Alfalfa Seed Development Plan Regulations, A-15.21 Reg 9

1 ALFALFA SEED DEVELOPMENT PLAN A-15.21 REG 9 The Alfalfa Seed Development Plan Regulations being Chapter A-15.21 Reg 9 (effective March 5, 2009) as amended by Saskatchewan Regulations 12/2015 and 15/2023. 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 9 ALFALFA SEED DEVELOPMENT PLAN Table of Contents PART 1 PART IV Title and Interpretation Registration 1 Title 21 Registration of producers 2 Interpretation 22 Registration of buyers PART II 23 Suspension and cancellation of registrations Plan PART V 3 Plan continued Levies 4 Application 24 Collection of levies 5 Purposes 25 Refund of levies 6 Duration of the plan 26 Required notification PART III PART VI Commission Commission Orders 7 Commission 27 Commission orders 8 Powers of commission PART VII 9 Books and records Elections 10 Appointment of auditor 28 Eligibility 11 Committees 29 Nominations 12 Chairperson and vice-chairperson 30 Returning officer and scrutineer 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, etc. 17 Investments 35 Retention of ballots 18 Fiscal year 35.1 Challenge to election results 19 Financial plan PART VIII 20 Meetings of registered producers Repeal, Transitional and Coming into Force 36 R.R.S. c.A-15.2 Reg 6 repealed 37 Repealed 38 Coming into force 3 ALFALFA SEED DEVELOPMENT PLAN A-15.21 REG 9 CHAPTER A-15.21 REG 9 The Agri-Food Act, 2004 PART 1 Title and Interpretation Title 1 These regulations may be cited as The Alfalfa Seed Development Plan Regulations. Interpretation 2 In these regulations: (a) “Act” means The Agri-Food Act, 2004; (b) “alfalfa seed” means the seed produced from any alfalfa plant, including medicago sativa, medicago media and medicago falcata; (c) “assemble” means to gather alfalfa seed in one place for the purpose of transporting it or selling it to a processor; (d) “assembler” means any person who, either directly or on behalf of a producer: (i) transports alfalfa seed; (ii) assembles alfalfa seed; (iii) arranges for assembly of alfalfa seed; or (iv) brokers a sale of alfalfa seed; (d.1) “business day” means a day other than a Saturday, Sunday or holiday; (e) “buyer” means any person who buys or contracts to buy alfalfa seed produced in Saskatchewan; (f) “clean seed” means the amount of clean seed based on an estimate of the dockage and shrinkage; (g) “commission” means the Saskatchewan Alfalfa Seed Producers Development Commission continued pursuant to section 7; (g.1) “director” means a director of the commission elected or appointed in accordance with these regulations; (h) “leafcutting bee” means the insect megachile rotundata; (i) “plan” means the Saskatchewan Alfalfa Seed Producers Development Plan continued pursuant to section 3; (j) “processing” means changing the nature, size, quality or condition of alfalfa seed crops; 4 A-15.21 REG 9 ALFALFA SEED DEVELOPMENT PLAN (k) “processor” means any person engaged in the business of processing alfalfa seed crops; (l) “producer” means: (i) any person engaged in the production, marketing, or production and marketing of alfalfa seed crops, and includes the employer of that person; (ii) a person who, under any lease or agreement, is entitled to a share of the alfalfa seed raised or the proceeds of its sale; (iii) a person who takes possession of any alfalfa seed under any form of security or legal proceeding for a debt; (m) “registered producer” means a producer who: (i) is registered with the commission pursuant to section 21; (ii) has paid a levy pursuant to subsection 24(1) in each of the last two years for which he or she has not received a refund pursuant to section 25. 13 Mar 2009 cA-15.21 Reg 9 s2; 6 Mar 2015 SR 12/2015 s3. PART II Plan Plan continued 3 The Saskatchewan Alfalfa Seed Producers Development Plan is continued. 13 Mar 2009 cA-15.21 Reg 9 s3. Application 4 Subject to any exemptions made by order of the commission, the plan and the orders of the commission made pursuant to the plan apply: (a) throughout Saskatchewan; (b) to all grades, classes or varieties of alfalfa seed; and (c) to all persons engaged in the production, marketing or production and marketing of alfalfa seed in Saskatchewan. 13 Mar 2009 cA-15.21 Reg 9 s4. Purposes 5(1) The general purpose and intent of the plan is to provide for the orderly and effective development of the alfalfa seed industry in Saskatchewan. (2) Without limiting the generality of subsection (1), the specific purposes of the plan are: (a) to promote and develop the alfalfa seed and leafcutting bee industries in Saskatchewan; (b) to develop procedures to maximize returns to producers; (c) to encourage the production of a uniform high-quality product; 5 ALFALFA SEED DEVELOPMENT PLAN A-15.21 REG 9 (d) to gather, compile and distribute information related to the production, processing, consumption and marketing of alfalfa seed and the management of leafcutting bees; (e) to conduct or encourage research on the production, marketing, processing and consumption of alfalfa seed and the management of leafcutting bees; (f) to promote and improve understanding among individuals and organizations within the alfalfa seed and leafcutting bee industries; (g) to establish a system of levies on alfalfa seed crops for carrying out the purposes of the plan; and (h) to represent registered producers in matters relating to the development of the alfalfa seed and leafcutting bee industries. 