O.C. 192/2010

A.R. 94/2010

June 17, 2010


            The Lieutenant Governor in Council makes the Alberta Winter Wheat Producers 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 WINTER WHEAT PRODUCERS
MARKETING PLAN AMENDMENT REGULATION

1   The Alberta Winter Wheat Producers Marketing Plan Regulation (AR 112/99) is amended by this Regulation.

 

2   Section 1(c) is amended by adding “or regions in respect of which the meeting is held” after “the region”.

 

3   Section 11(1)(b)(ii) is amended

                                 (a)    by repealing paragraph (B) and substituting the following:

                                         (B)    the producer’s mailing address, telephone number and, if available, e‑mail address;

                                 (b)    by repealing paragraph (E) and substituting the following:

                                          (E)    the name, mailing address, telephone number and, if available, e‑mail address of any dealer who collected the service charge on behalf of the producer;

 

4   Section 12 is amended

                                 (a)    in clauses (a) and (b) by striking out “deduct” and substituting “collect the service charge for the regulated product by deducting”;

                                 (b)    by repealing clause (d)(ii)(C) and substituting the following:

                                         (C)    the name, mailing address, telephone number and, if available, e‑mail address of the producer.

 

5   Section 16(e) is amended by striking out “4” and substituting “2”.

 

6   Section 20 is amended by striking out “6” and substituting “7”.

 

7   Section 22(2)(c) is repealed and the following is substituted:

                                 (c)    held once in every crop year.

 

8   Section 23 is repealed and the following is substituted:

Quorum

23   The quorum necessary for the conduct of business at an annual region meeting is not fewer than

                                          (a)    5 of the eligible producers who carry out production of the regulated product within the region, if the meeting is held in respect of one region, or

                                          (b)    10 of the eligible producers who carry out production of the regulated product within one or more of the regions in respect of which the meeting is held, if the meeting is held in respect of 2 or more regions.

 

9   Section 24 is amended

                                 (a)    by striking out “7 directors, with,” and substituting “9 directors with”;

                                 (b)    by repealing clause (b) and substituting the following:

                                          (b)    2 directors who carry out production of the regulated product in one or more regions and who are elected at large at the annual Commission meeting from among the producers.

 

10   Section 26(2) is amended by striking out “2” and substituting “3”.

 

11   Section 27 is amended

                                 (a)    in subsection (2)

                                           (i)    in clause (b) by striking out “3 and 4” and substituting “3, 4 and 7”;

                                          (ii)    in clause (c) by adding “and for one director to represent the producers at large” after “6”;

                                 (b)    in subsection (4) by striking out “3 consecutive full terms” and substituting “2 consecutive terms”.

 

12   Section 28 is amended by adding the following after subsection (4):

(5)  A term of office served by a director appointed under subsection (3) is to be included as a term for the purposes of section 27(4) only if more than 50% of the term is unexpired when the director is appointed.

 

13   Section 29(3) is amended by striking out “3 years have” and substituting “one year has”.

 

14   Section 31 is amended

                                 (a)    in subsection (1) by striking out “for each year” and substituting “once in every crop year”;

                                 (b)    by repealing subsection (2).

 

15   Section 34 is amended in clauses (a) and (b) by striking out “20” and substituting “15”.

 

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

Election of directors

35(1)  The board is to solicit nominations for the position of director for each region from which a director is required to be elected by any means of notice that the board may determine.

(2)  Nominations for the position of director may be

                                          (a)    in writing and filed at the Commission’s head office by a date fixed by the board, or

                                          (b)    received from the floor at the annual region meeting.

(3)  A nomination referred to in subsection (2) must be

                                          (a)    endorsed by at least 3 eligible producers from the region in respect of which the election is to be held, and

                                          (b)    accompanied by the consent of the eligible producer who is being nominated as a director.

(4)  The election of a director to represent a region is to be carried out by a secret ballot at the annual region meeting.

