Egg Farmers of Alberta Plan Regulation

(Consolidated up to 16/2026) alberta regulation 26/2022 Marketing of Agricultural Products Act EGG FARMERS OF ALBERTA PLAN REGULATION Table of Contents 1 Definitions 2 Designation of agricultural products 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 Administration of Plan by Board 7 Board continued 8 Functions of the Board 9 Regulations to operate Plan 10 Financing of Plan 11 Indemnification fund, etc. 12 Funding of indemnification fund, etc. Part 2 Governance of Plan 13 Members of Board 14 Elections 15 Insufficient attendance 16 Election irregularities 17 Vacancy Part 3 Review, Transitional Provision 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 Egg Farmers of Alberta; (c) “bylaws” means the bylaws made by the Board pursuant to section 26(2.1) of the Act; (d) “Canada Act” means (i) the Farm Products Agencies Act (Canada), or (ii) the Agricultural Products Marketing Act (Canada); (e) “Council” means the Alberta Agricultural Products Marketing Council; (f) “eggs” includes any class of eggs or egg products produced from eggs laid by a hen; (g) “exempt producer” means a person (i) who does not possess, whether by ownership or otherwise, more than 300 hens, or (ii) whose productive capacity from that person’s production facilities does not exceed 300 hens; (h) “Federal‑Provincial‑Territorial Agreement” means the agreement respecting the revision and consolidation of the comprehensive marketing program as agreed to by the parties for the purpose of regulating the marketing of eggs in Canada, as revised from time to time; (i) “hen” or “layer” means a female common domestic fowl of the species Gallus domesticus that is of an age specified in regulations made by the Board; (j) “marketing” means buying, owning, selling, offering for sale, storing, grading, assembling, packing, transporting, advertising or financing; (k) “person” means 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); (l) “Plan” means the Plan that is amended and continued under section 3; (m) “possession quota” means the quota issued by the Board to a registered producer prescribing the maximum number of hens that producer may possess at any one time; (n) “processor” means a person who (i) grades, packs or changes the nature of the regulated product by mechanical means or otherwise, (ii) markets the graded, packed or processed regulated product, or (iii) carries out one or more of those functions; (o) “producer” means a person who is engaged in the production of the regulated product; (p) “production” includes the possession of the regulated product; (q) “production facilities” includes the buildings and improvements in which the regulated product is produced and the parcel of land on which the buildings and improvements are located; (r) “production quota” means the quota issued by the Board to a registered producer prescribing the minimum number of eggs that shall be produced by that producer’s hens; (s) “pullet” means a female common domestic fowl of the species Gallus domesticus that is of an age specified in regulations made by the Board; (t) “quota” means the possession quota and production quota granted by the Board to a registered producer; (u) “registered producer” means a producer who (i) holds a producer’s licence, and (ii) has been allotted quota; (v) “regulated product” means eggs; (w) “research facility” means an educational institution involved in bona fide scientific research in respect of eggs as approved by a resolution of the Board. AR 26/2022 s1;16/2026 Designation of agricultural products 2 Eggs, pullets, layers and hens are designated as agricultural products for the purposes of the Act. Part 1 General Operation of Plan Division 1 Plan Plan continued 3 The Egg Farmers of Alberta Plan, continued under the Egg Farmers of Alberta Plan Regulation (AR 258/97), is hereby 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 shall remain in force unless otherwise terminated pursuant to the Act. Application of Plan 5 (1) This Plan applies (a) to all persons who produce and market the regulated product in Alberta, and (b) to processors for the purpose of section 9(1)(b), (c), (d), (e), (f), (g) and (i), (2)(f), (i), (k), (l), (n), (o), (q), (r), (u), (v) and (w) and (3), but does not apply to an exempt producer. (2) Notwithstanding subsection (1), where an exempt producer markets the producer’s regulated product through a processor, this Plan and any regulations made in respect of this Plan respecting the payment of levies and service charges apply to that producer and to that regulated product. (3) No person shall possess, whether by ownership or otherwise, more than 300 hens except in accordance with this Plan and regulations made in respect of this Plan. (4) The Board may exempt the owner of a supply flock, as defined in section 72 of the Health of Animals Regulations (Canada) (CRC, c. 296), from regulations made by the Board. (5) If the Board exempts an owner under subsection (4), the owner may sell the regulated product in accordance with an exemption granted by the Board. (6) Notwithstanding subsection (4), where an owner exempted under subsection (4) sells the regulated product in accordance with an exemption granted by the Board, any regulations made in respect of this Plan respecting the payment of levies and service charges apply to that owner and to that regulated product. (7) The Board may refuse to exempt an owner under subsection (4) if, in the Board’s opinion, (a) the owner does not have a confirmed market for the owner’s hatching eggs, (b) the marketing of the regulated product by the owner will adversely affect marketing of the regulated product in Alberta, or (c) the exemption would place the Board in a