O.C. 276/2008

A.R. 108/2008

June 24, 2008


            The Lieutenant Governor in Council makes the Alberta Beef Producers Plan Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:            Minister of Agriculture and Rural Development

Authority:                             Marketing of Agricultural Products Act
                                                (section 23)


APPENDIX

Marketing of Agricultural Products Act

ALBERTA BEEF PRODUCERS PLAN
AMENDMENT REGULATION

1   The Alberta Beef Producers Plan Regulation (AR 336/2003) is amended by this Regulation.

 

2   Section 2 is amended

                                 (a)    in subsection (1) by striking out “a sub‑zone delegate,” wherever it occurs;

                                 (b)    by repealing subsection (2) and substituting the following:

(2)  Except where there is a reference specifically to a zone delegate or a cattle feeder council delegate, a reference in this Plan to a delegate representing a zone is a reference to a delegate elected or appointed under this Plan to represent the eligible producers for that zone irrespective as to whether that delegate is a zone delegate or a cattle feeder council delegate.

 

3   Section 9(1)(c)(ii) is amended by striking out “and sub‑zones”.

 

4   Section 18 is amended

                                 (a)    in subsection (1) by striking out “or sub‑zone” wherever it occurs;

                                 (b)    in subsection (2) by striking out “sub‑zone delegates,”.

 

5   Section 19(2) is amended

                                 (a)    by striking out “or sub‑zone” wherever it occurs;

                                 (b)    by striking out “or sub‑zones” wherever it occurs.

 

6   Section 20 is amended

                                 (a)    in subsection (2)

                                           (i)    by striking out “or sub‑zone” wherever it occurs;

                                          (ii)    by striking out “or sub‑zones” wherever it occurs;

                                 (b)    in subsection (4) by striking out “or, in the case of zone 9, in the sub‑zone,”.

 

7   Section 21 is repealed and the following is substituted:

Zones

21   For the purposes of this Plan,

                                          (a)    Alberta is divided into 9 zones as set out in the Schedule, and

                                          (b)    each zone is comprised of the lands set out in the Schedule.

 

8   Section 22 is amended

                                 (a)    in subsection (1) by striking out “58 zone delegates and 5 sub‑zone delegates to be elected pursuant to sections 26 and 27” and substituting “63 zone delegates to be elected pursuant to section 26”;

                                 (b)    by repealing subsection (3).

 

9   Section 23(1) is amended by striking out “sections 26 and 27” and substituting “section 26”.

 

10   Section 25 is amended

                                 (a)    in subsection (4) by striking out “zones 4 to 8” and substituting “zones 4 to 9”;

                                 (b)    by repealing subsection (5).

 

11   Section 26 is amended

                                 (a)    in subsection (1)

                                           (i)    by striking out “zones 1 to 8” and substituting “zones 1 to 9”;

                                          (ii)    in clause (a)(iii) by striking out “zones 4 to 8” and substituting “zones 4 to 9”;

                                 (b)    in subsection (2)

                                           (i)    in clause (a) by striking out “zones 1 to 8” and substituting “zones 1 to 9”;

                                          (ii)    in clause (d) by striking out “zones 4 to 8” and substituting “zones 4 to 9”.

 

12   Section 27 is repealed.

 

13   Section 29(1) is amended

                                 (a)    in clause (a) by striking out “, sub‑zone delegate”;

                                 (b)    by striking out “or sub‑zone” wherever it occurs.

 

14   Section 30 is amended

                                 (a)    in subsection (1) by striking out “In the case of zones 1 to 8, the term of office of a delegate representing the zone” and substituting “The term of office of a delegate representing a zone”;

                                 (b)    by repealing subsection (2).

 

15   Section 31 is amended

                                 (a)    in subsection (1) by striking out “In the case of zones 1 to 8, if” and substituting “If”;

                                 (b)    by repealing subsection (2).

 

16   Section 33 is amended

                                 (a)    in subsection (1) by striking out “In the case of zones 1 to 8, the” and substituting “The”;

                                 (b)    by repealing subsection (2);

                                 (c)    by repealing subsection (3) and substituting the following:

(3)  Notwithstanding subsection (1), if a zone delegate or a cattle feeder council delegate is not elected under subsection (1), the position may be filled under section 31.

 

17   The heading following section 36.2 is amended by striking out, Sub‑Zone,”.

 

18   Section 37(1) is amended by striking out “In the case of zones 1 to 8, each” and substituting “Each”.

 

19   Section 38 is repealed.

 

20   Section 39 is amended

                                 (a)    in subsection (1) by striking out “In the case of zones 1 to 8, where” and substituting “Where”;

                                 (b)    by repealing subsection (2).

