Canaryseed Development Plan Regulations, A-15.21 Reg 4

1 CANARYSEED DEVELOPMENT PLAN A-15.21 REG 4 The Canaryseed Development Plan Regulations being Chapter A-15.21 Reg 4 (effective February 23, 2006) as amended by Saskatchewan Regulations 8/2010, 2/2021 and 49/2022. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 A-15.21 REG 4 CANARYSEED DEVELOPMENT PLAN Table of Contents PART I PART IV Title and Interpretation Registration 1 Title 21 Registered canaryseed producers 2 Interpretation 22 Registration of buyers PART II PART V Canaryseed Plan Levies 3 Canaryseed plan established 23 Collection of levies 4 Application 24 Refund of levies 5 Purpose 25 Required notification 6 Repealed PART VI PART III Commission Orders Commission 26 Commission orders 7 Commission PART VII 8 Powers of commission Elections 9 Books and records 27 Eligibility 10 Appointment of auditor 28 Election of first commission 11 Committees 29 Nominations 12 Chairperson and vice-chairperson 30 Returning officer and scrutineers 13 Quorum 31 Conduct of elections 14 Policies re conflict of interest and code of conduct 32 Validity of election 15 Conflicts of interest 33 Election results 16 Bank accounts 34 Term of office, vacancy 17 Investments 35 Tie votes 18 Fiscal year 36 Retention of election documents 19 Financial plan 37 Challenge to election results 20 Meetings of registered canaryseed producers PART VIII Transitional and Coming into Force 38 Repealed 39 Coming into force 3 CANARYSEED DEVELOPMENT PLAN A-15.21 REG 4 CHAPTER A-15.21 REG 4 The Agri-Food Act, 2004 PART I Title and Interpretation Title 1 These regulations may be cited as The Canaryseed Development Plan Regulations. Interpretation 2 In these regulations: (a) “Act” means The Agri-Food Act, 2004; (a.1) Repealed. 22 Jan 2021 SR 2/2021 s3. (a.2) “buyer” means any person who buys canaryseed produced in Saskatchewan; (b) “canaryseed” means any seed produced by the canaryseed plant Phalaris canariensis; (c) “canaryseed plan” means the Canaryseed Development Plan established pursuant to section 3; (d) “canaryseed producer” means: (i) a person engaged in or responsible for the production, marketing or production and marketing of canaryseed but does not include an employee of such a person; (ii) a person who is entitled under any lease agreement: (A) to a share of the canaryseed produced by a person mentioned in subclause (i); or (B) to a share of the proceeds from the sale of that canaryseed; or (iii) a person who takes possession of any canaryseed under any form of security or legal proceedings for a debt; (e) “commission” means the Canaryseed Development Commission of Saskatchewan established pursuant to section 7; (f) “director” means a director of the commission elected in accordance with Part VII or appointed pursuant to subsection 7(3) or 34(7); 4 A-15.21 REG 4 CANARYSEED DEVELOPMENT PLAN (g) Repealed. 19 Mar 2010 SR 8/2010 s3. (h) “registered canaryseed producer” means a canaryseed producer: (i) who is registered with the commission pursuant to section 21; (ii) who has paid a levy pursuant to subsection 23(1) in at least 1 of the last 3 years for which that producer has not received a refund pursuant to section 24; and (iii) whose registration has not been suspended or cancelled. (i) Repealed. 19 Mar 2010 SR 8/2010 s3. 3 Mar 2005 cA-15.21 Reg 4 s2; 19 Mar 2010 SR 8/2010 s3; 22 Jan 2021 SR 2/2021 s3; 8 Jly 2022 SR 49/2022 s3. PART II Canaryseed Plan Canaryseed plan established 3 The Canaryseed Development Plan is established. 3 Mar 2005 cA-15.21 Reg 4 s3. Application 4 Subject to any exemptions made by order of the commission, the canaryseed plan and the orders of the commission made pursuant to the canaryseed plan apply: (a) throughout Saskatchewan; and (b) to all persons engaged in the production, marketing or production and marketing of canaryseed in Saskatchewan. 3 Mar 2005 cA-15.21 Reg 4 s4. Purpose 5(1) The purpose of the canaryseed plan is to develop the canaryseed industry in Saskatchewan. (2) Without limiting the generality of subsection (1), the specific purposes of the canaryseed plan are: (a) to assist in the development and promotion of canaryseed and canaryseed products in the domestic and international marketplaces; (b) to conduct and encourage research on production, market development, processing and consumption of canaryseed and canaryseed products; 5 CANARYSEED DEVELOPMENT PLAN A-15.21 REG 4 (c) to advise governments on matters pertaining to canaryseed research and development; (d) to gather, compile and distribute information related to the production, consumption and market development of canaryseed and canaryseed products; (e) to encourage the production of uniformly high-quality canaryseed and canaryseed products; (f) to promote harmony and communication within the canaryseed industry; (g) to initiate and implement advertising programs, sales promotion programs and consumer education programs to expand awareness and demand for canaryseed and canaryseed products; (h) to establish a system of collecting levies on the production, marketing or production and marketing of canaryseed for the purpose of carrying out the objectives of the canaryseed plan; and (i) to work in co-operation with any persons or organizations that have objectives similar to those of the canaryseed plan. 3 Mar 2005 cA-15.21 Reg 4 s5; 19 Mar 2010 SR 8/2010 s4. 