Alberta Vegetable Growers (Processing) Plan Regulation

(no amdt) ALBERTA REGULATION 254/2025 Marketing of Agricultural Products Act ALBERTA VEGETABLE GROWERS (PROCESSING) 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 Purpose of Plan Division 2 Operation of Plan by Board 7 Board continued 8 Functions of Board 9 Regulations to operate Plan 10 Financing of Plan 11 Indemnification funds Part 2 Governance of Plan 12 Districts 13 Composition of Board 14 Election of directors 15 Vacancy 16 Insufficient attendance 17 Election irregularities Part 3 Review, Transitional and Repeal 18 Review 19 Transitional 20 Repeal Definitions 1 In this Regulation, (a) “Act” means the Marketing of Agricultural Products Act ; (b) “Board” means the Alberta Vegetable Growers (Processing) Board referred to in section 7; (c) “bylaws” means the bylaws made by the Board pursuant to section 26(2.1) of the Act; (d) “director” means a director of the Board; (e) “district” means a district described in section 12; (f) “licensed processor” means a person who holds a processor’s licence under the Alberta Vegetable Growers (Processing) Marketing Regulation (AR 160/2007); (g) “licensed producer” means a person who holds a producer’s licence under the Alberta Vegetable Growers (Processing) Marketing Regulation (AR 160/2007); (h) “person” means a person as defined in the Interpretation Act and includes (i) a partnership as defined in the Partnership Act , (ii) an unincorporated organization that is not a partnership referred to in subclause (i), and (iii) a group of individuals that is carrying on an activity for a common purpose and is neither a partnership referred to in subclause (i) nor an unincorporated organization referred to in subclause (ii); (i) “Plan” means the Alberta Vegetable Growers (Processing) Plan referred to in section 3; (j) “processing” means the changing of the nature or form of a regulated product and includes cooking, canning, freezing, drying, dehydrating or compressing the regulated product; (k) “processor” means a person engaged in processing; (l) “producer” means a person who produces the regulated product within the districts; (m) “registrant” means a person who has registered with the Board as a registrant under the Alberta Vegetable Growers (Processing) Marketing Regulation (AR 160/2007); (n) “regulated product” includes peas, corn, wax beans, green beans, cucumbers, carrots, red beets, pumpkins, asparagus, tomatoes, cabbage, cauliflower and other vegetables produced for processing except potatoes and sugar beets. Designation of agricultural product 2 Peas, corn, wax beans, green beans, cucumbers, carrots, red beets, pumpkins, asparagus, tomatoes, cabbage, cauliflower and other vegetables produced for processing except potatoes and sugar beets are designated as agricultural products for the purposes of the Act. Part 1 General Operation of Plan Division 1 Plan Plan continued 3 The Alberta Vegetable Growers (Processing) Plan continued under the Alberta Vegetable Growers (Processing) Plan Regulation (AR 273/97) is amended and continued under this Regulation. Termination of Plan 4 This Plan does not terminate at the conclusion of a specific period of time and remains in force unless otherwise terminated in accordance with the Act. Application of Plan 5 This Plan applies (a) to the area of Alberta contained within the districts, (b) to all persons who are producers and who (i) produce the regulated product on land contained within the districts, or (ii) market the regulated product, and (c) for the purposes of section 9(1)(b), (c), (d), (e), (f) and (g) and (2)(b) to (h), to processors who process the regulated product produced on land contained within the districts. Purpose of Plan 6 The purpose of the Plan is to provide for the effective control and regulation in all respects of the production and marketing of the regulated product in the area of Alberta to which the Plan applies and, without limitation, to accomplish the following: (a) to maintain and improve methods and practices of producing, harvesting, transporting, grading, processing, packing, storing and marketing the regulated product; (b) to provide for the licensing of processors and registrants; (c) to maintain a fair and stabilized price for the regulated product; (d) to establish and maintain a system of marketing whereby the regulated product is marketed through processors in accordance with this Plan and the regulations made in respect of this Plan; (e) to provide a uniform, high quality of regulated product for processing; (f) to ensure the supply of sufficient regulated product to processors; (g) to ensure that producers sell the regulated product to or through a processor licensed by the Board; (h) to work with marketing boards or organizations in Canada that have purposes similar to those of the Plan; (i) to fund, initiate, conduct or carry on research and development and studies with respect to the production, handling, marketing and processing of the regulated product, including research and studies concerning the development and use of the regulated product; (j) to establish negotiating agencies to settle matters regarding prices and the terms, conditions and forms of agreements relating to the marketing of the regulated product. Division 2 Operation of Plan by Board Board continued 7 The board known as the Alberta Vegetable Growers (Processing) Board is continued. Functions of Board 8 The Board (a) is responsible, subject to the Act, for the operation, regulation, supervision and enforcement of the Plan, the bylaws and the regulations made by the Board, and (b) may be authorized by the Council, in accordance with section 50 of the Act and with respect to the production or marketing, or both, of the regulated product, 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. Regulations to operate Plan 9 (1) The Board is authorized under section 26(1) of the Act to make, with the approval of the Council, 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, markets or processes the regulated product to furnish to the Board any information or record relating to the production, marketing or processing of the regulated product that the Board considers necessary; (c) requiring persons to be licensed under the Plan before they become engaged in the production, marketing and processing, or any one or more of those functions, of the regulated product; (d) prohibiting persons from engaging in the production, marketing or processing, as the case may be, of the regulated product except under the authority of a licence; (e) governing the issuance, suspension or cancellation of a licence; (f) 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; (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 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 