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Alberta Regulation 125/2012
Traffic Safety Act
OPERATOR LICENSING AND VEHICLE CONTROL 
AMENDMENT REGULATION
Filed: July 16, 2012
For information only:   Made by the Minister of Service Alberta (M.O. SA:023/2012) 
on July 16, 2012 pursuant to section 64 of the Traffic Safety Act. 
1   The Operator Licensing and Vehicle Control Regulation 
(AR 320/2002) is amended by this Regulation.

2   The following is added after section 137:
Waiver of fees
137.1    If the Registrar considers that, in the circumstances, it 
would be appropriate to do so, the Registrar, with the prior approval 
of the Minister, may waive any fee, or portion of any fee, required to 
be paid under this Regulation.


--------------------------------
Alberta Regulation 126/2012
Health Professions Act
NATUROPATHS PROFESSION REGULATION
Filed: July 24, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 253/2012) 
on July 24, 2012 pursuant to section 131 of the Health Professions Act. 
Table of Contents
	1	Definitions
	2	Register categories
Registration
	3	General register
	4	Provisional register
	5	Courtesy register
	6	Equivalent jurisdiction
	7	Substantial equivalence
	8	Examination attempts
	9	Good character
	10	Liability insurance
	11	English language requirements
	12	Citizenship
Titles and Abbreviations
	13	Authorization to use titles, etc.
Restricted Activities
	14	Restricted activities authorization
	15	Restriction
	16	Students
	17	Supervision
Continuing Competence
	18	Program credits
	19	Competence activities
	20	Rules
	21	Rule distribution
	22	Annual form
	23	Review and evaluation
	24	Practice visits
	25	Actions to be taken
Practice Permit
	26	Renewal requirements
	27	Conditions
Alternative Complaint Resolution
	28	Process conductor
	29	Agreement
	30	Confidentiality
	31	Leaving the process
Reinstatement
	32	Reinstatement application
	33	Consideration of application
	34	Decision
	35	Review of decision
	36	Access to decision
Information
	37	Information to be provided
	38	Section 119 information
Transitional and Coming into Force
	39	Transitional
	40	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Health Professions Act;
	(b)	"College" means the College of Naturopathic Doctors of 
Alberta;
	(c)	"Competence Committee" means the competence committee 
of the College;
	(d)	"Complaints Director" means the complaints director of the 
College;
	(e)	"Council" means the council of the College;
	(f)	"courtesy register" means the courtesy register category of 
the regulated members register;
	(g)	"general register" means the general register category of the 
regulated members register;
	(h)	"membership year" means the period of time between 2 
successive dates established in the bylaws made under 
section 132 of the Act by which a regulated member is 
required to apply for the renewal of a practice permit;
	(i)	"provisional register" means the provisional register category 
of the regulated members register;
	(j)	"Registrar" means the registrar of the College;
	(k)	"Registration Committee" means the registration committee 
of the College;
	(l)	"standards of practice" means the standards of practice 
governing the practice of naturopathic medicine as adopted 
by the Council in accordance with the bylaws and section 
133 of the Act. 
Register categories
2   The regulated members register established by the Council under 
section 33(1)(a) of the Act has the following categories:
	(a)	general register;
	(b)	provisional register;
	(c)	courtesy register.
Registration
General register
3(1)  An applicant for registration as a regulated member may be 
registered on the general register if the applicant
	(a)	has successfully completed a 4-year program of studies in 
naturopathic medicine approved by the Council, 
	(b)	has successfully passed the registration examination 
approved by the Council and the jurisprudence examination 
approved by the Council, and
	(c)	meets one of the following:
	(i)	within the 2 years immediately preceding the date the 
Registrar receives the complete application, has met the 
requirements set out in clauses (a) and (b);
	(ii)	within the 3 years immediately preceding the date the 
Registrar receives the complete application, has 
provided 1200 hours of professional services while the 
applicant was a registered member in good standing of a 
college or association of naturopathic medicine and 
carried on an active practice in a jurisdiction recognized 
by the College;
	(iii)	demonstrate to the satisfaction of the Registrar that the 
applicant is currently competent to practise as a 
naturopathic practitioner.
(2)  For the purposes of subsection (1)(c)(iii), the Registrar may 
require an applicant to undergo any examinations, testing, assessment, 
training or education the Registrar considers necessary, including a 
requirement that the applicant successfully pass the registration 
examination referred to in subsection (1)(b).
Provisional register
4(1)  An applicant for registration as a regulated member may be 
registered on the provisional register if the applicant
	(a)	meets the registration requirements of section 3 except for 
the successful completion of the examinations referred to in 
section 3(1)(b), or
	(b)	is qualified to practise as a naturopathic practitioner in 
another jurisdiction recognized by the Council but the 
applicant's competencies are being assessed under section 
7(2).
(2)  A registration on the provisional register expires after one year.
(3)  Despite subsection (2), the Registrar may extend a registration on 
the provisional register for up to one additional year after the 
registration has expired under subsection (2) if the Registrar is of the 
opinion that extenuating circumstances exist.
(4)  If a regulated member registered on the provisional register 
successfully passes the registration examination and the jurisprudence 
examination, the Registrar must remove the member's name from the 
provisional register and enter it on the general register.
(5)  A regulated member registered on the provisional register may 
practise only
	(a)	while under the supervision of a regulated member registered 
on the general register or under the supervision of another 
regulated health professional approved by the Registrar, and
	(b)	in accordance with any conditions specified by the Registrar.
Courtesy register
5(1)  A naturopathic practitioner registered in good standing in another 
jurisdiction recognized by the Council who applies for registration in 
Alberta on a temporary basis for a specified purpose approved by the 
Registrar may be registered on the courtesy register if the applicant 
satisfies the Registrar of having competence to provide the services 
related to the specified purpose.
(2)  The registration of a person registered on the courtesy register is 
valid for the term specified by the Registrar but may not exceed one 
month unless, in the opinion of the Registration Committee, there are 
extenuating circumstances.
(3)  It is a condition of registration on the courtesy register that the 
person must remain registered in good standing in the jurisdiction in 
which the person was registered at the time of the person's application 
for registration on the courtesy register and, if the registration in the 
other jurisdiction is suspended or cancelled, the courtesy registration is 
cancelled.
Equivalent jurisdiction
6   An applicant for registration as a regulated member on the general 
register who is registered in good standing in another jurisdiction 
recognized by the Council under section 28(2)(b) of the Act as having 
registration requirements substantially equivalent to the registration 
requirements set out in section 3 may be registered on the general 
register.
Substantial equivalence
7(1)  An applicant for registration as a regulated member on the 
general register who does not meet the requirements of section 3 but 
whose qualifications have been determined by the Registrar or 
Registration Committee under section 28(2)(c) of the Act to be 
substantially equivalent to the registration requirements set out in 
section 3 may be registered on the general register.
(2)  In determining whether an applicant's qualifications are 
substantially equivalent under subsection (1), the Registrar or 
Registration Committee may require the applicant to undergo any 
examination, testing and assessment activities that the Registrar or 
Registration Committee considers necessary.
(3)  For the determination under subsection (2), the Registrar or 
Registration Committee may use the services of experts and other 
resources to assist with the examination, testing and assessment 
activities.
(4)  The Registrar or Registration Committee may direct the applicant 
to undergo any education or training activities the Registrar or 
Registration Committee considers necessary in order for the applicant 
to be registered.
(5)  The Registrar or Registration Committee may require an applicant 
to pay all the costs incurred under subsections (2), (3) and (4).
(6)  The Registrar or Registration Committee may require an applicant 
under subsection (1) to provide any other relevant information or 
evidence that the Registrar or Registration Committee considers 
necessary in order to assess an application under this section.
Examination attempts
8(1)  Subject to subsection (2), an applicant for registration as a 
regulated member may attempt the registration examination and the 
jurisprudence examination only 3 times each.
(2)  An applicant who fails the registration examination or the 
jurisprudence examination 3 times may apply to the Registrar for 
permission for one final attempt.
(3)  The Registrar may require an applicant to successfully complete 
coursework and pass examinations before granting permission for one 
final attempt under subsection (2).
Good character
9(1)   An applicant for registration as a regulated member must 
provide evidence satisfactory to the Registrar of having good character 
and reputation by submitting one or more of the following on the 
request of the Registrar:
	(a)	written references from colleagues and, where applicable, 
from another jurisdiction in which the applicant is currently 
registered;
	(b)	a written statement by the applicant as to whether the 
applicant is currently undergoing an investigation or is 
subject to an unprofessional conduct process or has 
previously been disciplined by another regulatory body 
responsible for the regulation of naturopathic medicine or of 
another profession that provides a professional service;
	(c)	the results of the applicant's current criminal record check;
	(d)	a written statement by the applicant as to whether the 
applicant has ever pleaded guilty or has been found guilty of 
a criminal offence in Canada or an offence of a similar nature 
in a jurisdiction outside Canada for which the applicant has 
not been pardoned;
	(e)	any other relevant evidence as requested by the Registrar.
(2)  If an applicant has engaged in an activity that has, in the opinion of 
the Registrar, undermined the applicant's good character and 
reputation in the past, the applicant may provide evidence to the 
Registrar of rehabilitation.
(3)  The Registrar may also consider information other than that 
provided by the applicant in determining whether the applicant is of a 
good character and reputation, but if the Registrar considers that 
information, the Registrar must give the applicant sufficient particulars 
of the information to allow the applicant to respond to that 
information.
Liability insurance
10   An applicant for registration as a regulated member must provide 
evidence of having the type and amount of professional liability 
insurance required by the Council.
English language requirements
11(1)  An applicant for registration as a regulated member must be 
reasonably proficient in English to be able to engage safely and 
competently in the practice of naturopathic medicine.
(2)  An applicant may be required by the Registrar to demonstrate 
proficiency in the English language in accordance with the 
requirements approved by the Council.
Citizenship
12   An applicant for registration as a regulated member must provide 
proof that the applicant is a Canadian citizen or is lawfully admitted to 
and entitled to work in Canada.
Titles and Abbreviations
Authorization to use titles, etc.
13(1)  A regulated member registered on the general register or 
courtesy register may use
	(a)	the titles "naturopathic doctor", "naturopathic practitioner", 
"naturopath" and "doctor of naturopathic medicine",
	(b)	the initials "N.D." and "R.N.D.", and
	(c)	the title "Doctor" and the abbreviation "Dr." in connection 
with providing a health service within the practice of 
naturopathic medicine.
(2)  A regulated member registered on the provisional register may use 
the title "naturopath".
Restricted Activities
Restricted activities authorization
14(1)  Subject to subsections (2) and (3), a regulated member may, in 
the practice of naturopathic medicine and in accordance with the 
standards of practice, perform the following restricted activities:
	(a)	to cut a body tissue, to administer anything by an invasive 
procedure on body tissue or to perform other invasive 
procedures on body tissue below the dermis or the mucous 
membrane;
	(b)	to insert or remove instruments, devices or fingers
	(i)	beyond the cartilaginous portion of the ear canal,
	(ii)	beyond the point in the nasal passages where they 
normally narrow,
	(iii)	beyond the opening of the urethra for the purpose of 
obtaining diagnostic samples,
	(iv)	beyond the labia majora, but not beyond the cervix, for 
the purpose of examining the cervix, performing Pap 
smears and obtaining diagnostic samples, and
	(v)	beyond the anal verge, but not beyond the 
rectal-sigmoidal junction, for the purpose of a rectal 
exam or prostate exam.
(2)  A regulated member may not perform any of the following 
restricted activities unless the regulated member meets the 
requirements of subsection (3):
	(a)	to cut a body tissue, to administer anything by an invasive 
procedure on body tissue or to perform invasive procedures 
on body tissue below the dermis or the mucous membrane for 
the purpose of needle acupuncture or administering 
intravenous ozone, chelation therapy or supplemental 
vitamins and minerals;
	(b)	to insert or remove instruments, devices or fingers
	(i)	beyond the labia majora for the purposes of vaginal 
ozone therapy, and
	(ii)	beyond the anal verge for the purposes of performing 
colon hydrotherapy, rectal ozone therapy or the Keesey 
technique for reduction of hemorrhoids;
	(c)	to use a deliberate, brief, fast thrust to move the joints of the 
spine beyond the normal range but within the anatomical 
range of motion, which generally results in an audible click 
or pop;
	(d)	to administer blood products for the purposes of 
administering intravenous ozone therapy.
(3)  A regulated member may perform a restricted activity described in 
subsection (2) only if the regulated member
	(a)	has provided evidence to the Registrar of having the 
competencies required to perform the restricted activities 
described in subsection (2) and has received notification from 
the Registrar that the authorization to perform the restricted 
activities is indicated on the appropriate register, or
	(b)	is enrolled in a training program approved by the Council in 
the restricted activity to be performed and performs the 
restricted activity with the consent of and under the 
supervision of a regulated member who is authorized under 
clause (a) to perform that restricted activity.
(4)  A regulated member who consents to supervise another regulated 
member under subsection (3)(b) must comply with the supervision 
requirements set out in section 17.
Restriction
15(1)  Despite any authorization to perform restricted activities, 
regulated members must restrict themselves in performing restricted 
activities to those activities that they are competent to perform and to 
those that are appropriate to the member's area of practice and the 
procedure being performed.
(2)  A regulated member who performs a restricted activity must do so 
in accordance with the standards of practice.
Students
16(1)  A student who is enrolled in a 4-year program of studies in 
naturopathic medicine approved by the Council is permitted to 
perform, within that program, the restricted activities described in 
section 14(1) with the consent of and under the supervision of a 
regulated member.
(2)  A student who is enrolled in a 4-year program of studies in 
naturopathic medicine approved by the Council and who is taking a 
specific course of studies within that program is, with the consent of 
and under the supervision of a regulated member, permitted to perform 
additional restricted activities as follows:
	(a)	a student who is taking a specific course of needle 
acupuncture studies is permitted to perform the restricted 
activity described in section 14(2)(a) for the purpose of 
performing needle acupuncture;
	(b)	a student who is taking a specific course of chelation therapy 
studies is permitted to perform the restricted activity 
described in section 14(2)(a) for the purpose of administering 
chelation therapy;
	(c)	a student who is taking a specific course of studies regarding 
supplemental vitamins and minerals is permitted to perform 
the restricted activity described in section 14(2)(a) for the 
purpose of administering supplemental vitamins and 
minerals;
	(d)	a student who is taking a specific course of ozone therapy 
studies is permitted to perform the restricted activities 
described in
	(i)	section 14(2)(a) for the purpose of administering 
intravenous ozone,
	(ii)	section 14(2)(b)(i) for the purpose of performing 
vaginal ozone therapy,
	(iii)	section 14(2)(b)(ii) for the purpose of performing rectal 
ozone therapy, and
	(iv)	section 14(2)(d) for the purposes of administering blood 
products for intravenous ozone therapy;
	(e)	a student who is taking a specific course of colon 
hydrotherapy studies is permitted to perform the restricted 
activity described in section 14(2)(b)(ii) for the purpose of 
performing colon hydrotherapy;
	(f)	a student who is taking a specific course of Keesey technique 
studies for reduction of hemorrhoids is permitted to perform 
the restricted activity described in section 14(2)(b)(ii) for the 
purpose of the reduction of hemorrhoids;
	(g)	a student who is taking a specific course of spinal 
manipulation studies is permitted to perform the restricted 
activity described in 14(2)(c) for the purpose of performing 
spinal manipulation.
Supervision
17   A regulated member who consents to supervise a student under 
section 16 or a regulated member under section 14(3)(b) must
	(a)	be on site with the student or regulated member and available 
to assist while the student or regulated member is performing 
the restricted activity,
	(b)	be authorized to perform the restricted activity being 
performed by the student or regulated member, and
	(c)	have a minimum of one year's experience in performing the 
restricted activity.
Continuing Competence
Program credits
18   A regulated member must obtain the number of continuing 
competence program credits in each membership year as determined 
by the Council.
Competence activities
19   Continuing competence program credits may be obtained through 
the following continuing competence activities in accordance with the 
rules referred to in section 20:
	(a)	attendance at courses or seminars related to naturopathic 
medicine that are designed to enhance the professional 
development of regulated members;
	(b)	presentation of a continuing competence activity to a group 
of regulated members;
	(c)	attendance at sessions sponsored or approved by the Council 
concerning functions of the College, including professional 
development, code of ethics and standards of practice;
	(d)	providing mentoring or supervision to students of 
naturopathic medicine education programs approved by the 
Council;
	(e)	participation as a member of the Council or a committee 
established by the Council;
	(f)	presentation of a research paper or abstract at a meeting 
approved by the Council;
	(g)	publication of a research paper in a peer-refereed journal;
	(h)	self-directed study approved by the Council;
	(i)	other activities approved by the Council.
Rules
20(1)  The Registrar or Competence Committee may recommend to 
the Council rules governing the continuing competence program, 
including the following:
	(a)	rules governing the program credits that may be earned for 
each continuing competence activity;
	(b)	rules governing the type and category of continuing 
competence activities that a regulated member must 
undertake in a membership year;
	(c)	rules limiting the number of continuing competence activities 
within a specific category for which a member may earn 
credits;
	(d)	rules governing additional continuing competence activities 
for which program credits may be earned;
	(e)	rules governing criteria for selecting individual regulated 
members or groups of regulated members for practice visits;
	(f)	other rules, as required, governing the continuing 
competence program.
(2)  The rules recommended under subsection (1) and any 
recommended amendments to those rules must be distributed by the 
Registrar to all regulated members for their review.
(3)  The Council may establish rules and amendments to the rules 30 or 
more days after the Registrar has distributed the recommended rules or 
amendments to the rules under subsection (2).
Rule distribution
21   The rules and any amendments to the rules established under 
section 20(3) must be made available by the College to all regulated 
members and, in printed form, on request to the Minister, regional 
health authorities and any person who requests them.
Annual form
22(1)  As part of the continuing competence program, a regulated 
member must complete, on an annual basis and in a form satisfactory 
to the Registrar,
	(a)	a self-assessment,
	(b)	a learning plan, and
	(c)	a list of continuing competence activities undertaken together 
with supporting documentation.
(2)  A regulated member must retain a copy of the documents referred 
to in subsection (1) for a period of not less than 5 years from the end of 
the membership year in which the self-assessment, learning plan or list 
of continuing competence activities undertaken were completed.
(3)  A regulated member must, on the request of the Registrar or the 
Competence Committee, submit anything referred to in subsection (1) 
to the Registrar or Competence Committee.
Review and evaluation
23   The Registrar or Competence Committee must periodically select 
individual regulated members in accordance with criteria established 
by the Council for a review and evaluation of all or part of the 
member's continuing competence program.
Practice visits
24   A person or persons appointed under section 11 of the Act are 
authorized to carry out practice visits and may, for the purpose of 
assessing continuing competence, select individual regulated members 
or groups of regulated members for a practice visit in accordance with 
the rules established under section 20.
Actions to be taken
25   If the results of a review and evaluation under section 23 or a 
practice visit under section 24 are unsatisfactory, the Competence 
Committee may direct a regulated member to undertake one or more of 
the following:
	(a)	to complete specific continuing competence requirements or 
professional development activities within a specified time 
period;
	(b)	to report to the Competence Committee on specified matters 
on specified dates;
	(c)	to correct any problems identified in the review and 
evaluation or practice visit;
	(d)	to complete any other activity required to be completed by 
the Competence Committee.
Practice Permit
Renewal requirements
26   A regulated member applying for renewal of the member's 
practice permit must
	(a)	provide evidence of having met the continuing competence 
requirements set out in this Regulation,
	(b)	provide evidence that the regulated member holds current 
cardiopulmonary resuscitation certification at the level 
required by the Council, and
	(c)	provide evidence of continuing to meet the requirements set 
out in sections 9, 10 and 12.
Conditions
27   On issuing a practice permit to a regulated member, the Registrar 
may impose conditions on the practice permit, including, but not 
limited to, the following:
	(a)	that the member limit the member's practice to specified 
services or areas of practice;
	(b)	that the member practise under the supervision of another 
regulated member for the period of time considered 
necessary by the Registrar;
	(c)	that the member refrain from performing specified restricted 
activities.
Alternative Complaint Resolution
Process conductor
28   When a complainant and an investigated person have agreed to 
enter into an alternative complaint resolution process, the Complaints 
Director must appoint an individual to conduct the alternative 
complaint resolution process.
Agreement
29   The person conducting the alternative complaint resolution 
process must, in consultation with the complainant and the investigated 
person, establish the procedures for and objectives of the alternative 
complaint resolution process, which must be set out in writing and 
signed by the complainant, the investigated person and the 
representative of the College.
Confidentiality
30   The complainant and the investigated person must, subject to 
sections 59 and 60 of the Act, agree to treat all information shared 
during the alternative complaint resolution process as confidential.
Leaving the process
31   The complainant or the investigated person may withdraw from 
the alternative complaint resolution process at any time.
Reinstatement
Reinstatement application
32(1)  A person whose registration and practice permit have been 
cancelled under Part 4 of the Act may apply in writing to the Registrar 
to have the registration reinstated and the practice permit reissued.
(2)  An application under subsection (1) must 
	(a)	not be made earlier than 3 years after the date of the 
cancellation, and
	(b)	not be made more frequently than once in each 12-month 
period following a refusal of an application under section 
34(a).
(3)  An applicant under subsection (1) must provide evidence to the 
Registrar of
	(a)	the relevant professional or personal actions that the 
applicant has taken since the cancellation, and
	(b)	the applicant's qualifications for registration.
Consideration of application
33(1)  An application under section 32 must be considered by the 
Registration Committee in accordance with the application for 
registration process set out in sections 28 to 30 of the Act.
(2)  When reviewing an application in accordance with subsection (1), 
the Registration Committee must consider
	(a)	the record of the hearing at which the applicant's registration 
and practice permit were cancelled, and
	(b)	whether the applicant
	(i)	meets the current requirements for registration,
	(ii)	has met any conditions imposed under Part 4 of the Act 
before the applicant's registration and practice permit 
were cancelled, and
	(iii)	is fit to practise naturopathic medicine and does not 
pose a risk to public safety.
Decision
34   The Registration Committee may, on completing the review of an 
application in accordance with section 33, issue a written decision 
containing one or more of the following orders:
	(a)	an order refusing the application;
	(b)	an order directing the Registrar to reinstate the person's 
registration and reissue the person's practice permit;
	(c)	an order to impose specified conditions on the person's 
practice permit;
	(d)	any order that the Registration Committee considers 
necessary for the protection of the public;
	(e)	an order directing the applicant to pay any or all of the 
College's expenses incurred in respect of the application as 
provided for in the bylaws.
Review of decision
35(1)  An applicant whose application for reinstatement is refused or 
on whose practice permit conditions have been imposed under section 
34 may request a review by the Council.
(2)  Sections 31 and 32 of the Act apply to a review under subsection 
(1).
Access to decision
36(1)  The Registration Committee, under section 34, and the Council, 
under section 35, may order that its decision be published in a manner 
it considers appropriate.
(2)  The College must make the decisions under sections 34 and 35 
available for 5 years to the public on request.
Information
Information to be provided
37(1)  A regulated member or an applicant for registration must 
provide the following information, in addition to the information 
required under section 33(3) of the Act, to the Registrar on the request 
of the Registrar, on application for registration and when there are any 
changes to the information:
	(a)	gender;
	(b)	date of birth;
	(c)	the languages in which a regulated member or an applicant 
for registration can provide professional services;
	(d)	home address, business mailing address, telephone number, 
cell phone number, pager number, emergency contact 
telephone number, fax number, e-mail address and website 
address;
	(e)	full legal name and, if applicable, previous names and 
aliases;
	(f)	any other college of a regulated health profession in which a 
regulated member or an applicant for registration is 
registered and whether the regulated member or the applicant 
for registration is a practising member of that college;
	(g)	names of other jurisdictions in which a regulated member or 
an applicant for registration is registered as a naturopathic 
practitioner;
	(h)	degree and other qualifications, including specialization;
	(i)	any restricted activities authorized in section 14(2) that a 
regulated member performed in the previous year;
	(j)	a recent passport photo;
	(k)	name of the person that is supervising a regulated member, if 
a regulated member is registered on the provisional register.
(2)  Subject to section 34(1) of the Act, the College may release the 
information collected under subsection (1)
	(a)	with the consent of the person whose information it is, or
	(b)	in a summarized or statistical form so that it is not possible to 
relate the information to any particular identifiable person.
Section 119 information
38   The periods of time during which the College is to provide 
information under section 119(4) of the Act are as follows:
	(a)	information referred to in section 33(3) of the Act entered in 
a register for a regulated member, while the registered 
member is registered as a member of the College and for 2 
years after ceasing to be registered, except for the 
information referred to in section 33(3)(h) of the Act;
	(b)	information referred to in section 119(1) of the Act 
respecting
	(i)	the suspension of a regulated member's practice permit, 
while the suspension is in effect and for 5 years after the 
period of suspension has expired,
	(ii)	the cancellation of a regulated member's practice 
permit, for 5 years after the cancellation,
	(iii)	the conditions imposed on a regulated member's 
practice permit, while the conditions are in effect,
	(iv)	the directions made that a regulated member cease 
providing professional services, while the directions are 
in effect, and
	(v)	the imposition of a reprimand or fine under Part 4 of the 
Act, for 5 years after the imposition of the reprimand or 
fine;
	(c)	information as to whether a hearing is scheduled to be held 
under Part 4 of the Act with respect to a named regulated 
member, until the hearing is concluded;
	(d)	information respecting
	(i)	whether a hearing has been held under Part 4 of the Act 
with respect to a named regulated member, for 2 years 
from the date the hearing is concluded, and
	(ii)	a decision and a record of the hearing referred to in 
section 85(3) of the Act of a hearing held under Part 4 
of the Act, for 2 years after the date the hearing tribunal 
of the College rendered its decision.
Transitional and  
Coming into Force
Transitional
39   On the coming into force of this Regulation, a person described in 
section 5 of Schedule 14 to the Act is deemed to be entered on the 
regulated members register in the register category that the Registrar 
considers appropriate.
Coming into force
40   This Regulation comes into force on the coming into force of 
Schedule 14 to the Health Professions Act.