 

21   Section 42 is amended

                                 (a)    in subsection (1) by striking out “With respect to zones 1 to 8, the” and substituting “The”;

                                 (b)    by repealing subsection (2).

 

22   Section 45 is amended

                                 (a)    in subsection (1) by striking out “In the case of zones 1 to 8, in” and substituting “In”;

                                 (b)    by repealing subsection (2);

                                 (c)    by repealing subsection (3) and substituting the following:

(3)  Where a zone director becomes the chair of the Commission,

                                          (a)    that zone director is relieved of the duties of the zone director and ceases to be the zone director to represent the zone, and

                                          (b)    the zone committee shall elect from among the delegates representing the zone another delegate who shall be both

                                                    (i)    the zone director for that zone, and

                                                   (ii)    a zone director of the Commission.

                                 (d)    by repealing subsection (4) and substituting the following:

(4)  Where only one delegate representing the zone has been nominated to fill the position of zone director for a zone, the returning officer shall declare the delegate nominated as being elected by acclamation.

                                 (e)    by repealing subsection (5) and substituting the following:

(5)  Where a zone director for a zone has not been elected under subsection (1) or (3) and has not been declared elected by acclamation under subsection (4), the Board of Directors shall appoint a delegate representing the zone to the position of zone director and the delegate so appointed shall, subject to the approval of the Council, hold office as zone director as if elected.

 

23   Section 46(2) is amended

                                 (a)    in clause (c) by striking out “in the case of zones 1 to 8,”;

                                 (b)    by repealing clause (d).

 

24   Section 49 is amended

                                 (a)    in subsection (1) by striking out “or (2)”;

                                 (b)    in subsection (6) by striking out “or (2)(b)”;

                                 (c)    in subsection (7) by striking out “or (2)(b)”;

                                 (d)    in subsection (8) by striking out “, (2)(b)”.

 

25   Section 58(3) is amended by striking out “, (2)(b)”.

 

26   Section 66(3) is amended by striking out “, (2)(b)”.

 

27   Section 71(4) is amended by striking out “or (2)(b)”.

 

28   Section 71.1(2) is amended by striking out “or (2)(c)”.

 

29   Section 86(b) is amended by striking out “or sub‑zone” wherever it occurs.

 

30   Section 87(b) is amended by striking out “or sub‑zone” wherever it occurs.

 

31   Section 89 is repealed and the following is substituted:

Voting at zone meetings

89   An eligible producer who

                                          (a)    is entitled to vote in the zone, and

                                          (b)    is present at the annual zone meeting or special zone meeting, as the case may be,

is eligible to vote

                                          (c)    on each matter put to the question, and

                                          (d)    for such number of candidates for delegates as the eligible producer chooses, not exceeding,

                                                    (i)    in the case of zone delegates, the number of zone delegates to be elected, and

                                                   (ii)    in the case of cattle feeder council delegates, the number of cattle feeder council delegates to be elected.

 

32   Section 96(2)(a) is amended by striking out “, special sub‑zone meeting”.

 

33   Section 97 is repealed and the following is substituted:

Transitional re sub‑zone delegates

97(1)  A sub‑zone delegate who held office immediately before the coming into force of the Alberta Beef Producers Plan Amendment Regulation continues to hold office as a zone delegate for zone 9 until the term of office to which the sub‑zone delegate was elected expires, or a successor to the position is sooner elected or the sub‑zone delegate is otherwise replaced under this Regulation.

(2)  Notwithstanding sections 26(2)(a)(i) and (d) and 30(1), in the case of zone 9,

                                          (a)    5 zone delegates shall be elected in 2008 to replace the 5 sub‑zone delegates currently serving terms of office, and

                                                    (i)    the term of office of 2 zone delegates elected in accordance with this subsection is one year, and

                                                   (ii)    the term of office of 3 zone delegates elected in accordance with this subsection is 2 years,

                                             and

                                          (b)    one cattle feeder council delegate shall be elected in 2008 for a term of 2 years.

(3)  The 2 zone delegates for zone 9 who were elected in 2007 continue to hold office until the expiry of their terms of office.

(4)  Subject to subsection (5), the term of office of a zone delegate referred to in subsection (2)(a)(i) is not a term of office for the purpose of determining the number of consecutive terms served by the zone delegate pursuant to section 30(5).

(5)  Subsection (4) does not apply to a zone delegate referred to in subsection (2)(a)(i) who held office as a sub‑zone delegate on the coming into force of the Alberta Beef Producers Plan Amendment Regulation.

 

34   Section 98 is repealed.

 

35   Section 99 is amended by striking out “July 1, 2008” and substituting “March 31, 2009”.

 

36   The heading following section 100 is amended by striking outSchedule 1and substitutingSchedule”.

 

37   Schedule 2 is repealed.