6 Repealed. 19 Mar 2010 SR 8/2010 s5. PART III Commission Commission 7(1) The Canaryseed Development Commission of Saskatchewan is continued as a development commission pursuant to the Act. (2) Unless the number of directors is otherwise set by an order of the commission: (a) the commission consists of a maximum of 9 directors; and (b) subject to subsection (4), 7 directors are to be elected in accordance with Part VII. (3) Unless otherwise determined by an order of the commission and subject to subsection (4), the commission may appoint 1 or 2 directors in addition to the elected directors. (4) If fewer than 7 directors, or fewer than the number of directors set by an order of the commission, are elected pursuant to Part VII, the commission may appoint as directors the registered canaryseed producers eligible to hold office that it considers necessary to fill those positions. (5) The commission shall administer the canaryseed plan. 22 Jan 2021 SR 2/2021 s4. 6 A-15.21 REG 4 CANARYSEED DEVELOPMENT PLAN Powers of commission 8(1) Subject to the other provisions of these regulations, the commission may exercise the following powers that are set out in subsection 8(1) of the Act: (a) the power to carry out educational, research and developmental programs related to canaryseed; (b) the power to require any or all persons engaged in the production, marketing or production and marketing of canaryseed to register with the commission; (c) the power to set and collect registration fees and charges for services rendered by the commission from any person engaged in the production, marketing or production and marketing of canaryseed; (d) the power to set and collect a levy from any person engaged in the production, marketing or production and marketing of canaryseed; (e) the power to categorize into groups persons engaged in the production, marketing or production and marketing of canaryseed for the purpose of setting and collecting the fees, charges or levies mentioned in clauses (c) and (d); (f) the power to set and collect penalties from any person who: (i) is engaged in the production, marketing or production and marketing of canaryseed; and (ii) contravenes an order of the commission; (g) the power to recover any unpaid fees, charges, levies or penalties mentioned in clause (c), (d) or (f) by an action in a court of competent jurisdiction; (h) the power to require any person engaged in the production, marketing or production and marketing of canaryseed to furnish the commission with any information or records relating to that production or marketing that the commission considers necessary; (i) the power to market, grade or insure canaryseed, either as principal or agent; (j) the power to: (i) employ any officers and employees that it considers necessary to administer the canaryseed plan; and (ii) determine the duties, conditions of employment and remuneration of its officers and employees; (k) the power to establish or support a group insurance plan, a pension plan or any other employee benefit programs for its officers and employees mentioned in clause (j) and their dependants; 7 CANARYSEED DEVELOPMENT PLAN A-15.21 REG 4 (l) the power to use any money received by the commission to carry out the purposes of the canaryseed plan and to pay the expenses of the commission; (m) the power to borrow, raise or secure the payment of money in any manner that the commission considers appropriate for the purpose of administering the canaryseed plan; (n) the power to draw, make, accept, endorse, execute, issue, hypothecate or assign promissory notes, bills of exchange or other negotiable or transferable instruments; (o) subject to subsection (3), the power to make grants or loans to any person, organization, agency, institution or body within or outside Saskatchewan, for the purposes of the canaryseed plan; (p) subject to subsection (3), the power to give financial guarantees respecting the indebtedness of any person if the commission considers it necessary or advisable for the purposes of the canaryseed plan; (q) the power to purchase, take on lease or exchange or otherwise acquire real and personal property related to the business of the commission, and to insure, sell or otherwise dispose of any of its property; (r) the power to grant a mortgage or security interest in any of the commission’s real or personal property; (s) subject to section 35 of the Act, the power to enter into any agreement with any person, agency, organization, institution or body within or outside Saskatchewan