O.C. 542/2009

A.R. 302/2009

November 4, 2009


            The Lieutenant Governor in Council makes the Alberta Elk 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 ELK PLAN AMENDMENT REGULATION

1   The Alberta Elk Plan Regulation (AR 210/2002) is amended by this Regulation.

 

2   Section 1 is amended

                                 (a)    in clause (c) by striking out “directors” and substituting “Commission”;

                                 (b)    by repealing clause (d);

                                 (c)    by repealing clause (l);

                                 (d)    in clause (p) by striking out “March” and substituting “December”;

                                 (e)    clause (x) by striking out “directors” and substituting “Commission”.

 

3   Sections 11 and 12 are repealed.

 

4   Section 16(1) is amended

                                 (a)    by repealing clause (a)(ii) and substituting the following:

                                          (ii)    the producer paid the service charges that were due and payable in the previous calendar year;

                                 (b)    in clause (c) by striking out “fiscal year” and substituting “calendar year”;

                                 (c)    by repealing clauses (e) and (f).

 

5   Section 17 is amended

                                 (a)    in clause (b) by striking out “, the Commission and the board of directors” and substituting “or the Commission”;

                                 (b)    in clause (d) by striking out “for directors” and substituting “for a Commission member”;

                                 (c)    in clause (e) by striking out “director” and substituting “Commission member”.

 

6   The heading preceding section 24 is amended by striking out Directors and substituting Commission Members”.

 

7    Sections 24 and 25 are repealed and the following is substituted:

Commission

24(1)  The Commission shall consist of the following:

                                 (a)    3 Commission members at large;

                                 (b)    6 chapter Commission members, one who is elected by each chapter.

(2)  Notwithstanding subsection (1),

                                 (a)    if the number of chapters is increased or decreased, the number of chapter Commission members is to be correspondingly increased or decreased so that there is one chapter Commission member per chapter;

                                 (b)    with the approval of the eligible producers given at an annual Commission meeting or special Commission meeting, the number of Commission members at large may be decreased.

(3)  Without restricting the authority of any Commission member to carry out the general responsibilities of a Commission member,

                                 (a)    a Commission member at large is to represent the interests of the eligible producers as a whole, and

                                 (b)    a chapter Commission member shall represent the interests of the eligible producers of the applicable chapter and the interests of the eligible producers as a whole.

(4)  With the approval of the Commission and the applicable chapter executive committee, a Commission member at large may at any time resign to become the chapter Commission member to serve for the unexpired portion of the term of office of the chapter Commission member.

(5)  A chapter Commission member may not resign to become a Commission member at large unless elected to fill that office.

Responsibilities of the Commission

25(1)  The Commission has the power to do all things that are necessary to carry out the purposes of this Plan and its duties and functions.

(2)  The Commission may authorize any person, entity or committee to exercise any of the powers of the Commission and, if so,

                                 (a)    that person, entity or committee is to report back to the Commission with respect to the exercise of that power, and

                                 (b)    the Commission retains a supervisory function to oversee the actions of that person, entity or committee in the exercise of that power.

 

8   Section 26 is amended by striking out “director” wherever it occurs and substituting “Commission member”.

 

9   Sections 27 and 28 are repealed and the following is substituted:

Chair and officers

27   Following the annual Commission meeting in each year, the Commission members shall elect from among themselves the officers of the Commission, including a chair, vice‑chair and finance chair.

Executive committee

28(1)  The Commission may appoint an executive committee consisting of the chair, vice‑chair and finance chair of the Commission.

(2)  The executive committee, subject to any directions of the Commission, may act on behalf of the Commission.

 

10   Section 29 is repealed and the following is substituted:

Honorary Commission members

29(1)  Notwithstanding anything in this Division, the  Commission may appoint any eligible producer, including any Commission member whose term is expiring and who is not standing for re‑election, as an honorary Commission member

                                 (a)    for the purpose of allowing that person to represent the Commission in respect of an organization with which the Commission is involved, or

                                 (b)    to provide to the Commission specific skills, knowledge or expertise.

(2)  An honorary Commission member is not eligible to vote on any matter put to the question at a meeting of the Commission.

(3)  Where an honorary Commission member is appointed, the Commission may

                                 (a)    prescribe the duties of the honorary Commission member, and

                                 (b)    at any time terminate the appointment of the honorary Commission member.

(4)  The term of office for an honorary Commission member is, subject to subsection (5), one year.

(5)  The term of office of an honorary Commission member

                                 (a)    commences at the time that the honorary Commission member is appointed, and

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

 

11    Sections 30 to 33 are repealed and the following is substituted:

Remuneration, etc.

30(1)  The Commission may set the remuneration payable to the Commission members and officers of the Commission subject to the approval of the eligible producers.

(2)  The reimbursement for expenses that are incurred by the Commission members and officers of the Commission and the conditions under which those expenses may be reimbursed may be fixed from time to time by the Commission members.

Term of office re members

31(1)  Subject to this section, the term of office of a Commission member is 3 years.

