaning of restricted    7
Liquor licences     8

     Part 2
     Qualifications for Exemptions 
     under Section 362(n)(ii) to (iv)

Exemption under section 362(n)(ii) of the Act     9
Exemption under section 362(n)(iii) of the Act    10
Exemption under section 362(n)(iv) of the Act     11

     Part 3
     Other Property Exempt under
     Section 362(n)

Definitions    12
Exemption for other property  13
Day cares, museums and other facilities 14
Conditions for exemption 15
Retail commercial areas  16

     Part 4
     Repeal

Repeal    17


Interpretation
1(1)   In this Regulation,

     (a)  "Act" means the Municipal Government Act;

     (b)  "charitable or benevolent purpose" means the relief of poverty,
the advancement of education, the advancement of religion or any other
purpose beneficial to the community;

     (c)  "general public" means pertaining to the general community,
rather than a group with limited membership or a group of business
associates;

     (d)  "professional sports franchise" means a professional sports
franchise operating in the National Hockey League, the Canadian Football
League, the National Professional Soccer League or the Pacific Coast
League;

     (e)  "taxation" means taxation under Division 2 of Part 10 of the
Act.

(2)  The definitions in sections 1 and 284 of the Act apply to this
Regulation. 


     PART 1

     GENERAL RULES

Application
2   This Regulation applies to taxation in 1998.


Part of a property
3   An exemption under section 362(n)(i) to (iv) of the Act or Part 3 of
this Regulation applies only to the part of a property that qualifies for
the exemption.


Primary use of property
4(1)  Property is not exempt from taxation under section 362(n)(iii) or
(iv) of the Act or Part 3 of this Regulation unless the property is
primarily used for the purpose or use described in those provisions.

(2)  For the purposes of this Regulation, a property is primarily used for
a purpose or use if the property is used for the specified purpose or use
at least 60% of the time that the property is in use.


Holding property
5   When section 362(n)(i) to (iv) of the Act or Part 3 of this Regulation
exempts property from taxation if a non-profit organization holds that
property, the property is not exempt unless

     (a)  the organization is the owner of the property and the property
is not subject to a lease, licence or permit, or

     (b)  the organization holds the property under a lease, licence or
permit.


Non-profit organization
6   When section 362(n)(i) to (iv) of the Act or this Regulation exempts
property from taxation if a non-profit organization holds the property, the
property is not exempt unless

     (a)  the organization is a society incorporated under the Societies
Act, or

     (b)  the organization is

               (i)  a corporation incorporated in any jurisdiction, or

               (ii) any other entity established under a federal law or
law of Alberta

          that is prohibited, by the laws of the jurisdiction governing
its formation or establishment, from distributing income or property to its
shareholders or members during its existence.


Meaning of restricted
7(1)  In this Regulation, a reference to the use of property being
restricted means, subject to subsections (2) and (3), that individuals are
restricted from using the property on any basis, including a restriction
based on

     (a)  race, culture, ethnic origin or religious belief,

     (b)  the ownership of property,

     (c)  the requirement to pay fees of any kind, other than minor
entrance or service fees, or

     (d)  the requirement to become a member of an organization.

(2)  The requirement to become a member of an organization does not make
the use of the property restricted so long as

     (a)  membership in the organization is not restricted on any basis,
other than the requirement to fill out an application and pay a minor
membership fee, and

     (b)  membership occurs within a short period of time after any
application or minor fee requirement is satisfied.

(3)  Not permitting an individual to use a property for safety or liability
reasons or because the individual's use of the property would contravene a
law does not make the use of the property restricted.


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

     (a)  the property is held by a non-profit organization and used
solely for community games, sports, athletics or recreation for the benefit
of the general public and meets the requirements of section 9 of this
Regulation, or

     (b)  the property is used for a charitable or benevolent purpose
that is for the benefit of the general public, meets the ownership
requirements of section 362(n)(iii) of the Act and meets the requirements
of section 10 of this Regulation.


     PART 2

     QUALIFICATIONS FOR EXEMPTIONS
     UNDER SECTION 362(n)(ii) TO (iv)

Exemption under section 362(n)(ii) of the Act
9(1)  The following property is not exempt from taxation under section
362(n)(ii) of the Act:

     (a)  property to the extent that it is used in the operation of a
professional sports franchise;

     (b)  property that is used solely for community games, sports,
athletics or recreation if, for more than 40% of the time that the property
is in use, the majority of those participating in the activities are 18
years of age or older.

(2)  Property is not exempt from taxation under section 362(n)(ii) of the
Act if, for more than 30% of the time that the property is in use, the use
of the property is restricted within the meaning of section 7.

(3)  Subsection (2) does not apply to the restriction referred to in
subsection (1)(b).


Exemption under section 362(n)(iii) of the Act
10(1)  Property referred to in section 362(n)(iii) of the Act is not exempt
from taxation unless

     (a)  the charitable or benevolent purpose for which the property is
primarily used is a purpose that benefits the general public in the
community in which the property is located, and

     (b)  the resources of the non-profit organization that holds the
property are devoted chiefly to the charitable or benevolent purpose for
which the property is used.

(2)  Property is not exempt from taxation under section 362(n)(iii) of the
Act if, for more than 30% of the time that the property is in use, the use
of the property is restricted within the meaning of section 7.


Exemption under section 362(n)(iv) of the Act
11   Property referred to in section 362(n)(iv) of the Act is not exempt
from taxation unless the accommodation provided to senior citizens is
subsidized accommodation as defined in the General Regulation (AR 213/94).


     PART 3

     OTHER PROPERTY EXEMPT
     UNDER SECTION 362(n)

Definitions
12   In this section, 

     (a)  "arts" means theatre, literature, music, painting, sculpture or
graphic arts and includes any other similar creative or interpretive
activity;

     (b)  "chamber of commerce" means a chamber of commerce that is a
non-profit organization and is a member of the Alberta Chamber of Commerce;

     (c)  "community association" means an organization where membership
is voluntary, but restricted to residents of a specific area, and that is
formed for the purpose of

               (i)  enhancing the quality of life for residents of the
area or enhancing the programs, public facilities or services provided to
the residents of the area, or

               (ii) providing non-profit sporting, educational, social,
recreational or other activities to the residents of the area;

     (d)  "ethno-cultural association" means an organization formed for
the purpose of serving the interests of a community defined in terms of the
cultural, ethnic, national or linguistic origins or interests of its
members;

     (e)  "museum" means a facility that is established for the purpose
of conserving, studying, interpreting, assembling and exhibiting, for the
instruction and enjoyment of the general public, art, objects or specimens
of educational and cultural value or historical, technological,
anthropological, scientific or philosophical inventions, instruments,
models or designs;

     (f)  "retail commercial area" means property used to sell food,
beverages, merchandise or services;

     (g)  "sheltered workshop" means a facility designed to provide an
occupation for and to promote the adjustment and rehabilitation of persons
who would otherwise have difficulty obtaining employment because of
physical, mental or developmental disabilities;

     (h)  "thrift shop" means a retail outlet operated for a charitable
or benevolent purpose that sells donated clothing, appliances, furniture,
household items and other items of value at a nominal cost to people in
need.


Exemption for other property
13   This Part describes property that is exempt from taxation under
section 362(n) of the Act that is not exempt under section 362(n)(i) to
(iv) of the Act.


Day cares, museums and other facilities
14   A non-profit organization that holds property on which any of the
following facilities are operated may apply to the municipality within
whose area the property is located for an exemption from taxation:

     (a)  a facility used for sports or recreation to the extent that the
facility is not used in the operation of a professional sports franchise;

     (b)  a facility located outside of Calgary or Edmonton that is 
operated and used by a community association;

     (c)  a facility located in Calgary or Edmonton that is operated and
used by a community association that is a member of the Federation of
Calgary Communities or the Edmonton Federation of Community Leagues;

     (d)  a facility used for fairs or exhibitions, including 
agricultural exhibitions;

     (e)  a facility used for the arts or a museum;

     (f)  a facility used for the care and supervision of children and
that is

               (i)  a day care facility as defined in the Day Care
Regulation (AR 333/90), and 

               (ii) licensed under that Regulation;

     (g)  a facility used by an ethno-cultural association for sports,
recreation or education or for charitable or other benevolent purposes if

               (i)  the use of the property by the general public is
actively encouraged, and

               (ii) a sign is prominently posted in the facility
indicating the hours that the whole or part of the facility is accessible
to the public;

     (h)  a facility in a municipality operated and used by an
organization formed for a charitable or benevolent purpose where the
majority of the organization's beneficiaries do not reside in the
municipality;

     (i)  a facility used as a thrift shop;

     (j)  a facility used as a sheltered workshop;

     (k)  a facility operated and used by a chamber of commerce.


Conditions for exemption
15(1)  A municipality must grant a non-profit organization an exemption
from taxation in respect of property referred to in section 14 that is held
by the organization if 

     (a)  the non-profit organization makes an application for an
exemption to the municipality by April 30, 1998 and supplies the
municipality with the following by May 31, 1998:

               (i)  any information the municipality requires to
determine if the organization meets the conditions for the exemption, and 

               (ii) a description of any retail commercial areas in the
facility,

     (b)  the facility on the property is one of the facilities described
in section 14 and the non-profit organization operates the facility on a
non-profit basis,

     (c)  the facility on the property or any retail commercial area in
the facility does not provide significant competition with one or more
taxable businesses in the municipality or surrounding area,

     (d)  the funds of the non-profit organization are chiefly used for
the purposes of the organization and not for the benefit of the
organization's directors and employees, 

     (e)  the municipality is satisfied that the operations of the
non-profit organization on the property provide significant benefits,

     (f)  the property is not disqualified by virtue of subsection (2) or
(3), and

     (g)  the requirements of subsections (4) and (5), if applicable, are
met.

(2)  Property referred to in section 14(1)(a) to (e), (g) or (k) is not
exempt from taxation if, for more than 30% of the time that the property is
in use, the use of the property is restricted within the meaning of section
7.

(3)  Property referred to in section 14(1)(f) or (h) to (j) is not exempt
from taxation if an individual is not permitted to use the property because
of the individual's race, culture, ethnic origin or religious belief.

(4)  Before granting an exemption under this section in respect of a
property that is held by a non-profit organization, the municipality may
require that an agreement between the organization and the municipality be
in force that sets out that

     (a)  the organization will provide the municipality with a report by
a time and in a manner specified in the agreement that sets out the
information the municipality requires to determine if the organization met
the conditions for the exemption during 1998, and

     (b)  if the organization does not comply with the provisions
referred to in clause (a), the organization will pay the municipality an
amount equivalent to the property taxes that would be payable in respect of
the property for 1998 if the property was not exempt.

