Copyright of Alberta Statutes and Regulations, belongs to the Province of
Alberta. No person may reproduce copies of the legislation for any purpose
other than personal use without the consent of the Alberta Queen's Printer.
AR 280/96 Alberta Fresh Vegetable Producers' Plan
(Consolidated up to 3/98)
ALBERTA REGULATION 280/96
Marketing of Agricultural Products Act
ALBERTA FRESH VEGETABLE
PRODUCERS' PLAN REGULATION
Table of Contents
Definitions 1
Designation of agricultural product 2
Designation of Canada Act 3
Part 1
General Operation of Plan
Division 1
Plan
Plan continued 4
Termination of Plan 5
Application of Plan 6
Purpose and intent 7
Districts 8
Division 2
Operation of Plan by Board
Board continued 9
Functions of Board 10
Regulations to operate Plan 11
Financing of Plan 12
Remuneration 13
Appointment of auditor 14
Authority from Governor in Council 15
Indemnification fund 16
Part 2
Governance of Plan
Division 1
Board
Members of the Board 17
Representation by areas 18
Chairman 19
Board meetings 20
Quorum 21
Terms of office 22
Missing meetings 23
Filling vacancies 24
Division 2
General Meetings of Producers
Annual general meetings 25
Special general meetings 26
Time and place of general meeting 27
Notification of general meeting 28
Quorum 29
Division 3
Eligibility, Voting and Elections
Producers who are individuals 30
Producers who are not individuals 31
Voting 32
Election for member of the Board 33
Eligibility re Board member 34
Returning officer 35
Election records 36
Result of invalid election 37
Controverted election 38
Part 3
Transitional, Review and Repeal
Transitional 39
Review 40
Repeal 41
Definitions
1 In this Regulation,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "Board" means the Board continued under section 9;
(c) "broker" means a person who, on behalf of a producer, sells or
offers for sale or receives for either of those purposes, the regulated
product produced by that producer;
(d) "consumer" means a person who receives or purchases the
regulated product
(i) for the use of that person, or
(ii) in the case of an individual, for the use of that
person's family,
and not for the purpose of re-sale in any form;
(e) "Council" means the Alberta Agricultural Products Marketing
Council;
(f) "fresh cut vegetables" means field-grown fresh vegetables that
have been peeled, sliced, chopped or shredded, but that have not been
cooked, canned, frozen or dried for any type of long term preservation;
(g) "marketing" means buying, owning, selling, offering for sale,
storing, grading, assembling, packing, transporting, advertising or
financing the regulated product in any manner by any person;
(h) "person" means a person as defined in the Interpretation Act
and includes
(i) a partnership as defined in the Partnership Act,
(ii) any unincorporated organization that is not a
partnership referred to in subclause (i), and
(iii) any 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);
(i) "Plan" means the Plan continued under section 4;
(j) "producer" means any person who produces the regulated product;
(k) "registered producer" means a producer who is registered with
the Board;
(l) "regulated product" means field-grown fresh vegetables grown in
Alberta, including fresh cut vegetables, but does not include vegetables
grown for processing or potatoes;
(m) "representative" means an individual appointed as a
representative under section 31;
(n) "retailer" means a person, other than a producer or broker, who
sells the regulated product directly to a consumer;
(o) "voters list" means a list of individuals entitled to vote in
an election provided for in this Regulation;
(p) "wholesaler" means a person, other than a producer or broker,
who sells the regulated product to anyone other than a consumer.
Designation of agricultural product
2 Field-grown fresh vegetables and fresh cut vegetables are designated as
agricultural products for the purpose of the Act.
Designation of Canada Act
3 The Advance Payments for Crops Act (Canada) including any amendments to
or replacements of it is hereby designated as a Canada Act.
PART 1
GENERAL OPERATION OF PLAN
Division 1
Plan
Plan continued
4 The Alberta Fresh Vegetable Marketing Plan, 1974 established under
Alberta Regulation 167/74 and continued as the Alberta Fresh Vegetable
Marketing Plan under Alberta Regulation 331/90 is hereby amended and
continued under this Regulation with the name "Alberta Fresh Vegetable
Producers' Plan".