for any purpose related to the exercise of any of the powers or the carrying out of any of the duties of the commission in relation to the canaryseed plan; (t) the power to: (i) require any person who owes money to a canaryseed producer with respect to the sale by the canaryseed producer of canaryseed to pay the money to the commission; and (ii) distribute the money paid to the commission pursuant to subclause (i), in the manner determined by the commission, to the canaryseed producer to whom the money is owing; (u) the power to: (i) purchase or acquire by any other means, in the open market or otherwise, any securities of any corporation; and (ii) hold membership in any corporation; 8 A-15.21 REG 4 CANARYSEED DEVELOPMENT PLAN (v) the power to: (i) hold, sell, transfer or otherwise deal with any of the securities mentioned in clause (u); and (ii) exercise any rights, including the right to vote, as: (A) an owner of the securities mentioned in clause (u); or (B) a member; (w) the power to register a business name pursuant to The Business Names Registration Act; (x) the power to prescribe the manner in which reimbursement for expenses of the directors is to be determined and paid; (y) the power to set the number of directors elected or appointed to the board and the terms of office of those directors; (z) the power to develop, deliver or develop and deliver traceability, animal welfare and food safety strategies, programs and initiatives. (2) The commission shall not regulate or control in any way the production, marketing or production and marketing of canaryseed. (3) Neither the sum of the loans nor the sum of the financial guarantees mentioned in clauses (1)(o) and (p) shall exceed 10% each of the commission’s current assets as reported in the audited financial statement in the commission’s most recent annual report at the time the loan or financial guarantee is made or given. 3 Mar 2005 cA-15.21 Reg 4 s8; 19 Mar 2010 SR 8/2010 s6; 22 Jan 2021 SR 2/2021 s5. Books and records 9(1) The commission shall: (a) maintain any books and records that may be required for the administration of the canaryseed plan; and (b) keep those books and records open for inspection by the council at any reasonable time. (2) The commission shall maintain a registered office and head office in Saskatchewan. (3) The commission shall prepare an annual report containing: (a) a copy of the audited financial statement of the commission for its previous fiscal year; (b) a description of: (i) the state of the industry; and (ii) the activities of the commission for its previous fiscal year; and (c) a list of the names and cities, towns, villages or other municipalities of the directors of the commission. 9 CANARYSEED DEVELOPMENT PLAN A-15.21 REG 4 (4) The commission shall make the annual report available: (a) to the council; (b) at the annual general meeting of registered canaryseed producers; and (c) on request to: (i) any registered canaryseed producer; or (ii) any registered buyer. 3 Mar 2005 cA-15.21 Reg 4 s9; 19 Mar 2010 SR 8/2010 s7; 22 Jan 2021 SR 2/2021 s6. Appointment of auditor 10(1) The registered canaryseed producers: (a) shall, at each annual general meeting, appoint an auditor to audit the books, records and financial statements of the commission for the current fiscal year; and (b) may, at any special general meeting, appoint an auditor to audit the books, records and financial statements of the commission for the current fiscal year. (2) If the registered canaryseed producers fail to appoint an auditor pursuant to clause (1)(a) for a fiscal year, the council shall appoint an auditor to audit the books, records and financial statements of the commission for that fiscal year. (3) Any person appointed as auditor pursuant to this section must: (a) be independent of: (i) the commission; and (ii) the directors and officers of the commission; and (b) be a member in good standing of a recognized accounting profession that is regulated by an Act. 3 Mar 2005 cA-15.21 Reg 4 s10. Committees 11(1) The commission may appoint any committee that it considers necessary or desirable for the proper operation of the canaryseed plan. (2) The members of a committee appointed pursuant to this section are entitled to any remuneration and reimbursement for expenses that the commission may determine. 3 Mar 2005 cA-15.21 Reg 4 s11. 10 A-15.21 REG 4 CANARYSEED DEVELOPMENT PLAN Chairperson and vice-chairperson 12(1) The commission shall elect a chairperson and vice-chairperson from among the directors of the commission at their first meeting in each year after new directors have been elected. (2) The chairperson and vice-chairperson hold office at the pleasure of the commission. (3) The chairperson, or in the absence of the chairperson the vice-chairperson, shall preside over all meetings of the commission. 