(5)  Before granting an exemption under this section in respect of a
property that is owned by a non-profit organization, the municipality may
require that an agreement between the organization and the municipality be
in force that sets out that

     (a)  no disposition of the property may be made without the approval
of the municipality, and

     (b)  if the organization is being wound-up and dissolved, the
organization must, if required by the municipality, transfer the property
to the municipality.

(6)  Despite subsection (1), a municipality may, in respect of a non-profit
organization, waive the requirement to apply by April 30, 1998 or any of
the requirements in subsection (1)(c), (d) and (e).

(7)  If a municipality grants an exemption to a non-profit organization and
later determines that the organization did not meet the conditions that
applied to the organization for the exemption for all or a part of 1998,
the municipality may in 1998 cancel the exemption for all or part of 1998,
as the case may be, and require the organization to pay property tax in
respect of the property for the period that the exemption is cancelled.


Retail commercial  areas
16(1)  In this section, "exempt facility" means a facility or part of a
facility held by a non-profit organization that is exempt from taxation
under section 362(n)(i) to (iv) of the Act or section 15 of this
Regulation.

(2)  A retail commercial area that is located within an exempt facility is
exempt from taxation if

     (a)  the non-profit organization that holds the exempt facility also
holds and operates the retail commercial area, and

     (b)  the net income from the retail commercial area is used

               (i)  to pay all or part of the operational or capital
costs of the exempt facility, or

               (ii) to pay all or part of the operational or capital
costs of any other facility that is held by the non-profit organization and
that is exempt from taxation under section 362 of the Act or section 15 of
this Regulation.


     PART 4

     REPEAL

Repeal
17(1)  The Non-profit Organization Tax Exemption Regulation (AR 125/95) is
repealed.

(2)  Despite the repeal of the Non-profit Organization Tax Exemption
Regulation (AR 125/95), that Regulation continues to apply to taxation in
1995, 1996 and 1997.


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

     Alberta Regulation 290/97

     Municipal Government Act

     STANDARDS OF ASSESSMENT AMENDMENT REGULATION

     Filed:  December 22, 1997

Made by the Minister of Municipal Affairs (M.O. L:279/97) pursuant to
section 322 of the Municipal Government Act.


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


2   Section 6(2) is amended by adding "Alberta" after "set out in the".


3   Section 8 is amended

     (a)  by striking out "the Planning Act" and substituting "Part 17 of
the Municipal Government Act";

     (b)  in clause (b) by striking out "despite section 2(3)" and
substituting "unless section 2(3) applies".


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

     Alberta Regulation 291/97

     Motor Transport Act

     PUBLIC VEHICLE CERTIFICATE AND INSURANCE REGULATION

     Filed:  December 22, 1997

Made by the Alberta Motor Transport Board pursuant to sections 5 and 35 of
the Motor Transport Act.


     Table of Contents

Definitions    1

     Part 1
     Public Vehicle Operator's Safety Rating

Definition     2
Application of Part 3
Fee  4
Rating of carrier   5
Determination of rating  6
Criteria for satisfactory rating   7
Unsatisfactory rating    8
Changing of rating  9
Prohibition    10
Obligations of carrier   11
Operating authority certificate    12

     Part 2
     Public Vehicles Other Than Buses

     Division 1
     Operation of Freight Trucks

Definitions    13
Safety fitness certificate to be in cab 14
Responsibility of owner  15
Substitution of vehicles 16
Insurance 17
Liability insurance 18
Reduction, etc. of insurance coverage   19

     Division 2
     Operation of Other Public Vehicles

Definition     20
Livery business     21
Insurance re livery 22
Restrictions re drive-yourself vehicles 23
Insurance re drive-yourself vehicles    24
Insurance re trucks registered for less than 18 000 kg 25

     Part 3
     Buses

     Division 1
     Operation of Commercial Buses

Definitions    26
Exceptions     27
Restrictions   28
Route service certificate     29
Charter certificate 30
Private bus certificate  31
Application    32
Bus inspection certificate    33
Passenger hazard insurance    34
Temporary substitution of buses    35
Timetable 36
Service re animals  37
Inland transportation insurance    38
Tariff re charter service     39
Recurring service re charter service    40
Rates re private bus     41

     Division 2
     Obtaining of Operating Authority Certificates

Definitions    42
Filing    43
Application    44
Summary rejection of application   45
Notice of application    46
Objection 47
Intervention   48
Summary rejection of objection or intervention    49
Consideration of application  50
Formal public hearing    51
Additional material 52
Decision resulting from formal public hearing     53
Issuance of certificate for bus    54
Withdrawal from proceedings   55
Hearing with another body     56
Extension of time   57
Non-compliance 58
Service   59

     Part 4
     Repeals, Expiry and Coming into Force

Repeals   60
Expiry    61
Coming into force   62

Schedules


Definitions
1(1)  In this Regulation,

     (a)  "Act" means the Motor Transport Act;

     (b)  "Board" means the Motor Transport Board;

     (c)  "bus" means a motor vehicle designed for carrying more than 10
persons, including the driver of the vehicle, that is used or intended to
be used for the transportation of persons, and includes any other motor
vehicle designated by order of the Board as a bus;

     (d)  "carrier" means a person who is engaged in the business of
operating a freight truck or a bus;

     (e)  "Director" means an employee of the Government who is under the
administration of the Minister and is designated by the Minister as the
Director or acting on behalf of the Director;

     (f)  "disabled" means, in respect of a freight truck or a bus, a
vehicle that can no longer continue to operate due to

               (i)  a mechanical failure, or

               (ii) a collision;

     (g)  "driver" means a person who drives a public vehicle;

     (h)  "drive-yourself vehicle" means a motor vehicle that is kept for
the purpose of being rented without a driver;

     (i)  "freight truck" means, other than a bus, a public vehicle that

               (i)  is used or is intended to be used for the
transportation of goods whether or not at any particular time the vehicle
is actually transporting goods, and

               (ii) is registered for a gross weight of not less than
18 000 kilograms;

     (j)  "public vehicle" includes a combination of public vehicles that
are attached to each other;

     (k)  "registered" means, in reference to a vehicle, registered to
operate on a highway in Alberta pursuant to the laws of Alberta.

(2)  Subject to subsection (1), where a term used in this Regulation is
defined in the Act, that term has the same meaning as defined in the Act.


     PART 1

     PUBLIC VEHICLE OPERATOR'S SAFETY RATING

Definitions
2   In this Part,

     (a)  "dangerous goods" means dangerous goods as defined in the
Transportation of Dangerous Goods Control Act;

     (b)  "driver's abstract" means an abstract of a driving record
referred to in section 66 of the Motor Vehicle Administration Act;

     (c)  "intra-provincial bus undertaking" means a work or undertaking
for the transport of passengers or passengers and goods by a bus solely in
Alberta;

     (d)  "safety laws" means those laws governing

               (i)  the transportation of dangerous goods;

               (ii) the control of traffic on highways;

               (iii)     the operation of freight trucks and buses on
highways;

               (iv) equipment and motor vehicle safety standards as
they apply to freight trucks and buses;

               (v)  the weight of freight trucks and buses;

               (vi) the dimensions of freight trucks and buses;

               (vii)     the loading and carrying of loads by freight trucks
and buses.


Application of Part
3(1)  Where a carrier operates or engages in a bus undertaking, this Part
applies to that carrier and to any bus operated by that carrier for that
bus undertaking.

(2)  Where a carrier operates or engages in a freight truck undertaking,
this Part applies to that carrier and to any freight truck operated by that
carrier.

(3)  This Part does not apply to the following:

     (a)  a freight truck that is being used primarily to transport an
agricultural product where the driver of the vehicle

               (i)  is a bona fide farmer who owns or produced that
agricultural product, or

               (ii) is an employee of a bona fide farmer who owns or
produced that agricultural product;

     (b)  a 2- or 3-axle freight truck that is primarily used for the
transportation of primary products of a forest, lake or river, where the
driver or the driver's employer is the producer of those primary products.


Fee
4   A carrier must pay an application fee prescribed in Schedule 2 to the
Board before the carrier is rated pursuant to this Part.


Rating of carrier
5   For the purpose of promoting the safe operation of a freight truck or
bus undertaking, the Board shall rate a carrier as being one of the
following:

     (a)  satisfactory;

     (b)  satisfactory unaudited;

     (c)  conditional;

     (d)  unsatisfactory.


Determination of rating
6   For the purpose of determining the rating of a carrier, the following
must be considered:

     (a)  for a period of time that the Board considers appropriate in
the circumstances, not to exceed the 5 years immediately preceding the date
on which the rating is made,

               (i)  any action that, in the opinion of the Board,
constitutes a failure by the carrier to comply with a safety law in any
jurisdiction in which the carrier operates,

               (ii) any conviction of the carrier for contravening a
safety law in any jurisdiction in which the carrier operates, and

               (iii)     the motor vehicle collision record of the carrier;

     (b)  whether the carrier meets the criteria set out in section 7; 

     (c)  any actions taken by the carrier that demonstrate the measures
taken to meet the criteria set out in section 7;

     (d)  whether any of the persons managing the carrier are or have
been associated with another carrier that has received an unsatisfactory
rating;

     (e)  in the case of a carrier that is a corporation, whether any of
the directors of the corporation are or have been associated with another
carrier that has received an unsatisfactory rating.


Criteria for satisfactory rating
7(1)  To be rated as satisfactory, a carrier

     (a)  must, in the opinion of the Board, demonstrate a comprehensive
knowledge of and compliance with the safety laws in force in all
jurisdictions in which the carrier operates that are applicable

               (i)  to the operations of all freight trucks and buses,
as the case may be, that are registered in the name of the carrier, and

               (ii) to all drivers who operate freight trucks and buses
that are registered in the name of the carrier,

     (b)  must, in the opinion of the Board, have substantially complied
with the safety laws in force in Alberta that are applicable 

               (i)  to the operations carried out by the carrier, and

               (ii) to the vehicles to which this Part applies that are
operated by or on behalf of that carrier,

     (c)  must have the minimum insurance coverage required by the laws
of Alberta,

     (d)  must designate a person who shall be responsible to promote, to
the satisfaction of the Board, the safe operation of freight trucks or
buses, as the case may be, that are registered in the name of the carrier,
and

     (e)  must, with respect to all drivers who operate freight trucks or
buses that are registered in the name of the carrier, maintain records that
are relevant to those drivers' carrying out their duties as drivers,
including at least the following:

               (i)  the driver's completed application form with the
carrier;

               (ii) a copy of the driver's current operator's licence;

               (iii)     the employment history of the driver for the 3
years immediately preceding the time at which the driver commenced working
for the carrier;

               (iv) an annual driver's abstract for the driver;

               (v)  a record of convictions of the driver under all
provincial and federal legislation that relates to the operation of a motor
vehicle;

               (vi) a record of all collisions involving a motor
vehicle operated by the driver that are required under any legislation to
be reported to a peace officer;

               (vii)     a record of all training respecting the operation
of a motor vehicle that has been successfully completed by the driver;

               (viii)    a copy of any training certificate issued to
the driver under the Transportation of Dangerous Goods Control Regulations
under the Transportation of Dangerous Goods Act (Canada);

               (ix) a copy of a current medical certificate for the
driver.

