O.C. 323/2009

June 24, 2009

A.R. 182/2009

June 25, 2009


            The Lieutenant Governor in Council makes the Alberta Pulse Growers Marketing 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 PULSE GROWERS MARKETING PLAN
AMENDMENT REGULATION

 

1   The Alberta Pulse Growers Marketing Plan Regulation (AR 120/99) is amended by this Regulation.

2   Section 1 is amended

                                 (a)    in clause (c) by striking out “zone directors and the”;

                                 (b)    by adding the following after clause (c):

                                       (c.1)    “bean grower” means an eligible producer who

                                                    (i)    during the current crop year grows dry beans for sale, or

                                                   (ii)    during either of the 2 immediately preceding crop years grew dry beans for sale;

                                 (c)    by adding the following after clause (i):

                                        (i.1)    “eligible producer” means a producer who qualifies as an eligible producer under section 15.1;

                                 (d)    by repealing clause (j.1);

                                 (e)    by adding the following before clause (k):

                                        (j.2)    “non‑bean grower” means an eligible producer who

                                                    (i)    during the current crop year grows peas, lentils, fababeans, soybeans, lupines or chickpeas for sale, or

                                                   (ii)    during either of the 2 immediately preceding crop years grew peas, lentils, fababeans, soybeans, lupines or chickpeas for sale;

                                  (f)    in clause (s) by striking out “zone directors and the”;

                                 (g)    by repealing clauses (t) and (u).

 

3   Section 8(f) is amended by striking out “a general manager” and substituting “an executive director”.

 

4   The heading preceding section 16 is amended by adding “Eligible” before “Producers”.

 

5   The following is added before section 16:

Eligible producers

15.1   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 consecutive 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.

 

6   Sections 21 to 26 are repealed.

 

7   Section 27 is amended

                                 (a)    by adding the following after subsection (1):

(1.1)  At the annual zone meetings, the eligible producers in the region are to be provided with

                                                   (a)    information with respect to the Commission, and

                                                  (b)    an opportunity to provide the Commission with suggestions and recommendations.

                                 (b)    in subsection (3) by striking out “zone board” and substituting “Commission in co-operation with the pulse producers in the zone”;

                                 (c)    in subsection (5) by striking out “zone board” and substituting “Commission in co-operation with the pulse producers in the zone”.

 

8   Section 28 is amended in

                                 (a)    in subsection (1) by striking out “A zone board” and substituting “The Commission”;

                                 (b)    in subsections (2) and (4) by striking out “zone board” and substituting “Commission”.

 

9   Section 29(a) is repealed.

 

10   Section 30(1)(a) is repealed and the following is substituted:

                                 (a)    12 commissioners, made up of

                                           (i)    2 commissioners from each zone who are to represent the zone,

                                          (ii)    one commissioner who is elected at large at the annual Commission meeting from among the non‑bean grower producers, and

                                         (iii)    one commissioner who is elected at large at the annual Commission meeting from among the bean grower producers,

 

11   Section 31 is amended

                                 (a)    in subsection (1) by striking out “elected pursuant to section 21”;

                                 (b)    in subsection (5.1) by striking out “zone” and substituting “Commission”;

                                 (c)    by adding the following after subsection (6):

(7)  Notwithstanding subsections (1), (2), (4) and (5), a commissioner, with the approval of Council, may be elected to serve an additional consecutive term in order to enable the Commission to fulfill its commitments to a national or industry group or association of which the Commission is a member.

 

12   Section 32(a) is amended by striking out “to be elected pursuant to section 21”.

 

13   Section 33(3) is repealed.

 

14   Section 34(1) is amended by striking out “Subject to section 24, if” and substituting “If”.

 

15   Section 38(2) is amended by striking out “or in an election for a zone director”.

 

16   Section 42 is amended

                                 (a)    in subsection (1) by striking out “or of the zone board, as the case may be,”;

                                 (b)    in subsection (2) by striking out “or the zone board”;

                                 (c)    in subsection (5) by striking out “or the zone board, as the case may be”.

 

17   Section 43(3) is amended

                                  (i)    by striking out “or the zone board, as the case may be,”;

                                 (ii)    by striking out “section 26 or 34, as the case may be,” and substituting “section 34”.

 

18   Section 44(5)(b) is amended

                                  (i)    by striking out “or the zone board, as the case may be,”;

                                 (ii)    by striking out “section 26 or 34, as the case may be” and substituting “section 34”.

 

19   Section 45(1) is amended

                                  (i)    by striking out “zone directors,”;

                                 (ii)    by striking out “and presidents and vice‑presidents of the zones”.

 

20   Section 46 is amended by striking out “June 30, 2009” and substituting “June 30, 2014”.

 

21   The following provisions are amended by striking out “producer” and substituting “eligible producer” wherever it occurs:

section 8(e);
section 18(8).

 

22   The following provisions are amended by striking out “a producer” and substituting “an eligible producer” wherever it occurs:

section 5(1)(c)(ii);
section 5(2);
section 9(g);
section 11(1)(a);
section 16;
section 17;
section 18(1), (3), (4) and (6);
section 38(1) and (2);
section 40(2);
section 44(1).

 

23   The following provisions are amended by striking out “that producer” and substituting “that eligible producer” wherever it occurs:

section 18(1);
section 40(2);
section 44(1).

 

24   The following provisions are amended by striking out “the producer” and substituting “the eligible producer” wherever it occurs:

section 9(g)(i);
section 10(b);
section 11(1)(a), (d) and (e);
section 18(2), (3) and (6)(a).

 

25   The following provisions are amended by striking out “A producer” and substituting “An eligible producer” wherever it occurs:

section 18(2);
section 39;
section 40(1).

 

26   The following provisions are amended by striking out “producers” and substituting “eligible producers” wherever it occurs:

section 1(b), (c), (k), (r) and (s);
section 6(b), (g) and (h);
section 9(e)(i);
section 10(a) and (c);
section 11(2);
section 16(f);
section 27(4);
section 28(1)(b)(i) and (3);
section 29(b);
section 35(4);
section 36(1)(b)(i) and (3);
section 37;
section 40(1) and (2);
section 41;
section 43(3).

 

27   The following provisions are amended by striking out “producer’s” and substituting “eligible producer’s” wherever it occurs:

section 11(1)(b)(ii)(A) and (B).

 

28   The following provisions are amended by striking out “member” and substituting “producer”:

section 32.

 

29   The Schedule is amended

                                 (a)    in section 4

                                           (i)    by repealing clause (f) and substituting the following:

                                                   (f)    Mackenzie County;

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

                                                  (m)    Clear Hills County;

                                 (b)    in section 5

                                           (i)    by repealing clause (e) and substituting the following:

                                                   (e)    Camrose County;

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

                                                   (f)    County of Vermilion River;

                                         (iii)    by repealing clause (m) and substituting the following:

                                                  (m)    Lac La Biche County;