3 Mar 2005 cA-15.21 Reg 4 s12. Quorum 13 For the transaction of business at a duly called meeting of the commission: (a) a majority of the commission constitutes a quorum; and (b) a decision of a majority of those directors comprising a quorum is a decision of the commission. 3 Mar 2005 cA-15.21 Reg 4 s13. Policies re conflict of interest and code of conduct 14 Within 18 months after the coming into force of these regulations, the commission shall prepare and submit to the council: (a) a conflict of interest policy for the directors; and (b) a policy respecting a code of conduct for the directors. 3 Mar 2005 cA-15.21 Reg 4 s14. Conflicts of interest 15(1) No director shall: (a) fail to disclose to the commission any conflict of interest that the director may have; or (b) vote on any matter with respect to which the director has any direct or indirect financial interest that is different from the financial interest of other canaryseed producers. (2) If the commission is uncertain whether or not a director has a conflict of interest mentioned in clause (1)(a) or (b), the commission must adjourn the matter until the conflict of interest issue is resolved pursuant to the policies mentioned in section 14. 3 Mar 2005 cA-15.21 Reg 4 s15. Bank accounts 16 The commission may open accounts in the name of the commission in a bank, credit union or trust corporation licensed pursuant to The Trust and Loan Corporations Act, 1997 and appoint signing officers. 3 Mar 2005 cA-15.21 Reg 4 s16. 11 CANARYSEED DEVELOPMENT PLAN A-15.21 REG 4 Investments 17 The commission may: (a) invest any money in its possession or control that is not immediately required for a purpose of the canaryseed plan or its operations in any security or class of securities authorized for investment of money in the general revenue fund pursuant to The Financial Administration Act, 1993; and (b) dispose of any investment made pursuant to clause (a) in any manner, on any terms and in any amount that the commission considers expedient. 3 Mar 2005 cA-15.21 Reg 4 s17. Fiscal year 18 The fiscal year of the commission is the period commencing on August 1 in one year and ending on July 31 in the following year. 3 Mar 2005 cA-15.21 Reg 4 s18. Financial plan 19 The commission shall prepare and approve a financial plan of its operations at the beginning of each fiscal year. 3 Mar 2005 cA-15.21 Reg 4 s19. Meetings of registered canaryseed producers 20(1) An annual general meeting of registered canaryseed producers: (a) is to be held in each year within six months of the end of the commission’s fiscal year; and (b) is to be held at a place and time determined by the commission. (2) The commission: (a) may call a special general meeting of registered canaryseed producers at any time; and (b) shall call a special general meeting on the written request of not less than 20 registered canaryseed producers. (3) The commission shall notify all registered canaryseed producers, in writing: (a) for an annual general meeting of registered canaryseed producers, of the date, time, location and agenda not less than 30 days before the date on which the annual general meeting commences; and (b) for a special general meeting of registered canaryseed producers, of the date, time, location and agenda not less than 15 days before the date on which the special general meeting commences. (3.1) The notice mentioned in subsection (3) may be sent: (a) by ordinary or registered mail; or (b) at the request of a registered canaryseed producer, by facsimile or electronic mail. 12 A-15.21 REG 4 CANARYSEED DEVELOPMENT PLAN (3.2) If a notice is sent pursuant to clause (3.1)(b), it is deemed to be received on the next business day after it was sent. (4) Unless otherwise set by an order of the commission, the quorum at an annual or special general meeting of registered canaryseed producers is 20 registered canaryseed producers. (5) The commission shall present to the annual general meeting: (a) the financial plan it has approved for the current fiscal year; and (b) an outline of programs and activities it has planned for the current fiscal year. (6) Any change to the remuneration to be paid to the directors of the commission is to be determined by motion of the commission and approved by a vote of registered canaryseed producers at the next annual general meeting or special general meeting. (7) At an annual or special general meeting, registered canaryseed producers may debate and take a vote on any questions or resolutions respecting the purposes of the canaryseed plan; (8) One or several registered canaryseed producers may attend an annual general meeting or special general meeting by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting. (9) If all registered canaryseed producers intend to attend an annual general meeting or special general meeting by the means mentioned in subsection (8), permission from the council must first be obtained. 