position of non‑compliance with the Federal‑Provincial‑Territorial Agreement. (8) The Board may exempt a research facility from this Plan or part of this Plan or any regulation or part of any regulation made by the Board in respect of this Plan. AR 26/2022 s5;16/2026 Purpose of Plan 6 The purpose of this Plan is to provide for the effective promotion, control and regulation in all respects of the production and marketing of the regulated product in Alberta, and without limitation, to accomplish the following: (a) to establish quotas for the production and marketing of the regulated product; (b) to establish quotas for the possession of hens; (c) to maintain a fair and stabilized price for the regulated product; (d) to develop and maintain the orderly marketing of the regulated product; (e) to provide a uniform, high quality of the regulated product for the market; (f) to provide for the initiation, support and conduct of promotional activities in respect of the production, marketing and processing of the regulated product; (g) to ensure a continuous, year‑round supply of the regulated product; (h) to work with any organization that has similar objectives to those of the Board; (i) to acquire as principal the regulated product produced in Alberta and dispose of the regulated product through whatever means the Board considers expedient; (j) to provide for the prohibition of production or marketing of the regulated product in whole or in part where the regulated product is not marketed under or pursuant to a quota; (k) 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; (l) to initiate and carry out projects and programs to assist, educate and inform producers, processors and other persons with a commercial interest in the egg industry with respect to developing and improving the production and marketing of the regulated product. Division 2 Administration of Plan by Board Board continued 7 The Board known as Egg Farmers of Alberta is hereby continued. Functions of the Board 8 The Board (a) subject to the Act, is responsible for the operation, regulation, supervision and enforcement of this Plan and any regulations or bylaws made by the Board, and (b) may, in accordance with section 50 of the Act, 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 any Canada Act. 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 this 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 and licence fees, as the case may be, 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, as the case may be; (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, licence fees or levies, as the case may be, 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, levies or other money payable to or received by the Board for the purpose of paying its expenses and administering this Plan and the regulations made by the Board; (i) requiring persons who produce, market or process 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; (k) permitting the Board to exercise any one or more powers that are vested in a cooperative under the Cooperatives Act . (2) The Board is authorized under section 27(1) of the Act to make, with the approval of the Council, regulations (a) requiring that the production or marketing, or both, of the regulated product be conducted pursuant to a quota; (b) governing (i) the fixing and allotting of quotas, (ii) the increase or reduction of quotas, (iii) the cancelling of quotas, and (iv) the refusal to fix and allot quotas to producers for the production or marketing, or both, of the regulated product on any basis the Board considers appropriate; (c) governing the transferability or non‑transferability of quotas; (d) establishing (i) a formula for determining the amount or number of 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 purpose of determining the amount of regulated product produced or marketed by a producer during a period of time; (d.1) respecting assurance programs and standards; (e) providing for (i) the assessment, charging and collection of a levy from any producer whose production or marketing, or both, of the regulated product is in excess of the quota that has been fixed and allotted to that producer, and (ii) the taking of legal action to enforce payment of the levy; (f) 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; (g) determining the quantity of each class, variety, size, grade and kind of the regulated product that shall be produced or marketed, or both, by each producer; (h) requiring a producer who produces the regulated product to market the regulated product through the Board or through a designated agency; (i) 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; (j) 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; (k) providing for the purchase or acquisition of any of the regulated product that the Board considers advisable and the sale or disposition of it; (l) providing for the establishment and operation of one or more programs for the disposition of (i) any agricultural product, or (ii) the regulated product considered to be surplus to market requirements; (m) 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; (n) requiring that the money payable or owing to a producer for the regulated product be paid to or through the Board; (o) 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 shall be made; (p) 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 disbursement and expenses with respect to the operation of the pool; (q) providing for the collection from any person by legal action of money owing to a producer for the regulated product; (r) governing (i) the furnishing of security or proof of financial responsibility by any person engaged in the production, marketing or processing of the regulated