(2)  Where a carrier does not meet the requirement of subsection (1)(a) but
the carrier is informed by the Board of those laws, that carrier is, at the
discretion of the Board, deemed to have met the requirement of subsection
(1)(a).

(3)  Where

     (a)  in the opinion of the Board, a carrier does not meet the
requirements of subsection (1)(a), (b) or (d), or

     (b)  the Board is unable to form an opinion as to whether a carrier
meets the requirements of subsection (1)(a) or (b),

the Board may rate the carrier as satisfactory unaudited, conditional or
satisfactory, as the case may be, if the carrier

     (c)  meets the requirements of subsection (1)(c),

     (d)  undertakes with the Board that the carrier

               (i)  will establish and maintain a safety program that
meets the criteria set out in the application for a safety fitness
certificate,

               (ii) will maintain at the carrier's principal place of
business in Alberta a document setting out the safety program,

               (iii)     will ensure that drivers operating any freight
truck or bus registered in the name of the carrier will comply with the
National Safety Code For Motor Carriers, Medical Standards for Drivers, and

               (iv) will maintain at the carrier's principal place of
business in Alberta the records required under the Commercial Vehicle
Maintenance Standards Regulation (AR 118/89),

     (e)  designates a person for the purposes of subsection (1)(d), and

     (f)  satisfies the Board that the carrier will substantially comply
with the safety program referred to in clause (d)(ii).

(4)  Where a person

     (a)  is in the process of commencing business as a carrier,

     (b)  has applied to the Board to be rated in accordance with this
Part, and

     (c)  has not yet acquired the minimum insurance coverage required by
the laws of Alberta,

the Board may, notwithstanding subsection (1)(c), rate the carrier as
satisfactory unaudited, conditional or satisfactory, as the case may be, if
the carrier

     (d)  meets the requirements of subsection (3)(d) and (e), and

     (e)  gives to the Board an undertaking that the carrier

               (i)  is in the process of acquiring the required
insurance coverage, and

               (ii) will not commence the actual transportation of
goods or persons without having acquired the required insurance coverage.

(5)  Where a carrier is rated satisfactory unaudited, conditional or
satisfactory under subsection (4), the carrier shall not commence the
actual transportation of goods or persons until the carrier 

     (a)  has acquired the required insurance coverage, and 

     (b)  provides to the Board proof, satisfactory to the Board,
establishing that the carrier has acquired the required insurance coverage.


Unsatisfactory rating
8   Where a carrier is not rated as satisfactory unaudited, conditional or
satisfactory, the carrier shall be rated as unsatisfactory.


Changing of rating
9   Where a carrier is currently rated under this Part and, in the opinion
of the Board, that rating is no longer applicable, the Board may change the
rating of the carrier to a rating that, in the opinion of the Board, is the
appropriate rating for that carrier.


Prohibition
10   A carrier shall not engage in a freight truck or bus undertaking
unless in respect of that undertaking the carrier is rated as satisfactory
unaudited, conditional or satisfactory.


Obligations of carrier
11   A carrier shall ensure the following:

     (a)  that any records that are required by law to be maintained by
that carrier are preserved by the carrier for the current year and the 4
previous calendar years in a manner so as to be accessible for inspection
and audit purposes by the Board;

     (b)  that the records referred to in clause (a) are kept at the
carrier's principal place of business in Alberta unless otherwise
authorized, in writing, by the Board;

     (c)  that the records referred to in clause (a) are, on request of
the Board or a peace officer, made available for inspection during regular
business hours at the carrier's principal place of business in Alberta;

     (d)  that a person does not alter, deface, destroy or otherwise
falsify any of the records referred to in clause (a);

     (e)  that a person does not obstruct the Board or a peace officer
from entering that carrier's principal place or other places of business in
Alberta for the purposes of inspecting that carrier's records or any of the
carrier's freight trucks or buses;

     (f)  that a person does not drive a freight truck or bus without
carrying in the cab of that vechicle the original or a photocopy of the
safety fitness certificate issued in respect of that vehicle;

     (g)  that any driver who drives a freight truck or bus for the
carrier provide the safety fitness certificate issued in respect of that
vehicle to the Board or a peace officer on the request of the Board or
peace officer.



Operating authority certificate
12(1)  A carrier shall not be issued an operating authority certificate
unless the carrier is rated as satisfactory unaudited, satisfactory or
conditional.

(2)  Where

     (a)  a carrier holds an operating authority certificate, and

     (b)  the carrier is rated as unsatisfactory,

that operating authority certificate is suspended until the carrier is
rated as satisfactory unaudited, satisfactory or conditional.

(3)  A carrier is not entitled to be issued an operating authority
certificate by reason only of the carrier's being rated as satisfactory
unaudited, satisfactory or conditional.

(4)  If a carrier is rated as conditional or unsatisfactory, any permit
issued to the carrier under section 20 of the Act may be revoked by virtue
of the carrier's being rated as conditional or unsatisfactory.


     PART 2

     PUBLIC VEHICLES OTHER THAN BUSES

     Division 1
     Operation of Freight Trucks

Definition
13   In this Division, "carrier" means a carrier who operates a freight
truck engaged in the intra-provincial or extra-provincial transportation of
goods for which a safety fitness certificate is required for the
transportation of those goods.


Safety fitness certificate to be in cab
14(1)  When, under the authority of a safety fitness certificate, a person
operates

     (a)  one freight truck, that person shall carry in the cab of that
vehicle the original or a photocopy of the safety fitness certificate, or

     (b)  more than one freight truck, that person shall carry in the
cabs of each of those vehicles either the original or a photocopy of the
safety fitness certificate.

(2)  Where the original or a photocopy of the safety fitness certificate is
required to be carried in the cab of a freight truck, the carrier that
operates the freight truck or the driver of the freight truck shall produce
the certificate on the request of a peace officer.


Responsibility of owner
15(1)  For the purpose of this section, a person is the owner of a freight
truck if that person is

     (a)  the registered owner of that vehicle,

     (b)  the lessee of a freight truck under a lease having a term of
not more than 30 days and

               (i)  the leased vehicle is in the lessee's possession
and under the lessee's complete control,

               (ii) the leased vehicle is operated by a person who is
under the control, direction and supervision of the lessee,

               (iii)     there is no contractual or other business or
commercial relationship between the operator of the vehicle and the lessor
of the vehicle, and

               (iv) the lease is in writing and

                         (A)  sets out the obligations and rights of
the lessor and lessee,

                         (B)  sets out the term of the lease,

                         (C)  is signed by the lessor and lessee at
the time that the lease is entered into, and

                         (D)  sets out the date that the lease is
entered into,

     or

     (c)  the lessee of a freight truck under a lease having a term
greater than 30 days and

               (i)  the leased vehicle is registered in the name of the
lessee,

               (ii) the lessee carries the necessary public liability
insurance required by law,

               (iii)     the leased vehicle is leased on an exclusive use
basis, and

               (iv) the lease is in writing and

                         (A)  sets out the obligations and rights of
the lessor and lessee,

                         (B)  sets out the term of the lease,

                         (C)  is signed by the lessor and lessee at
the time that the lease is entered into, and

                         (D)  sets out the date that the lease is
entered into.

(2)  A person who is the owner of a freight truck assumes responsibility
for

     (a)  the contravention of any law arising out of the operation of
that vehicle, and

     (b)  any collision caused by the negligence of the driver of the
freight truck.


Disabled vehicle
16(1)  When a freight truck is disabled the operator or owner of the
vehicle shall forthwith make arrangements so that the goods being
transported on that vehicle will be transported to their intended
destination

     (a)  without additional charge to the shipper or receiver of the
goods, and

     (b)  as expeditiously as possible in the circumstances.

(2)  When a freight truck is disabled, the operator or owner of the
disabled freight truck may substitute another freight truck for the
disabled freight truck if

     (a)  the licence plates and certificate of registration of the
disabled freight truck are carried in the cab of the substituted freight
truck while the substituted freight truck is being used in the place of the
disabled freight truck,

     (b)  the substituted freight truck is registered in Alberta, and

     (c)  the substituted freight truck is insured as required by law.

(3)  Notwithstanding subsection (2), a person shall not operate a
substituted freight truck for a period in excess of 7 days.


Insurance
17(1)  A carrier shall not engage in the transportation of goods unless the
carrier maintains inland transportation insurance against loss of or damage
to those goods.

(2)  A carrier who maintains inland transportation insurance shall maintain
in the carrier's possession the policy issued in respect of that insurance.

(3)  The amount of inland transportation insurance that is to be maintained
under subsection (1) must be in the following amounts:

     (a)  for each freight truck engaged in the transportation of farm
produce other than dairy products, at least $600;

     (b)  for each freight truck engaged only in the transportation of
unprocessed milk or cream, an amount equal to the actual cash value of the
goods;

     (c)  for each freight truck having a maximum registered gross weight
of at least 18 000 kilograms but not exceeding 21 000 kilograms, at least
$20 000;

     (d)  for each freight truck having a maximum registered gross weight
exceeding 21 000 kilograms but not exceeding 37 000 kilograms, at least $27
000;

     (e)  for each freight truck having a maximum registered gross weight
exceeding 37 000 kilograms, at least $32 000.

(4)  In subsection (3), "maximum registered gross weight" means the weight
specified on the certificate of registration issued in respect of the truck
under the Motor Vehicle Administration Act.

(5)  Notwithstanding subsection (3), when a carrier is engaged in the
transportation of a mobile home, the carrier shall maintain, in respect of
the mobile home, insurance acceptable to the Board that,

     (a)  in the case of a single wide mobile home,

               (i)  provides coverage against loss or damage in the
amount of

                         (A)  $10 000, or

                         (B)  the cash value of the mobile home and
its contents, if any,

                    whichever is the greater amount, and

               (ii) provides for collision coverage on the mobile home,

     and

     (b)  in the case of a double wide mobile home,

               (i)  provides coverage against loss or damage in the
amount of the cash value of the 2 halves and their contents, if any,

               (ii) provides that if one of the halves is damaged to
the extent that it is not practicable to repair it the other half will be
deemed to have been also destroyed, and

               (iii)     provides for collision coverage on the mobile home.