Alberta Regulation 127/2012
Insurance Act
AUTOMOBILE ACCIDENT INSURANCE BENEFITS 
AMENDMENT REGULATION
Filed: July 24, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 257/2012) 
on July 24, 2012 pursuant to section 573 of the Insurance Act. 
1   The Automobile Accident Insurance Benefits 
Regulations (AR 352/72) are amended by this Regulation.

2   Schedule "A", Section B - Accident Benefits is amended 
under the heading "Special Provisions, Definitions, and 
Exclusions of Section B" by repealing provision (6)(c) and 
substituting the following:
	(c)	Every action or proceeding against the Insurer for the 
recovery of a claim under this Section B must be commenced 
not later than 2 years after the cause of action against the 
insurer arose.


--------------------------------
Alberta Regulation 128/2012
Traffic Safety Act
DEMERIT POINT PROGRAM AND SERVICE OF DOCUMENTS 
AMENDMENT REGULATION
Filed: July 24, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 258/2012) 
on July 24, 2012 pursuant to section 18 of the Traffic Safety Act. 
1   The Demerit Point Program and Service of Documents 
Regulation (AR 331/2002) is amended by this Regulation.

2   The following is added after section 25:
Expiry 
25.1  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 June 30, 2016.


Alberta Regulation 129/2012
Insurance Act
FAIR PRACTICES AMENDMENT REGULATION
Filed: July 24, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 256/2012) 
on July 24, 2012 pursuant to section 511 of the Insurance Act. 
1   The Fair Practices Regulation (AR 128/2001) is amended 
by this Regulation. 

2   Section 5.7 is amended
	(a)	in subsection (1) by adding the following after 
clause (d):
	(d.1)	"pressure vessel" means any boiler, vessel or 
apparatus and their connected pipes while under 
pressure or while in use or operation, but does not 
include any tank with an internal diameter of 610 
mm or less used for storage of hot water or any 
vessel if the maximum internal working pressure 
of the vessel does not exceed 103 kilopascals 
above atmospheric pressure;
	(b)	in subsection (3) 
	(i)	in clause (a) by adding the following after 
subclause (vi):
	(vii)	explosion of any pressure vessel, gas turbine or 
any moving or rotating machinery or its parts;
	(ii)	by adding the following after clause (b):
	(c)	in respect of property insured under a contract of 
boiler and machinery insurance, explosion of gas 
or unconsumed fuel within any furnace or within 
the passage from a furnace or pressure vessel to 
the atmosphere.



Alberta Regulation 130/2012
Builders' Lien Act
BUILDERS' LIEN FORMS AMENDMENT REGULATION
Filed: July 25, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 263/2012) 
on July 25, 2012 pursuant to section 70 of the Builders' Lien Act. 
1   The Builders' Lien Forms Regulation (AR 51/2002) is 
amended by this Regulation.

2   Section 9 is amended by striking out "August 31, 2012" 
and substituting "August 31, 2015".


--------------------------------
Alberta Regulation 131/2012
Railway (Alberta) Act
PUBLIC RAILWAY (EXPIRY DATE) AMENDMENT REGULATION
Filed: July 26, 2012
For information only:   Made by the Minister of Transportation (M.O. 24/12) on July 
18, 2012 pursuant to section 30 of the Railway (Alberta) Act. 
1   The Public Railway Regulation (AR 177/2002) is amended 
by this Regulation.

2   Section 45 is amended by striking out "August 31, 2012" 
and substituting "August 31, 2017".


--------------------------------
Alberta Regulation 132/2012
Government Organization Act
REGISTRY SERVICES (NON-PAYMENT OF FEES) 
AMENDMENT REGULATION
Filed: July 30, 2012
For information only:   Made by the Minister of Service Alberta (M.O. SA:018/2012) 
on July 25, 2012 pursuant to section 12(1)(j) of Schedule 12 of the Government 
Organization Act. 
1   The Registry Services (Non-Payment of Fees) Regulation 
(AR 28/98) is amended by this Regulation.

