Alberta Regulation 94/2007 Marketing of Agricultural Products Act ALBERTA SHEEP AND WOOL COMMISSION PLAN AMENDMENT REGULATION Filed: May 2, 2007 For information only: Made by the Lieutenant Governor in Council (O.C. 202/2007) on May 2, 2007 pursuant to section 23 of the Marketing of Agricultural Products Act. 1 The Alberta Sheep and Wool Commission Plan Regulation (AR 263/2001) is amended by this Regulation. 2 Section 1(o)(i) is amended by striking out breeds, raises, feeds or. 3 Section 5(1)(c) is amended by adding (a.1), after 10(a),. 4 Section 7(3) is repealed. 5 Section 9(1) is amended (a) in clause (g) by striking out general orders and substituting administrative orders and directives ; (b) by adding the following after clause (j): (k) may retain earnings and revenues from year to year to finance this Plan. 6 Section 11(c) is amended by adding or special Commission meeting held under section 26.1 after meeting. 7 Section 14 is repealed. 8 Section 16 is amended by striking out Unless otherwise changed pursuant to a motion passed at an annual Commission meeting, the and substituting The. 9 Section 20(3) is amended by adding or because of the operation of section 33.1 after this section. - 318 -
AR 94/2007 MARKETING OF AGRICULTURAL PRODUCTS 10 Section 24(2)(b) is amended by adding and a copy of the budget for the current year after year. 11 Section 26 is amended by striking out or at the end of clause (b), by adding or at the end of clause (c) and by adding the following after clause (c): (d) when the Commission determines that a special Commission meeting should be held. 12 The following is added after section 26: Special Commission meeting 26.1(1) If the Commission determines that a special Commission meeting should be held, the Commission may direct that a special zone meeting be held in respect of each zone. (2) Section 25 applies, with the necessary modifications, to a special Commission meeting. 13 Section 29 is amended (a) in clause (a) by striking out 18 and substituting 12 ; (b) in clause (e) by striking out 18 and substituting 12. 14 Section 30(3) is amended (a) by adding on August 31 of the year in which an election for directors is to be held after producers in the words preceding clause (a); (b) in clause (a) by adding statutory before declaration. 15 Section 33 is amended (a) in subsection (1) by adding, or the representative of an eligible producer appointed in accordance with section 31, after producer ; (b) in subsection (4) by striking out one year and substituting 18 months. - 319 -
AR 94/2007 MARKETING OF AGRICULTURAL PRODUCTS 16 The following is added after section 33: Ineligibility to serve as director 33.1 A person is not eligible to be elected as a director or to continue to hold the office of director if that person (a) as of the date of the election is under 18 years of age, (b) is a dependent adult as defined in the Dependent Adults Act or is the subject of a certificate of incapacity under that Act, (c) is a formal patient as defined in the Mental Health Act, (d) has been found to be a person of unsound mind by a court elsewhere than in Alberta, (e) has the status of a bankrupt, or (f) ceases to reside in the zone that he or she was elected to represent. 17 Section 34 is amended (a) in subsection (2) by striking out annual zone meeting and substituting annual or special zone meeting at which the election is held ; (b) in subsection (4)(a) by adding or at a special zone meeting called for that purpose pursuant to section 36(5)(a) after meeting ; (c) in subsection (5) by striking out The candidate and substituting Subject to subsection (5.1), the candidate ; (d) by adding the following after subsection (5): (5.1) Where after the ballots are counted it is determined (a) that there is a tie for the largest number of votes among 3 or more candidates, the returning officer must conduct further votes in respect of those candidates until such time as (i) one of those candidates receives the largest number of votes and is therefore elected to the position of director to represent the zone, or (ii) there is a tie for the largest number of votes between 2 of those candidates, in which case - 320 -
AR 94/2007 MARKETING OF AGRICULTURAL PRODUCTS clause (b) applies to determine the person elected to the position of director to represent the zone, or (b) that there is a tie for the largest number of votes between 2 candidates, the returning officer must draw from the names of those 2 candidates the name of one of them, and the person whose name is drawn is elected to the position of director to represent the zone. 18 Section 39 is amended by striking out February 28, 2007 and substituting February 28, 2012. 19 The Schedule is amended in section 2 (a) in clause (d)(ix) by striking out No. 22 ; (b) in clause (e) by adding the following after subclause (xiii): (xiv) Lakeland County; (c) in clause (f) by repealing subclause (v) and substituting the following: (v) Brazeau County; (d) in clause (g) (i) by repealing subclause (iv) and substituting the following: (iv) Clear Hills County; (ii) by repealing subclause (viii) and substituting the following: (viii) Northern Sunrise County; - 321 -