(6)  Subsections (1) to (3) do not apply to a carrier that engages only in
the transportation of one or more of the items shown in Schedule 1.


Liability insurance
18   An owner of a freight truck shall not engage in the transportation of
goods unless that person maintains, on each freight truck in respect of any
one collision, insurance against liability resulting from bodily injury to
or the death of one or more persons and loss of or damage to property of
others, other than cargo, in the amount of at least

     (a)  $2 000 000 in the case of transportation of dangerous goods set
out in Schedule XII of the Transportation of Dangerous Goods Regulations
under the Transportation of Dangerous Goods Act (Canada), in the quantities
indicated in Column IV of that Schedule, in respect of which an emergency
response plan is required to be filed with the Director General pursuant to
Part VII of those Regulations, or

     (b)  $1 000 000 in all other cases.


Reduction, etc. of insurance coverage
19   Notwithstanding section 17, the Board may

     (a)  permit a carrier to reduce the amount of insurance maintained
by the carrier under section 17 to an amount equivalent to a maximum value
of the goods being transported, or

     (b)  exempt a carrier from maintaining insurance under section 17 in
respect of goods if the shipper of the goods agrees in writing that the
carrier is not liable for any loss or damage to those goods while they are
being transported by the carrier.


     Division 2
     Operation of Other Public Vehicles

Definition
20   In this Division, "drive-yourself business" means the rental of motor
vehicles without drivers.


Livery business
21   Where

     (a)  a person wishes to operate a livery business in a municipality,
and

     (b)  the Board is satisfied that the person meets the requirements
of the municipality with respect to the operation of a livery business,

the Board shall issue an operating authority certificate to that person
authorizing that person to operate a livery business.


Insurance re livery
22   Every vehicle used by a livery business shall be covered by

     (a)  a motor vehicle liability policy that complies with the
Insurance Act, and

     (b)  an automobile insurance policy that provides for passenger
hazard coverage in an amount of not less than $1 000 000 for liability
resulting from bodily injury to or the death of one or more persons as a
result of any single accident.


Restrictions re drive-yourself vehicles
23   Where a vehicle is designated to carry more than 15 passengers,

     (a)   a person shall not use that vehicle as a drive-yourself
vehicle, and

     (b)  an operator of a drive-yourself business shall not permit that
vehicle to be used as a drive-yourself vehicle.


Insurance re drive-yourself vehicles
24   The owner of a drive-yourself business shall maintain in respect of
the drive-yourself vehicles operated in connection with that business a
contract of automobile insurance that insures, in respect of any one
accident, to the limit of not less than $1 000 000, exclusive of interest
and costs against liability resulting from bodily injury to or the death of
one or more persons and loss of or damage to property.


Insurance re trucks registered for less than 18 000 kg
25(1)  A carrier who operates a public vehicle, other than a bus, that

     (a)  is used to transport goods, and

     (b)  is registered for a gross weight of less than 18 000 kilograms

shall not engage in the transportation of goods unless the carrier
maintains inland transportation insurance against loss of or damage to
those goods.

(2)  A carrier who maintains inland transportation insurance shall maintain
in the carrier's possession the policy issued in respect of that insurance.

(3)  The amount of inland transportation insurance that is to be maintained
under subsection (1) must be in the following amounts:

     (a)  for each public vehicle having a maximum registered gross
weight not exceeding 12 700 kilograms, at least $15 000;

     (b)  for each public vehicle having a maximum registered gross
weight exceeding 12 700 kilograms but not exceeding 18 000 kilograms, at
least $20 000.

(4)  In subsection (3), "maximum registered gross weight" means the weight
specified on the certificate of registration issued in respect of the
public vehicle under the Motor Vehicle Administration Act.

(5)  Subsections (1) to (3) do not apply to a carrier that engages only in
the transportation of one or more of the items shown in Schedule 1.


     PART 3

     BUSES

     Division 1
     Operation of Commercial Buses

Definitions
26   In this Division,

     (a)  "charter trip" means a trip on a public bus taken by a group of
passengers travelling for a common purpose from a common point of origin to
a common destination, and may include return to the point of origin;

     (b)  "private bus" means a bus that is used to transport

               (i)  employees or members of the person or organization
that owns the bus, or

               (ii) other persons authorized by the Board,

          and in respect of which the owner does not receive financial
support from any level of government;

     (c)  "public bus" means a bus that is operated pursuant to an
operating authority certificate issued under section 29 or 30.


Exceptions
27(1)  This Division does not apply to

     (a)  a school bus as defined in section 1 of the School Bus
Operation Regulation (AR 437/86), or

     (b)  a transit bus owned and operated by a municipality when the
transit bus is being operated within the boundaries of that municipality.

(2)  An operating authority certificate is not required to provide any of
the following services by means of a bus:

     (a)  funeral service;

     (b)  school bus service;

     (c)  transit bus service operated by a municipality.

(3)  An operating authority certificate is not required for the operation
of a bus for a single conveyance of passengers when there is an operating
authority permit in respect of that conveyance issued pursuant to section
20 of the Motor Transport Act.


Restrictions
28   Where a bus is operating under the authority of an operating authority
certificate issued under section 54 authorizing the holder of the
certificate to engage in corridor operations or a non-Alberta based charter
bus operation, that bus shall not be used to carry any goods or engage in
any operations not authorized under that certificate.


Route service certificate
29   The Board may issue an operating authority certificate for the
operation of a public bus over a specified route or routes.


Charter certificate
30   The Board may issue the following operating authority certificates to
an operator of a bus charter service authorizing the operation of a public
bus on a charter trip:

     (a)  a certificate authorizing the provision of charter services
using a bus that is owned by a person who receives, with respect to the
provision of the charter services, financial support

               (i)  from a level of government, or

               (ii) directly or indirectly from the public through
contributions, solicitations or other fund-raising means;

     (b)  a certificate authorizing the provision of general charter
services;

     (c)  a certificate authorizing the provision of charter services
through the use of buses that are owned by a municipality or the board of a
school district or division.


Private bus certificate
31   The Board may issue an operating authority certificate for the
operation of a private bus.


Application
32   The application for a certificate under section 29, 30 or 31, and the
certificate itself, shall be in a form acceptable to the Board.


Bus inspection certificate
33   The Board may refuse to issue or renew an operating authority
certificate under this Part if the Board knows or has reasonable grounds
for believing that a subsisting inspection certificate does not exist in
respect of a bus that is operating under that operating authority
certificate.


Passenger hazard insurance
34(1)  A person shall not operate a public bus or a private bus or a
drive-yourself vehicle as a public bus or a private bus unless it is
covered by a policy of automobile insurance providing passenger hazard
coverage in at least the following amounts:

     (a)  where the capacity of the bus is 10 or fewer persons, including
the driver,

               (i)  $400 000 for bodily injury or death of any one
person as a result of any single collision, and

               (ii) $1 000 000 for bodily injury or death of one or
more persons as a result of any single collision;

     (b)  where the capacity of the bus is more than 10 persons,
including the driver,

               (i)  $400 000 for bodily injury or death of any one
person as a result of any single collision, and

               (ii) $2 000 000 for bodily injury or death of one or
more persons as a result of any single collision.

(2)  When requested to do so by the Board, the holder of an operating
authority certificate issued in respect of a bus referred to in subsection
(1) shall ensure that the insurer files evidence of the current policy
referred to in subsection (1) with the Board.

(3)  The insurance required by this section is in addition to the minimum
limit of automobile insurance required by section 312 of the Insurance Act.


Temporary substitution of buses
35(1)  When a bus becomes temporarily disabled, arrangements may be made on
an emergency basis for substituting another bus.

(2)  Where a bus is substituted for a temporarily disabled bus, the
certificate of registration and the licence plates issued for the disabled
bus must be carried in the cab of the substituted bus at all times during
which the substituted bus is being used in that capacity.


Timetable
36(1)  The holder of an operating authority certificate referred to in
section 29 shall not operate a public bus over a specified route unless a
minimum frequency for that route has been approved by the Board.

(2)  No major change shall be made to a timetable unless notice has been
given in accordance with this section and the change has been approved by
the Board.

(3)  Applications for approval of a major change to a timetable shall be
submitted to the Board at least 48 hours prior to the commencement of the
period of public notice provided for under subsection (6).

(4)  The 48-hour period referred to in subsection (3) shall not include
Saturdays, Sundays or holidays.

(5)  The Board may hold a public hearing with respect to the proposed major
change to a timetable.

(6)  Public notice of the proposed major change to a timetable shall

     (a)  be posted in a form and at the stopping places along the route,
as prescribed by the Board, for at least 15 consecutive days immediately
prior to the effective date of the change, and

     (b)  be published in at least 2 issues of a newspaper circulating in
the area affected by the change.

(7)  The Board may approve a timetable or vary it and approve it as varied.

(8)  For the purposes of this section,

     (a)  a reference to a "minimum frequency" is the minimum number of
trips per week that a holder of a certificate is to operate over a
specified route, and

     (b)  a reference to a "major change" in respect of a timetable is a
reference to a change that

               (i)  reduces the number of trips to less than the
minimum frequency for a route,

               (ii) results in the total discontinuance of service in
respect of a route,

               (iii)     results in a routing change that affects those
communities on a route that have significant populations in the area, or

               (iv) is of such significance that it is a fundamental
alteration to the service being provided in respect of the route.


Service re animals
37   The operator of a public bus operated pursuant to an operating
authority certificate referred to in section 29, 30 or 31 shall not refuse
to carry an animal that             

     (a)  is required by a person for assistance, and

     (b)  is certified as having been trained to assist a person with one
or more disabilities.


Inland transportation insurance
38   The holder of an operating authority certificate referred to in
section 29 who carries express shipments shall 

     (a)  take out and keep in force a policy of inland transportation
insurance in the sum of at least $500 to cover loss of or damage to any
freight and express shipment, and 

     (b)  deposit with the Board evidence of the current policy when
required by the Board.


Tariff re charter service
39   Where a person operates a charter bus pursuant to an operating
authority certificate referred to in section 30(a), that person shall not
charge a tariff that is in excess of that authorized by the Board.


Recurring service re charter service
40   A holder of an operating authority certificate referred to in section
30 shall not conduct charter trips in such a manner so as to constitute a
recurring service.


Rates re private bus
41(1)  When a private bus is used to transport passengers who are not
employees or members of the organization that owns the bus, the operator of
the private bus may charge for the service in accordance with a tariff
authorized by the Board.