2   Section 7 is amended by striking out "July 31, 2012" and 
substituting "July 31, 2017".


--------------------------------
Alberta Regulation 133/2012
Marketing of Agricultural Products Act
ALBERTA OAT GROWERS COMMISSION PLAN REGULATION
Filed: July 30, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 265/2012) 
on July 30, 2012 pursuant to sections 16 and 17 of the Marketing of Agricultural 
Products Act. 
Table of Contents
	1	Definitions
	2	Designation of agricultural product
Part 1 
General Operation of Plan
Division 1 
Plan
	3	Plan established
	4	Termination of Plan
	5	Application of Plan
	6	Purpose of Plan
Division 2 
Operation of Plan by Commission
	7	Commission established
	8	Functions of Commission
	9	Operation of Plan re regulations
	10	Financing of Plan
	11	Service charges refundable
	12	Collection of service charge
	13	Auditor
	14	Indemnification fund
	15	Honorary memberships, etc.
Part 2 
Governance of Plan
Division 1 
Producers
	16	Eligible producers
	17	General rights of eligible producers
	18	Eligible producers who are individuals
	19	Eligible producers that are not individuals
	20	Annual Commission meeting
	21	Special Commission meetings
	22	Calling of meetings
	23	Quorum
Division 2 
Board of Directors
	24	Board of directors
	25	Responsibilities of board of directors
	26	Chair and other officers
	27	Term of office
	28	Removal from office
	29	Filling vacancies by appointment
Part 3 
Voting and Elections
	30	Election of directors
	31	Election of director by mail ballot
	32	Eligibility re director
	33	Quorum
	34	Eligibility to vote
	35	Must be on list of eligible producers
	36	Returning officer
	37	Tie votes
	38	Controverted election
Part 4 
Transitional Provisions  
and Review
	39	Transitional re directors
	40	Review
	41	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Marketing of Agricultural Products Act;
	(b)	"annual Commission meeting" means an annual general 
meeting of the directors and the eligible producers;
	(c)	"assets" means economic resources controlled by the body as 
a result of past transactions and from which future economic 
benefits may be obtained;
	(d)	"auditor" means a person registered under the Regulated 
Accounting Profession Act or a firm or partnership of those 
persons;
	(e)	"board" means the board of directors of the Commission;
	(f)	"Commission" means the Alberta Oat Growers Commission 
established under section 7;
	(g)	"Council" means the Alberta Agricultural Products 
Marketing Council;
	(h)	"crop year" means the period from August 1 of one year to 
July 31 of the following year;
	(i)	"dealer" means a person or business operation purchasing or 
acquiring regulated product from a producer and includes, 
but is not limited to,
	(i)	elevator companies, grain companies, grain dealers, 
food processors, feed manufacturers and livestock 
feeders, and
	(ii)	persons who acquire regulated product from the 
producer for sale on the producer's behalf;
	(j)	"directors" means the board of directors of the Commission;
	(k)	"eligible producer" means a producer who qualifies as an 
eligible producer under section 16;
	(l)	"fiscal year" means a year commencing on August 1 and 
concluding on July 31;
	(m)	"investment" means a commitment of assets in order to gain 
a financial return but does not include an expenditure of 
assets for the purposes of research and development or 
current operations;
	(n)	"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;
	(o)	"oat" means any seed produced by or any part of the oat plant 
Avena sativa L.;
	(p)	"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);
	(q)	"producer" means a person who
	(i)	grows oats for sale on one or more parcels of land in 
Alberta, or
	(ii)	is entitled, pursuant to a crop share arrangement, to a 
share of oats that are grown on the land located in 
Alberta;
	(r)	"regulated product" means oats;
	(s)	"special Commission meeting" means a special general 
meeting of the directors and the eligible producers.
Designation of agricultural product
2   Oats are designated as an agricultural product for the purposes of 
the Act.
Part 1 
General Operation of Plan
Division 1 
Plan
Plan established
3   There is hereby established a plan with the name "Alberta Oat 
Growers Commission Plan".
Termination of Plan
4   This Plan does not terminate at the conclusion of a specific period 
of time and remains in force unless otherwise terminated pursuant to 
the Act.
Application of Plan
5   This Plan applies
	(a)	to all of Alberta,
	(b)	to all producers in Alberta who produce or market the 
regulated product, and
	(c)	for the purposes of sections 9(a), (b), (c) and (f) and 12,
	(i)	to dealers, and
	(ii)	to any persons who are not producers or dealers and 
who market or process the regulated product.
Purpose of Plan
6(1)  The purpose of this Plan is to do the following:
	(a)	to initiate and carry out projects or programs related to 
research and studies with respect to the production and 
handling of oats, including research and studies concerning 
the development and use of oats that improve the demand, 
agronomic competitiveness and profitability of oats to 
improve profitability and end use demand;
	(b)	to assist, educate and inform producers, dealers and 
processors in developing and improving methods regarding 
the production and processing of oats;
	(c)	to initiate and carry out advertising programs, sales 
promotion programs and consumer education programs to 
expand the market awareness and demand for oats and oat 
products, both within Alberta and in export markets;
	(d)	to assist generally in the development and promotion of the 
oats industry in Alberta;
	(e)	to advise governments on matters concerning the oats 
industry;
	(f)	to co-operate with the Government of Canada and the 
Government of Alberta with respect to the maintenance of 
the quality and standards of the regulated product;
	(g)	to participate in programs under the Advance Payments for 
Crops Act (Canada);
	(h)	to work with any organization that has similar objectives to 
those of the Commission.
(2)  Under this Plan neither the production nor the marketing of the 
regulated product is to be controlled or regulated.
Division 2 
Operation of Plan by Commission
Commission established
7   There is hereby established a commission with the name "Alberta 
Oat Growers Commission".
Functions of Commission
8(1)  The Commission
	(a)	is, subject to the Act, responsible for the operation, 
regulation, supervision and enforcement of this Plan;
	(b)	must
	(i)	open one or more accounts in a bank, trust company, 
treasury branch, credit union or other depository, 
	(ii)	designate such officers, employees and other persons as 
are necessary to transact the Commission's business, 
and
	(iii)	generally do anything that is incidental to or in 
connection with the transaction of the business of the 
Commission with its bank, trust company, treasury 
branch, credit union or other depository;
	(c)	when investing its assets must make prudent investments in 
accordance with the requirements of section 3 of the Trustee 
Act respecting the investment of assets and may delegate to 
an agent in accordance with section 5(1) to (3) of that Act;
	(d)	must establish policies respecting the management of its 
assets as required by the Operation of Boards and 
Commissions Regulation (AR 26/99);
	(e)	may enter into an operating line of credit or other loan 
agreement with its bank, trust company, treasury branch, 
credit union or other lending institution;
	(f)	must maintain such books and records, including financial 
records, 
	(i)	as from time to time may be required under the Act, the 
regulations or by virtue of any order of the Council, or
	(ii)	as may be determined by the Commission;
	(g)	must maintain a head office, the location of which, at all 
times, is to be made known to each eligible producer;
	(h)	may appoint or contract with officers, employees and agents, 
prescribe their duties and fix their remuneration;
	(i)	subject to the Act, the regulations and any orders of the 
Council, may issue such general orders governing the 
Commission's internal operation as it may from time to time 
determine;
	(j)	may become a member of any agricultural organization;
	(k)	may contribute funds to any agricultural organization that has 
objectives similar to the objectives of the Commission;
	(l)	may, in accordance with section 50 of the Act, be authorized 
to perform any function or duty and exercise any power 
imposed or conferred on the Commission by or under the 
Agricultural Marketing Programs Act (Canada);
	(m)	subject to section 11, to finance the purposes of the Plan, 
may retain earnings and revenues from year to year.
(2)  The books and records referred to in subsection (1)(f) are to be 
open for inspection at the office of the Commission at all reasonable 
times on the written request of a member of the Council.
Operation of Plan re regulations
9   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 any person who produces, markets or processes the 
regulated product to furnish to the Commission any 
information or record relating to the production, marketing or 
processing of the regulated product that the Commission 
considers necessary;
	(b)	requiring persons other than producers to be licensed under 
this Plan before they become engaged in the marketing and 
processing, or either of those functions, of the regulated 
product;
	(c)	governing the issuance, suspension or cancellation of a 
licence issued under this Plan;
	(d)	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;
	(e)	respecting the circumstances, if any, under which a service 
charge may be refundable to a producer; 
	(f)	requiring any person who receives the regulated product from 
a producer
	(i)	to deduct from the money payable to the producer any 
service charges payable by the producer to the 
Commission, and
	(ii)	to forward the amount deducted to the Commission;
	(g)	providing for the use of any class of service charges 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.
Financing of Plan
10(1)  In accordance with the regulations,
	(a)	this Plan is to be financed 
	(i)	by the charging and collection of service charges from 
producers, and
	(ii)	by any other money payable to or received or accrued 
by the Commission;
	(b)	the Commission may, from time to time, change the amount 
of the service charge, but the change will not be effective 
until it has been approved by a majority of the eligible 
producers at an annual Commission meeting or a special 
Commission meeting. 
(2)  The initial amount of the service charge to be established after the 
coming into force of this Plan is to be established by the Commission 
and must be approved by the Council before it becomes effective.  
Service charges refundable
11(1)  In accordance with the regulations,
	(a)	the service charge is refundable to a producer on request of 
the producer;
	(b)	the request for a refund of the service charge must
	(i)	be made in writing on a form established by the 
Commission, and
	(ii)	contain the following information:
	(A)	the producer's name;
	(B)	the producer's mailing address, telephone number 
and, if available, e-mail address;
	(C)	a copy of the original cash ticket showing the total 
dollar amount, the quantity of regulated product 
sold and the deduction of the service charge;
	(D)	the name, mailing address, telephone number and, 
if available, e-mail address of any dealer who 
collected the service charge on behalf of the 
producer;
	(E)	the legal land description of the land where the 
regulated product was grown;
	(F)	the amount of the service charge deducted;
	(G)	any specifics of the refund request;
	(c)	requests for refunds must be received by the Commission at 
its head office 
	(i)	prior to the end of August, for service charges collected 
during the period commencing on the previous February 
1 and ending on July 31, and
	(ii)	prior to the end of February, for service charges 
collected during the period commencing on the previous 
August 1 and ending on January 31;
	(d)	any request for a refund that is not received by the 
Commission within the time periods specified under clause 
(c) shall not, subject to clause (e), be considered by the 
Commission and the producer will not be entitled to a refund 
in respect of the service charge in question;
	(e)	the Commission may consider an application for a refund 
that is received after the applicable time period referred to in 
clause (c) if the Commission is satisfied that extenuating 
circumstances exist; 
	(f)	the Commission must refund the service charge to the 
producer within 90 days from the end of the period in which 
the request for a refund of the service charge is received, if 
the request complies with the regulations.
(2)  In the event that within one crop year
	(a)	the eligible producers requesting refunds of the service 
charge comprise more than 35% of existing eligible 
producers, and
	(b)	those eligible producers requesting a refund in clause (a) 
account for at least 35% of the service charges collected 
during the current crop year,
the continued operation of this Plan is to be subject to the approval of a 
majority of the eligible producers of the regulated product at a 
plebiscite to be held under the direction of the Council pursuant to the 
Act.
(3)  The Commission must, within 90 days following the end of a crop 
year, report to the Council the refunds made under this section for that 
crop year.
Collection of service charge
12   In accordance with the regulations,
	(a)	all dealers who
	(i)	purchase regulated product from a producer, or
	(ii)	acquire regulated product from a producer for sale on 
the producer's behalf
		must collect the service charge for the regulated product by 
deducting from any proceeds payable to or on behalf of the 
producer the amount of the service charge;
	(b)	any person who receives proceeds on behalf of the producer 
with respect to the sale by the producer of regulated product 
must collect the service charge for the regulated product by 
deducting from the proceeds payable to or on behalf of the 
producer the amount of the service charge;
	(c)	any person who collects a service charge must pay the 
amount of the service charge to the Commission within 45 
days from the end of the month within which the service 
charge was collected;
	(d)	all persons required under this Plan to collect and pay to the 
Commission the service charge payable by a producer must
	(i)	pay the service charge to the Commission, and
	(ii)	provide to the Commission, for each producer, a 
summary detailing
	(A)	the amount of regulated product obtained from the 
producer,
	(B)	the amount of the service charge being paid on 
behalf of the producer, and
	(C)	the name, mailing address, telephone number and, 
if available, e-mail address of the producer.
Auditor
13   The auditor for the Commission is to be appointed from time to 
time at an annual Commission meeting or a special Commission 
meeting.
Indemnification fund
14   A fund shall not be established under section 34 or 35 of the Act.
Honorary memberships, etc.
15   The Commission may establish non-voting associate, industry, 
affiliate or honorary memberships under this Plan to provide interested 
individuals or organizations with the opportunity to contribute to the 
efforts of the Commission.
Part 2 
Governance of Plan
Division 1 
Producers
Eligible producers
16   For the purposes of this Plan,
	(a)	any producer who has paid a service charge under this Plan 
in a crop year is an eligible producer for that crop year;
	(b)	the Commission must maintain a list of eligible producers;
	(c)	all producers who can be identified by the Commission as 
having paid a service charge under this Plan during a crop 
year are to be included on the list of eligible producers for 
that crop year;
	(d)	any producer who is not listed on the Commission's list of 
eligible producers must be added to the list where the 
producer can provide proof to the Commission that the 
producer has paid a service charge under this Plan in the crop 
year for which the application is made;
	(e)	once a producer is listed with the Commission as an eligible 
producer, the producer continues to be recognized as an 
eligible producer from crop year to crop year, unless the 
eligible producer ceases to pay a service charge under this 
Plan in 2 subsequent crop years, in which case the producer 
ceases to be an eligible producer;
	(f)	where a producer ceases to be an eligible producer under 
clause (e), the producer is entitled to again become an 
eligible producer for any crop year in which the producer 
pays a service charge under this Plan.
General rights of eligible producers
17   In accordance with and subject to this Plan, an eligible producer is 
entitled, as a matter of right,
	(a)	to attend annual Commission meetings and special 
Commission meetings;
	(b)	to make representations on any matter pertaining to this Plan, 
the Commission and the board;
	(c)	to vote on any matter under this Plan;
	(d)	to vote in any election for directors;
	(e)	to hold office as a director;
	(f)	to vote in any plebiscites of producers held under the Act.
Eligible producers who are individuals
18   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 17.
Eligible producers that are not individuals
19(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 17.
(2)  An eligible producer to which this section applies must appoint an 
individual to be the representative of the producer.
(3)  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 17.
(4)  If an eligible producer is
	(a)	a corporation, it must appoint an individual who is a director, 
shareholder, member, officer or employee of the corporation 
as its representative,
	(b)	a partnership, it must appoint an individual who is a partner 
or employee of the partnership as its representative, or
	(c)	an organization other than a corporation or a partnership, it 
must appoint an individual who is a member, officer or 
employee of the organization as its representative.
(5)  An appointment of a representative under this section must be
	(a)	in writing, and
	(b)	in the case where a vote is to be taken at a meeting, filed with 
the returning officer prior to the calling to order of the 
meeting at which a vote is to take place.
(6)  An individual who is the representative of an eligible producer 
shall not cast a vote under this Plan unless 
	(a)	the individual presents a document signed by the eligible 
producer indicating the name of the person who may vote for 
the eligible producer, or 
	(b)	the individual makes a statutory declaration in writing stating 
that 
	(i)	the individual is a representative of the eligible 
producer, and
	(ii)	the individual has not previously voted in the election or 
on the matter in respect of which the individual wishes 
to cast a vote.
(7)  A statutory declaration made under subsection (6)(b) must be 
made in writing before the returning officer or the deputy returning 
officer prior to the vote being cast.  
(8)  An individual cannot at any one time be a representative under this 
section for more than one eligible producer.  
(9)  A representative shall not vote or hold office before the 
representative's appointment is filed in accordance with subsection (5).
Annual Commission meeting
20(1)  An annual Commission meeting must be held for the purposes 
of providing the following to the eligible producers:
	(a)	information with respect to the Commission;
	(b)	an opportunity to provide suggestions and recommendations 
to the board.
(2)  An annual Commission meeting must be held
	(a)	once in each crop year, and
	(b)	within 15 months following the date of the commencement 
of the last annual Commission meeting.
Special Commission meetings
21   The Commission must hold a special Commission meeting 
	(a)	when requested to do so by the Council, or
	(b)	on the written request of not less than 30% of the eligible 
producers.
Calling of meetings
22(1)   The Commission shall set the time, place and date of any 
annual Commission meeting or special Commission meeting.
(2)  The Commission must
	(a)	in the case of an annual Commission meeting, notify the 
eligible producers of the annual Commission meeting at least 
21 days before that meeting is to be held, and
	(b)	in the case of a special Commission meeting, notify the 
eligible producers of the special Commission meeting at least 
21 days before that meeting is to be held.
(3)   The notice under subsection (2) must state the time, place, date 
and purpose of the meeting.
(4)   The Commission may provide notice under this section in any 
form or in any manner the Commission considers appropriate.
Quorum
23   The quorum necessary for the conduct of business at an annual 
Commission meeting or a special Commission meeting is not fewer 
than 15 eligible producers.
Division 2 
Board of Directors
Board of directors
24(1)  The Commission shall have a board of directors consisting of a 
minimum of 6 directors.
Responsibilities of board of directors
25(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.
(2)  The board has the power to do all things that are necessary to carry 
out the purpose of this Plan and the responsibilities and authority of the 
Commission.
(3)  The board may authorize any person, entity or committee to 
exercise any of the powers of the board 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,
	(a)	that person, entity or committee is to report back to the board 
with respect to the exercise of that power, and
	(b)	the board retains a supervisory function to oversee the 
actions of that person, entity or committee in the exercise of 
that power.
Chair and other officers
26(1)  Following the annual Commission meeting in each year, the 
directors shall elect from among the members of the board the officers 
of the Commission, including the chair and vice-chair of the 
Commission.
(2)  The remuneration to be paid to the directors and officers of the 
Commission may, from time to time, be prescribed by the board.
Term of office
27(1)  Each director may 
	(a)	hold office for a term of up to 3 years, and
	(b)	only hold office for a maximum of 3 consecutive terms.
(2)  Notwithstanding subsection (1)(b), an eligible producer who was a 
director is once again eligible to be elected as a director if at least one 
year has elapsed since that eligible producer's last term as a director 
concluded.
(3)  The term of office of a director 
	(a)	commences on the conclusion of the annual Commission 
meeting at which the director was declared elected, and
	(b)	expires on the conclusion of the annual Commission meeting 
that takes place in the year that the director's term of office is 
to expire.
Removal from office
28(1)  The board may, on a motion passed by two-thirds of the 
directors currently in office at a special or regular meeting of the 
board, remove a director from office if the director fails to abide by 
any of the Commission's policies.
(2)  Where a majority of the directors vote in favour of a motion to 
remove the chair or vice-chair of the Commission, that person's 
position as chair or vice-chair of the Commission on the passing of the 
motion becomes vacant.
Filling vacancies by appointment
29(1)  If a vacancy occurs on the board, the remaining directors may, 
with the approval of the Council, appoint an individual to fill the 
position from among the eligible producers who are eligible to be 
elected as a director.
(2)  Where an individual is appointed as a director to fill a vacancy, 
that director is to serve for the unexpired portion of the term.
(3)  Where
	(a)	in accordance with this section a person is appointed to fill a 
vacancy, and
	(b)	the term of office served by that person pursuant to that 
appointment is not greater than 18 months,
the time served by that person as a director pursuant to that 
appointment is not to be taken into consideration for the purposes of 
section 27.
(4)  If the Council declares an election invalid, the Council may
	(a)	direct that the Commission fill the vacancy pursuant to this 
section, or
	(b)	direct that another election be held.
Part 3 
Voting and Elections
Election of directors
30(1)  The election for directors is to be conducted, subject to section 
38(5), at the annual Commission meeting.
(2)  The Commission is to solicit nominations for the position of 
director 
	(a)	by publishing a notice in the Commission's newsletter, or
	(b)	by any others means of notice that the board determines.
(3)  A nomination referred to in subsection (2) must be
	(a)	in writing and filed at the Commission's office by a date 
fixed by the Commission,
	(b)	 signed by at least 3 eligible producers, and
	(c)	accompanied by the written consent of the eligible producer 
who is being nominated as a director.
Election of director by mail ballot
31(1)  Notwithstanding section 30, the Commission may direct that 
the election of a director be carried out by means of a mail ballot.
(2)  Where an election is to be carried out by means of a mail ballot,
	(a)	subsections (2) and (3) but not (1) of section 30 apply to the 
election;
	(b)	the mail ballot must be designed for a secret vote;
	(c)	the election must be conducted in such a manner so as to 
ensure a secret vote;
	(d)	a mail ballot must be made available to each eligible 
producer by being mailed to each eligible producer at least 30 
days prior to the ballot closing date;
	(e)	the ballot closing date
	(i)	is to be fixed by the Commission, and
	(ii)	must be a date that is within 42 days immediately 
preceding the annual Commission meeting.
(3)  If the eligible producers fail to elect a director by means of a mail 
ballot, the election of the director is to be held at the next annual 
Commission meeting that is held after the time at which election by 
means of a mail ballot was to have been held.
Eligibility re director
32   To be eligible as a director a person must be an eligible producer.
Quorum
33(1)  At a meeting of the board, the quorum necessary for the 
conduct of business is a majority of the directors holding office at the 
time.
(2)  In determining a quorum under subsection (1), vacant positions on 
the board shall not be considered.
Eligibility to vote
34(1)  An eligible producer is eligible to vote 
	(a)	on any question put to a vote at an annual Commission 
meeting or a special Commission meeting if the eligible 
producer is present at the meeting at which the vote is held, 
	(b)	in any election for a director that is conducted at an annual 
Commission meeting if the eligible producer is present at the 
meeting and eligible to vote in such an election, and
	(c)	in an election for a director that is conducted by means of a 
mail ballot.
(2)  An eligible producer, irrespective as to whether the eligible 
producer is or is not an individual, may vote once only on each matter 
put to a vote.
(3)  An eligible producer may vote once on each matter, 
notwithstanding that the eligible producer may manage or operate or 
own, lease or hold equity in 2 or more operations.
Must be on list of eligible producers
35   An eligible producer shall only cast a vote under this Plan if the 
eligible producer's name appears on the current list of eligible 
producers.
Returning officer
36(1)  The Commission is to 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 
	(a)	must compile and maintain a voters list of eligible producers 
who are entitled to vote under this Plan,
	(b)	is to ensure that a person does not cast a vote, except in 
accordance with this Plan, and
	(c)	must permit scrutiny of the actions of the returning officer 
and the deputy returning officers by a scrutineer in respect of 
the conduct of a vote taken under this Plan.
(4)  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.
Tie votes
37  If there occurs a tie vote for the position of director, the returning 
officer or deputy returning officer must immediately select by a draw, 
drawn from the names of all the tied candidates, the name of the 
candidate to fill the position and the person whose name is drawn is 
deemed to have been elected to that position.
Controverted election
38(1)  If an eligible producer 
	(a)	questions
	(i)	the eligibility of a candidate,
	(ii)	the eligibility of a voter,
	(iii)	any matter relating to a ballot or the tabulation of 
ballots, or
	(iv)	any other irregularity with respect to the conduct of an 
election,
		and
	(b)	seeks to have the election declared invalid and the position 
declared vacant,
the eligible producer may, not later than 15 days after the day on which 
the election was held, apply in writing to the Council to have the 
election declared invalid and the position declared vacant.
(2)  If, within the 15-day period referred to in subsection (1), the 
Council has not received an application under subsection (1), a person 
elected at that election is deemed to be duly elected.
(3)  On receipt of an application under subsection (1), the Council must 
consider the matter and may
	(a)	declare the election to be proper and the position filled, if, in 
the opinion of the Council, there is no basis for the 
application,
	(b)	declare the election to be proper and the position filled, 
notwithstanding that there is a basis for the application, if, in 
the opinion of the Council,
	(i)	the basis for the application did not materially affect the 
result of the election, and
	(ii)	the election was conducted substantially in accordance 
with this Plan and the Act,
		or
	(c)	declare the election to be void and the position vacant, if, in 
the opinion of the Council, there is a basis for the application 
and 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 voided election was held.
(5)  If the Council declares an election to be void and the position 
vacant, the Council may
	(a)	order that, within the time that the Council considers proper, 
a special Commission meeting 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 individual to fill the vacant 
position.
(6)  Where a person fills a position under subsection (5), that person is 
to serve for the unexpired portion of the term.
Part 4 
Transitional Provisions and Review
Transitional re directors
39(1)  Notwithstanding section 27(1), at the initial election for 
directors and regional representatives held after this Plan comes into 
force,
	(a)	a maximum of 2 directors are to be elected for a term of 3 
years,
	(b)	a maximum of 2 directors are to be elected for a term of 2 
years, and
	(c)	a minimum of 2 directors are to be elected for a term of 1 
year.
(2)  At the conclusion of the terms referred to in subsection (1), 
directors are to be elected for a term of office in accordance with 
section 27(1).
(3)  In determining under section 27 whether an eligible producer is 
eligible to be a director, the term of office served under section 
27(1)(a) or (b) is to be considered as a term of office.
Review
40   In compliance with the ongoing regulatory review initiative, this 
Regulation must be reviewed on or before July 31, 2017.
Coming into force
41   This Regulation comes into force on August 1, 2012.


