O.C. 3/2012

A.R.  2/2012

January 20, 2012


            The Lieutenant Governor in Council makes the Alberta Pork 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 PORK PRODUCERS’ PLAN
AMENDMENT REGULATION

1   The Alberta Pork Producers’ Plan Regulation (AR 219/2001) is amended by this Regulation.

 

2   Section 1(1) is amended

            (a)           by repealing clause (f);

            (b)           in clause (g)

                        (i)            by striking outdomesticus”;

                        (ii)           by adding “or farmed wild boar, but does not include feral wild boar” after “domestic pig”;

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

                        (n.1)     “Regional Director” means a Director who is elected or appointed, as the case may be, to represent the registered producers of a region;

 

3   Section 6(2) is amended in clause (l)

            (a)           by adding “or implement” after “to establish”;

            (b)           by adding “or implementation” after “establishment”.

 

4   Section 8(b) is amended in clauses (i) and (ii) by striking out “General Manager” wherever it occurs and substituting “Executive Director”.

 

5   The following is added after section 8:

Information

8.1(1)  The Minister designated under section 16 of the Government Organization Act as the Minister responsible for the Animal Health Act is authorized to disclose to the Corporation for use by the Corporation in carrying out its functions and duties information, including personal information as defined in the Freedom of Information and Protection of Privacy Act, that has been collected or used by the Minister under the Animal Health Act and the regulations under that Act and that relates to the administration of the Act, including

            (a)        traceability, and

            (b)        quarantines, orders and other matters under Parts 4 to 8 of the Animal Health Act.

(2)  The Corporation is authorized to disclose information, including personal information as defined in the Freedom of Information and Protection of Privacy Act, that has been collected by or used by the Corporation under the Act and the regulations in carrying out its functions and duties and that relates to the administration of the Plan, including the information required under Schedule 2 to the Alberta Pork Producers’ Commission Regulation (AR 285/96), to the following:

            (a)        the Minister designated under section 16 of the Government Organization Act as the Minister responsible for the Animal Health Act in respect of matters relating to swine traceability and quarantines, orders and other matters under Parts 4 to 8 of the Animal Health Act;

            (b)        the Minister designated under section 16 of the Government Organization Act as the Minister responsible for the Traffic Safety Act in respect of matters relating to the transportation of hogs.

 

6   Section 11 is amended by striking out “the Hog Registration, Licensing and Universal Service Charge Regulation and substituting “the Alberta Pork Producers’ Commission Regulation”.

 

7   Section 12 is amended

            (a)           by adding “and Directors” after “vote of the delegates”;

                (b)           by adding “and Directors” after “special meeting of the delegates”.

 

8   Section 13 is amended by adding “and Directors” after “delegates” wherever it occurs.

 

9   Section 16(a) is amended by striking out “district meetings” wherever it occurs and substituting “regional meetings”.

 

10   Section 26(1)(b) is repealed and the following is substituted:

            (b)        is a represented adult as defined in the Adult Guardianship and Trusteeship Act or is the subject of a certificate of incapacity in effect under the Trustee Act;

 

11   The heading before section 30 is amended by striking out Districtand substituting Regional”.

 

12   Section 31 is amended by striking out “district meeting” wherever it occurs and substituting “regional meeting”.

 

13   The heading before section 35 is amended by striking out General and substituting Directors and”.

 

14   Section 35 is repealed and the following is substituted:

Directors and delegates meeting

35(1)  In each year there must be an annual meeting of all the Directors and delegates in Alberta.

(2)  The annual meeting of the Directors and delegates must be held not later than 15 months following the date of the conclusion of the last annual meeting of the Directors and delegates.

 

15   Section 36(1) is repealed and the following is substituted:

Special Directors and delegates meetings

36(1)   Special meetings of Directors and delegates

            (a)        may be called by the Corporation at any time, and

            (b)        must be called by the Corporation on

                        (i)         the written request of the Council, or

                        (ii)        the written request of at least 1/3 of the Directors and delegates.

 

16   Section 38 is repealed and the following is substituted:

Notice of meeting

38   At least 14 days’ notice in writing specifying the date, time and place of annual meetings or special meetings of Directors and delegates must be given by the Corporation to every Director and delegate by mailing the notice to each Director’s and delegate’s last known address as shown on the records of the Corporation.

 

17   Section 39 is repealed and the following is substituted:

Quorum

39   The quorum for an annual or a special meeting of the Directors and delegates is the majority of the combination of Directors and delegates.

 

18   Section 40(2) is amended by striking out “district annual meetings” and substituting “regional annual meetings”.

 

19   Section 41 is amended

            (a)           in subsection (1)

                        (i)            in clause (b) by striking out “the district” and substituting “the region”;

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

                                    (c)        in the case of an election for a regional Director or a delegate, resides, subsection to subsection (3), within the region that the regional Director or delegate is to represent.

            (b)           in subsection (2) by striking out “district” wherever it occurs and substituting “region”;

            (c)           in subsection (3)

                        (i)            in clause (a) by striking out “adjacent district” and substituting “adjacent region”;

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

                                    (b)        during the time that the producer is eligible to vote in that adjacent region, to nominate persons to hold office and to hold office as a regional Director or as a delegate to represent the registered producers in that adjacent region in the same manner and under the same conditions as if that producer resided in that adjacent region.

            (d)           in subsections (4) to (6) by striking out “district” wherever it occurs and substituting “region”.

 

20   Section 42 is amended

            (a)           in subsection (1) by adding “in accordance with subsection (2.1)” after “occur”;

            (b)           by adding the following after subsection (2):

(2.1)  A registered producer may vote either

                        (a)        by mail ballot, or

                        (b)        in person,

but not by both methods.