(2)  The term of office of a Commission member commences

                                 (a)    on the conclusion of the annual Commission meeting at which the election for the Commission member was conducted, or

                                 (b)    in the case of an election conducted to fill the unexpired portion of a term as a result of a vacancy, on the announcement of the results of the election.

(3)  The term of office of a Commission member expires on the conclusion of the annual Commission meeting that takes place in the year that the Commission member’s term of office is to expire.

(4)  A Commission member may, with the approval of the Council, be elected to serve one additional consecutive term as a Commission member to enable the Commission to fulfil its commitments to a national group, an industry group or an association of which the Commission is a member.

Removal from office

32(1)  A Commission member ceases to hold office when the Commission member

                                 (a)    resigns,

                                 (b)    ceases to be an eligible producer,

                                 (c)    is removed from office under subsection (2), or

                                 (d)    in the case of the individual who is the representative of an eligible producer under section 19, ceases to be the representative of that eligible producer under section 19.

(2)  The Commission may, by resolution, remove a Commission member from office if

                                 (a)    the Commission member is absent from 3 consecutive Commission meetings, and

                                 (b)    the Commission does not consider the reason for the absences to be adequate.

(3)  Where under this section a vacancy occurs with respect to a Commission member at large, the Commission may, with the approval of the Council, appoint an individual to fill that position.

(4)  Where, under this section, a vacancy occurs with respect to a chapter Commission member, the Commission

                                 (a)    must request the chapter

                                           (i)    to conduct an election to elect a chapter Commission member, or

                                          (ii)    to appoint a chapter Commission member

                                     and

                                 (b)    may, if the chapter does not elect or appoint a chapter Member as requested, appoint a chapter Commission member subject to the approval of the Council.

(5)  A person appointed under subsection (3) or (4)

                                 (a)    must be an individual,

                                 (b)    must meet the requirements to be elected to that position, and

                                 (c)    may serve the unexpired portion of the term of office to which the person is appointed.

(6)  For the purposes of section 26(3), if the unexpired term of office to be served is

                                 (a)    18 months or less, the unexpired term is not to be considered as a term of office, or

                                 (b)    greater than 18 months, the remaining portion of the unexpired term of office is to be considered as a term of office.

Election of members

33(1)  Commission members at large are to be elected at the annual Commission meeting.

(2)  The chapter Commission member for a chapter is to be elected at the annual chapter meeting of the chapter.

(3)  The Commission must solicit nominations for the position of Commission member at large by giving a notice soliciting those nominations.

(4)  The chapter executive committee of a chapter must solicit nominations for the position of chapter Commission member by giving a notice soliciting those nominations and, if the chapter executive committee fails to solicit those nominations, the Commission is to solicit those nominations by giving a notice soliciting those nominations.

(5)  A notice soliciting nominations for Commission members may be given by any means as the Commission may determine.

(6)  Nominations for the position of Commission member must be signed by at least

                                 (a)    5 eligible producers for a Commission member at large, or

                                 (b)    3 members of the chapter for a chapter Commission member,

and be accompanied by the written consent of the person nominated.

(7)  A person must be present at the annual Commission meeting or annual chapter meeting to be elected to office as referred to in subsection (1) or (2).

 

12   Section 34 is repealed.

 

13    Sections 35 and 36 are repealed and the following is substituted:

Quorum

35   The quorum necessary for the conduct of business at a meeting of the Commission is a majority of the members holding office at the time.

Determining quorum

36   In determining a quorum under section 35, vacant positions on the Commission and the position of honorary Commission members are not to be taken into consideration.

 

14   Section 37 is amended

                                 (a)    in subsection (1) by striking out “7” and substituting “6”;

                                 (b)    in subsection (5) by striking out “plebescite” and substituting “plebiscite”.

 

15   Section 39(5) is amended by striking out “director” and substituting “Commission member”.

 

16   Section 40(d) and (e) is amended by striking out “director” and substituting “Commission member”.

 

17   Section 41(6)(b) is amended by striking out “director’s” and substituting “member’s”.

 

18   Section 42 is amended

                                 (a)    by striking out “chapter director” wherever it occurs and substituting “Commission member”;

                                 (b)    by striking out “board of directors” wherever it occurs and substituting “Commission”.

 

19   Section 48(2) and (4) are amended by striking out “director” wherever it occurs and substituting “Commission member”.

 

20   Sections 52 and 53 are repealed.

 

21   Section 54 is amended by striking out “2009” and substituting “2014”.

 

22   The Schedule is amended

                                 (a)    in section 5

                                           (i)    by adding “, to be known as “Yellowhead Zone”,” after “Zone 5”;

                                          (ii)    by striking out “Highway 22, then north along Highway 22 to Highway 43, then north‑west along Highway 43 to Highway 32, then north along Highway 32” and substituting “Highway 39 and then east along Highway 39 to Highway 2, then north along Highway 2 to Highway 33, then south along Highway 33”;

                                 (b)    by repealing section 7.