13 Mar 2009 cA-15.21 Reg 9 s5; 6 Mar 2015 SR 12/2015 s4. Duration of the plan 6 The plan remains in effect until these regulations are repealed. 13 Mar 2009 cA-15.21 Reg 9 s6. PART III Commission Commission 7(1) The Saskatchewan Alfalfa Seed Producers Development Commission 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, the commission consists of a maximum of six directors elected in accordance with Part VII. (3) If less than six directors, or less than the number of directors set by an order of the commission, are elected in accordance with Part VII, the commission may appoint registered producers as directors as it considers necessary to fill these positions. (4) The commission shall administer the plan. (5) Repealed. 24 Mar 2023 SR 15/2023 s3. 13 Mar 2009 cA-15.21 Reg 9 s7; 24 Mar 2023 SR 15/2023 s3. 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 alfalfa seed and leafcutting bees; (b) the power to require any or all persons engaged in the production, marketing or production and marketing of alfalfa seed to register with the commission; 6 A-15.21 REG 9 ALFALFA SEED DEVELOPMENT PLAN (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 alfalfa seed; (d) the power to set and collect a levy from any person engaged in the production, marketing or production and marketing of alfalfa seed; (e) the power to categorize into groups persons engaged in the production, marketing or production and marketing of alfalfa seed 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 alfalfa seed; 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 alfalfa seed 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 alfalfa seed, either as principal or agent; (j) the power to: (i) employ any officers and employees that it considers necessary to administer the 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; (l) the power to use any money received by the commission to carry out the purposes of the 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 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 plan; 7 ALFALFA SEED DEVELOPMENT PLAN A-15.21 REG 9 (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 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 plan; (t) the power to: (i) require any person who owes money to a registered producer with respect to the sale by the registered producer of alfalfa seed 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 registered 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; (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 remuneration and reimbursement for expenses of the directors are to be determined and paid; (y) the power to set out the number of directors elected to the commission 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. 8 A-15.21 REG 9 ALFALFA SEED DEVELOPMENT PLAN (2) The commission shall not regulate or control in any way the production, marketing or production and marketing of alfalfa seed. (3) Neither the sum of the loans mentioned in clause (1)(o), nor the sum of the financial guarantees mentioned in clause (1)(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. 13 Mar 2009 cA-15.21 Reg 9 s8; 6 Mar 2015 SR 12/2015 s5; 24 Mar 2023 SR 15/2023 s4. Books and records 9(1) The commission shall: (a) maintain any books and records that may be required for the administration of the 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 municipalities of residence of the directors of the commission. (4) The commission shall make the annual report available: (a) to the council; (b) at the annual general meeting of registered producers; and (c) on request to: (i) any registered producer; (ii) any registered buyer; or (iii) any other interested person. 13 Mar 2009 cA-15.21 Reg 9 s9; 24 Mar 2023 SR 15/2023 s5. Appointment of auditor 10(1) The registered 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. 9 ALFALFA SEED DEVELOPMENT PLAN A-15.21 REG 9 (2) If the registered 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. 13 Mar 2009 cA-15.21 Reg 9 s10. Committees 11(1) The commission may appoint any committee that it considers necessary or desirable for the proper operation of the 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. 13 Mar 2009 cA-15.21 Reg 9 s11. 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. 13 Mar 2009 cA-15.21 Reg 9 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. 13 Mar 2009 cA-15.21 Reg 9 s13. Policies re conflict of interest and code of conduct 14 The commission shall establish and maintain: (a) a conflict of interest policy for the directors; and (b) a policy respecting a code of conduct for the directors. 13 Mar 2009 cA-15.21 Reg 9 s14; 24 Mar 2023 SR 15/2023 s6. 10 A-15.21 REG 9 ALFALFA SEED DEVELOPMENT PLAN 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 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. 13 Mar 2009 cA-15.21 Reg 9 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. 13 Mar 2009 cA-15.21 Reg 9 s16. Investments 17 The commission may: (a) invest any money in its possession or control that is not immediately required for a purpose of the 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. 13 Mar 2009 cA-15.21 Reg 9 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. 