--------------------------------
Alberta Regulation 134/2012
Marketing of Agricultural Products Act
ALBERTA WHEAT COMMISSION PLAN REGULATION
Filed: July 30, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 266/2012) 
on July 30, 2012 pursuant to sections 16 and 17 of the Marketing of Agricultural 
Products Act. 
Table of Contents
	1	Definitions
	2	Designation of agricultural product
Part 1 
General Operation of Plan
Division 1 
Plan
	3	Plan established
	4	Termination of Plan
	5	Application of Plan
	6	Purpose of Plan
Division 2 
Operation of Plan by Commission
	7	Commission established
	8	Functions of Commission
	9	Operation of Plan re regulations
	10	Financing of Plan
	11	Service charges refundable
	12	Collection of service charge
	13	Auditor
	14	Indemnification fund
	15	Honorary memberships, etc.
Part 2 
Governance of Plan
Division 1 
Producers
	16	Eligible producers
	17	General rights of producers
	18	Eligible producers who are individuals
	19	Producers that are not individuals
	20	Annual Commission meeting
	21	Special Commission meetings
	22	Calling of meetings
	23	Quorum
Division 2 
Regions
	24	Regions
	25	Regional representatives
	26	Annual region meeting
Division 3 
Board of directors
	27	Board of directors
	28	Director-at-large
	29	Responsibilities of board of directors
	30	Quorum
	31	Committees
	32	Chair and other officers
	33	Term of office
	34	Removal from office
	35	Filling vacancies by appointment
Part 3 
Voting and Elections
	36	Election of directors
	37	Eligibility to vote
	38	Must be on list of eligible producers
	39	Returning officer
	40	Tie votes
	41	Controverted election
Part 4 
Transitional Provisions,  
Review and Repeal
	42	Transitional re directors
	43	Transitional
	44	Review
	45	Repeal
	46	Coming into force 
 
