O.C. 322/2009

June 24, 2009

A.R. 181/2009

June 25, 2009


            The Lieutenant Governor in Council makes the Alfalfa Seed Plan 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 18)


APPENDIX

Marketing of Agricultural Products Act

ALFALFA SEED PLAN REGULATION

Table of Contents

                1       Definitions

Part 1
Plan

                2       Designation of agricultural product

                3       Establishment of Plan and Commission

                4       Application

                5       Purpose of Plan

Part 2
Requirements Respecting the
Operation of the Plan

                6       Power and duties of the Commission

                7       Financing of Plan

                8       Required meetings

                9       Notice of meetings

              10       Auditor required

              11       Quorum

              12       Use of representatives

Part 3
Commission Members

              13       Commission

              14       Removal of Commission member

              15       Ceasing to hold office

              16       Vacancies

              17       Term of office (3 years)

              18       Maximum number of consecutive terms

Part 4
Election of Commission

              19       Election of Commission members

              20       Nominations to stand for election

              21       Election by mail ballot

              22       Appointment of returning officer

              23       Voting

              24       Election by acclamation

              25       Destruction of ballots, etc.

              26       Election irregularities

              27       Review

Definitions

1   In this Regulation,

                                 (a)    “Act” means the Marketing of Agricultural Products Act;

                                 (b)    “annual Commission meeting” means the annual general meeting of eligible producers;

                                 (c)    “Commission” means the Alfalfa Seed Commission established under section 3;

                                 (d)    “Commission meeting” means a meeting of the Commission members, an annual Commission meeting or a special Commission meeting;

                                 (e)    “eligible producer” means a producer who paid the service charge due under the Alfalfa Seed Commission Regulation in the current or preceding calendar year;

                                  (f)    “eligible producer entity” means an eligible producer that is

                                           (i)    a partnership as defined in the Partnership Act;

                                          (ii)    an unincorporated organization that is not a partnership referred to in subclause (i);

                                         (iii)    a group of individuals who are carrying on an activity for a common purpose and are neither a partnership referred to in subclause (i) nor an unincorporated organization referred to in subclause (ii);

                                 (g)    “producer” includes a person who is entitled, pursuant to a crop share arrangement, to a share of alfalfa seed;

                                 (h)    “regulated product” means alfalfa seed;

                                  (i)    “representative” means the representative of an eligible producer entity as provided for in section 12;

                                  (j)    “special Commission meeting” means a special meeting of the eligible producers.

Part 1
Plan

Designation of agricultural product

2   Alfalfa seed is designated as an agricultural product for the purposes of the Act.

Establishment of Plan and Commission

3(1)  The Alfalfa Seed Plan is established.

(2)  The Alfalfa Seed Commission is established.

Application

4(1)  This Plan applies to alfalfa seed.

(2)  This Plan does not apply to the production or marketing of the regulated product in the Alberta Peace Region as it is described in the Schedule to the Alberta Peace Region Forage Seed Growers Plan Regulation (AR 91/2004).

Purpose of Plan

5   Under this Plan, the projects and programs the Commission may initiate or carry out to commence, stimulate, increase or improve the production and marketing of the regulated product may include

                                 (a)    education and marketing,

                                 (b)    studies and research,

                                 (c)    advising and lobbying government, and

                                 (d)    supporting and cooperating with other persons or governments, including electing or appointing individuals or contributing funds to that organization or an organization of that government.

Part 2
Requirements Respecting the
Operation of the Plan

Power and duties of the Commission

6(1)  Without limiting section 16(a) of the Interpretation Act, the Commission may

                                 (a)    make rules or bylaws, including rules and bylaws

                                           (i)    governing elections, and

                                          (ii)    remuneration of the Commission members,

                                     and

                                 (b)    delegate a power, duty or function of the Commission, excluding the power to make regulations.

(2)  The Commission shall

                                 (a)    maintain a list of eligible producers,

                                 (b)    maintain records for the purposes of section 11(a) of the Act,

                                 (c)    maintain an office in Alberta, and

                                 (d)    open a bank account with a financial institution.