Termination of Plan
5 This Plan does not terminate at the conclusion of a specific period of
time and shall remain in force unless otherwise terminated pursuant to the
Act.
Application of Plan
6(1) This Plan applies
(a) to all of Alberta, and
(b) to all persons who produce or market or produce and market the
regulated product.
(2) Notwithstanding subsection (1), the sales by a producer directly to a
consumer of the regulated product produced by the producer are exempt from
this Plan.
Purpose and intent
7 The purpose of the Plan is to encourage the development of a globally
competitive industry through the effective promotion, control and
regulation of the marketing of the regulated product in Alberta and,
without limitation, to accomplish the following:
(a) the licensing of producers and brokers;
(b) the promotion of sound supply chain management practices to
ensure continuity of a high quality market supply of the regulated product
and services year round;
(c) the promotion of
(i) the replacement of imported field-grown fresh
vegetables and fresh cut vegetables by the regulated product produced by
Alberta producers,
(ii) market expansion for the regulated product, and
(iii) integrated production and marketing of the
regulated product;
(d) the maintenance of industry statistics and the use of market
surveys, industry analyses and international market studies by producers to
encourage the transfer of technology, marketing systems and research;
(e) the promotion of co-operative marketing structures by producers
and others and the development of provincial, national and international
strategic alliances with other marketing boards and commissions,
corporations, grower associations and co-operatives to enable producer
participation in national and international markets;
(f) to assist producers in meeting the requirements of national and
international quality control and food safety programs, product
identification and handling systems;
(g) to encourage understanding of international trade agreements;
(h) the establishment and maintenance of a system of grading
wherein all regulated product must be graded before sale to anyone other
than a consumer;
(i) the establishment and maintenance of minimum price or prices of
the regulated product or any class, variety, grade, size or kind of the
regulated product, whether packaged or handled in bulk, to ensure
competitive pricing against any imported product for the producer or
broker, when selling to any person other than a consumer;
(j) to promote suitable forms of market information and to
encourage communication and producer information exchange through
management programs;
(k) to promote and support development of horticultural human
resource training programs for management and employees and the
certification of those persons;
(l) to establish and maintain a research fund enabling the conduct
of research into the production of the regulated product, development of
storage, fresh-cut technology, packing and marketing;
(m) to promote the registration of necessary pesticides and
chemicals and to support necessary testing of them for use in Alberta;
(n) to promote and facilitate for producers and co-operative
marketing organizations the access to appropriate sources of capital for
construction of storage and handling facilities and of plant and equipment
for the purposes of encouraging industry growth and efficiency;
(o) to promote the interests of producers in representations to
governments regarding legislation which may impact on the production or
marketing of the regulated product and the pursuit of suitable forms of
crop insurance and safety nets;
(p) to co-operate with marketing boards and commissions,
corporations, grower associations and co-operatives located in Alberta and
in other provinces that have objectives similar to those of the Board;
(q) to co-operate with the Government of Canada and the Government
of Alberta in respect of the maintenance of the quality and the marketing
of the regulated product;
(r) the participation in the program under the Advance Payments for
Crops Act (Canada).
Districts
8 For the purposes of this Plan, Alberta is divided into the 2 following
districts:
(a) Alberta North consisting of all that area of Alberta that is
north of the 7th base line;
(b) Alberta South consisting of all that area of Alberta that is
south of the 7th base line.
Division 2
Operation of Plan by Board
Board continued
9 The Alberta Fresh Vegetable Marketing Board is hereby continued with
the name "Alberta Fresh Vegetable Producers".