Schedule
Definitions
1   In this Regulation,
	(a)	"Act" means the Marketing of Agricultural Products Act;
	(b)	"annual Commission meeting" means an annual general 
meeting of the directors and the eligible producers;
	(c)	"assets" means economic resources controlled by the board 
of the Commission as a result of past transactions and from 
which future economic benefits may be obtained;
	(d)	"auditor" means a person registered under the Regulated 
Accounting Profession Act or a firm or partnership of those 
persons;
	(e)	"board" means the board of directors of the Commission;
	(f)	"Commission" means the Alberta Wheat Commission 
established under section 7;
	(g)	"Council" means the Alberta Agricultural Products 
Marketing Council;
	(h)	"dealer" means a person or business operation purchasing or 
acquiring regulated product from a producer and includes, 
but is not limited to,
	(i)	elevator companies, grain companies, grain dealers and 
grain brokers, 
	(ii)	processors and manufacturers of food, feed, fibre, fuel 
and industrial products,
	(iii)	livestock and poultry producers and feeders who 
purchase or acquire regulated product from other 
producers, and
	(iv)	persons who acquire regulated product from the 
producer for sale on the producer's behalf;
	(i)	"directors" means the board of directors of the Commission;
	(j)	"eligible producer" means a producer who qualifies as an 
eligible producer under section 16;
	(k)	"fiscal year" means a year commencing on August 1 and 
concluding on July 31;
	(l)	"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;
	(m)	"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);
	(n)	"producer" means a person who
	(i)	grows wheat for sale on land in Alberta, or
	(ii)	is entitled, pursuant to a crop share arrangement, to a 
share of the wheat that is grown on the land located in 
Alberta;
	(o)	"regulated product" means wheat;
	(p)	"special Commission meeting" means a special general 
meeting of the directors and the eligible producers;
	(q)	"wheat" means any wheat that falls under the genus and 
species TRITICUM AESTIVUM L. em THELL and 
includes, but is not limited to cultivars of the following wheat 
classes that fall under the Canada Grain Regulations (CRC, 
c. 889), including all eligible grades of these wheat classes as 
specified by the Canadian Grain Commission grade 
standards, including tough, damp and feed wheat:
	(i)	Canada Western Red Spring;
	(ii)	Canada Western Amber Durum;
	(iii)	Canada Western Soft White Spring;
	(iv)	Canada Western Red Winter;
	(v)	Canada Western Extra Strong;
	(vi)	Canada Prairie Spring Red;
	(vii)	Canada Western General Purpose;
	(viii)	Canada Prairie Spring White;
	(ix)	Canada Western Hard White Spring;
	(r)	"wheat class" means the class of wheat specified in the 
Canada Grains Act and the Canada Grain Regulations 
(CRC, c. 889).
Designation of agricultural product
2   Wheat is designated as an agricultural product for the purposes of 
the Act.
Part 1 
General Operation of Plan
Division 1 
Plan
Plan established
3   There is hereby established a plan with the name "Alberta Wheat 
Commission Plan".
Termination of Plan
4   This Plan does not terminate at the conclusion of a specific period 
of time and remains in force unless otherwise terminated pursuant to 
the Act.
Application of Plan
5   This Plan applies
	(a)	to all of Alberta,
	(b)	to all producers in Alberta who produce or market the 
regulated product, and
	(c)	for the purposes of sections 9(a), (b), (c), (f) and (h) and 12,
	(i)	to dealers, and
	(ii)	to any persons who are not producers or dealers and 
who market or process the regulated product.
Purpose of Plan
6(1)  The purpose of this Plan is to do the following:
	(a)	to initiate and carry out projects or programs related to 
research and studies with respect to the production and 
handling of wheat, including research and studies concerning 
the development and use of wheat that improves the demand, 
agronomic competitiveness and profitability of wheat;
	(b)	to assist, educate and inform producers, dealers and others in 
developing and improving methods regarding the production 
and processing of wheat;
	(c)	to initiate and carry out programs, including sale promotion 
programs and consumer education programs to expand the 
market awareness and demand for wheat and wheat products, 
both within Alberta and export markets;
	(d)	to assist generally in the development and promotion of the 
wheat industry in Alberta;
	(e)	to advise governments on matters concerning the wheat 
industry;
	(f)	to co-operate with the Government of Canada and the 
Government of Alberta with respect to the maintenance of 
the quality and standards of the regulated product;
	(g)	to work with any organization that has similar objectives to 
those of the Commission.
(2)  Under this Plan neither the production nor the marketing of the 
regulated product is to be controlled or regulated.
Division 2 
Operation of Plan by Commission
Commission established
7   There is hereby established a commission with the name "Alberta 
Wheat Commission".
Functions of Commission
8(1)  The Commission
	(a)	is, subject to the Act, responsible for the operation, 
regulation, supervision and enforcement of this Plan;
	(b)	must
	(i)	open one or more accounts in a bank, trust company, 
treasury branch, credit union or other depository, 
	(ii)	designate such officers, employees and other persons as 
are necessary to sign cheques and transact the 
Commission's business, and
	(iii)	generally do anything that is incidental to or in 
connection with the transaction of the business of the 
Commission with its bank, trust company, treasury 
branch, credit union or other depository;
	(c)	when investing its assets must make prudent investments in 
accordance with the requirements of section 3 of the Trustee 
Act respecting the investment of assets and may delegate to 
an agent in accordance with section 5(1) to (3) of that Act;
	(d)	must establish policies respecting the management of its 
assets as required by the Operation of Boards and 
Commissions Regulation (AR 26/99);
	(e)	may enter into an operating line of credit or other loan 
agreement with its bank, trust company, treasury branch, 
credit union or other lending institution;
	(f)	must maintain such books and records, including financial 
records, 
	(i)	as from time to time may be required under the Act, the 
regulations or by virtue of any order of the Council, or
	(ii)	as may be determined by the Commission;
	(g)	must maintain a head office, the location of which, at all 
times, is to be made known to each eligible producer;
	(h)	may appoint or contract with officers, employees and agents, 
prescribe their duties and fix their remuneration;
	(i)	subject to the Act, may issue administrative orders and 
directions governing the Commission;
	(j)	may become a member of any agricultural organization;
	(k)	may contribute funds to any agricultural organization that has 
objectives similar to the objectives of the Commission;
	(l)	may, in accordance with section 50 of the Act, be authorized 
to perform any function or duty and exercise any power 
imposed or conferred on the Commission by or under the 
Agricultural Marketing Programs Act (Canada) or the 
Canada Grains Act;
	(m)	subject to section 11, to finance the purposes of the Plan, 
may retain earnings and revenues from year to year.
(2)  The books and records referred to in subsection (1)(f) are to be 
open for inspection at the office of the Commission at all reasonable 
times on the written request of a member of the Council.
Operation of Plan re regulations
9   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 any person who produces, markets or processes the 
regulated product to furnish to the Commission any 
information or record relating to the production, marketing or 
processing of the regulated product that the Commission 
considers necessary;
	(b)	requiring persons other than producers to be licensed under 
this Plan before they become engaged in the marketing and 
processing, or either of those functions, of the regulated 
product;
	(c)	governing the issuance, suspension or cancellation of a 
licence issued under this Plan;
	(d)	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;
	(e)	respecting the circumstances, if any, under which a service 
charge may be refundable to a producer; 
	(f)	requiring any person who receives the regulated product from 
a producer
	(i)	to deduct from the money payable to the producer any 
service charges payable by the producer to the 
Commission, and
	(ii)	to forward the amount deducted to the Commission;
	(g)	providing for the use of any class of service charges 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;
	(h)	prohibiting persons from engaging in the marketing or 
processing, as the case may be, of a regulated product except 
under the authority of a licence issued under this plan.
Financing of Plan
10(1)  In accordance with the regulations,
	(a)	this Plan is to be financed 
	(i)	by the charging and collection of service charges from 
producers, and
	(ii)	by any other money payable to or received or accrued 
by the Commission;
	(b)	the Commission may, from time to time, change the amount 
of the service charge, but the change will not be effective 
until it has been approved by a majority of the eligible 
producers at an annual Commission meeting or a special 
Commission meeting. 
(2)  The initial amount of the service charge to be established after the 
coming into force of this Plan is to be established by the Commission 
and must be approved by the Council before it becomes effective.  
Service charges refundable
11(1)  In accordance with the regulations,
	(a)	the service charge is refundable to a producer on request of 
the producer;
	(b)	the request for a refund of the service charge must
	(i)	be made in writing on a form established by the 
Commission, and
	(ii)	contain the following information:
	(A)	the producer's name;
	(B)	the producer's mailing address, telephone number 
and, if available, e-mail address;
	(C)	the wheat class or wheat classes of the regulated 
product sold;
	(D)	the total quantity of the regulated product sold in 
metric tonnes or portion thereof and the total 
amount of the service charge deducted;
	(E)	the name, mailing address, telephone number and 
if available, e-mail address of any dealer who 
collected the service charge on behalf of the 
producer;
	(F)	any other information in respect of the refund that 
is requested by the Commission;
	(G)	the legal land description of the land where the 
regulated product was grown;
	(c)	requests for refunds must be received by the Commission at 
its head office 
	(i)	prior to the end of August, for service charges collected 
during the period commencing on the previous February 
1 and ending on July 31, and
	(ii)	prior to the end of February, for service charges 
collected during the period commencing on the previous 
August 1 and ending on January 31;
	(d)	any request for a refund that is not received by the 
Commission within the time periods specified under clause 
(c) shall not be considered by the Commission and the 
producer will not be entitled to a refund in respect of the 
service charge in question;
	(e)	the Commission must refund the service charge to the 
producer within 90 days from the end of the period in which 
the request for a refund of the service charge is received, if 
the request complies with the regulations.
(2)  In the event that within one fiscal year
	(a)	the eligible producers requesting refunds of the service 
charge comprise more than 35% of existing eligible 
producers, and
	(b)	those eligible producers requesting a refund in clause (a) 
account for at least 35% of the service charges collected 
during the current fiscal year,
the continued operation of this Plan is to be subject to the approval of a 
majority of the eligible producers of the regulated product at a 
plebiscite to be held under the direction of the Council pursuant to the 
Act.
(3)  The Commission must, within 90 days following the end of a 
fiscal year, report to the Council the refunds made under this section 
for that fiscal year.
Collection of service charge
12   In accordance with the regulations,
	(a)	all dealers who
	(i)	purchase regulated product from a producer, or
	(ii)	acquire regulated product from a producer for sale on 
the producer's behalf
		must collect the service charge for the regulated product by 
deducting from any proceeds payable to or on behalf of the 
producer the amount of the service charge;
	(b)	any person who receives proceeds on behalf of the producer 
with respect to the sale by the producer of regulated product 
must collect the service charge for the regulated product by 
deducting from the proceeds payable to or on behalf of the 
producer, the amount of the service charge;
	(c)	any person who collects a service charge must pay the 
amount of the service charge to the Commission within 55 
days from the end of the month within which the service 
charge was collected;
	(d)	all persons required under this Plan to collect and pay to the 
Commission the service charge payable by a producer must
	(i)	pay the service charge to the Commission, and
	(ii)	provide to the Commission, for each producer, a 
summary detailing
	(A)	the amount of the regulated product in metric 
tonnes or portions thereof obtained from the 
producer,
	(B)	the wheat class of the regulated product,
	(C)	the amount of the service charge being paid on 
behalf of the producer, and
	(D)	the name, mailing address, telephone number and, 
if available, e-mail address of the producer.
Auditor
13   The auditor for the Commission is to be appointed from time to 
time at an annual Commission meeting or a special Commission 
meeting.
Indemnification fund
14   A fund shall not be established under section 34 or 35 of the Act.
Honorary memberships, etc.
15   The Commission may establish non-voting associate, industry, 
affiliate or honorary memberships under this Plan to provide interested 
individuals or organizations with the opportunity to contribute to the 
efforts of the Commission.
Part 2 
Governance of Plan
Division 1 
Producers
Eligible producers
16   For the purposes of this Plan,
	(a)	any producer who has paid a service charge under this Plan 
in a fiscal year is an eligible producer for that fiscal year;
	(b)	the Commission must maintain a list of eligible producers;
	(c)	all producers who can be identified by the Commission as 
having paid a service charge under this Plan during a fiscal 
year are to be included on the list of eligible producers for 
that fiscal year;
	(d)	any producer who is not listed on the Commission's list of 
eligible producers must be added to the list where the 
producer can provide proof to the Commission that the 
producer has paid a service charge under this Plan in the 
fiscal year for which the application is made;
	(e)	once a producer is listed with the Commission as an eligible 
producer, the producer continues to be recognized as an 
eligible producer from fiscal year to fiscal year, unless the 
eligible producer ceases to pay a service charge under this 
Plan in 2 subsequent fiscal years, in which case the producer 
ceases to be an eligible producer;
	(f)	where a producer ceases to be an eligible producer under 
clause (e), the producer is entitled to again become an 
eligible producer for any fiscal year in which the producer 
pays a service charge under this Plan.
General rights of producers
17   In accordance with and subject to this Plan, an eligible producer is 
entitled, as a matter of right,
	(a)	to attend annual Commission meetings, special Commission 
meetings and annual region meetings;
	(b)	to make representations on any matter pertaining to this Plan, 
the Commission and the board;
	(c)	to vote on any matter under this Plan;
	(d)	to vote in any election for directors where the eligible 
producer is eligible to vote;
	(e)	to hold office as a regional representative or a director;
	(f)	to vote in any plebiscites of producers held under the Act.
Eligible producers who are individuals
18   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 17.
Producers that are not individuals
19(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 17.
(2)  An eligible producer to which this section applies must appoint an 
individual to be the representative of the eligible producer.
(3)  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 17.
(4)  If an eligible producer is
	(a)	a corporation, it must appoint an individual who is a director, 
shareholder, member, officer or employee of the corporation 
as its representative,
	(b)	a partnership, it must appoint an individual who is a partner 
or employee of the partnership as its representative, or
	(c)	an organization, other than a corporation or a partnership, it 
must appoint an individual who is a member, officer or 
employee of the organization as its representative.
(5)  An appointment of a representative under this section must be
	(a)	in writing, and
	(b)	in the case where a vote is to be taken at a meeting, filed with 
the returning officer prior to the calling to order of the 
meeting at which a vote is to take place.
(6)  An individual who is the representative of a producer shall not cast 
a vote under this Plan unless 
	(a)	the individual presents a document signed by the producer 
indicating the name of the person who may vote for the 
producer, or 
	(b)	the individual makes a declaration in writing stating that 
	(i)	the individual is a representative of the eligible 
producer, and
	(ii)	the individual has not previously voted in the election or 
on the matter in respect of which the individual wishes 
to cast a vote.
(7)  A declaration made under subsection (6)(b) must be made in 
writing before the returning officer or the deputy returning officer prior 
to the vote being cast.  
(8)  An individual cannot at any one time be a representative under this 
section for more than one eligible producer.  
(9)  A representative shall not vote or hold office before the 
representative's appointment is filed in accordance with subsection (5).
Annual Commission meeting
20(1)  An annual Commission meeting must be held for the purposes 
of
	(a)	providing information with respect to the Commission,
	(b)	providing suggestions and recommendations to the board, 
and
	(c)	electing a director-at-large, when necessary to do so.
(2)  An annual Commission meeting must be held
	(a)	once in each fiscal year, and
	(b)	within 15 months following the date of the commencement 
of the last annual Commission meeting.
Special Commission meetings
21   The Commission must hold a special Commission meeting 
	(a)	when requested to do so by the Council, or
	(b)	on the written request of not less than 25 eligible producers.
Calling of meetings
22(1)   The Commission shall set the time, place and date of any 
annual Commission meeting or special Commission meeting.
(2)  The Commission must
	(a)	in the case of an annual Commission meeting, notify the 
eligible producers of the annual Commission meeting at least 
21 days before that meeting is to be held, and
	(b)	in the case of a special Commission meeting, notify the 
eligible producers of the special Commission meeting at least 
21 days before that meeting is to be held.
(3)   The notice under subsection (2) must state the time, place, date 
and purpose of the meeting.
(4)   The Commission may provide notice under this section in any 
form or in any manner the Commission considers appropriate.
Quorum
23   The quorum necessary for the conduct of business at an annual 
Commission meeting or a special Commission meeting is not fewer 
than 25 eligible producers.
Division 2 
Regions
Regions
24(1)  For the purpose of this Plan, Alberta is divided into 5 regions as 
set out in the Schedule to this Plan.
(2)  Each region is entitled to have up to 2 regional directors.
(3)  In order to be eligible as a regional director, an individual must
	(a)	be an eligible producer under this Plan, and
	(b)	carry on production within the region.
Regional representatives
25(1)  Each region may elect up to 3 eligible producers who carry on 
production within the region to