or other money payable to or received by the Board for the purpose of paying its expenses and administering the Plan and the regulations made by the Board. (2) The Board is authorized under section 27(1) of the Act to make, with the approval of the Council, regulations (a) establishing (i) a formula for determining the amount of the regulated product deemed to have been produced or marketed by a producer, and (ii) the period of time in respect of which the formula is to be applied, for the purposes of determining the amount of the regulated product produced or marketed by a producer during a period of time; (b) directing, controlling or prohibiting, as the case may be, the production or marketing, or both, of the regulated product or any class, variety, size, grade or kind of the regulated product in a manner that the Board considers appropriate; (c) regulating and controlling the production or marketing, or both, of the regulated product, including the times and places at which the regulated product may be produced or marketed; (d) providing for the establishment and operation of one or more programs for the disposition of any of the regulated product considered to be surplus to market requirements; (e) determining from time to time the minimum price or prices that must be paid to producers for the regulated product, or any class, variety, size, grade or kind of the regulated product, and determining different prices for the area of Alberta to which the Plan applies; (f) providing for the payment to a producer of the money payable or owing for the regulated product, less any service charges and levies owing to the Board by the producer, and fixing the time or times at which or within which the payments must be made; (g) providing for the collection from any person by legal action of money owing to a producer for the regulated product; (h) regulating and controlling agreements entered into by producers of the regulated product with persons engaged in marketing or processing of the regulated product, including to prohibit any provision in the agreements. Financing of Plan 10 (1) The Plan must be financed by charging and collecting service charges and other money payable to or received by the Board. (2) The amount of a service charge, the method by which the amount may be assessed and the manner in which the service charge may be collected must be as prescribed by the Board in accordance with the regulations. (3) A licensed processor shall, in the manner prescribed by the Board in accordance with the regulations, (a) deduct the service charge from payments due to licensed producers, and (b) pay the service charge to the Board. Indemnification funds 11 (1) The Board may establish one or more funds under section 34 or 35 of the Act. (2) To finance the funds, the Board may raise amounts in accordance with sections 34 and 35 of the Act. Part 2 Governance of Plan Districts 12 For the purposes of representation, the area of Alberta to which the Plan applies is divided into the following 3 districts: (a) Coaldale District, which consists of the land lying within Range 19, south of Township 20 to the United States border and west of Range 19 to the British Columbia/Alberta border; (b) Taber District, which consists of the land lying within Range 18 south of the Oldman River and south of the South Saskatchewan River to the United States border, and east of Range 18 to the Saskatchewan/Alberta border; (c) Vauxhall District, which consists of the land lying within Range 18 north of the Oldman River and the South Saskatchewan River and south of Township 27 and east of Range 18 to the Saskatchewan/Alberta border. Composition of Board 13 The Board consists of 5 directors (a) representing the area of Alberta to which the Plan applies, and (b) elected or appointed in accordance with the Plan and the bylaws. Election of directors 14 (1) Subject to section 17(5)(a), the election of directors must be conducted at the annual general meeting by means of a vote of eligible producers in accordance with the procedures set out in the bylaws. (2) The election results must be officially declared at the annual general meeting. (3) The election of directors must be by secret ballot. Vacancy 15 Subject to section 17(5), if a vacancy occurs on the Board, the remaining directors, in accordance with the bylaws and with the approval of the Council, may appoint, from among the individuals eligible to be elected as a director, an individual to fill the vacant position (a) for the unexpired portion of the term, or (b) until the date of the next annual general meeting, at which time the position must be filled for the unexpired portion of the term by holding an election in accordance with the Plan and the bylaws. Insufficient attendance 16 (1) If an election is held under the Plan and an insufficient number of eligible voters, as determined by the bylaws, are in attendance at the meeting at which the election is held, (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 an individual had been elected to the position. (3) Notwithstanding section 15, if a position is vacant under subsection (1), the remaining directors, in accordance with the bylaws and with the approval of the Council, may appoint, from among the individuals eligible to be elected to that position, an individual to fill the vacant position. (4) An individual appointed under subsection (3) must serve the unexpired portion of the term. Election irregularities 17 (1) If a licensed 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 licensed producer, not later than 15 days after the day of the election, 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 15‑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 15‑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 this 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, a special meeting be held and an election conducted to fill the vacant position for the unexpired portion of the term, or (b) notify the Board that the position is vacant and that the Board may appoint an individual to fill the vacant position in accordance with section 15. (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 vacant position is deemed to have commenced on the date that the election that was declared void was held. Part 3 Review, Transitional and Repeal Review 18 In compliance with the ongoing regulatory review initiative, this Regulation must be reviewed on or before November 30, 2032. Transitional 19 Where an individual is a director of the Board immediately before the coming into force of this Regulation, that individual continues to be a director until the expiry of that 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 20 The Alberta Vegetable Growers (Processing) Plan Regulation (AR 273/97) is repealed.