Financing of Plan

7   The Plan is to be financed by the collection of a refundable service charge.

Required meetings

8(1)  The Commission shall hold an annual Commission meeting at least once each year and no later than 15 months after the previous annual Commission meeting.

(2)  The Commission shall hold a special Commission meeting on the written request of

                                 (a)    not less than 30% of the eligible producers,

                                 (b)    a majority of the Commission’s members, or

                                 (c)    the Council.

Notice of meetings

9(1)  The Commission shall give notice to eligible producers of an annual or special Commission meeting

                                 (a)    at least 21 days in advance of the meeting, and

                                 (b)    in the form and manner determined by the Commission.

(2)  The notice shall indicate the time, location, date and purpose of the meeting.

Auditor required

10   The Commission shall have an auditor and the auditor shall be appointed by the eligible producers from time to time at an annual or special Commission meeting.

Quorum

11(1)  Quorum at a Commission meeting is a majority of the members who were elected to office at the time of the meeting.

(2)  Quorum at the annual Commission meeting or a special Commission meeting is at least 25 eligible producers.

(3)  Despite subsection (1), quorum for the purposes of filling a vacancy on the Commission is a majority of the Commission members holding office at the time of the meeting or 3 members, whichever is greater.

Use of representatives

12(1)  An eligible producer may not use a representative to attend meetings, vote or hold office under this Regulation except in the case of an eligible producer entity.

(2)  An eligible producer entity shall use a representative and that representative must

                                 (a)    be an individual,

                                 (b)    not be a representative of any other eligible producer entity for the purposes of this section, and

                                 (c)    if representing an eligible producer that is

                                           (i)    a corporation, be a director, shareholder, member, officer or employee of the corporation,

                                          (ii)    a partnership, be a partner or employee of the partnership, or

                                         (iii)    an organization not referred to in clause (a) or (b), be a member, officer or employee of the organization.

(3)  The eligible producer entity shall file a statement of appointment of its representative with the returning officer in the form and manner required by the Commission.

Part 3
Commission Members

Commission

13(1)  The Commission shall consist a minimum of 5 to a maximum of 8 members elected in accordance with this Regulation.

(2)  The Commission shall elect from its members a chair and a vice‑chair.

Removal of Commission member

14(1)  The Commission may remove a Commission member from office if that member fails to attend 3 consecutive Commission meetings.

(2)  The Commission member subject to removal is not entitled to a vote on the matter of that member’s removal from the Commission.

Ceasing to hold office

15(1)  An office holder ceases to hold office when the person’s term expires or the person

                                 (a)    ceases to be an eligible producer or the representative of an eligible producer entity,

                                 (b)    resigns in writing, or

                                 (c)    is removed from office.

(2)  In the case of an eligible producer entity, the eligible producer entity is considered to hold office regardless of which person was originally elected as its representative to the Commission.

Vacancies

16(1)  Where a Commission member ceases to hold office before the expiry of that member’s term, the Commission

                                 (a)    may appoint an eligible producer who is an individual to hold office until an eligible producer is elected under clause (b), and

                                 (b)    shall hold an election to fill the unexpired portion of the term, if any, no later than the next annual Commission meeting.

(2)  An appointment under subsection (1)(a) is not valid unless it is approved by the Council.

Term of office (3 years)

17(1)  The term of office for a Commission member

                                 (a)    commences on the conclusion of the annual Commission meeting at which the election results are declared, and

                                 (b)    expires on the conclusion of the third annual Commission meeting after the member is elected.

(2)  Despite subsection (1), when the first members are elected to the newly established Commission,

                                 (a)    2 members’ terms shall expire on the conclusion of the next annual Commission meeting after those members are elected, and

                                 (b)    2 members’ terms shall expire on the conclusion of the second annual Commission meeting after those members are elected.

Maximum number of consecutive terms

18(1)  The maximum number of consecutive terms a person may serve as a Commission member is 2 terms.