Functions of Board
10 The Board
(a) is responsible, subject to the Act, for the operation,
regulation, supervision and enforcement of this Plan;
(b) shall open one or more bank accounts and designate any
officers, employees and other persons necessary to sign cheques and
transact the Board's business with its financial institution, and shall
generally do all things incidental to or in connection with the transaction
of the Board's business with its financial institution;
(c) shall maintain or cause to be maintained books and records that
from time to time may be required under the Act, the regulations or by
virtue of any order of the Council or that may be required by the Board;
(d) shall open its books and records for inspection at all
reasonable times at the office of the Board on the written request of any
registered producer or any member of the Council;
(e) shall forward to each registered producer a copy of the
auditor's report with a notice of the annual general meeting;
(f) shall maintain an office and notify the Council and each
registered producer, dealer and other person or agency licensed by the
Board of the location of the office;
(g) may appoint officers and agents, prescribe their duties and fix
and provide for their remuneration;
(h) may, subject to the Act, the regulations and any orders of the
Council, issue orders governing the Board's internal operations.
Regulations to operate Plan
11(1) For the purposes of enabling the Board to operate this Plan, the
Council, with the approval of the Minister, may authorize the Board,
pursuant to section 26 of the Act, to make regulations
(a) requiring producers engaged in the production or marketing, or
both, of the regulated product to register their names and addresses with
the Board;
(b) requiring any person who produces or markets the regulated
product to furnish to the Board any information or record relating to the
production or marketing of the regulated product that the Board considers
necessary;
(c) requiring persons to be licensed under this Plan before they
become engaged in the production or marketing or the production and
marketing of the regulated product;
(d) prohibiting persons from engaging in the production or
marketing of the regulated product except under the authority of a licence;
(e) governing the issuance, suspension or cancellation of a licence
under this Plan;
(f) providing for
(i) the assessment, charging and collection of service
charges and licence fees from producers from time to time for the purposes
of this Plan, and
(ii) the taking of legal action to enforce payment of
the service charges and licence fees;
(g) requiring any person who receives the regulated product from a
producer
(i) to deduct from the money payable to the producer
any service charges and licence fees payable by the producer to the Board,
and
(ii) to forward the amount deducted to the Board;
(h) providing for the use of any class of service charges, licence
fees or other money payable to or received by the Board for the purposes of
paying its expenses and administering this Plan and the regulations made by
the Board;
(i) requiring persons who produce or market the regulated product
to mark the containers of their products to show the place of origin or
place of production to the satisfaction of the Board;
(j) providing for the payment to a Canada Board of money that is
payable under a Canada Act.
(2) For the purposes of enabling the Board to operate this Plan, the
Council, with the approval of the Minister, may authorize the Board,
pursuant to section 27(1) of the Act, to make regulations
(a) requiring any person who provides an agricultural product to a
producer under this Plan to furnish to the Board any information requested
by the Board;
(b) providing for the establishment and operation of one or more
programs for the disposition of any regulated product considered to be
surplus to market requirements;
(c) determining from time to time the minimum price or prices that
shall be paid to producers for the regulated product or any class, variety,
grade, size or kind of the regulated product and determining different
prices for different parts of Alberta;
(d) requiring that the money payable or owing to a producer for the
regulated product be paid to or through the Board;
(e) providing for the payment to a producer of the money payable or
owing for the regulated product, less any service charges owing to the
Board by the producer, and fixing the time or times at which or within
which the payments shall be made;
(f) providing
(i) for the operation of one or more pools for the
distribution of all money payable to the producers from the sale of the
regulated product, and
(ii) for the deduction of reasonable and proper
disbursements and expenses with respect to the operation of the pool;
(g) providing for the collection from any person by legal action of
money owing to a producer for the regulated product.
Financing of Plan
12 In accordance with the regulations, this Plan shall be financed
(a) by the charging and collection of service charges or licence
fees, or both, and
(b) by other money payable to or received by the Board including,
without restricting the generality of the foregoing, money arising from
investments of and other income earned by the Board.
Remuneration
13 The remuneration to be paid to the Chairman of the Board and to the
other members of the Board shall be fixed by a vote of the registered
producers at an annual general meeting or special general meeting of the
registered producers.
Appointment of auditor
14(1) The registered producers shall from time to time appoint an auditor
for the Board.
(2) The appointment of an auditor shall be made at an annual general
meeting or special general meeting of the registered producers.