3 Mar 2005 cA-15.21 Reg 4 s20; 19 Mar 2010 SR 8/2010 s8; 22 Jan 2021 SR 2/2021 s7;; 8 Jly 2022 SR 49/2022 s3. PART IV Registration Registered canaryseed producers 21(1) Every canaryseed producer shall register with the commission at the time and in the manner determined by order of the commission. (2) The commission shall keep and maintain at its head office a register containing the name and address of every registered canaryseed producer. (3) Registration of a canaryseed producer takes effect at the beginning of the commission’s fiscal year following the payment of the levy required pursuant to subsection 23(1). (4) Registration remains in effect until: (a) the canaryseed producer makes a written request for and the commission verifies the request for a refund pursuant to section 24; 13 CANARYSEED DEVELOPMENT PLAN A-15.21 REG 4 (b) the commission has not received a levy payment from the canaryseed producer for 3 consecutive fiscal years; (c) the death of a canaryseed producer who is an individual; or (d) the dissolution of a corporation, partnership or other organization that is a canaryseed producer. 3 Mar 2005 cA-15.21 Reg 4 s21; 22 Jan 2021 SR 2/2021 s8. Registration of buyers 22(1) Every buyer shall register with the commission at the time and in the manner determined by order of the commission. (2) The commission shall keep and maintain at its head office a register containing the name and address of every registered buyer. 3 Mar 2005 cA-15.21 Reg 4 s22. PART V Levies Collection of levies 23(1) Every canaryseed producer engaged in the marketing of canaryseed shall pay to the commission, at the times and in the manner determined by the commission, a levy calculated in accordance with this section. (2) Subject to subsection (3), the levy mentioned in subsection (1): (a) is to be determined by order of the commission; and (b) is to be based on a fixed rate for every net tonne of canaryseed marketed by a canaryseed producer. (3) The commission shall provide registered canaryseed producers: (a) an opportunity to discuss the rate of levy at annual general meetings and special general meetings; and (b) at least 10 business days’ notice that the rate of the levy is to be discussed at an annual general meeting or special general meeting. 19 Mar 2010 SR 8/2010 s9. Refund of levies 24(1) The commission shall make a refund of levies only if: (a) the commission receives a written request for the refund from the canaryseed producer with respect to levies paid between August 1 in any year and July 31 in the following year, not later than August 31 of that year; and (b) the request has been verified by the commission. 14 A-15.21 REG 4 CANARYSEED DEVELOPMENT PLAN (2) If the commission receives and verifies a written request for a refund of levies that were paid to the commission by the canaryseed producer between August 1 in any year and July 31 in the following year, the commission shall make the refund of those levies to the canaryseed producer not later than October 31 of that year. 19 Mar 2010 SR 8/2010 s9. Required notification 25 If, for any one fiscal year, 35% or more of the canaryseed producers representing 35% or more of the levy for that fiscal year request a refund of levies pursuant to subsection 24(1), the commission shall immediately notify the council. 19 Mar 2010 SR 8/2010 s9. PART VI Commission Orders Commission orders 26(1) The chairperson, or in the absence of the chairperson the vice-chairperson, shall sign every order issued by the commission pursuant to section 12 of the Act. (2) The commission shall number in consecutive order, retain and make available for inspection at its head office by any canaryseed producer, buyer or person designated by the council, original copies of all orders that have been approved by the council pursuant to section 12 of the Act. (3) The commission shall: (a) cause all orders of the commission to be published in the Gazette and in any other media it considers appropriate; and (b) annually review the orders of the commission and consolidate them. 3 Mar 2005 cA-15.21 Reg 4 s26. PART VII Elections Eligibility 27(1) In this section, “family member” means any of the following with respect to an individual: (a) the spouse or person with whom the individual is cohabiting as a spouse; (b) a son or daughter; (c) a parent or legal guardian; (d) a brother or sister; (e) a grandparent; (f) a grandchild; (g) an uncle or aunt; 15 CANARYSEED DEVELOPMENT PLAN A-15.21 REG 4 (h) a nephew or niece; (i) a cousin; (j) a mother-in-law, father-in-law, sister-in-law or brother-in-law; (k) a person who is related by legal adoption. (2) Every registered canaryseed producer is eligible to hold office as a director of the commission. (3) If a registered canaryseed producer is a corporation, partnership or other organization, it must appoint as its representative to vote or hold office on behalf of the registered canaryseed producer an individual who is: (a) a director, partner, shareholder, member, officer or employee of that corporation, partnership or other organization, or