(2)  Notwithstanding subsection (1), the Board may authorize the charging
of rates in excess of those prescribed under subsection (1) if the Board
considers it appropriate to do so.


     Division 2
     Obtaining of Operating Authority Certificates

Definitions
42   In this Division,

     (a)  "applicant" means a person who files an application;

     (b)  "application" means an application for an operating authority
certificate filed with the Board under section 44;

     (c)  "intervenor" means a person who files an intervention;

     (d)  "intervention" means an intervention to an application filed
with the Board under section 48;

     (e)  "objection" means an objection to an application filed with the
Board under section 47;

     (f)  "objector" means a person who files an objection;

     (g)  "operating authority certificate" means an operating authority
certificate that authorizes the operation of a bus;

     (h)  "temporary operating authority certificate" means an operating
authority certificate that authorizes the operation of a bus on a temporary
basis.


Filing
43   When a document or material is to be filed with the Board under this
Division, the document or material shall be filed with the Board by
depositing the material with the Secretary of the Board at a location
designated by the Board.


Application
44(1)  A person may with respect to a bus apply to the Board for the
following:  

     (a)  an operating authority certificate authorizing the applicant to
operate a bus to transport persons and goods;

     (b)  an operating authority certificate authorizing the applicant to
engage in either or both of the following services:

               (i)  corridor operations;

               (ii) a non-Alberta based charter bus operation where the
trips carried out are such that the bus returns with the same group of
passengers; 

     (c)  an amendment to an operating authority certificate referred to
in clause (a); 

     (d)  an amendment to an operating authority certificate referred to
in clause (b); 

     (e)  a renewal of an operating authority certificate; 

     (f)  an approval of a transfer of an operating authority certificate
issued in respect of a bus;

     (g)  a temporary operating authority certificate.  

(2)  A person applying under subsection (1) shall file with the Board 

     (a)  the original copy of the completed application as prescribed by
the Board, and 

     (b)  one copy of the material supporting the application.  

(3)  An application shall

     (a)  set forth 

               (i)  the nature of the application, and

               (ii) an address in Alberta for service on the applicant, 

     (b)  be supported by the material containing the information as
specified by the Board, and

     (c)  be accompanied by the fee prescribed in Schedule 2 in respect
of the application.


Summary rejection of application
45(1)  The Board may refuse to consider an application if,

     (a)  on reviewing the application and any material supporting the
application, the Board is of the opinion that the application is without
merit or is frivolous or vexatious, or

     (b)  the application or any material supporting the application is
prepared in a manner that is not satisfactory to the Board.

(2)  Where the Board refuses to consider an application, the Board shall
advise the applicant of the Board's refusal to consider the application.


Notice of application
46(1)  On receiving an application referred to in section 44(1)(a) or (c),
the Board may

     (a)  publish a notice of the application in a publication designated
by the Board, or

     (b)  give notice of the application in a manner as determined by the
Board.

(2)  A notice under subsection (1) shall specify 

     (a)  the date by which any objection or intervention must be filed
with the Board, and

     (b)  the date by which any objection or intervention must be served
on the applicant.


Objection
47(1)  Where an application referred to in section 44(1)(a) or (c) is filed
with the Board, a person

     (a)  who holds an operating authority certificate that authorizes
the operation of a bus for the same purposes in whole or in part as those
for which the application has been filed, and

     (b)  whose interests may be affected by the granting of the
application,

may file with the Board an objection to the application.

(2)  An objection shall 

     (a)  set forth

               (i)  the name and address of the objector, and

               (ii) the address in Alberta for service on the objector, 

     (b)  be supported by the material containing the information as
specified by the Board, and

     (c)  be accompanied by the fee prescribed in Schedule 2 in respect
of the objection.

(3)  The objector shall file with the Board

     (a)  the original copy of the objection,

     (b)  one copy of the material supporting the objection, and

     (c)  proof of service on the applicant of a copy of the objection
and the supporting material.


Intervention
48(1)  Where an application referred to in section 44(1)(a) or (c) is filed
with the Board, a person who

     (a)  does not hold an operating authority certificate that
authorizes the operation of a bus for the same purposes in whole or in part
as those for which the application has been filed, and

     (b)  wishes to make representations to the Board as to the effect of
the application or the granting of the operating authority certificate on
the public interest, 

may file with the Board an intervention to the application.

(2)  An intervention shall 

     (a)  set forth

               (i)  the name and address of the intervenor, and

               (ii) the address in Alberta for service on the
intervenor, 

     (b)  be supported by the material containing the information as
specified by the Board, and

     (c)  be accompanied by the fee prescribed in Schedule 2 in respect
of the intervention.

(3)  The intervenor shall file with the Board

     (a)  the original copy of the intervention,

     (b)  one copy of the material supporting the intervention, and

     (c)  proof of service on the applicant of a copy of the intervention
and the supporting material.


Summary rejection of objection or intervention
49(1)  The Board shall not consider an objection or an intervention unless

     (a)  it is filed with the Board, and

     (b)  the objector or intervenor, as the case may be, serves a copy
of it and the supporting material, if any, on the applicant, 

not later than the date specified in the notice published or given under
section 46.

(2)  The Board may refuse to consider an objection or an intervention if, 

     (a)  on reviewing the objection or intervention, as the case may be,
and any material supporting the objection or intervention, the Board is of
the opinion that the objection or intervention is without merit or is
frivolous or vexatious, or

     (b)  the objection or the intervention, as the case may be, or any
material supporting the objection or intervention is prepared in a manner
that is not satisfactory to the Board.

(3)  Where the Board refuses to consider an objection or an intervention,
the Board shall advise the objector or intervenor, as the case may be, of
the Board's refusal to consider the objection or intervention.


Consideration of application
50(1)  Subject to sections 45 and 51, where an application referred to in
section 44(1)(a) or (c) is filed with the Board and

     (a)  no objection or intervention is filed with the Board in respect
of the application, or

     (b)  pursuant to section 49, the Board refuses to hear any objection
or intervention filed with the Board in respect of the application,

the Board shall in a summary manner and without conducting a formal public
hearing consider the application at a time, place and date specified by the
Board.

(2)  Subject to section 45, the Board, or a person designated by the Board,
shall consider each application filed with the Board under section
44(1)(b), (d), (e) or (f).


Formal public hearing
51(1)  The Board shall conduct a formal public hearing in respect of an
application referred to in section 44(1)(a) or (c) if

     (a)  requested to do so by the applicant, unless the Board refuses
to consider the application pursuant to section 45,

     (b)  an objection or an intervention is filed with the Board in
respect of the application, unless the Board refuses to consider the
application pursuant to section 49, or

     (c)  the Board is of the opinion that a formal public hearing should
be held.

(2)  When an application is filed with the Board in respect of which a
formal public hearing is to be held, the Board shall 

     (a)  set the time, place and date of the formal public hearing, and

     (b)  notify the following persons of the time, place and date of the
formal public hearing:

               (i)  the applicant;

               (ii) any objector whose objection is to be considered;

               (iii)     any intervenor whose intervention is to be
considered.


Additional material
52(1)  The Board may for the purpose of considering a matter under this
Division require an applicant, objector or intervenor, as the case may be,
to provide further material or information to the Board.

(2)  Where an applicant, objector or intervenor does not provide further
material or information as required under subsection (1), the Board may

     (a)  refuse to further consider the application, objection or
intervention, as the case may be, until the material or information is
provided to the Board, or

     (b)  dismiss the application, objection or intervention, as the case
may be.


Decision resulting from formal public hearing
53   The Board shall, within 30 days from the day that it concludes the
formal public hearing held in respect of the application, notify the
following persons of the Board's decision and the reason or reasons
therefor:

     (a)  the applicant;

     (b)  every objector;

     (c)  every intervenor;

     (d)  the Director.


Issuance of certificate for bus
54(1)  Where a person applies to the Board under section 44(1)(a) or (c) in
respect of an operating authority certificate authorizing that person to
operate a bus, the Board may, after considering, subject to this Division,
all the objections and interventions filed with the Board in respect of the
application, issue or amend, as the case may be, that operating authority
certificate if that person satisfies the Board

     (a)  that the person meets the requirements of this Division, and

     (b)  that, for those operations that the Board considers
appropriate, it would meet the public need and convenience to issue or
amend, as the case may be, the operating authority certificate.

(2)  Where a person applies to the Board under section 44(1), other than
under section 44(1)(a), (c) or (f), in respect of an operating authority
certificate authorizing a person to operate a bus, the Board shall, subject
to this Division, approve the application if that person satisfies the
Board that that person meets the requirements of this Division.

(3)  Where a person applies to the Board under section 44(1)(f) in respect
of an operating authority certificate authorizing a person to operate a
bus, the Board shall, subject to

     (a)  this Division, and

     (b)  section 22 of the Act,

grant the application if the person to whom the transfer is to be made
meets the requirements of this Division.


Withdrawal from proceedings
55(1)  If an application, objection or intervention is withdrawn prior to
commencement of a formal public hearing, the applicant, objector or
intervenor, as the case may be, shall 

     (a)  serve the Board and the other parties to the matter with a
notice of withdrawal not later than 7 days, excluding Saturdays, Sundays
and holidays, prior to the commencement of the hearing, and

     (b)  forthwith file with the Board proof of service on the other
parties to the matter of the notice of withdrawal.

(2)  Where a person fails to comply with the requirements of subsection
(1), the Board may award costs against that person in an amount that the
Board considers proper in the circumstances.


Hearing with another body
56   If the Board decides to hold outside of Alberta a public hearing
conducted jointly with a similar body of another province, the Board may,
notwithstanding anything in this Division, vary the Board's procedure so
that it will be substantially in compliance with the procedures applicable
to the jurisdiction where the evidence is heard.


Extension of time
57(1)  The Board may on any terms that the Board considers proper in the
circumstances make an order increasing or decreasing the time prescribed
under this Division for

     (a)  the doing of an act,

     (b)  the serving of a document, or

     (c)  the filing of a document.

(2)  An order may be made under subsection (1) notwithstanding that the
period of time for the doing of the act or the serving or filing of the
document has expired.

(3)  This section does not apply to the obligations of the Board under
section 53.


Non-compliance
58   Unless the Board otherwise directs, non-compliance with the
requirements of this Division renders a proceeding void.