Authority from Governor in Council
15 In accordance with section 50 of the Act, the Board may, with respect
to the production or marketing, or both, of the regulated product, be
authorized to perform any function or duty and exercise any power imposed
or conferred on the Board by or under the Agricultural Products Marketing
Act (Canada) or the Farm Products Agencies Act (Canada), or both of them.
Indemnifica-tion fund
16 The Board shall not establish and operate a fund under section 34 or
35 of the Act.
PART 2
GOVERNANCE OF PLAN
Division 1
Board
Members of the Board
17 The Board shall consist of 7 members as follows who must be registered
producers:
(a) 3 members representing Alberta North;
(b) 4 members representing Alberta South.
Representa-tion by areas
18 The Board, with the approval of the Council, may divide a district
into areas, which shall be represented by members of the Board elected
within each area.
Chairman
19(1) The members of the Board shall, at their first meeting following
each election of members to the Board, elect from the members of the Board
one member to serve as Chairman of the Board and one member to serve as
Vice-chairman of the Board.
(2) Where the Chairman's position becomes vacant the Vice-chairman shall
assume the position of the Chairman and the Board shall elect from the
members of the Board one member to serve as Vice-chairman.
Board meetings
20 The Board may, at the call of the Chairman or 3 other members of the
Board, conduct meetings of the members of the Board.
Quorum
21 The quorum necessary under this Plan for a meeting of the members of
the Board is a majority of the members on the Board at the time.
Terms of office
22(1) The term of office of a person elected as a member of the Board
under section 33 shall
(a) commence on the conclusion of the annual general meeting at
which the election is held to fill the office, and
(b) expire on the conclusion of the annual general meeting held in
the 3rd year following the year in which the term commenced.
(2) No person shall serve for more than 2 consecutive full terms as a
member of the Board.
Missing meetings
23 Where a member of the Board is absent for 3 consecutive meetings of
the Board, the member's seat on the Board becomes vacant at the conclusion
of the 3rd consecutive meeting from which the member was absent unless the
Board considers that extenuating circumstances exist, in which case the
Board may waive the application of this section.
Filling vacancies
24(1) Where a vacancy occurs on the Board, the Board may, with the
approval of Council, appoint, from among the registered producers who are
eligible to be elected or who are eligible to have representatives elected
to the Board, an individual
(a) as a member for the unexpired portion of the term, or
(b) as a member until the next annual general meeting, when the
position must be filled in accordance with subsection (2).
(2) At an election held to fill a position under subsection (1)(b), the
person elected shall hold office
(a) for the unexpired portion, if any, of the term of the member
who originally vacated the position, or
(b) in accordance with section 22, in any other case.
Division 2
General Meetings of Producers
Annual general meetings
25(1) The Board shall hold an annual general meeting of registered
producers at least once in each calendar year.
(2) Not more than 15 months may elapse between annual general meetings of
registered producers.
Special general meetings
26 Special general meetings of registered producers
(a) may be called by the Board at any time, and
(b) shall be called by the Board on the written request of 10 or
more registered producers.
Time and place of general meeting
27 The time and place of an annual general meeting or a special general
meeting shall be fixed by the Board.
Notification of general meeting
28(1) The Board shall send to all registered producers entitled to vote
written notice not less than 15 days prior to a meeting referred to in
section 27 setting out
(a) the time and location of the meeting, and
(b) if special or extraordinary business is to be transacted at the
meeting, the nature of the business.
(2) A notice under subsection (1) may be conveyed to a registered producer
at the registered producer's last address shown on the records of the Board
and the notice may be sent by the following means:
(a) by ordinary mail;
(b) by electronic mail or other electronic means.
Quorum
29 The quorum necessary under this Plan for an annual general meeting or
a special general meeting of registered producers is 15% of the registered
producers.
Division 3
Eligibility, Voting and Elections
Producers who are individuals
30(1) A registered producer who is an individual may, subject to this
Plan,
(a) make representations on any matter pertaining to this Plan,
(b) attend meetings held under this Plan,
(c) vote on any matter under this Plan,
(d) vote at an election under this Plan, and
(e) hold office under this Plan.