a family member of any of those individuals; and (b) involved in the farming operation of the registered canaryseed producer. (4) On or before the date fixed pursuant to clause 29(2)(a) as the last date for receipt of nominations for election to the commission, a registered canaryseed producer who is an individual may appoint as that individual’s representative to vote or hold office on behalf of the registered canaryseed producer an individual who is: (a) an employee or family member of the registered canaryseed producer; and (b) involved in the farming operation of the registered canaryseed producer. (5) The appointment of a representative pursuant to subsection (3) or (4) must be: (a) in writing; and (b) filed with the commission in a form and manner acceptable to the commission. (6) A corporation, partnership or other organization is entitled to vote or hold office only through a representative appointed pursuant to subsections (3) and (5). (7) After an individual is duly appointed as a representative in accordance with subsections (4) and (5), until the registered canaryseed producer or the representative terminates the appointment by filing a notice in writing with the commission: (a) the representative is entitled to vote or hold office as the representative of the registered canaryseed producer and to receive any notice required to be given pursuant to this Part; and (b) the registered canaryseed producer is not entitled to vote or hold office. (8) A representative appointed to vote pursuant to subsection (3) or (4) must, at the time of voting, declare that the representative has been appointed by the registered canaryseed producer to vote on behalf of the registered canaryseed producer. (9) Except as provided in this section, voting by proxy is prohibited. (10) Every registered canaryseed producer is entitled to 1 vote. 22 Jan 2021 SR 2/2021 s9. 28 Repealed. 19 Mar 2010 SR 8/2010 s10. 16 A-15.21 REG 4 CANARYSEED DEVELOPMENT PLAN Nominations 29(1) Subject to section 27, every registered canaryseed producer is eligible to be nominated for election as a director of the commission. (2) The commission shall: (a) fix the last date for receipt of nominations for election to the commission; and (b) at least 30 days before the last date for receipt of nominations, notify registered canaryseed producers that nominations are being accepted for the commission and the last date for receipt of nominations. (3) Every nomination is to be: (a) in writing in the form required by the commission; (b) signed by: (i) three registered canaryseed producers; (ii) three representatives of registered canaryseed producers appointed pursuant to subsection 27(2); or (iii) any combination of the persons mentioned in subclauses (i) and (ii) totalling three persons; and (c) delivered to the returning officer on or before the date fixed pursuant to clause (2)(a) for receipt of nominations. (3) Every nomination must: (a) be made in writing in the form required by the commission; (b) be signed by: (i) 2 registered canaryseed producers; (ii) 2 representatives of registered canaryseed producers appointed pursuant to subsection 27(3) or (4); or (iii) any combination of the persons mentioned in subclauses (i) and (ii) totalling 2 persons; (c) include a candidate profile, as required by the returning officer; and (d) be delivered to the returning officer on or before the date fixed pursuant to clause (2)(a) as the last date for receipt of nominations. (4) Any information provided pursuant to subsection (3) must be considered confidential and must not be disclosed to any person until after the date fixed pursuant to clause (2)(a). 17 CANARYSEED DEVELOPMENT PLAN A-15.21 REG 4 (5) Pursuant to subsection (4), the commission may have access to the following information before the date fixed pursuant to clause (2)(a): (a) a running total of the number of nominations received by the returning officer; and (b) the first name and last name of individuals who have submitted nomination forms pursuant to subsection (3). (6) After the date fixed pursuant to clause (2)(a), the returning officer shall forward copies of all nominations to the commission. 3 Mar 2005 cA-15.21 Reg 4 s29; 22 Jan 2021 SR 2/2021 s10. Returning officer and scrutineers 30(1) Subject to subsection (2), the commission shall appoint a returning officer to conduct an election pursuant to section 31. (2) Producers, marketers, buyers, processors and officers and employees of the commission are not eligible to be appointed pursuant to subsection (1). (3) The returning officer appointed pursuant to subsection (1) is responsible for all administrative procedures relating to the conduct of the election. (4) Any registered canaryseed producer nominated pursuant to section 29 may provide a scrutineer to scrutinize actions related to conducting an election. (5) Directors, officers and employees of the commission are not eligible to act pursuant to subsection (4) as scrutineers. 