Service
59(1)  Any document or material required to be served under this Division
may be served as follows:

     (a)  in the case of an individual, 

               (i)  by personal service,

               (ii) by registered mail sent to the address for service
provided by that individual under this Division, or

               (iii)     as the Board may otherwise direct;

     (b)  in the case of a corporation operating under the Business
Corporations Act, subject to section 247 of that Act, by registered mail
sent to the address for service provided under this Division;

     (c)  in the case of a corporation operating under the Companies Act,
subject to section 308 of that Act, by registered mail sent to the address
for service provided under this Division.

(2)  When, in respect of a corporation, an address for service is required
under this Division, the address for service provided by the corporation
shall be the address for service of the corporation prescribed under the
statute under which the corporation is incorporated.


     PART 4

     REPEALS, EXPIRY AND COMING INTO FORCE

     Repeals

Repeals
60   The following Regulations are repealed:

     (a)  Commercial Bus and Freight Truck Operating Authority
Certificate Regulation (AR 491/87);

     (b)  Drive-yourself Regulation (AR 428/86);

     (c)  Livery Regulation (AR 430/86);

     (d)  Freight Truck Operation Regulation (AR 429/86);

     (e)  Commercial Bus Operation Regulation (AR 426/86);

     (f)  Public Vehicle Operator's Safety Rating Regulation (AR 121/89).


     Expiry

Expiry
61   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.


     Coming into Force

Coming into force
62   This Regulation comes into force on February 2, 1998.



     SCHEDULE 1

     GOODS EXEMPTED FROM INLAND
     TRANSPORTATION INSURANCE

alfalfa (raw or pelletised)   loam
animal feed and related concentrates    logs
   and supplements (not for human  lumber
   consumption)     newspapers
asphalt mix (bituminous) organic manure
brick     peat moss
cement (dry or wet) propane
clay salt
coal sand
concrete products   sawdust
condensate     scrap iron
crude oil septic tank refuse
crushed glass  snow
dead animals   stone
drilling mud   sugar beets (raw or 
fodder      pelletised)
garbage   sulphur
grain     topsoil
granite   water
granulite woodchips
gravel
herculite
lime



     SCHEDULE 2

     FEES

1   Application for

     (a)  an extra-provincial operating authority certificate

     $180

     (b)  an intra-provincial operating authority certificate

     50

2   Application for an operating authority permit
     15

3   Application for an amendment to

     (a)  an extra-provincial operating authority certificate



     180

     (b)  an intra-provincial operating authority certificate

     50

4   Application for approval of a transfer of 

     (a)  an extra-provincial operating authority certificate



     180

     (b)  an intra-provincial operating authority certificate

     50

5   Application for a renewal of 

     (a)  an extra-provincial operating authority certificate



     60

     (b)  an intra-provincial operating authority certificate

     50

6   For filing an objection
     120

7   For filing an intervention
     120

8   Application for extra-provincial temporary 
operating authority certificate

     35

9   Application for intra-provincial temporary 
operating authority certificate

     35

10   Application to change a name on an operating authority certificate
     50

11   Application for a safety fitness certificate

     50

12   Application for an amendment to a safety fitness certificate

     50



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

     Alberta Regulation 292/97

     Motor Transport Act

     BILL OF LADING AND CONDITIONS OF CARRIAGE
     AMENDMENT REGULATION

     Filed:  December 22, 1997

Made by the Alberta Motor Transport Board pursuant to section 35 of the
Motor Transport Act.


1   The Bill of Lading and Conditions of Carriage Regulation (AR 424/86) is
amended by this Regulation.


2   Section 2(b) is repealed and the following is substituted:

     (b)  a bus parcel express shipment, except to the extent provided
for in section 5.1 and Schedule 3.1;


3   The following is added after section 5:

Conditions of carriage re express shipments on buses
     5.1(1)  Express shipments carried on public buses that are operated
pursuant to an operating authority certificate are subject to the terms and
conditions contained in the conditions of carriage set out in Schedule 3.1.

     (2)  The holder of an operating authority certificate referred to in
subsection (1) shall ensure that a statement is prepared that contains the
following information in relation to each express shipment carried on a bus
covered by the certificate:

               (a)  particulars of the nature of the shipment;

               (b)  the name and mailing address of the consignor;

               (c)  the point of origin of the shipment;

               (d)  the name and mailing address of the consignee;

               (e)  the destination of the shipment;

               (f)  the names of connecting carriers, if any;

               (g)  whether the charges are prepaid or collect;

               (h)  the date of the consignment.

     (3)  The operator of a bus referred to in subsection (2) shall keep
the statement referred to in subsection (2) in the operator's possession
while the operator is operating the bus.


4   The following is added after Schedule 3:


     SCHEDULE 3.1

     CONDITIONS OF CARRIAGE
     (EXPRESS SHIPMENTS ON
     PUBLIC BUSES)

1   Every agreement entered into between the shipper and the carrier

     (a)  shall extend to and be binding on the shipper and all persons
in privity with him who claim or assert any right to the ownership or
possession of the shipment, and the benefit of every such agreement shall
enure to every person or carrier

               (i)  to whom the shipment is delivered for the
performance of any act or duty in respect of it,

               (ii) in whose custody or charge the shipment lawfully
is, or

               (iii)     on whose vehicles the shipment is being carried
under the agreement, 

     and

     (b)  shall apply to any re-consignment or return of the shipment.

2   Subject to sections 3 and 4, the liability of the carrier for a
shipment is limited to the value declared by the shipper and embodied in
the agreement, but in no case shall the liability exceed the actual value
of the shipment at the time of the receipt of the shipment by the carrier,
including express and other charges if paid, and duty if payable or paid
and not refunded.

3   If the shipper does not declare the value of the shipment, liability is
limited to $50.

4   If the shipper desires the carrier to assume liability in excess of
$50, the carrier may impose an additional charge in respect of the extra
coverage.

5   The carrier is not liable for the following:

     (a)  loss or damage resulting from differences in weight or quantity
due to shrinkage, leakage or evaporation, except where the loss or damage
is caused by the negligence of the carrier or the carrier's agents;

     (b)  loss or damage occurring more than 48 hours after notice of the
arrival of the shipment at destination or at point of delivery has been
mailed to the address of the consignee, except where the loss or damage is
caused by the negligence of the carrier or the carrier's agents;

     (c)  loss, damage or delay caused by

               (i)  an act of God,

               (ii) the Queen's enemies,

               (iii)     the authority of the law,

               (iv) quarantine,

               (v)  riots,

               (vi) strikes,

               (vii)     a defect or inherent vice in the goods, or

               (viii)    the act or default of the shipper or owner;

     (d)  loss or damage caused by delay of or injury to, or loss or
destruction of, the shipment or any part of it due to conditions beyond the
control of the carrier, except loss or damage caused by the negligence of
the carrier on whose motor vehicle or property the shipment was at the time
the loss or damage occurred;

     (e)  loss or damage occurring while the shipment is in a customs
warehouse under the Customs Act (Canada);

     (f)  loss, damage or delay resulting from improper or insufficient
packing, securing or addressing, or from chafing when packed in bales;

     (g)  damage to or loss of

               (i)  fragile articles, or

               (ii) shipments consisting wholly or in part of or
contained in glass,

          unless the article or shipment is so described on the package
containing it, except where the damage or loss is due to the negligence of
the carrier or the carrier's agents; 

     (h)  loss or damage caused by 

               (i)  delays beyond the carrier's control, or

               (ii) the refusal of any railway or other transportation
line to receive or forward the property due to any unusual or unforeseen
movements of or interference with traffic;

     (i)  loss or damage occurring to shipments addressed to a point at
which there is no agent of the carrier, after the shipments have been left
at that point;

     (j)  non-delivery, loss or destruction of the shipment, unless
written notice thereof is given at any office of the carrier within 30 days
after the time delivery should have been made;

     (k)  damage, partial loss or shortage, unless written notice thereof
is given at any office of the carrier within 30 days after delivery.

6   Payment of duty and customs warehouse expenses shall be guaranteed by
the shipper.

7   At points where the carrier has delivery services, tender of the
shipment for delivery to the consignee shall be made at any address given
that is within those delivery limits.

8   At points where the carrier has no delivery service, the carrier shall
forthwith notify the consignee at the address given of the arrival of the
shipment at that point.

9   If a carrier does not have an office at the place to which the shipment
is addressed then, unless the shipment is otherwise routed, the carrier
shall deliver the shipment to a connecting carrier for furtherance to the
shipment's destination.

10   If any sum of money, other than the charges for transportation, is to
be collected from the consignee on the delivery of the shipment and that
sum is not paid within 10 days of tender for delivery, the carrier may
return the shipment and collect the charges for transportation both ways
from the consignor, and the liability of the carrier is that of
warehouseman only while the shipment remains in his possession for the
purpose of making collection.


5   This Regulation comes into force on February 2, 1998.


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

     Alberta Regulation 293/97

     Marketing of Agricultural Products Act

     EGG PRODUCTION AND MARKETING REGULATION

     Filed:  December 22, 1997

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


     Table of Contents

     Interpretation and Application

Definitions    1
Application    2

     Prohibitions

General   3
Producers 4
Processors     5
Application for licence  6
Issue of licence    7
Refusal, cancellation and suspension    8
Compliance with orders   9

     Quotas

Fixing and allotting quota    10
Quota certificate   11
Allotting quota     12
Authorized quota transfer     13
Requirements to allot or transfer quota 14
Reversion and reduction of quota   15
Temporary reduction of quota  16
Reversion of quota  17

     Records and Information

General   18
Registered producer 19
Processor 20
Hatcheryman    21
Board     22

     General

Disposal of poor quality eggs 23
Service charges     24
Minimum price  25
Minimum price exemption  26
Processor as Board's agent    27
Registration of mortgages     28
Space density for hens   29

     Transitional Provision, Repeal and Expiry

Transitional   30
Repeal    31
Expiry    32


     Interpretation and Application

Definitions
1   In this Regulation,

     (a)  "base provincial quota" means 1 705 690 hens;

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

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

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

     (e)  "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;

     (f)  "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;

     (g)  "hatcheryman" means a person who markets pullets or hens;

     (h)  "hen" or "layer" means a female common domestic fowl of the
species Gallus domesticas that is 19 weeks of age or older;

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

     (j)  "permit" means a written authorization issued by the Board
pursuant to the Federal-Provincial Agreement;

     (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), and

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

     (l)  "Plan" means the Plan established by the Alberta Egg Producers
Plan Regulation (AR 258/97);

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

     (n)  "processor" means a person who

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

               (ii) markets the graded, packed or processed eggs,

          or carries out one or more of those functions;

     (o)  "producer" means a person who is engaged in the production of
eggs in Alberta;

     (p)  "production" includes the possession of eggs;

     (q)  "production facilities" includes the buildings and improvements
in which the eggs are produced and the parcel of land on which the
buildings and improvements are located;

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

     (s)  "pullet" means a female common domestic fowl of the species
Gallus domesticas that is less than 19 weeks of age;

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

     (u)  "quota year" means January 1 to December 31;

     (v)  "registered producer" means a producer who

               (i)  holds a producer's licence, and

               (ii) has been allotted a quota;

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

     (x)  "total provincial allotment of quota" means Alberta's share of
regulated eggs under the national quota as established by the
Federal-Provincial Agreement and expressed either in dozens of eggs or, if
converted by the Board, in numbers of hens;

     (y)  "transfer" means every mode, direct or indirect, absolute or
conditional, voluntary or involuntary, of disposing of or parting with
property or with an interest in property, with or without judicial
proceedings, and includes, without limitation, a transfer by conveyance,
sale, payment, pledge, mortgage, lien, encumbrance, gift or security.