Failure to elect director

36(1)  If the eligible producers in a region fail to elect a director, the election of a director to represent that region may be held at the next annual Commission meeting.

(2)  Where an election of a director is to be held at the annual Commission meeting, nominations for the position of director may be

                                          (a)    in writing and filed at the Commission’s head office by a date fixed by the board, or

                                          (b)    received from the floor at the annual Commission meeting.

(3)  A nomination referred to in subsection (2) must be

                                          (a)    endorsed by at least 3 eligible producers from the region in respect of which the election is to be held, and

                                          (b)    accompanied by the consent of the eligible producer who is being nominated as a director.

 

17   Section 37 is amended

                                 (a)    in subsection (1) by adding “in an election and” before “on any question”;

                                 (b)    by repealing subsections (2) and (3) and substituting the following:

(2)  An eligible producer is eligible to vote in an election and on any question put to a vote at an annual region meeting if

                                          (a)    the eligible producer carries out production of the regulated product in the region for which the election is held or to which the question pertains, and

                                          (b)    is present at the meeting at which the vote is held.

 

18   Section 42 is amended by striking out “2010” and substituting “2015”.

 

19   The Schedule is amended by repealing sections 5 and 6 and substituting the following:

5   Region 5 is comprised of the area that is included within the following boundaries:

Western Boundary:           Alberta‑British Columbia border;

Southern Boundary:          Highway #9 west to intersect with

                                                     Highway #1 and then west on

                                                     Highway #1 to the Alberta‑British Columbia border;

Eastern Boundary:             Highway #56 north to intersect with

                                                     Highway #26 and then west on

                                                     Highway #26 to intersect with

                                                     Highway #21 and then north on Highway #21 to intersect with

                                                     Highway #37 and then west on

                                                     Highway #37 to intersect with

                                                     Highway #28A and then north on

                                                     Highway #28A to intersect with Highway #28 and then north on

                                                     Highway #28 to intersect with

                                                     Highway #63 and then north on

                                                     Highway #63 to intersect with

                                                     Highway #55 and then west on

                                                     Highway #55 to intersect with

                                                     Highway #2 and then north on

                                                     Highway #2 to intersect with the Athabasca River;

Northern Boundary:          Athabasca River.

6   Region 6 is comprised of the area that is included within the following boundaries:

Western Boundary:           Highway #56 north to intersect with

                                                     Highway #26 and then west on

                                                     Highway #26 to intersect with

                                                     Highway #21 and then north on Highway #21 to intersect with    Highway #37 and then west on

                                                     Highway #37 to intersect with

                                                     Highway #28A and then north on

                                                     Highway #28A to intersect with

                                                     Highway #28 and then north on

                                                     Highway #28 to intersect with

                                                     Highway #63 and then north on

                                                     Highway #63 to intersect with

                                                     Highway #55 and then west on

                                                     Highway #55 to intersect with

                                                     Highway #2 and then west on

                                                     Highway #2 to intersect with

                                                     Highway #88 and then north on

                                                     Highway #88 to intersect with

                                                     Highway #58 and then west on

                                                     Highway #58 to intersect with

                                                     Highway #35 and then north on

                                                     Highway #35 to the Alberta‑Northwest Territories border;

Southern Boundary:          Highway #9;

Eastern Boundary:             Alberta‑Saskatchewan border;

Northern Boundary:          Alberta‑Northwest Territories border.

7   Region 7 is comprised of the area that is included within the following boundaries:

Western Boundary:           Alberta‑British Columbia border;

Southern Boundary:          Athabasca River;

Eastern Boundary:             Highway #2 north from where it intersects with the

                                              Athabasca River to where it intersects              with

                                              Highway #88 and then north on Highway #88 to intersect with    Highway #58 and then west on                                               Highway #58 to intersect with Highway #35 and then north to the              Alberta‑Northwest Territories                            border;

Northern Boundary:          Alberta‑Northwest Territories border.