(2) An individual who is eligible to vote may appoint another individual
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) An individual may not act as a proxy for more than one individual in
respect of the same vote.
Producers who are not individuals
31(1) If a registered producer is not an individual and
(a) makes representations on any matter pertaining to this Plan,
(b) attends meetings held under this Plan,
(c) votes on any matter under this Plan,
(d) votes at an election under this Plan, or
(e) holds office under this Plan,
that registered producer shall do so in accordance with this section.
(2) A registered producer that is not an individual shall appoint an
individual to be the representative of the registered producer.
(3) A representative appointed by a registered producer under this section
shall
(a) represent the registered producer in any matter pertaining to
this Plan,
(b) attend meetings on behalf of the registered producer, and
(c) vote and hold office, as the case may be, on behalf of the
registered producer.
(4) If a registered producer is
(a) a corporation, it shall appoint an individual who is a
director, shareholder, member, officer or employee of the corporation as
its representative,
(b) a partnership, it shall appoint an individual who is a partner
or employee of the partnership as its representative, or
(c) an organization, other than a corporation or partnership, it
shall appoint an individual who is a member, officer or employee of the
organization as its representative.
(5) An appointment of a representative under this section must be in
writing.
(6) In the case where a vote is to be taken at a meeting, the registered
producer must deposit a document with the returning officer at least 2 days
before the day on which the vote is to be held indicating the name of the
person who may vote as a representative of the registered producer.
(7) An individual may not be a representative under this section for more
than one registered producer.
(8) A representative shall not vote or hold office before the
representative's appointment is deposited in accordance with subsection
(6).
Voting
32(1) Subject to sections 30 and 31, a person who
(a) is a registered producer or a representative of a registered
producer,
(b) resides in Alberta, and
(c) is present at an annual general meeting or special general
meeting
is eligible to vote on any matter at that meeting and is eligible to vote
in the election of members of the Board.
(2) A person who is eligible to vote may
(a) vote once on each matter, and
(b) in the case of an election of members of the Board, vote for
any number of candidates the person chooses, not exceeding the number of
members to be elected to the Board,
notwithstanding that the person may
(c) manage or operate or own, lease or hold equity in one or more
operations that are registered separately with the Board, or
(d) hold a proxy for another registered producer.
(3) Nothing in this Plan prohibits a voter who is resident in one district
or area from voting for a candidate who is resident in another district or
area and who is standing for election as a member of the Board representing
that other district or area.
(4) Subject to subsection (5), a registered producer shall not vote in any
election unless the registered producer's name appears on the voters list.
(5) Where the name of a registered producer who is eligible to vote does
not appear on the voters list, that registered producer, or the registered
producer's representative, shall be allowed to vote if the individual who
intends to vote signs a declaration, witnessed by the returning officer and
an individual entitled to vote, stating that the individual
(a) is a registered producer or is appointed under section 31 as a
representative of a registered producer, and
(b) has not previously voted in that election.
Election for member of the Board
33 Where the term of office of a member of the Board expires at the
conclusion of an annual general meeting, an election shall be held to fill
that office at the annual general meeting at which the term of office is to
expire.
Eligibility re Board member
34(1) A person is not eligible to be a member of the Board unless the
person
(a) is a registered producer or a representative of a registered
producer, and
(b) resides in
(i) the district, or
(ii) the area within the district, if the district is
divided into areas under this Plan,
that the member is to represent.
(2) Where, during the term of office of a member of the Board,
(a) in the case of a registered producer who is an individual, the
individual ceases to be a registered producer, or
(b) in the case of a registered producer who is not an individual,
(i) the registered producer ceases to be a registered
producer, or
(ii) the registered producer terminates an individual's
appointment as its representative,
that person ceases to be a member of the Board effective on the day the
individual ceases to be a registered producer, the registered producer who
is not an individual ceases to be a registered producer or the registered
producer who is not an individual terminates the individual's appointment
as the representative of the registered producer, as the case may be.
Returning officer
35(1) The Secretary-Manager of the Board or another person designated by
the Board shall be the returning officer for elections carried out under
this Plan and is responsible for the elections of members of the Board and
for the administrative procedures relating to the conduct of an election.