Application
2   This Regulation applies to all persons who produce or market eggs
unless they are exempted by

     (a)  the Plan,

     (b)  the Board under the Plan,

     (c)  this Regulation, or

     (d)  a resolution of the Board in respect of 

               (i)  a research facility,

               (ii) the owner of an approved hatchery supply flock
under the Hatchery Supply Flock Approval Regulation (AR 183/97), or

               (iii)     any other matter.


     Prohibitions

General
3(1)  No person shall commence or continue to engage in the production,
marketing or processing of eggs or carry on the activity of a producer or
processor unless that person has been issued a licence for that purpose by
the Board for the quota year.

(2)  No person shall possess, whether by ownership or otherwise,  more than
300 hens unless that person has been issued a licence for that purpose or
granted an exemption under section 2 by the Board.


Producers
4(1)  Unless the Board grants a written exemption, no registered producer
shall market eggs that are not produced in the production facilities in
respect of which that producer's quota is allotted.

(2)  No registered producer shall

     (a)  purchase hens or purchase or raise pullets until that producer
has been issued a permit by the Board authorizing that producer to do so,
or

     (b)  purchase hens or purchase or raise more pullets than is
provided for in that producer's permit.


Processors
5(1)  Unless authorized by the Board, no processor shall receive, process
or market eggs from any person other than

     (a)  a registered producer,

     (b)  an exempt producer, or

     (c)  a producer exempted by the Board under section 2.

(2)  Unless authorized by the Board, no processor may receive, process or
market any eggs if that processor has reasonable grounds to believe that
the person from whom the processor received those eggs has contravened

     (a)  the Act,

     (b)  the Plan,

     (c)  this Regulation,

     (d)  any other regulation made under the Act in respect of the Plan,
or

     (e)  an order or direction of the Board or the Council.


Application for licence
6(1)  A person may apply to the Board for one or more licences to operate
as

     (a)  a producer,

     (b)  a processor, or

     (c)  a producer and a processor.

(2)  An application for a licence shall contain the information required by
the Board.

(3)  The Board may require an applicant for a licence to submit any
additional information the Board considers necessary.

(4)  The Board shall consider every application that it receives.

(5)  A processor shall obtain a separate licence for each premises,
building or place of storage that is operated by that processor.

(6)  If a person operates in more than one capacity as a producer or
processor, that person shall apply to the Board for a licence for each such
capacity.


Issue of licence
7(1)  Subject to section 8, the Board shall issue or refuse to issue a
licence to the applicant within 90 days of the date of receipt of the
application by the Board.

(2)  The Board may issue a licence subject to any terms and conditions the
Board considers appropriate.

(3)  A licence issued by the Board expires on December 31 of the year in
which it is issued.

(4)  A licence issued by the Board is not transferable.

(5)  A licence issued by the Board

     (a)  is a licence to be engaged in the activity stated in the
licence,

     (b)  is not an endorsement by the Board of the licence holder, and

     (c)  shall not be represented by the licence holder or any other
person as an endorsement by the Board.

(6)  A licence issued under subsection (1) does not, of itself, entitle a
person to a quota.


Refusal, cancellation and suspension
8(1)  The Board may refuse to issue a licence

     (a)  if the applicant fails to provide information or additional
information required by the Board under section 6(2) or (3),

     (b)  if the applicant has contravened

               (i)  the Act,

               (ii) the Plan,

               (iii)     this Regulation,

               (iv) any other regulation made under the Act in respect
of the Plan, or

               (v)  an order or direction of the Board or the Council,

     (c)  if the applicant, in the Board's opinion, lacks the experience,
equipment or financial responsibility to engage in or to continue to engage
in the activity to which the application relates, or

     (d)  for any other reason that in the Board's determination is
appropriate.

(2)  The Board may cancel or suspend a licence or refuse to renew a licence

     (a)  if the licensee has contravened

               (i)  the Act,

               (ii) the Plan,

               (iii)     this Regulation,

               (iv) any other regulation made under the Act in respect
of the Plan, or

               (v)  an order or direction of the Board or the Council,

     (b)  if the licensee has sold, leased or otherwise assigned that
licensee's production facilities to another person,

     (c)  if the licensee

               (i)  is a lessee of production facilities, and 

               (ii) has ceased holding a leasehold interest in those
facilities,

     (d)  if the licensee 

               (i)  is a registered producer, and 

               (ii) has stopped producing eggs,

     (e)  if  the licensee 

               (i)  is a corporation or partnership and there is a
change in the beneficial or legal ownership of the corporation or
partnership, and

               (ii)  has failed to obtain the Board's approval for such
a change,

     (f)  if the licensee, in the Board's opinion, lacks the experience,
equipment or financial responsibility to engage in or to continue to engage
in the activity to which the licence relates, or

     (g)  for any other reason that in the Board's determination is
appropriate.

(3)  If the Board refuses, cancels, suspends or refuses to renew a licence,
the Board must advise the applicant or licensee in writing of its decision.

(4)  The Board may 

     (a)  suspend a licence for a period of time that it considers
appropriate, or

     (b)  in the case of a licence that is suspended, remove the
suspension.

(5)  Where the Board refuses to issue, cancels, suspends or does not renew
the licence,

     (a)  the licensee must, on receiving notice of the Board's decision,
immediately cease carrying on the activity authorized by the licence, and

     (b)  the licensee or applicant, as the case may be, may make an
application pursuant to Part 5 of the Act.

(6)  Where the licence of a registered producer expires, or is cancelled,
suspended or not renewed by the Board, that producer's quota reverts to the
Board.


Compliance with orders
9  A licensee shall comply with all lawful orders or directions given by
the Board or the Council relating to the activity authorized by the
licence.


     Quotas

Fixing and allotting quota
10   A quota shall be fixed and allotted by the Board and may be fixed,
allotted, reduced or cancelled in accordance with this Regulation.


Quota certificate
11(1)  The Board must issue to every registered producer a quota
certificate that states 

     (a)  the name, address and registration number of the person to whom
the quota certificate is issued,

     (b)  in the case of a possession quota, the maximum number of hens
that producer may possess at any one time,

     (c)  in the case of a production quota, the minimum number of eggs
that must be produced by that producer's hens, and

     (d)  the location of the production facilities that are to be used
to house the hens referred to in clause (b).

(2)  Where the Board increases or decreases a quota, it must issue to the
holder of that quota a new quota certificate.


Allotting quota
12(1)  If the total provincial allotment of quota is increased or
decreased, the Board may implement that increase or decrease in accordance
with the following:

     (a)  any increase

               (i)  up to base provincial quota must be offered to all
existing registered producers on a pro-rata basis, and

               (ii) exceeding base provincial quota must be offered for
sale to the general public;

     (b)  any decrease must be applied to all existing registered
producers on a pro-rata basis.

(2)  The manner, nature, time, date and place of the sale referred to in
subsection (1)(a)(ii) must be determined by the Board.

(3)  Where a registered producer is allotted a possession quota or an
amended possession quota increasing the maximum number of hens that may be
possessed by that producer, the registered producer must have those hens in
production in the production facilities of that producer within 3 years of
being notified by the Board of the allotment, otherwise the quota reverts
to the Board.


Authorized quota transfer
13(1)  No registered producer shall transfer all or any part of that
producer's quota, with or without production facilities, except in
accordance with this section and any quota transferred other than in
accordance with this Regulation is void.

(2)  A registered producer may apply to the Board for a transfer of a
quota.

(3)  An application for a transfer of quota must be made to the Board prior
to completion of the quota transfer.

(4)   The registered producer shall pay a transfer fee of $250 to the Board
and the transfer fee shall accompany the application.

(5)  If an application under subsection (3) is approved by the Board, the
new quota shall not take effect and the old quota shall not be cancelled
until the completion of the transaction and the filing of any proof of the
completion of the transaction that the Board may require.

(6)  No application to transfer a quota shall be approved by the Board
unless

     (a)  the transferee qualifies for a licence to operate as a
registered producer under this Regulation,

     (b)  the registered producer applying to transfer the quota has been
in continuous production of eggs for not less than 3 years immediately
preceding the time of application to transfer the quota to the transferee,

     (c)  the transferee undertakes to the Board that the quota acquired
will be in production in the production facilities of that transferee
within 3 years from the date of acquisition, and

     (d)  the registered producer applying to transfer the quota has paid
the fee required under subsection (4).

(7)  A registered producer shall not lease a quota without production
facilities.

(8)  Notwithstanding subsection (7), a registered producer may lease a
quota without production facilities if that quota is

     (a)  an increase in quota under section 12, or

     (b)  a quota transfer authorized by the Board.


Requirements to allot or transfer quota
14(1)  No person shall hold a quota, directly or indirectly, in excess of
5% of the total provincial allotment of quota.

(2)  The Board must not approve

     (a)  an increase in a quota,

     (b)  the transfer of a quota,

     (c)  changes in the beneficial ownership of shares in a corporation
that is a registered producer, or

     (d)  changes in the beneficial ownership of a partnership that is a
registered producer

that would result in a person holding a quota in excess of the limit
established under subsection (1).

(3)  A quota may be allotted or transferred only to

     (a)  a person who is a Canadian citizen or is lawfully admitted to
Canada for permanent residence,

     (b)  a corporation, the majority of shares of which are beneficially
owned by persons who are Canadian citizens or are lawfully admitted to
Canada for permanent residence, or

     (c)  a partnership whose beneficial owners are Canadian citizens or
are lawfully admitted to Canada for permanent residence.

(4)  Unless the Board directs otherwise, a registered producer must ensure
that the quota is in production in the production facilities of that
producer within 3 years from the date the quota is allotted or transferred
to that producer.

(5)  Unless the Board directs otherwise, a quota that is allotted or
transferred must not be further transferred for a period of 3 years.