22 Jan 2021 SR 2/2021 s11. Conduct of elections 31(1) If not more than the required number of candidates are nominated pursuant to section 29, the candidates nominated are deemed to be elected by acclamation. (2) If more than the required number of candidates are nominated pursuant to section 29, the commission shall: (a) fix a date for the completion of the election; (b) at least 15 business days before the date fixed pursuant to clause (a), provide to every registered canaryseed producer: (i) a numbered ballot; (ii) the candidate profiles, if any, submitted pursuant to clause 29(3) (c); and (iii) a notice that states the date and time by which and place to which the ballot is to be returned; and (c) if the commission provides ballots pursuant to subclause (b)(i) in paper form, provide an envelope with the ballot. 18 A-15.21 REG 4 CANARYSEED DEVELOPMENT PLAN (3) Every registered canaryseed producer who wishes to vote in an election shall: (a) complete the ballot provided by the commission; and (b) return the ballot to the returning officer in the manner stated in the notice sent pursuant to subclause (2)(b)(iii) by the date and time fixed for it to be returned. (4) The ballot of a registered canaryseed producer is not valid if the voter failed to comply with the voting instructions provided, including if: (a) the registered canaryseed producer votes for more than the specified number of candidates; (b) the ballot is defaced; (c) the ballot is marked in any way other than to vote for candidates; or (d) the ballot is not the original ballot provided by the commission. (5) If a tie does not occur between candidates, the returning officer shall prepare and submit a written report to the chairperson that declares those candidates receiving the greatest number of votes, up to the number of director positions to be filled, to be directors of the commission. (6) The returning officer must send the written report mentioned in subsection (5) to the commission within 10 business days after the completion of the election. (7) The commission shall inform candidates of the election results within 10 business days after receiving the report mentioned in subsection (5). (8) If the number of candidates nominated pursuant to section 29 is greater than the number of director positions to be filled, the commission shall not advertise in any manner any funding announcement, new program or new service provided by or delivered on behalf of the commission during the period from the date fixed pursuant to clause 29(2)(a) until the date fixed by clause (2)(a). 22 Jan 2021 SR 2/2021 s11. Validity of election 32 A registered canaryseed producer is deemed to have received any document that is mailed to the last address provided by him or her to the commission, and the failure of any registered canaryseed producer to receive that document does not invalidate the election. 3 Mar 2005 cA-15.21 Reg 4 s32. Election results 33(1) The chairperson shall read the written report prepared pursuant to subsection 31(5) at the first annual general meeting of registered canaryseed producers after the election. (2) The reading of the written report pursuant to subsection (1) is deemed to be the declaration of the directors. 19 CANARYSEED DEVELOPMENT PLAN A-15.21 REG 4 (3) The commission shall: (a) within 10 business days after receiving the written report of the returning officer prepared pursuant to subsection 31(5): (i) provide to candidates the election results, including total vote counts for all candidates; and (ii) provide to the council a complete list of candidates that clearly indicates the total vote count received by each candidate and the names of the candidates who were declared directors; and (b) make the written report of the returning officer available on request to any registered canaryseed producer. 22 Jan 2021 SR 2/2021 s12. Term of office, vacancy 34(1) Subject to subsections (2), (3) and (6), a director of the commission holds office: (a) in the case of an elected director, unless the term of office is otherwise set by an order of the commission, for a term of 3 years commencing with the declaration of the director’s election by the chairperson and until the director’s successor is elected or appointed, as the case may be; or (b) in the case of an appointed director, until the next election that is held after he or she is appointed and until the director’s successor is elected or appointed, as the case may be. (2) The term of office of every director of the first elected commission commences on the day on which he or she is declared by the returning officer to be elected, and expires: (a) in the case of the three directors receiving the largest number of votes, on the day the director’s successor is declared at the third annual general meeting following the year in which the director was elected; (b) in the case of the two directors receiving the next largest number