(2)  For the purposes of subsection (1), a person shall not be considered to have served a term on the Commission if the person was elected or appointed to fill a partial term for a period that that did not exceed 18 months.

(3)  A person who has served 2 consecutive terms cannot serve on the Commission until one year has elapsed from the end of the last term.

Part 4
Election of Commission

Election of Commission members

19(1)  The election of the members of the Commission shall be

                                 (a)    by a vote at the annual Commission meeting, or

                                 (b)    by mail in ballot in accordance with section 21 before the annual Commission meeting.

(2)  The election results shall be officially declared at the annual Commission meeting.

Nominations to stand for election

20(1)  An eligible producer may stand for election if the eligible producer

                                 (a)    consents, and

                                 (b)    is nominated by two eligible producers.

(2)  A written nomination and consent must be

                                 (a)    made in the form and manner required by the Commission, and

                                 (b)    signed by the nominating and consenting eligible producers.

(3)  Despite subsection (2), an oral nomination and consent is permitted in the case of an election referred to in section 19(1)(a).

Election by mail ballot

21(1)  If an election is held by way of mail ballot,

                                 (a)    the ballot shall be mailed to the last known address of each eligible producer no later than 30 days prior to the ballot closing date, and

                                 (b)    the ballot closing date fixed by the Commission must be no more than 42 days before the annual Commission meeting at which the election results will be declared.

(2)  The election results will not be disclosed until they are officially declared under section 19(2).

Appointment of returning officer

22(1)  The Commission shall appoint a returning officer with respect to an election held under this Plan.

(2)  The returning officer may appoint deputy returning officers.

(3)  The returning officer, in respect of an election under this Plan,

                                 (a)    may compile and maintain a voters list of persons who are eligible to vote

                                           (i)    as an eligible producer, or

                                          (ii)    as a representative of an eligible producer entity,

                                 (b)    shall ensure that an eligible producer does not cast a vote except in accordance with this Plan, and

                                 (c)    shall permit scrutiny of all actions of the returning officer and the deputy returning officers.

Voting

23(1)  A person, whether or not the person is an eligible producer and a representative, may cast one vote per office being elected.

(2)  A person is not entitled to vote unless

                                 (a)    the person is named on the voters list as an eligible producer or the representative of an eligible producer entity, or

                                 (b)    if the eligible producer or a representative of the eligible producer entity is not named on the voters list, the person, in the form and manner required by the Commission,

                                           (i)    provides a statutory declaration that indicates the person is an eligible producer or the representative of an eligible producer entity, and

                                          (ii)    if applicable, provides a statement of appointment as a representative.

Election by acclamation

24   If fewer than the minimum number of persons provided for by this Act stand for election, those persons shall be considered to be elected by acclamation.

Destruction of ballots, etc.

25   No person shall destroy any records or ballots in respect of an election until 90 days have elapsed from the date of the election.

Election irregularities

26(1)  An eligible producer may apply to the Council in writing to have an election declared invalid within 15 days of the election on the following grounds:

                                 (a)    the eligibility of a candidate;

                                 (b)    the eligibility of a voter;

                                 (c)    a matter relating to a ballot or the tabulation of ballots;

                                 (d)    an irregularity with respect to the conduct of an election.

(2)  If an application is received in accordance with subsection (1), the Council shall declare an election invalid if the Council considers that

                                 (a)    the candidate was not eligible, or

                                 (b)    the matter complained of materially affected the result of the election.

(3)  If an application is not received in accordance with subsection (1), the election is deemed to have been valid.

(4)  If an election is declared invalid, the office shall be considered to be vacant and section 16 applies.

(5)  If there is a vacancy on the Commission as a result of the operation of this section, the Council shall determine whether the new election to fill the unexpired portion of that term shall be held

                                 (a)    at a special Commission meeting held before the next annual Commission meeting, or

                                 (b)    at the next annual Commission meeting.

Review

27   In compliance with the ongoing regulatory review initiative, this Regulation must be reviewed on or before July 31, 2014.