product, and (ii) the administration and disposition of any money or securities so furnished; (s) prohibiting a person to whom a quota has not been fixed and allotted for the production or marketing, or both, of the regulated product from producing or marketing, as the case may be, any regulated product; (t) prohibiting a producer to whom a quota has been fixed and allotted for the production or marketing, or both, of the regulated product from producing or marketing, as the case may be, any regulated product in excess of that quota; (u) prohibiting any person from purchasing or otherwise acquiring from a producer any regulated product in excess of the quota that has been fixed and allotted to the producer for the production or marketing, or both, of the regulated product; (v) prohibiting any person from purchasing or otherwise acquiring any regulated product from a person to whom a quota has not been fixed and allotted for the production or marketing, or both, of the regulated product; (w) prohibiting any person from marketing or processing any regulated product that has not been sold by or through the Board or a designated agency. (3) For the purposes of enabling the Board to operate this Plan, the Board may be empowered by the Council, pursuant to section 27(2) of the Act, to make regulations (a) governing any agricultural product that is not the regulated product in the same manner as if that agricultural product was the regulated product under this Plan; (b) governing, with respect to any agricultural product that is not the regulated product, the producers of the regulated product under this Plan in the same manner as if that agricultural product was the regulated product under this Plan; (c) establishing and governing a formula for determining the amount or number of the regulated product produced or deemed to have been produced from any agricultural product that is not the regulated product. AR 26/2022 s9;179/2022;76/2024 Financing of Plan 10 In accordance with the regulations, this Plan shall be financed (a) by the charging and collection of service charges, licence fees and levies from registered producers, and (b) by any other money payable to or received or accrued by the Board. Indemnification fund, etc. 11 The Board may establish and operate funds under sections 34 and 35 of the Act. Funding of indemnification fund, etc. 12 (1) The Board may, subject to the Act and the regulations, assess, charge and collect amounts required for the maintenance and operation of the funds referred to in section 11 from the producers under this Plan. (2) Payments made into a fund established under this section shall not form part of a licence fee, service charge or levy charged under this Plan. (3) If (a) a fund is established under this section, and (b) a producer under this Plan does not wish to receive any indemnity or protection from the fund, the producer shall, on the application to the Board for an exemption, be exempted from making payment under subsection (1). (4) A producer shall not, with respect to any period of time that the producer did not participate in a fund established under this section, be charged any amount for or in relation to that fund. (5) The Insurance Act does not apply to a fund established or operated under this section. Part 2 Governance of Plan Members of Board 13 The Board shall be made up of 6 members elected or appointed in accordance with this Plan and the bylaws. Elections 14 (1) Subject to section 16(5)(a), the election of members of the Board shall be conducted at the annual meeting by means of a vote of the registered producers in accordance with the procedures set out in the bylaws. (2) A registered producer who is eligible to vote under the bylaws may vote for any number of candidates not exceeding the number of members to be elected to the Board at that meeting notwithstanding that the registered producer may manage, operate, own, lease or hold equity in 2 or more operations that are registered separately with the Board. Insufficient attendance 15 (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 under 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 Board may appoint an individual to the position in accordance with section 17. AR 26/2022 s15;76/2024 Election irregularities 16 (1) If a registered 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 registered producer may, not later than 30 days after the date of the election, 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 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 17. (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. AR 26/2022 s16;76/2024 Vacancy 17 (1) Subject to section 16(5), if a vacancy occurs on the Board, the Board may, with the approval of the Council, appoint from among the registered producers who are eligible to be elected to the Board an individual to serve as a member of the Board until the next annual meeting. (2) At the next annual meeting following the appointment of an individual under subsection (1), the position must be filled by holding an election in accordance with this Plan and the bylaws for the unexpired portion of the term. AR 26/2022 s17;76/2024 Part 3 Review, Transitional Provision and Repeal Review 18 In compliance with the ongoing regulatory review initiative, this Regulation must be reviewed on or before September 30, 2031. AR 26/2022 s18;76/2024 Transitional 19 Where an individual is a member of the Board immediately before the coming into force of this Regulation, that individual continues to be a member of the Board until the expiry of the individual’s term in accordance with this 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 Egg Farmers of Alberta Plan Regulation (AR 258/97) is repealed.