of votes, on the day the director’s successor is declared at the second annual general meeting following the year in which the director was elected; and (c) in the case of the two directors receiving the next largest number of votes, on the day the director’s successor is declared at the annual general meeting following the year in which the director was elected. (3) If the directors of the first elected commission are acclaimed, their terms of office commence on the day on which they are declared by the returning officer to be elected and expire in accordance with clauses (2)(a) to (c) applied to a vote held pursuant to section 35 as if a tie had occurred. (4) Subject to subsection (5), a director is eligible for re-election or reappointment. 20 A-15.21 REG 4 CANARYSEED DEVELOPMENT PLAN (5) If a director has completed 3 consecutive full terms, not including any portion of a term for which a director was appointed, that director is not eligible for re-election or reappointment until 1 year has passed since the completion of that director’s second full term. (6) The office of a director becomes vacant if a director: (a) ceases to qualify; (i) as a registered canaryseed producer; or (ii) as the representative of a registered canaryseed producer; (b) resigns, dies or is unable to act; (c) is absent from two consecutive meetings of the commission without being excused by a resolution of the commission; or (d) fails to fulfil his or her duties as established by the policy of the commission and approved by the council. (7) Notwithstanding subsection 7(1), if the office of a director becomes vacant, the commission may appoint a director to fill the vacancy for the remainder of the term for that office. 3 Mar 2005 cA-15.21 Reg 4 s34; 19 Mar 2010 SR 8/2010 s13; 22 Jan 2021 SR 2/2021 s13. Tie votes 35(1) If a tie occurs between candidates, the successful candidate is to be determined by a vote of registered canaryseed producers conducted at the next annual general meeting of registered canaryseed producers. (2) Voting pursuant to subsection (1) is to be by secret ballot. (3) Subject to subsection 27(10), only registered canaryseed producers who are in attendance, either in person or by the means mentioned in subsection 20(8) or (9), at the annual general meeting of registered canaryseed producers are entitled to vote pursuant to subsection (1). (4) The returning officer shall count the votes cast pursuant to subsection (1) and declare the winner of the tie vote before proceeding with any further business at the annual general meeting. 3 Mar 2005 cA-15.21 Reg 4 s35; 19 Mar 2010 SR 8/2010 s14; 22 Jan 2021 SR 2/2021 s14. Retention of election documents 36(1) The returning officer shall: (a) retain the following in the officer’s possession: (i) the original nominations submitted pursuant to clause 29(3)(a); (ii) the original candidate profiles submitted pursuant to clause 29(3)(c); (iii) the ballots; and 21 CANARYSEED DEVELOPMENT PLAN A-15.21 REG 4 (b) subject to subsection (2), not destroy any nomination, candidate profile, ballot or other record respecting an election of directors until 90 days after the annual general meeting of registered canaryseed producers at which the results of the election were declared. (2) If a registered canaryseed producer submits a written objection to the council pursuant to section 37, the period mentioned in clause (1)(b) is extended until the challenge has been determined. 22 Jan 2021 SR 2/2021 s15. Challenge to election results 37(1) Any registered canaryseed producer nominated pursuant to section 29 may submit a written objection to the council to challenge any of the following: (a) the results of an election of directors, as provided pursuant to subclause 33(3)(a)(i); (b) the results of a vote to break a tie, as declared by the returning officer pursuant to subsection 35(4). (2) A written objection submitted pursuant to subsection (1) must: (a) set out the grounds for the objection; and (b) be received by the council within 30 days after the notification provided pursuant to subclause 33(3)(a)(i) or the declaration mentioned in subsection 35(4), as the case may be. (3) If the council receives a written objection in accordance with this section and is satisfied that the objection is neither frivolous nor vexatious, the council may appoint a vote recount officer to conduct a recount of the votes cast in the election. (4) If the council appoints a vote recount officer pursuant to subsection (3), the results of the election as determined by the vote recount officer are final. 3 Mar 2005 cA-15.21 Reg 4 s37; 19 Mar 2010 SR 8/2010 s16; 22 Jan 2021 SR 2/2021 s16. PART VIII Transitional and Coming into Force 38 Repealed. 19 Mar 2010 SR 8/2010 s17. Coming into force 39 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 3 Mar 2005 cA-15.21 Reg 4 s39. 22 A-15.21 REG 4 CANARYSEED DEVELOPMENT PLAN REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2022