Alberta Pulse Growers Marketing Plan Regulation

(Consolidated up to 58/2025) alberta regulation 77/2024 Marketing of Agricultural Products Act ALBERTA PULSE GROWERS MARKETING PLAN REGULATION Table of Contents 1 Definitions 2 Designation of agricultural product Part 1 General Operation of Plan Division 1 Plan 3 Plan continued 4 Termination of Plan 5 Application of Plan 6 Purposes of Plan Division 2 Operation of Plan by Commission 7 Commission continued 8 Functions of Commission 9 Regulations to operate Plan 10 Financing of Plan 11 Service charges refundable 12 No indemnification or other funds Part 2 Governance of Plan 13 Zone 14 Zone advisors 15 Composition of Commission 16 Election of zone directors 17 Election of directors at large 18 Vacancy 19 Insufficient attendance 20 Election irregularities Part 3 Review, Transitional and Repeal 21 Review 22 Transitional 23 Repeal Definitions 1 In this Regulation, (a) “Act” means the Marketing of Agricultural Products Act ; (b) “annual Commission meeting” means an annual general meeting of the directors and the eligible producers held in accordance with the bylaws; (c) “bean grower” means an eligible producer who, (i) during the current crop year, grows dry beans for sale, or (ii) during either of the 2 immediately preceding crop years, grew dry beans for sale; (d) “broker” means a person who, for a commission or fee, brings parties together and assists in negotiating contracts between them; (e) “bylaws” means bylaws made by the Commission pursuant to section 26(2.1) of the Act; (f) “Commission” means the Alberta Pulse Growers Commission; (g) “Council” means the Alberta Agricultural Products Marketing Council; (h) “crop year” means the period from August 1 of one year to July 31 of the following year; (i) “dealer” means a person purchasing or acquiring regulated product from a producer and includes (i) elevator companies, grain companies, grain dealers, grain brokers, processors, feed manufacturers and livestock feeders, and (ii) persons who acquire regulated product for sale on the producer’s behalf, but does not include a person purchasing or acquiring regulated product from a producer solely for the person’s own use and not for resale; (j) “director” means a director of the Commission, whether elected or appointed as a zone director or director at large; (k) “eligible producer” means a producer who qualifies as an eligible producer under the bylaws or a person who notifies the Commission in writing under section 5(2); (l) “non‑bean grower” means an eligible producer who, (i) during the current crop year, grows peas, lentils, fababeans, soybeans, lupines, chickpeas or mung beans for sale, or (ii) during either of the 2 immediately preceding crop years, grew peas, lentils, fababeans, soybeans, lupines, chickpeas or mung beans for sale; (m) “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); (n) “Plan” means the Alberta Pulse Growers Marketing Plan referred to in section 3; (o) “processing” means altering pulses from their raw or natural state; (p) “processor” means a person engaged in the business of processing pulses; (q) “producer” means a person who, (i) during the current crop year, grows pulses for sale, or (ii) during either of the 2 immediately preceding crop years, grew pulses for sale; (r) “pulse” means the dry edible seeds of the following leguminous crops: (i) peas; (ii) beans; (iii) lentils; (iv) fababeans; (v) soybeans; (vi) lupines; (vii) chickpeas; (viii) mung beans; (s) “regulated product” means pulse other than pulse used for planting; (t) “special Commission meeting” means a special general meeting of the directors and the eligible producers held in accordance with the bylaws; (u) “special zone meeting” means a special general meeting, held in accordance with the bylaws, of the eligible producers who produce or grow pulse crops within a zone; (v) “zone advisor” means a person elected or appointed as a zone advisor in accordance with the bylaws. Designation of agricultural product 2 Pulse is designated as an agricultural product for the purposes of the Act. Part 1 General Operation of Plan Division 1 Plan Plan continued 3 The Alberta Pulse Growers Marketing Plan continued under the Alberta Pulse Growers Marketing Plan Regulation (AR 120/99) is amended and continued under this Regulation. Termination of Plan 4 The Plan does not terminate at the conclusion of a specific period of time and remains in force unless otherwise terminated under the Act. Application of Plan 5 (1) The Plan applies (a) to all of Alberta, (b) to all persons in Alberta who produce or market or produce and market the regulated product, and (c) for the purposes of section 9(a) to (d) and (h), (i) to any dealer, and (ii) to any person who is not an eligible producer or a dealer and who markets or processes the regulated product. (2) Any person who grows pulses on one or more parcels of land that, in the aggregate, exceed 10 acres in area and disposes of that person’s entire pulse crop by (a) using the pulses on that person’s own farm or feedlot, or (b) using a portion of the pulses on that person’s own farm or feedlot, may in writing notify the Commission that the person wishes to be an eligible producer for the purposes of the Plan and on the Commission being so notified that person is an eligible producer under the Plan until the person either (c) ceases growing pulses for the 2 crop years immediately succeeding the present crop year, or (d) notifies the Commission in writing that the person no longer wishes to be an eligible producer under the Plan. Purposes of Plan 6 (1) The purposes of the Plan are to do the following: (a) to sponsor, direct and assist in research and development of all kinds pertaining to the furtherance and development of the pulse industry in Alberta; (b) to provide studies, research and development in connection with the production and marketing of pulses, including help to eligible producers and dealers in implementing proper measures respecting the production, processing and marketing of pulses; (c) to direct and assist in the advertising of and to promote the consumption of pulses; (d) to work with federal and provincial agencies and with any person to improve the pulse industry; (e) to represent the pulse industry at regional, national and international meetings, where possible; (f) to represent the pulse industry at public hearings and inquiries that are of concern to eligible producers; (g) to act as an agent on behalf of eligible producers in respect of matters relating to the Canada Revenue Agency’s Scientific Research and Experimental Development Program as it applies to pulses; (h) to advise governments on matters concerning the pulse industry; (i) to work with any other organization that has similar objectives to those of the Commission. (2) Under the Plan neither the production nor the marketing of the regulated product is to be controlled or regulated. Division 2 Operation of Plan by Commission Commission continued 7 The Alberta Pulse Growers Commission is continued. Functions of Commission 8 The Commission (a) is responsible for the operation, regulation, supervision and enforcement of the Plan, the regulations made by the Commission and the bylaws, and (b) in accordance with section 50 of the Act, may be authorized to perform any function or duty and exercise any power imposed or conferred on the Commission by or under the Agricultural Marketing Programs Act (Canada). Regulations to operate Plan 9 The Commission is authorized under section 26(1) of the Act to make, with the approval of the Council, regulations (a) requiring any person who produces, markets or processes the regulated product to furnish to the Commission any information or record relating to the production, marketing or processing of the regulated product that the Commission considers necessary; (b) requiring all dealers to be licensed under the Plan before they become engaged in the marketing or processing of pulses; (c) prohibiting dealers from engaging in the marketing or processing of pulses except under the authority of a licence issued under the Plan; (d) governing the issuance, suspension or cancellation of a licence issued under the Plan; (e) providing for (i) the assessment, charging and collection of service charges from producers, from time to time, for the purposes of the Plan, and (ii) the taking of legal action to enforce payment of the service charges; (f) respecting the circumstances, if any, under which a service charge may be refunded to a producer; (g) requiring any dealer or other person who receives the regulated product from a producer (i) to deduct from the money payable to the producer any service charges payable by the producer to the Commission, and (ii) to forward the amount deducted to the Commission; (h) providing for the use of any class of service charges or other money payable to or received by the Commission for the purposes of paying its expenses and administering the Plan and the regulations made by the Commission. AR 77/2024 s9;58/2025 Financing of Plan 10 In accordance with the regulations, (a) the Plan is to be financed (i) by the charging and collection of service charges from producers, and (ii) by any other money payable to or received or accrued by the Commission; (b) the service charges are to be collected by the dealer if the product is being purchased or acquired by a dealer; (c) the service charges are to be collected directly from the producer if the product is purchased or acquired by a person who is not a dealer; (d) the service charges are to be assessed against all producers on a uniform unit basis and calculated on the quantity of the various pulses sold by the producers; (e) the amount of the service charges is to be established at the annual Commission meeting; (f) the Commission may vary the service charges (i) at the annual Commission meeting, or (ii) at a special Commission meeting called for that purpose. Service charges refundable 11 (1) In accordance with the regulations, the service charge is refundable to an eligible producer, on request of the eligible producer. (2) In the event that within one crop year (a) the eligible producers requesting a refund of the service charges comprise more than 35% of existing eligible producers, and (b) those eligible producers requesting a refund account for at least 35% of the service charges collected during the current crop year, the Council may direct that the continued operation of the Plan shall be subject to approval by a majority of eligible producers at a plebiscite to be held under the direction of the Council pursuant to the Act. (3) The Commission must, within 120 days following the end of a crop year, report to the Council the refunds made under this section for that crop year. No indemnification or other funds 12 A fund shall not be established under section 34 or 35 of the Act. Part 2 