Alberta Regulation 95/2007 Mines and Minerals Act OIL SANDS ROYALTY REGULATION, 1997 AMENDMENT REGULATION Filed: May 2, 2007 For information only: Made by the Lieutenant Governor in Council (O.C. 203/2007) on May 2, 2007 pursuant to section 36 of the Mines and Minerals Act. 1 The Oil Sands Royalty Regulation, 1997 (AR 185/97) is amended by this Regulation. 2 Section 1(j) is amended by striking out section 17(1)(b)(i) and substituting section 17(1)(d)(i). 3 Section 17(1) is repealed and the following is substituted: Project description 17(1) A description or amended description specified for a Project under section 16(2)(a)(i) or (b)(i) (a) must correspond to a scheme or operation approved under the Oil Sands Conservation Act, (b) subject to clause (c), must not include any processing plant, well or other facility not approved for development under the Oil Sands Conservation Act, (c) may include wells and related transportation and measurement facilities not presently approved for development under the Oil Sands Conservation Act if the wells and facilities are on lands expressly contemplated for future development by the approval under the Oil Sands Conservation Act, and (d) must include a description of (i) the area and strata from which oil sands may be recovered pursuant to the Project, (ii) the surface areas occupied by the Project, and (iii) the facilities included in the Project. 4 Section 40 is amended by striking out 2007 and substituting 2009. - 322 -
Alberta Regulation 96/2007 Marketing of Agricultural Products Act ALBERTA CHICKEN PRODUCERS AUTHORIZATION AMENDMENT REGULATION Filed: May 8, 2007 For information only: Made by the Alberta Agricultural Products Marketing Council on April 18, 2007 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act and approved by the Minister of Agriculture and Food. 1 The Alberta Chicken Producers Authorization Regulation (AR 80/93) is amended by this Regulation. 2 Section 3.1 is amended by striking out May 31, 2007 and substituting May 31, 2012. -------------------------------- Alberta Regulation 97/2007 Marketing of Agricultural Products Act ALBERTA CHICKEN PRODUCERS MARKETING AMENDMENT REGULATION Filed: May 8, 2007 For information only: Made by Alberta Chicken Producers on April 18, 2007 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act and approved by the Agricultural Products Marketing Council on April 19, 2007. 1 The Alberta Chicken Producers Marketing Regulation (AR 3/2000) is amended by this Regulation. 2 Section 28.1(11) is amended (a) in clause (b) by striking out 5 years and substituting 7 years ; (b) in clause (c) by striking out 5 years and substituting 7 years ; (c) in clause (d) by striking out 5-year period and substituting 7-year period. - 323 -
Alberta Regulation 98/2007 Traffic Safety Act COMMERCIAL VEHICLE CERTIFICATE AND INSURANCE (EXTENSION 2007) AMENDMENT REGULATION Filed: May 15, 2007 For information only: Made by the Minister of Infrastructure and Transportation (M.O. 09/07) on May 11, 2007 pursuant to section 156 of the Traffic Safety Act. 1 The Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002) is amended by this Regulation. 2 Section 66 is amended by striking out 2007 and substituting 2010. -------------------------------- Alberta Regulation 99/2007 Traffic Safety Act COMMERCIAL VEHICLE CARRIER PROFILE REGULATION Filed: May 15, 2007 For information only: Made by the Minister of Infrastructure and Transportation (M.O. 10/07) on May 11, 2007 pursuant to section 156 of the Traffic Safety Act. Table of Contents 1 Definitions 2 Establishing and maintaining carrier profiles 3 Contents of carrier profiles 4 Changing information in carrier profiles 5 Notification about carrier profile changes 6 Availability of information on the carrier profile 7 Transitional provision 8 Repeal 9 Expiry Definitions 1 In this Regulation, (a) jurisdiction outside Alberta has the same meaning as it has in the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002); - 324 -
