July 10, 2002
July 11, 2002
The Lieutenant Governor in Council makes the Alberta Milk Records Disclosure Regulation set out in the attached Appendix.
For Information only
Recommended by: Minister of Agriculture, Food and Rural Development
Authority: Marketing of Agricultural Products Act
(sections 12 and 54)
A P P E N D I X
Marketing of Agricultural Products Act
ALBERTA MILK RECORDS DISCLOSURE REGULATION
1(1) In this Regulation,
(a) "CDC" means the Canadian Dairy Commission;
(b) "Central Milk Testing Laboratory" means the approved laboratory under the Dairy Industry Act;
(c) "CMSMC" means the Canadian Milk Supply Management Committee created under the National Milk Marketing Plan;
(d) "Dairy Board" means the Alberta Dairy Control Board;
(e) "milk hauler" means the owner of a milk transport vehicle subject to the Dairy Industry Act;
(f) "record" means a record as defined in the Freedom of Information and Protection of Privacy Act that is in the custody or control of the Alberta Dairy Control Board immediately before the coming into force of this Regulation;
(g) "Secretariat" means the secretariat committee created under the National Milk Marketing Plan.
(2) Words defined in the Alberta Milk Plan Regulation and the Alberta Milk Marketing Regulation have the same meaning when used in this Regulation.
2 On the coming into force of this Regulation, the information in the following records may be disclosed to Alberta Milk for continuation of the operation of programs and activities to be continued by Alberta Milk pursuant to the Act and the Dairy Industry Omnibus Act, 2002:
(a) minutes and correspondence between the provincial dairy industry regulatory bodies of the 4 western provinces and the CDC relating to formation and on-going operation of the Western Milk Pool pursuant to an interprovincial agreement, including agendas, minutes and supporting documentation of the Western Milk Pool Coordinating Committee, Technical Committee and Audit Committee pursuant to the agreement;
(b) processor licensing application and inspection, purchase and use reports, audit results, assessment records, administrative correspondence, including letters, notices of new directives issued by the Dairy Board, production data, copy of processor license;
(c) producer records created since January 1997 consisting of the case files for all active and inactive producers containing license applications, copies of licenses, inspections and reports, withdrawn notice of appointment of power of attorney documents, producer name, address, telephone number, Central Milk Testing numbers and CDC Registration numbers;
(d) notice of appointment of power of attorney records consisting of the notice of appointment of attorney documents filed by the lending institutions who have a financial interest in a producer's quota, including the original numbered documents, the register of active and withdrawn documents, the producer's name, address, bank name and address and signatories for both parties;
(e) letters to or from producers, processors, Central Milk Testing Laboratory, CDC and quota brokers relating to producers, quota allocations and quota transfers, quota exchange, year end adjustments, applications to register as a producer, cancelled producer licences, withdrawn power of attorney documents, reconciliations, working papers, reports, Central Milk Testing Laboratory reports of producer test results, processor reports of producer deliveries, producer payment, producer assessments and pay deductions, and producer information changes that are monthly summaries of the changes to a producer's personal information;
(f) working papers and final reports for the calculation of milk utilization and prices to be paid to producers for milk delivered to processors, processor reports of milk receipts and how the milk was used, Class 1 sales of fluid milk and cream products, transportation costs for milk transferred between processors, trucking compensation, reports of Milk Grade and Price infractions, calculations done to determine Class 1 utilization, over-quota production, Western Milk Pooling obligations, Special Classes Pooling activity, prices payable to producers, processor liability to the provincial pool, monthly statistical reports summarizing the results of pooling and the information used for verifying processor reports and producer payment;
(g) records from 1996 to 2000 of Alberta's participation in a federal government Optional Export Program operated by the CDC and from 2000 to the coming into force of this Regulation related to contracted export milk, of correspondence with the CDC relating to the creation and administration of the programs, a register of producers who have consented to the release of personal information to processors seeking contracted export milk, processor reports, information about producers participating in contracted export milk trade, the amount of milk producers commit to supply, deliveries and utilization of contract export milk and general correspondence relating to the program and current policies;
(h) milk coordination records beginning on November 1, 2001 relating to transportation of milk from producers to processors and between processors that is not in a producer, processor or milk hauler case file, milk routes, rate schedules, plant capacity information, milk orders from processors, dispatch reports, schedules, hauling claims, information from other provinces on transportation systems and policies and statistical analysis and reports;
(i) records of milk haulers contracted to transport milk from dairy farms to dairy plants, including the names, mailing addresses, contract numbers, milk transportation capabilities, transportation routes, contracts and any other information or correspondence specific to each hauler;
(j) records related to producer payment, milk transportation payment and processor receivables, including invoices and records required to verify invoices and payment, related to equipment purchases and leases transferred to Alberta Milk and monthly accounting transaction journals and banking transactions;
(k) CDC, CMSMC, Secretariat and any committees of the CDC records of correspondence with the CDC, minutes and supporting reports, analysis, discussion papers and studies, for the agenda items of the CMSMC Secretariat and other CDC committees.
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 February 28, 2008.
Coming into force
4 This Regulation comes into force on the coming into force of the Dairy Industry Omnibus Act, 2002.