Governance of Plan Zone 13 (1) For the purposes of the Plan and the bylaws, Alberta is divided into 5 zones. (2) The area included in each zone is as set out in the bylaws. Zone advisors 14 Each zone is represented by advisors elected or appointed in accordance with the bylaws. Composition of Commission 15 (1) The Commission consists of (a) 10 directors, being 2 zone directors from each zone, (b) one director at large from among the non‑bean grower producers, and (c) one director at large from among the bean grower producers. (2) To be eligible for election as a director, an eligible producer must meet the eligibility requirements set out in the bylaws. (3) In addition to the directors referred to in subsection (1), the Commission may appoint non‑voting advisors to sit on the Commission in whatever capacity that the Commission considers to be in the best interests of the pulse industry. Election of zone directors 16 (1) The election of directors to represent a zone is to be carried out by means of a vote of the zone advisors of that zone in accordance with the procedures set out in the bylaws. (2) An election described in subsection (1) is to be held each year following the announcement of the results of any election of advisors for the zone and before the commencement of the annual Commission meeting. Election of directors at large 17 The election for the directors at large is to be conducted at the annual Commission meeting by means of a vote of eligible producers in accordance with the procedures set out in the bylaws. Vacancy 18 Subject to section 20(5), if a vacancy occurs on the Commission, the Commission, in accordance with the bylaws and with the approval of the Council, may appoint from among the eligible producers who are eligible to be elected as a director an individual to fill the vacant position for the unexpired portion of the term. Insufficient attendance 19 (1) If there is in attendance at a meeting at which an election is held an insufficient number of persons who are eligible to vote at the election in accordance with the bylaws, (a) the election is void, and (b) the position for which the election was held is vacant. (2 ) Notwithstanding that a position is vacant by virtue of subsection (1), the bylaws may provide that the term of office of the position is deemed to have commenced as if an individual had been elected to the position. (3) If a position is vacant under subsection (1), the position may be filled (a) by appointing an individual in accordance with section 18, in the case of a zone director or director at large vacancy, or (b) by appointing an individual in accordance with the bylaws, in the case of a zone advisor vacancy. Election irregularities 20 (1) If an eligible producer questions (a) the eligibility of a candidate, (b) the eligibility of a voter, (c) any matter relating to a ballot or the tabulation of ballots, or (d) any other irregularity with respect to the conduct of an election, that eligible producer, not later than 30 days after the day on which the election was held, may apply in writing to the Council to have the election declared void and the position declared vacant. (2) If the Council has not received an application under subsection (1) within the 30‑day period referred to in subsection (1), an individual elected at that election is deemed to be duly elected. (3) The Council shall not consider an application under subsection (1) that is not received by the Council within the 30‑day period referred to in subsection (1). (4) 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 the 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 the Plan, the bylaws 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. (5) 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, (i) in the case of a zone advisor, a special zone meeting be held, (ii) in the case of a zone director, a meeting of the zone advisors be held, or (iii) in the case of a director at large, a special Commission meeting be held and an election be conducted to fill the vacant position for the unexpired portion of the term in accordance with the bylaws, or (b) notify the Commission that the position is vacant and that, (i) in the case of a zone advisor, an individual may be appointed to fill the vacant position in accordance with the bylaws and, where the Council considers Council approval is warranted in the circumstances, with the approval of the Council, or (ii) in the case of a zone director or director at large, an individual may be appointed to fill the vacant position in accordance with section 18. (6) Notwithstanding that an election is declared void and a position is declared vacant under subsection (4)(c), the bylaws may provide that the term of office of the position is deemed to have commenced as if an individual had been elected to the position. Part 3 Review, Transitional and Repeal Review 21 In compliance with the ongoing regulatory review initiative, this Regulation must be reviewed on or before June 30, 2031. Transitional 22 A zone advisor or director holding office immediately before the coming into force of this Regulation continues to hold office until the expiry of the individual’s term of office in accordance with the Plan and the bylaws unless (a) the individual is removed or resigns from office, or (b) the bylaws reduce the term of office for that position. Repeal 23 The Alberta Pulse Growers Marketing Plan Regulation (AR 120/99) is repealed.