AR 99/2007 TRAFFIC SAFETY (b) registered owner has the same meaning as it has in the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002); (c) safety fitness certificate has the same meaning as it has in the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002); (d) safety fitness rating means the safety fitness rating assigned by the Registrar under the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002); (e) safety laws has the same meaning as it has in the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002). Establishing and maintaining carrier profiles 2(1) For the purpose of monitoring the activities and safety record of carriers, the Registrar (a) must establish and maintain a carrier profile for each person who is issued a safety fitness certificate under the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002), and (b) may establish and maintain a carrier profile for any other person who has operated, operates or may operate a commercial vehicle. (2) The carrier profile may be maintained in electronic or paper form, or both. Contents of carrier profiles 3 Subject to section 4, a carrier profile must contain at least the following information that is assigned by, provided to or obtained by the Registrar: (a) a record of any conviction of safety laws by the registered owner or by a driver employed or engaged by the registered owner; (b) a record of any collision involving a commercial vehicle owned or operated by the registered owner, including collisions in a jurisdiction outside Alberta; (c) a record of any administrative penalty imposed on the registered owner, or a driver employed or engaged by the - 325 -
AR 99/2007 TRAFFIC SAFETY registered owner, in Alberta or in a jurisdiction outside Alberta; (d) the safety fitness rating of the registered owner; (e) action taken against the registered owner under an enactment by a jurisdiction outside Alberta; (f) notices requiring the registered owner or a person employed or engaged by the registered owner to take an action or to cease engaging in conduct issued under an enactment in Alberta or in a jurisdiction outside Alberta; (g) any other information the Registrar considers appropriate in order to maintain a record of safety and compliance with safety laws by the registered owner or a person engaged or employed by the registered owner, including, if the Registrar considers appropriate, (i) written reports of occurrences or incidents recorded by a peace officer in Alberta or in a jurisdiction outside Alberta, (ii) the results of an inspection conducted by a peace officer or the Registrar under the Act, or by a governmental authority in a jurisdiction outside Alberta, and (iii) written records of meetings with the registered owner and any follow-up to the meetings. Changing information in carrier profiles 4(1) The Registrar may (a) remove information from a carrier profile if the information is in error, inaccurate or no longer relevant, (b) remove information from a carrier profile if the Registrar is satisfied that the registered owner was not responsible for the incident or matter that generated the information recorded on the profile, (c) include information in two or more carrier profiles if the Registrar is satisfied that 2 or more persons are jointly or each partially responsible for the incident or matter that generated the information recorded on the profile, or (d) add information to a carrier profile if the Registrar is satisfied that by association or employment, or by managerial or other responsibility, a person is responsible or partly responsible - 326 -
AR 99/2007 TRAFFIC SAFETY for the incident or matter that generated the information recorded on the profile. (2) In making a decision under subsection (1), the Registrar must have regard to the purpose of establishing and maintaining carrier profiles stated in section 2(1). Notification about carrier profile changes 5(1) When the Registrar records information in a carrier profile against a carrier who is not either the registered owner of a commercial vehicle to which the information relates or a driver employed or engaged by the registered owner, the Registrar must notify the carrier in writing, giving reasons. (2) The carrier notified may, in writing, request the Registrar to reconsider the decision and the Registrar may make any changes the Registrar considers necessary and notify the applicant in writing of (a) the decision, with reasons, and (b) the applicant s right to appeal to the Board and how to make the appeal. Availability of information on the carrier profile 6(1) A carrier is entitled to see all the information maintained by the Registrar on the carrier s own carrier profile. (2) For the purposes of section 11.1 of the Act, the Registrar may provide to a commercial transport official for a jurisdiction outside Alberta any commercial transport information in respect of any commercial vehicles that are described or referred to in a carrier profile. Transitional provision 7 All records and other information established and maintained, in whatever form, under the Commercial Vehicle Carrier Profile Regulation (AR 305/2002) or the Commercial Vehicle Carrier Profile Regulation (AR 84/2005) in order to establish a safety rating under that regulation constitute carrier profiles established by the Registrar under this Regulation. Repeal 8 The Commercial Vehicle Carrier Profile Regulation (AR 84/2005) is repealed. - 327 -
AR 99/2007 TRAFFIC SAFETY Expiry 9 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on May 31, 2010. - 328 -