	(a)	act as a regional representative for producers in the region,
	(b)	assist with the organization of the annual region meeting,
	(c)	provide advice to the regional directors and the board,
	(d)	be appointed by the board to sit as a member of a committee 
established by the board, and
	(e)	be appointed by the board to represent the Commission on 
any task force, committee, group or organization of which 
the Commission is a member.
(2)  The regional representatives are to be elected at the annual region 
meeting and take office at the conclusion of the annual region meeting 
at which they were declared elected.
(3)  Regional representatives remain in office for three years following 
the annual region meeting at which they were elected.
(4)  Regional directors may appoint eligible producers to fill vacant 
regional representative positions for the unexpired portion of the term.
(5)  Regional directors must notify the Commission of any election 
result or appointment of regional representatives.
Annual region meeting
26(1)  An annual region meeting must be held every fiscal year in each 
region.
(2)  The annual region meeting must
	(a)	be organized by the regional directors and regional 
representatives, and
	(b)	be financed by the Commission.
(3)  The purposes of the annual region meeting are
	(a)	when necessary, to conduct the election of regional directors 
to the board,
	(b)	when necessary, to conduct elections for regional 
representatives,
	(c)	to provide the producers of the region
	(i)	information concerning the Commission and the 
operation of the Plan, and
	(ii)	an opportunity for eligible producers to provide the 
Commission suggestions and recommendations,
		and
	(d)	to provide a forum for the producers of a region.
(4)  The time, place and date of any annual region meeting is to be set 
by the regional director for that region.
(5)  The Commission is to notify all of the eligible producers who 
carry out production of the regulated product within a region of any 
annual region meeting for that region.
(6)  A notice of a meeting must set forth the time, place, date and 
purpose of the meeting.
(7)  Only eligible producers who carry on production within the region 
are eligible to vote in any election for regional directors or regional 
representatives for that region.
(8)  The quorum necessary for the conduct of business at an annual 
region meeting is not fewer than 10 eligible producers.
Division 3 
Board of Directors
Board of directors
27(1)  The Commission shall have a board made up of 11 directors.
(2)  The Commission shall have up to 10 regional directors and one 
director-at-large.
(3)  The regional directors and the director-at-large must be eligible 
producers.
Director-at-large
28(1)  The eligible producers for all the regions are entitled to elect, in 
accordance with this Plan, a director-at-large to represent the eligible 
producers in general.
(2)  The term of office for a director-at-large is 3 years.
(3)  Any person who is eligible to serve as director-at-large may be 
nominated for election as director-at-large.
(4)  Eligible producers from any region may vote for the 
director-at-large at an annual Commission meeting.
Responsibilities of board of directors
29(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.
(2)  The board has the power to do all things that are necessary to carry 
out the purpose of this Plan and the responsibilities and authority of the 
Commission.
(3)  The board may authorize any person, entity or committee to 
exercise any of the powers of the board 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,
	(a)	that person, entity or committee is to report back to the board 
with respect to the exercise of that power, and
	(b)	the board retains a supervisory function to oversee the 
actions of that person, entity or committee in the exercise of 
that power.
Quorum
30(1)  At a meeting of the board, the quorum necessary for the 
conduct of business is a majority of the directors holding office at the 
time.
(2)  In determining a quorum under subsection (1), vacant positions on 
the board shall not be considered.
Committees
31(1)  The board may form committees to provide the board with 
advice on a wheat class or multiple wheat classes of the regulated 
product or to provide the board with advice on any other matter.
(2)  When forming committees the board is to consider directors and 
regional representatives as committee members.
(3)  The board may also appoint knowledgeable industry experts and 
advisors to the committees.
Chair and other officers
32(1)  Following the annual Commission meeting in each year, or 
when the chair or the vice-chair positions are vacant, the directors shall 
elect from among the members of the board the officers of the 
Commission, including the chair and vice-chair of the Commission.
(2)  The remuneration to be paid to the directors, regional 
representatives, committee members and officers of the Commission 
may, from time to time, be prescribed by the board.
Term of office
33(1)  Each director, including a director-at-large, may 
	(a)	hold office for a term of up to 3 years, and
	(b)	only hold office for a maximum of
	(i)	2 consecutive terms, or
	(ii)	6 years,
		whichever is the longer period of time.
(2)  Notwithstanding subsection (1)(b), an eligible producer who was a 
director is once again eligible to be elected as a director if at least one 
year has elapsed since that eligible producer's last term as a director 
concluded.
(3)  The term of office of a director 
	(a)	commences on the conclusion of the annual Commission 
meeting at which the director was declared elected, and
	(b)	expires on the conclusion of the annual Commission meeting 
that takes place in the year that the director's term of office is 
to expire.
Removal from office
34(1)  The board may, on a motion passed by two thirds of the 
directors currently in office at a meeting of the board of directors, 
remove a director from office if the director fails to abide by any of the 
Commission's policies.
(2)  Where a majority of the directors vote in favour of a motion to 
remove the chair or vice-chair of the Commission, that person's 
position as chair or vice-chair of the Commission on the passing of the 
motion becomes vacant, but that individual remains a director.
Filling vacancies by appointment
35(1)  If a vacancy occurs on the board, the remaining directors may, 
with the approval of the Council, appoint an individual to fill the 
position from among the eligible producers who are eligible to be 
elected as a director.
(2)  When appointing an individual to fill a director vacancy under 
subsection (1), the board must consider regional representatives who 
are eligible to be elected as a director.
(3)  Where an individual is appointed as a director to fill a vacancy, 
that director is to serve for the unexpired portion of the term.
(4)  Where
	(a)	in accordance with this section a person is appointed to fill a 
vacancy, and
	(b)	the term of office served by that person pursuant to that 
appointment is not greater than 18 months,
the time served by that person as a director pursuant to that 
appointment is not to be taken into consideration for the purposes of 
section 33.
(5)  If the Council declares an election invalid, the Council may
	(a)	direct that the Commission fill the vacancy pursuant to this 
section, or
	(b)	direct that another election be held.
Part 3 
Voting and Elections
Election of directors
36(1)  The election for regional directors is to be conducted, subject to 
section 41(5), at the annual region meetings.
(2)  The Commission is to solicit nominations for the position of 
director for each region and director-at-large.
	(a)	by publishing a notice in the Commission's newsletter, or
	(b)	by any others means of notice that the board determines.
(3)  A nomination referred to in subsection (2) must be
	(a)	in writing and filed at the Commission's office by a date 
fixed by the Commission,
	(b)	signed by at least 3 eligible producers in respect of which the 
election is to be held, and
	(c)	accompanied by the written consent of the eligible producer 
who is being nominated as a director.
Eligibility to vote
37(1)  An eligible producer is eligible to vote 
	(a)	on any question put to a vote at an annual Commission 
meeting or a special Commission meeting if the eligible 
producer is present at the meeting at which the vote is held, 
and
	(b)	in any election for a regional director or regional 
representative that is conducted at an annual region meeting 
if the eligible producer is present at that meeting and eligible 
to vote in such an election.
(2)  An eligible producer, irrespective as to whether the eligible 
producer is or is not an individual, may vote once only on each matter 
put to vote.
(3)  An eligible producer may vote once on each matter, 
notwithstanding that the eligible producer may manage or operate or 
own, lease or hold equity in 2 or more operations.
Must be on list of eligible producers
38   An eligible producer shall only cast a vote under this Plan if the 
eligible producer's name appears on the current list of eligible 
producers.
Returning officer
39(1)  The Commission is to appoint a returning officer for the 
purposes of and in connection with any director election or vote taken 
at an annual region meeting, an annual Commission meeting or a 
Special Commission meeting 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 
	(a)	must compile and maintain a voters list of eligible producers 
who are entitled to vote under this Plan;
	(b)	is to ensure that a person does not cast a vote, except in 
accordance with this Plan;
	(c)	must permit scrutiny of the actions of the returning officer 
and the deputy returning officers by a scrutineer in respect of 
the conduct of a vote taken under this Plan.
(4)  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.
Tie votes
40   If there occurs a tie vote for the position of director or 
director-at-large, the returning officer or deputy returning officer must 
immediately select by a draw, drawn from the names of all the tied 
candidates, the name of the candidate to fill the position and the person 
whose name is drawn is deemed to have been elected to that position.
Controverted election
41(1)   In respect of director elections, if an eligible producer
	(a)	questions
	(i)	the eligibility of a candidate,
	(ii)	the eligibility of a voter,
	(iii)	any matter relating to a ballot or the tabulation of 
ballots, or
	(iv)	any other irregularity with respect to the conduct of an 
election,
		and
	(b)	seeks to have the election declared invalid and the position 
declared vacant,
that eligible producer may, not later than 15 days after the day on 
which the election was held, apply in writing to the Council to have the 
election declared invalid and the position declared vacant.
(2)  If, within the 15-day period referred to in subsection (1), the 
Council has not received an application under subsection (1), a person 
elected at that election is deemed to be duly elected.
(3)  On receipt of an application under subsection (1), the Council must 
consider the matter and may
	(a)	declare the election to be proper and the position filled, if, in 
the opinion of the Council, there is no basis for the 
application,
	(b)	declare the election to be proper and the position filled, 
notwithstanding that there is a basis for the application, if, in 
the opinion of the Council,
	(i)	the basis for 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 commence under this Plan.
(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 Commission meeting 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 individual to fill the vacant 
position.
(6)  Where a person fills a position under subsection (5), that person is 
to serve for the unexpired portion of the term.
Part 4 
Transitional Provisions,  
Review and Repeal
Transitional re directors
42(1)  Notwithstanding sections 25(3) and 33(1), at the initial election 
for directors and regional representatives held after this Plan comes 
into force,
	(a)	a maximum of 2 directors and a maximum of 3 regional 
representatives are to be elected in each of regions 1 and 5 
for a term of one year,
	(b)	a maximum of 2 directors and 3 regional representatives are 
to be elected in each of regions 2 and 4 for a term of 2 years, 
and 
	(c)	a maximum of 2 directors and 3 regional representatives are 
to be elected in region 3 for a term of 3 years.
(2)  At the conclusion of the terms referred to in subsection (1), 
directors are to be elected for a term of office in accordance with 
section 33(1) and regional representatives are to be elected for a term 
of office in accordance with section 25(3).
(3)  In determining under section 33 whether an eligible producer is 
eligible to be a director, the term of office served under subsection 
(1)(a) or (b) is not to be considered as a term of office.
Transitional 
43(1)  In this section,
	(a)	"former Regulations" means Alberta Winter Wheat 
Producers Marketing Plan Regulation (AR 112/99) and the 
Alberta Soft Wheat Producers Plan Regulation (AR 23/99);
	(b)	"new Plan" means the Alberta Wheat Commission Plan 
established under section 3 of this Regulation;
	(c)	"previous boards" means the board of directors of the Alberta 
Soft Wheat Producers Commission and the board of directors 
of the Alberta Winter Wheat Producers Commission;
	(d)	"previous Commissions" means the Alberta Soft Wheat 
Commission continued under the Alberta Soft Wheat 
Producers Plan Regulation (AR 23/99) and the Alberta 
Winter Wheat Producers Commission continued under the  
Alberta Winter Wheat Producers Marketing Plan Regulation 
(AR 112/99);
	(e)	"previous Plans" means the Alberta Winter Wheat Producers 
Marketing Plan continued under the Alberta Winter Wheat 
Producers Marketing Plan Regulation (AR 112/99) and the 
Alberta Soft Wheat Producers Plan continued under the 
Alberta Soft Wheat Producers Plan Regulation (AR 23/99) as 
they read immediately before the coming into force of this 
Regulation.
(2)  On the coming into force of this Regulation, the directors of the 
board are the directors appointed by the Council until they are replaced 
by directors who are elected under section 42.
(3)  All assets, liabilities and obligations of the previous Commissions 
are assumed by the new Commission.
(4)  Any obligation or liability that a person has
	(a)	under the previous Plans is deemed to be an obligation or 
liability, as the case may be, under the new Plan, or
	(b)	with or in respect of the previous boards, is deemed to be an 
obligation or liability, as the case may be, with or in respect 
of the new board.
(5)  Any reference to the previous boards or the previous Plans 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 Plans or in respect of the previous boards may be 
continued and completed under the new Plan or in respect of the new 
board.
(7)  Any matters or business of the previous boards that was in 
progress at the time of the coming into force of the new Plan may be 
continued by the board.
(8)  An eligible producer under the former Regulations continues to be 
an eligible producer under this Regulation for the 2012-2013 and 
2013-2014 fiscal years.
(9)  Notwithstanding section 45, sections 11 and 12 of the Alberta 
Winter Wheat Producers Marketing Plan Regulation (AR 112/99), 
sections 2 and 5 of the Alberta Winter Wheat Producers Marketing 
Regulation (AR 121/99), sections 11 and 12 of the Alberta Soft Wheat 
Producers Plan Regulation (AR 23/99) and sections 2 and 5 of the 
Alberta Soft Wheat Producers Marketing Regulation (AR 34/99) are 
deemed to continue in force with the following modifications:
	(a)	a producer under the former Regulations is deemed to be a 
producer under this Regulation;
	(b)	regulated product under the former Regulations is deemed to 
be a regulated product under this Regulation;
	(c)	Commission under the former Regulations is deemed to be 
the Commission under this Regulation.
(10)  A request for a refund of a service charge paid under the former 
Regulations shall be made to the Commission, and the processing of 
those refunds shall be made in accordance with the provisions set out 
in subsection (9).
(11)  Subsections (9) and (10) expire on December 31, 2012.
Review
44   In compliance with the ongoing regulatory review initiative, this 
Regulation must be reviewed on or before April 30, 2018.
Repeal
45   Subject to section 43, the Alberta Soft Wheat Producers Plan 
Regulation (AR 23/99) and the Alberta Winter Wheat Producers 
Marketing Plan Regulation (AR 112/99) are repealed.
Coming into force
46   This Regulation comes into force on August 1, 2012.
Schedule  
Boundaries of the Regions
1   Region 1 is made up of the area that is included in the following:
	(a)	Cypress County;
	(b)	County of Forty Mile No. 8;
	(c)	County of Warner No. 5;
	(d)	County of Lethbridge;
	(e)	Municipal District of Taber;
	(f)	County of Newell No. 4;
	(g)	Cardston County;
	(h)	Municipal District of Pincher Creek No. 9;
	(i)	Municipal District of Willow Creek No. 26;
	(j)	Improvement District No. 4 (Waterton);
	(k)	Municipality of Crowsnest Pass;
	(l)	Municipal District of Ranchland No. 66; 
	(m)	any city, town, village or summer village that is encompassed 
by the area described in clauses (a) to (l).
2   Region 2 is made up of the area that is included in the following:
	(a)	Special Area No. 2;
	(b)	Special Area No. 3;
	(c)	Special Area No. 4;
	(d)	Vulcan County;
	(e)	Wheatland County;
	(f)	Starland County;
	(g)	Kneehill County;
	(h)	Municipal District of Foothills No. 31;
	(i)	Municipal District of Rocky View No. 44;
	(j)	Mountain View County;
	(k)	Municipal District of Acadia No. 34;
	(l)	Municipal District of Bighorn No. 8;
	(m)	Improvement District No. 9 (Banff);
	(n)	Kananaskis Improvement District;
	(o)	any city, town, village or summer village that is encompassed 
by the area described in clauses (a) to (n).
3  Region 3 is made up of the area that is included in the following:
	(a) 	Municipal District of Provost No. 52;
	(b) 	County of Paintearth No. 18;
	(c)	County of Stettler No. 6;
	(d)	Flagstaff County;
	(e)	Municipal District of Wainwright No. 61;
	(f)	Red Deer County;
	(g)	Lacombe County;
	(h)	Ponoka County;
	(i)	Clearwater County;
	(j)	any city, town, village or summer village that is encompassed 
by the area described in clauses (a) to (i).
4   Region 4 is made up of the area that is included in the following:
	(a)	Camrose County;
	(b)	Beaver County;
	(c)	County of Minburn No. 27;
	(d)	County of Vermilion River No. 24;
	(e)	County of Two Hills No. 21;
	(f)	Lamont County;
	(g)	County of Wetaskiwin No. 10;
	(h)	Leduc County;
	(i)	Brazeau County;
	(j)	Parkland County;
	(k)	Strathcona County;
	(l)	Sturgeon County;
	(m)	Municipal District of Bonnyville No. 87;
	(n)	Lac La Biche County;
	(o)	County of St. Paul No. 19;
	(p)	Smoky Lake County;
	(q)	Regional Municipality of Wood Buffalo;
	(r)	Improvement District No. 24 (Wood Buffalo);
	(s)	Improvement District No. 13 (Elk Island);
	(t)	any city, town, village or summer village that is encompassed 
by the area described in clauses (a) to (s).
5   Region 5 is made up of the area that is included in the following:
	(a) 	Lac Ste. Anne County;
	(b)	County of Barrhead No. 11;
	(c)	Westlock County;
	(d)	Woodlands County;
	(e)	County of Thorhild No. 7;
	(f)	Athabasca County;
	(g)	Yellowhead County;
	(h) 	Northern Sunrise County;
	(i)	Municipal District of Big Lakes;
	(j)	Municipal District of Opportunity No. 17;
	(k)	Municipal District of Lesser Slave River No. 124;
	(l)	Clear Hills County;
	(m)	County of Northern Lights;
	(n)	Mackenzie County;
	(o)	Municipal District of Greenview No. 16;
	(p)	County of Grande Prairie No. 1;
	(q)	Municipal District of Smoky River No. 130;
	(r)	Birch Hills County;
	(s)	Municipal District of Spirit River No. 133;
	(t)	Saddle Hills County;
	(u)	Municipal District of Fairview No. 136;
	(v)	Municipal District of Peace No. 135;
	(w)	Improvement District No. 12 (Jasper National Park);
	(x)	Municipality of Jasper;
	(y)	Improvement District No. 25 (Willmore Wilderness);
	(z)	any city, town, village or summer village that is encompassed 
by the area described in clauses (a) to (y).