 

21   The following is added after section 42:

Mail ballot

42.1(1)  A mail ballot must be made available to each registered producer by being mailed to the registered producer at least 30 days prior to the ballot closing date for the regional annual meeting at which the vote will be conducted.

(2)  The ballot closing date must be

            (a)        set by the Commission, and

            (b)        not more than 5 business days prior to the date of the regional annual meeting at which the vote will be conducted.

 

22   Section 43(2)(b) is amended by striking out “districts’ annual meetings” and substituting “regions’ annual meetings”.

 

23  Section 43.1 is repealed and the following is substituted:

Election of candidates for 2012 and thereafter

43.1(1)  The Corporation must hold elections during the regional annual meetings for the year 2012 and thereafter as follows:

            (a)        Region No. 1 is to elect 2 Directors and 2 delegates at the 2012 regional annual meeting and every 3rd year thereafter;

            (b)        Region No. 2 is to elect 2 Directors and 2 delegates at the 2014 regional annual meeting and every 3rd year thereafter;

            (c)        Region No. 3 is to elect 2 Directors and 2 delegates at the 2013 regional annual meeting and every 3rd year thereafter.

(2)   All regions must participate in the election of 2 Directors at large at the 2012 regional annual meeting and every 3rd year thereafter.

 

24   Section 43.2 is repealed and the following is substituted:

Transitional provisions re terms of office

43.2(1)  The unexpired term of office of a Director or a delegate of Region No. 3 elected in 2011 expires on the day before the regional annual meeting in 2013.

(2)  The unexpired term of office of a Director or a delegate of Region No. 2 elected in 2011 expires on the day before the regional annual meeting in 2014.

(3)  The unexpired term of office of a Director or a delegate of Region No. 1 elected prior to or in 2009 expires on the day before the regional annual meeting in 2012.

(4)  The unexpired term of office of a Director at large elected prior to or in 2009 expires on the day before the last regional annual meeting in 2012.

 

25   Section 47 is repealed and the following is substituted:

Returning officer

47   The Executive Director of the Corporation, or the designate of the Executive Director, is the returning officer and responsible for all administrative procedures relating to the conduct of elections.

 

26   Section 48 is repealed and the following is substituted:

Duties of returning officer

48(1)  The returning officer is to prepare and distribute to each region a list of eligible voters for that region, and that list must contain

            (a)        the names of the eligible voters,

            (b)        their addresses, and

            (c)        their producer registration numbers.

(2)  Unless otherwise directed by the Council, no person shall destroy any records or ballots in respect of a vote or an election held under this Plan until 90 days have elapsed from the day on which the vote was taken.

 

27   The heading before section 50 is amended by striking out Districts and substituting Regions”.

 

28   Section 52 is amended

            (a)           in subsection (1) by striking out “District No. 1” and substituting “Region No. 1”;

            (b)           in subsection (2) by striking out “District No. 2” and substituting “Region No. 2”;

            (c)           in subsection (3) by striking out “District No. 3” and substituting “Region No. 3”.

 

29   Sections 53, 54 and 55 are repealed.

 

30   Section 56 is amended by striking out “September 30, 2012” and substituting “September 30, 2017”.

 

31(1)  The following sections are amended by striking out “district Director” wherever it occurs and substituting “Regional Director”:

section 25(b);
section 36(2);
section 40(5) and (7);
section 43(2)(a);
section 44(1);
section 45(1.1);
section 46.

(2)  The following sections are amended by striking out “district Directors” wherever it occurs and substituting “Regional Directors”:

section 19;
section 22;
section 34;
section 40(1);
section 42(2);
section 43(1)(a);
section 44(2);
section 45(1).

(3)  The following sections are amended by striking out “district annual meeting” wherever it occurs and substituting “regional annual meeting”:

section 30(2) and (3);
section 33;
section 34;
section 40(1), (2) and (3);
section 42(1) and (2);
section 43(2)(a);
section 44(1).

(4)  The following sections are amended by striking out “district” wherever it occurs and substituting “region”:

section 23;
section 30(1);
section 42(2)(b), (5) and (8)(d);
section 43(1)(b);
section 45(2).

(5)  The following sections are amended by striking out “districts” wherever it occurs and substituting “regions”:

section 24;
section 40(6);
section 50;
section 51.

(6)  The following sections are amended by striking out “in that district” and substituting “in that region”:

section 22;
section 44(1)(b).

(7)  The following sections are amended by striking out “for a district” and substituting “for a region”:

section 22;
section 30(3);
section 45(1).

(8)  The following section is amended by striking out “for the district” and substituting “for the region”:

section 36(2).

(9)  The following section is amended by striking out “for the entire district” and substituting “for the entire region”:

section 31(2).

(10)  The following sections are amended by striking out “of a district” and substituting “of a region”:

section 25(b);
section 31(1).

(11)  The following sections are amended by striking out “of the district” and substituting “of the region”:

section 30(2);
section 31(1)(a);
section 44(1)(a).

(12)  The following section is amended by striking out “that adjacent district” wherever it occurs and substituting “that adjacent region”:

section 41(3)(b).

(13)  The following sections are amended by striking out “within the district” and substituting “within the region”:

section 40(5)(a) and (7)(b);
section 41(1)(c).

(14)  The following section is amended by striking out “for that district” and substituting “for that region”:

section 30(3).

(15)  The following section is amended by striking out “special district meeting” and substituting “special regional meeting”:

section 33.