Reversion and reduction of quota
15(1)  The Board may reduce or cancel a registered producer's quota

     (a)  if the registered producer has contravened

               (i)  the Act,

               (ii) the Plan,

               (iii)     this Regulation,

               (iv) any other regulation made under the Act in respect
of the Plan, or

               (v)  an order or direction of the Board or the Council,

     (b)  if the registered producer has not used all or any part of that
producer's quota,

     (c)  if the registered producer fails to possess the maximum number
of hens permitted under that producer's possession quota,

     (d)  if the registered producer fails to produce the number of eggs
permitted under that producer's production quota,

     (e)  if the licence of the registered producer has been cancelled or
suspended,

     (f)  if the Board has not approved a change of ownership interest in
the registered producer's production facilities to which the quota relates,
or

     (g)  if the registered producer is a lessee of production facilities
to which the quota relates and that producer has ceased to hold a leasehold
interest in those facilities.

(2)  If a registered producer possesses more hens than is permitted by that
producer's possession quota, the Board may reduce that producer's quota in
the manner prescribed by the Board, without permanently reducing that
producer's quota.


Temporary reduction of quota
16(1)  A registered producer may apply to the Board for a temporary
reduction of that producer's quota for a period of time to be determined by
the Board.

(2)  If the Board approves a temporary reduction of quota under subsection
(1), the Board may allot the reduced quota to another registered producer
for the period of time the quota is temporarily reduced.

(3)  On the termination of the period of time that a quota is temporarily
reduced, the Board may re-allot the reduced amount to the original
registered producer.

(4)  The Board must not consider a request for a transfer of a quota that
has been temporarily reduced and allotted to another registered producer
under subsection (2) until the quota has been re-allotted to the original
registered producer.


Reversion of quota
17   Where the Board reduces or cancels a quota under section 15 or 16,
that quota, or the reduced amount, as the case may be, reverts to the
Board.


     Records and Information

General
18(1)  The Board may request a person engaged in producing, processing or
marketing eggs to furnish any information relating to production,
processing or marketing of eggs that is specified in the request.

(2)  A person who is required by this Regulation to keep records or other
information must

     (a)  retain the records and other information for not less than 7
years from the date the records or other information was made, and

     (b)  on request of the Board, make records or information available
for inspection during normal business hours.

(3)  A person who receives a request under subsection (1), section 20(2) or
21(3) must immediately comply with it.


Registered producer
19(1)  A registered producer engaged in the production, processing or
marketing of eggs must keep a complete and accurate record of all matters
relating to that producer's operation including, but not limited to, 

     (a)  a daily record of

               (i)  the production of eggs, and

               (ii) mortality of pullets and hens;

     (b)  a weekly record of the date, number and grade of marketed eggs;

     (c)  a monthly record of

               (i)  the date, age and number of pullets and hens
purchased and the name of the person who sold the pullets and hens, and

               (ii) the date, number and location of pullets and hens
sold or disposed of. 

(2)  If a registered producer fails to comply with subsection (1), that
producer is deemed to have produced the number of eggs determined by the
producer's production quota in accordance with section 24(3).


Processor
20(1)  A processor must prepare and forward a statement at the end of each
week in time to reach the office of the Board not later than the Friday of
the week following the date the statement is made, showing with respect to
that week

     (a)  the amount, size and grade of eggs,

     (b)  the location from where the eggs were purchased, brought into
Alberta and sent out of Alberta, and

     (c)  the person from whom eggs were purchased.

(2)  A processor must, on the request of the Board, file with the Board an
estimate of that processor's requirements of eggs for the period of time
specified in the request.


Hatcheryman
21(1)  A hatcheryman who places, sells or delivers female or unsexed
pullets or hens to any person in a given month must prepare a statement for
that month stating

     (a)  the name and business address of that hatcheryman,

     (b)  the name, address and registration number of each person
receiving a placement, sale or delivery of pullets or hens,

     (c)  the number of female or unsexed pullets or hens invoiced,

     (d)  the number of pullets or hens delivered free,

     (e)  the date on which each individual placement, sale or delivery
was made, and

     (f)  if that person is either an agent for, or a person who grows
pullets or hens for or on behalf of, the hatcheryman.

(2)  A hatcheryman must forward the statement under subsection (1) to the
Board in time to reach the Board office not later than 7 days after the
last day of the month.

(3)  A hatcheryman must, on the request of the Board, provide to the Board
information relating to any person who purchases pullets or hens from that
hatcheryman.


Board
22   The Board must maintain for each quota year a record of

     (a)  the name, address and registration number of each licensee,

     (b)  the name, address and registration number of each exempt
producer who markets eggs to a processor, and

     (c)  any allotment, transfer, reduction, cancellation, suspension or
non-renewal of a quota.


     General

Disposal of poor quality eggs
23   Where the Board is satisfied that all or any portion of a shipment of
eggs produced by a registered producer is of poor quality or is not
suitable for sale, the Board 

     (a)  may dispose of that shipment of eggs as it thinks fit,

     (b)  must notify the registered producer of the disposition of the
shipment, and

     (c)  must account to the registered producer for the proceeds of
sale, if any.


Service charges
24(1)  A registered producer who sells or transfers eggs to any person must
pay to the Board a service charge of 19.5 cents per dozen eggs sold or
transferred.

(2)  If satisfactory evidence of the actual number of eggs sold or
transferred by a registered producer is not readily available to the Board,
the Board may determine the number of eggs deemed to have been sold or
transferred by that producer in a quota year or a portion of a quota year
in accordance with subsection (3).

(3)  For the purpose of determining the production quota of a registered
producer, one hen is deemed to produce 24 dozen eggs per quota year.

(4)  A registered producer who sells or transfers eggs to a person other
than a processor must

     (a)  pay the service charge under subsection (1) to the Board, and

     (b)  forward the service charge to the Board in time to reach the
Board office not later than Friday of the week following the week in which
the eggs were sold or transferred.

(5)  A processor who buys or receives eggs from a producer must

     (a)  deduct the service charge specified in subsection (1) from the
purchase price payable to that producer, and

     (b)  forward the service charge to the Board and account for the
service charge in a manner prescribed by the Board, not later than Friday
of the week following the week in which the service charge was deducted.

(6)  A processor must keep service charges deducted under subsection (5) in
a separate trust account for that purpose.

(7)  If a processor who buys or receives eggs from a producer fails to
deduct the service charge as required by subsection (5), the processor is
liable to the Board for damages in an amount equal to the service charge
which should have been deducted.

(8)  The Board may recover by legal action from a registered producer or
processor

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

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


Minimum price
25(1)  The Board must establish the minimum prices to be paid to a
registered producer for eggs or any variety, class or grade of eggs.

(2)  A registered producer must not market eggs at a price that is less
than the minimum price that is established under subsection (1).

(3)  A processor must pay to a registered producer for eggs purchased from
that producer a sum that is not less than the price established under
subsection (1).

(4)  Unless otherwise authorized by the Board, if a person and a registered
producer agree to or cause to be made a debit note or agree to any rebate,
discount, overshipment, charge, calculation or action, including a charge,
calculation or action for transportation services, and that person
subsequently purchases eggs from that registered producer, the minimum
price for those eggs shall be the price established under subsection (1).


Minimum price exemption
26   Notwithstanding section 25(2), (3) and (4), the processor may pay to a
registered producer

     (a)  a « cent less than the minimum price if the registered producer
ships fewer than 80 x 15 dozen eggs per week, or

     (b)  a « cent less than the minimum price if the registered producer
ships eggs in boxes, or

     (c)  1 cent less than the minimum price if the registered producer
does both (a) and (b).


Processor as Board's agent
27   The Board may appoint in writing any processor as an agent of the
Board for specific purposes, but a processor shall not be deemed an agent
of the Board by reason only of the deduction and remittance of service
charges required by this Regulation.


Registration of mortgages
28(1)  A person who holds a mortgage as a charge on land against a
production facility in respect of which a quota is allotted may record that
mortgage with the Board in a manner determined by the Board.

(2)  If a mortgagee records a mortgage with the Board under subsection (1),
that mortgagee must at the same time also record with the Board a written
acknowledgment by the registered producer of the mortgagee's interest in
the production facilities in respect of which the quota is allotted.

(3)  If a mortgagee discharges an interest recorded with the Board, that
mortgagee must notify the Board in a manner provided for by the Board.

(4)  If a mortgagee records a mortgage under subsection (1), the Board must
notify the mortgagee of an application to transfer all or any part of the
quota that is subject to the mortgage interest.

(5)  The Board must not accept a request for transfer of quota under
section 13 where an interest is recorded under subsection (1), unless the
mortgagee has provided a written consent to the application.

(6)  If a mortgagee becomes the legal or equitable owner of a production
facility due to enforcement of the mortgage, the Board may do one or more
of the following:

     (a)  allow the mortgagee to market eggs pursuant to the quota
granted in respect of the production facilities for a period not exceeding
2 years during which time the mortgagee must endeavour to find an
appropriate buyer;

     (b)  set aside the quota in respect of the production facility for a
period not exceeding 2 years;

     (c)  allot part or all of the quota to a person who purchases the
production facilities from the mortgagee, if the Board is satisfied that
the purchaser is entitled under this Regulation to hold the quota;

     (d)  allot part or all of the quota to the mortgagee, if the Board
is satisfied that the mortgagee is entitled under this Regulation to hold
the quota.

(7)  A quota or any part of a quota that is not dealt with in the manner or
time period described under subsection (6) reverts to the Board.


Space density for hens
29(1)  The minimum cage density for hens shall be 64 square inches or 410
square centimetres per hen.

(2)  Notwithstanding subsection (1), all existing production facilities are
exempt from the requirement until the production facilities are materially
renovated, or new production facilities are constructed.

(3)  Where a registered producer's production facilities do not meet the
requirements under subsection (1), and the producer purchases or otherwise
acquires additional quota, that producer, with the approval of the Board,
may lease the additional quota to a registered producer whose production
facilities meet the requirements under subsection (1) for a period of no
more than 3 years.

(4)  If at the end of 3 years the production facilities of the registered
producer who purchased or obtained additional quota under subsection (3)
fail to meet the requirements under subsection (1), the additional quota
reverts to the Board.


     Transitional Provision, Repeal and Expiry

Transitional
30   On the coming into force of this Regulation, a person who holds a
quota or a licence under the Egg Production and Marketing Regulation (AR
28/93) that comes within the definition of a quota or licence under this
Regulation continues to hold that quota or licence under this Regulation.


Repeal
31   The Egg Production and Marketing Regulation (AR 28/93) is repealed.


Expiry
32   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2002.