(2) The returning officer shall
(a) prepare the voters list,
(b) ensure that each person who votes in an election is on the
voters list or has signed a declaration pursuant to section 32(5), and
(c) permit scrutiny of the returning officer's actions by a
scrutineer in respect of the conduct of an election.
Election records
36 Unless otherwise directed by Council, the Board shall not destroy any
records relating to an election until at least 90 days have expired after
the day of the election.
Result of invalid election
37(1) If an election is held under this Plan and there is in attendance at
the meeting at which the election is held an insufficient number of persons
who are eligible to vote at the election,
(a) the election is void, and
(b) the position for which the election was held is vacant.
(2) Notwithstanding that a position is vacant under subsection (1), the
term of office of the position is deemed to have commenced as if a person
had been elected to the position.
(3) Notwithstanding section 24, if a position is vacant under subsection
(1), the Council shall fill the position by appointing, from persons
eligible to be elected to that position, a person to fill that position.
(4) A person appointed under subsection (3) shall serve that portion of
the term that runs to the next annual general meeting following the
person's appointment, at which time
(a) the person ceases to hold office, and
(b) an election shall be held
(i) to fill the office for the unexpired portion, if
any, of the term of the vacant position, or
(ii) in accordance with section 22, in any other case.
Controverted election
38(1) If a registered producer
(a) questions
(i) the eligibility of a candidate,
(ii) the eligibility of a voter,
(iii) any matter relating to a ballot or the tabulation
of ballots, or
(iv) any irregularity with respect to the conduct of an
election,
and
(b) seeks to have the election declared invalid and the position
declared vacant,
the registered producer shall, not later than 30 days after the day of the
election, apply in writing to the Council to have the election declared
invalid and the position declared vacant.
(2) On receipt of an application under subsection (1), the Council shall
consider the matter and may
(a) declare the election to be proper and the position filled, if
in the opinion of the Council there is no basis for the application,
(b) declare the election to be proper and the position filled,
notwithstanding that there is a basis for the application, if, in the
opinion of Council,
(i) the basis for the application did not materially
affect the result of the election, and
(ii) the election was conducted substantially in
accordance with this Regulation and the Act,
or
(c) declare the election to be void and the position vacant, if in
the opinion of the Council there is a basis for the application and the
basis is sufficient to or did affect the result of the election.
(3) Notwithstanding that an election is declared void and a position is
declared vacant under subsection (2)(c), the term of office of the position
declared vacant is deemed to have commenced on the day that the election
which was declared void was held.
(4) Notwithstanding section 24, if the Council declares an election to be
void and the position vacant, the Council may
(a) order that, within the time that the Council considers proper,
a special general meeting be held and an election conducted to fill the
vacant position, or
(b) appoint, from among the persons who are eligible to be elected
to the position, a person to fill the vacant position.
(5) A person elected under subsection (4)(a) shall hold office for the
unexpired portion of the term.
(6) A person appointed under subsection (4)(b) shall serve that portion of
the term that runs to the next annual general meeting following that
person's appointment, at which time
(a) that person ceases to hold office, and
(b) an election shall be held
(i) to fill the unexpired portion, if any, of the term,
or
(ii) in accordance with section 33, in any other case.
PART 3
TRANSITIONAL, REVIEW AND REPEAL
Transitional
39(1) In this section,
(a) "new Plan" means this Plan as continued by this Regulation;
(b) "previous Plan" means the Alberta Fresh Vegetable Marketing
Plan Regulation (Alta. Reg. 331/90) as it read immediately before the
coming into force of this Regulation.
(2) The persons who, immediately before the coming into force of this
Regulation, were members of the Board under the previous Plan shall, on the
coming into force of the new Plan, continue as
members of the Board under the new Plan until members of the Board are
elected under the new Plan.
Review
40 In compliance with the on-going regulatory review initiative, this
Regulation must be reviewed on or before June 30, 1998.
AR 280/96 s40;3/98
Repeal
41 Alberta Regulation 331/90 is repealed.
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