--------------------------------
Alberta Regulation 135/2012
Marketing of Agricultural Products Act
ALBERTA OAT GROWERS COMMISSION 
AUTHORIZATION REGULATION
Filed: July 31, 2012
For information only:   Made by the Alberta Agricultural Products Marketing Council 
on July 30, 2012 and approved by the Minister of Agriculture and Rural Development 
pursuant to section 26 of the Marketing of Agricultural Products Act. 
Definitions
1(1)  In this Regulation,
	(a)	"Act" means the Marketing of Agricultural Products Act;
	(b)	"Commission" means the Commission established under the 
Plan with the name "Alberta Oat Growers Commission";
	(c)	"Plan" means the Alberta Oat Growers Commission Plan 
Regulation.
(2)  Words defined in the Act or the Plan have the same meaning when 
used in this Regulation.
Regulations made under section 26 of the Act
2   For the purposes of enabling the Commission to operate the Plan, 
the Commission is hereby authorized under section 26 of the Act to 
make the following regulations:
	(a)	requiring any person who produces, markets or processes the 
regulated product to furnish to the Commission any 
information or record relating to the production, marketing or 
processing of the regulated product that the Commission 
considers necessary;
	(b)	requiring persons other than producers to be licensed under 
the Plan before they become engaged in the marketing and 
processing, or either of those functions, of the regulated 
product;
	(c)	governing the issuance, suspension or cancellation of a 
licence issued under the Plan;
	(d)	providing for
	(i)	the assessment, charging and collection of service 
charges 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;
	(e)	providing for the refund of service charges;
	(f)	requiring any person who receives the regulated product from 
a producer
	(i)	to deduct from the money payable to the producer any 
service charges payable by the producer to the 
Commission, and
	(ii)	to forward the amount deducted to the Commission;
	(g)	providing for the use of any class of service charges or other 
money payable to or received by the Commission for the 
purpose of paying its expenses and administering the Plan 
and the regulations made by the Commission.
Expiry
3   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 July 31, 2017.
Coming into force
4   This Regulation comes into force on August 1, 2012.



