O.C. 139/2014
April 9, 2014

A.R. 62/2014

April 10, 2014


            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2   Section 1(1)(e) and (n.1) are repealed.

3   Section 17 is amended by renumbering it as section 17(1), and by adding the following after subsection (1):

(2)  An individual who is eligible to vote may appoint any person as a proxy to vote on the individual’s behalf if the individual appointing the proxy deposits with the returning officer at least 2 days before the day on which the vote is to be held the document under which the proxy is appointed.

(3)  A person may act as a proxy for more than one individual in respect of the same vote.

(4)  A person appointed as a proxy may only vote on resolutions at an annual commission meeting.

4   Section 18 is amended by adding the following after subsection (9):

(10)  A representative of an eligible producer who is eligible to vote may appoint any person as a proxy to vote on the representative’s behalf if the representative appointing the proxy deposits with the returning officer at least 2 days before the day on which the vote is to be held the document under which the proxy is appointed.

(11)  Notwithstanding subsection (8),

            (a)       a person may act as a proxy for more than one representative in respect of the same vote, and

            (b)       a representative of a producer may act as a proxy for more than one producer.

(12)  A person appointed as a proxy may only vote on resolutions at an annual commission meeting.

5   Section 19 is repealed and the following is substituted:

Directors

19   The Corporation consists of 8 Directors.

6   Section 22 is repealed.

7   Section 24 is amended by striking out “2 Directors at large” and substituting “8 Directors”.

 

8   Section 25 is repealed and the following is substituted:

Eligibility

25   In order to be elected to serve as a Director, a person must be an individual who is

            (a)       a registered producer, or

            (b)       appointed as a representative of a registered producer under section 18.

9   Section 30 is amended

            (a)           in subsection (1) by striking out “one, but nor more than 5, local” and substituting “one regional”;

            (b)          by repealing subsection (2) and substituting the following:

(2)  If more than one regional meeting is held pursuant to subsection (1), the combination of the meetings held constitutes the regional annual meeting.

10   Section 31 is repealed.

11   Section 32(2) is repealed and the following is substituted:

(2)  A notice given under subsection (1) must be sent to each registered producer

            (a)       by mail to the registered producer’s last address as shown in the records of the Corporation, or

            (b)       by e‑mail to the registered producer’s last e‑mail address as shown in the records of the Corporation.

12   Section 33 is repealed and the following is substituted:

Quorum re regional annual meeting

33   The quorum for any one of the regional meetings that constitute a regional annual meeting or for any regional annual meeting that consists of one meeting is not fewer than 6 registered producers.

13   Section 34 is amended

            (a)           by repealing clauses (a) and (b) and substituting the following:

                        (a)       in a year in which an election is to be held, vote in the election for Directors;

            (b)          in clause (d) by striking out “Regional”.

14   Section 40 is amended

            (a)           by repealing subsection (1);

            (b)          in subsection (2) by striking out “at large”;

            (c)           by repealing subsection (5);

            (d)          in subsection (6) by striking out “at large” wherever it occurs;

            (e)           by repealing subsection (7) and substituting the following:

(7)  The nomination of a candidate for election may be made by any person who is a registered producer or the representative of a registered producer.

15   Section 41 is amended

            (a)           by repealing subsection (1) and substituting the following:

Eligibility to vote

41(1)  Subject to this section and section 42, any producer is entitled to vote in any election for a Director if the producer

                        (a)       is a registered producer, and

                        (b)       has not voted at a previous regional meeting within the region during the current election.

            (b)          in subsection (3)(b) by striking out “and to hold office as a regional Director 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”.

 

16   Section 42(2) is amended

            (a)           by repealing clause (a);

            (b)          in clause (b) by striking out “at large”.

17   Section 42.1 is amended by adding “last” before “regional” wherever it occurs.

18   Section 43 is repealed and the following is substituted:

Election of candidates

43(1)  Subject to this Plan, in an election for Directors, the candidates receiving the largest number of votes are to be declared elected.

(2)  The counting of ballots is to take place after the conclusion of the last of all of the regions’ annual meetings at which voting was conducted in respect of that election.

19   Section 43.1 is repealed and the following is substituted:

Election of candidates for 2014 and thereafter

43.1   The Corporation must hold elections during the regional annual meetings for the year 2014 and thereafter as follows:

            (a)       all regions must participate in the election of 2 Directors at the 2014 regional annual meeting and every 3rd year thereafter;

            (b)       all regions must participate in the election of 4 Directors at the 2015 regional annual meeting and every 3rd year thereafter;

            (c)       all regions must participate in the election of 2 Directors at the 2016 regional annual meeting and every 3rd year thereafter.

20   Section 43.2 is amended by repealing subsections (1), (3) and (4).

21   Section 44 is repealed.

22   Section 44.1 is amended by striking out “or director at large”.

23   Section 45 is repealed and the following is substituted:

Election by acclamation

45   Where only the number of registered producers required to be elected as Directors have been nominated for the positions of Directors, the chief returning officer is to declare the persons nominated as being elected by acclamation.

24   Section 46 is amended

            (a)           by striking out “Regional” and “or a Director at large”;

            (b)          by adding “or where the regions fail to elect a Director” after “vacant,”.