Alberta Regulation 136/2012
Marketing of Agricultural Products Act
ALBERTA WHEAT COMMISSION AUTHORIZATION REGULATION
Filed: July 31, 2012
For information only:   Made by the Alberta Agricultural Products Marketing Council 
on July 30, 2012 and approved by the Minister of Agriculture and Rural Development 
pursuant to section 26 of the Marketing of Agricultural Products Act. 
Definitions
1(1)  In this Regulation,


	(a)	"Commission" means the Alberta Wheat Commission;
	(b)	"Plan" means the Alberta Wheat Commission Plan.
(2)  Words used in this Regulation that are defined in the Alberta 
Wheat Commission Plan Regulation have the same meaning as defined 
in that Regulation.
Regulations made under section 26 of the Act
2   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 any person who produces, markets or processes the 
regulated product to furnish to the Commission any 
information or record relating to the production, marketing or 
processing of the regulated product that the Commission 
considers necessary;
	(b)	requiring persons other than producers to be licensed under 
this Plan before they become engaged in the marketing and 
processing, or either of those functions, of the regulated 
product;
	(c)	governing the issuance, suspension or cancellation of a 
licence issued under this Plan;
	(d)	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;
	(e)	respecting the circumstances, if any, under which a service 
charge may be refundable to a producer; 
	(f)	requiring any person who receives the regulated product from 
a producer
	(i)	to deduct from the money payable to the producer any 
service charges payable by the producer to the 
Commission, and
	(ii)	to forward the amount deducted to the Commission;
	(g)	providing for the use of any class of service charges 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;
	(h)	prohibiting persons from engaging in the marketing or 
processing, as the case may be, of a regulated products 
except under the authority of a licence issued under the plan.
Expiry
3   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 April 30, 2018.
Coming into force
4   This Regulation comes into force on August 1, 2012.