13 Mar 2009 cA-15.21 Reg 9 s18. Financial plan 19 The commission shall prepare and approve a financial plan of its operations at the beginning of each fiscal year. 13 Mar 2009 cA-15.21 Reg 9 s19. Meetings of registered producers 20(1) An annual general meeting of registered producers: (a) is to be held in each year within six months after the end of the commission’s fiscal year; and (b) is to be held at a place and time determined by the commission. 11 ALFALFA SEED DEVELOPMENT PLAN A-15.21 REG 9 (2) The commission: (a) may call a special general meeting of registered producers at any time; and (b) shall call a special general meeting on the written request of not less than 15 registered producers. (3) The commission shall notify all registered producers, in writing: (a) for an annual general meeting of registered producers, of the date, time and 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 producers, of the date, time, location and agenda not less than 15 days before the date on which the special general meeting commences. (4) The notice mentioned in subsection (3) may be sent: (a) by ordinary or registered mail; or (b) at the request of a registered producer, by facsimile or electronic mail. (5) If a notice is sent pursuant to clause (4)(b), it is deemed to have been received on the next business day after it was sent. (6) Unless otherwise set by an order of the commission, the quorum at an annual or special general meeting of registered producers is 25 registered producers. (7) The commission shall present to the annual general meeting: (a) the annual report for the preceding fiscal year; (b) the financial plan it has approved for the current fiscal year; and (c) an outline of programs and activities it has planned for the current fiscal year. (8) 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 producers at the next annual general meeting or special general meeting. (9) At an annual general meeting or special general meeting, registered producers may debate and take a vote on any questions or resolutions respecting the purposes of the plan. (10) One or several registered 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; (11) If all registered producers intend to attend an annual general meeting or special general meeting by the means mentioned in subsection (10), permission from the council must first be obtained. 13 Mar 2009 cA-15.21 Reg 9 s20; 6 Mar 2015 SR 12/2015 s6; 24 Mar 2023 SR 15/2023 s7. 12 A-15.21 REG 9 ALFALFA SEED DEVELOPMENT PLAN PART IV Registration Registration of producers 21(1) Every 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 producer. (3) Registration remains in effect until: (a) the registered producer applies for and the commission approves a refund pursuant to section 24; (b) the commission has not received a levy payment from the registered producer for two consecutive fiscal years; (c) the death of a registered producer who is an individual; or (d) the dissolution of a corporation, association, society or other designation. 13 Mar 2009 cA-15.21 Reg 9 s21; 24 Mar 2023 SR 15/2023 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. 13 Mar 2009 cA-15.21 Reg 9 s22. Suspension and cancellation of registrations 23(1) The commission may cancel or suspend a registration if the registered producer or registered buyer, as the case may be, has contravened: (a) the Act; (b) the plan; (c) these regulations; or (d) an order or direction of the commission. (2) The commission shall establish, by order, procedures respecting the cancellation or suspension of a registration pursuant to this section. (3) If the commission suspends or cancels a registration pursuant to this section, the commission must advise the registered producer or registered buyer, as the case may be, in writing of its decision. 13 Mar 2009 cA-15.21 Reg 9 s23; 6 Mar 2015 SR 12/2015 s7. 13 ALFALFA SEED DEVELOPMENT PLAN A-15.21 REG 9 PART V Levies Collection of levies 24(1) Every producer engaged in the production, marketing or production and marketing of alfalfa seed 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 pound of alfalfa seed marketed or processed by a producer on a clean seed basis. (3) The commission shall provide registered producers: (a) an opportunity to discuss the rate of the levy at annual general meetings and special general meetings; and (b) at least 30 days’ notice that the rate of the levy is to be discussed at an annual general meeting or special general meeting. (4) The commission may require any processor, buyer or assembler of alfalfa seed to: (a) deduct the levy mentioned in subsection (1), and other fees and charges on alfalfa seed levied pursuant to these regulations, from any payment made to a producer; and (b) forward the levy and other fees and charges to the commission. (5) The commission may require any producer of alfalfa seed to: (a) deduct the levy mentioned in subsection (1), and other fees and charges on alfalfa seed levied pursuant to these regulations, from any payment from another producer; and (b) forward the levy and other fees and charges to the commission. (6) The commission may recover in a court of competent jurisdiction the levies, fees and charges mentioned in this section from producers, processors, buyers and assemblers. 13 Mar 2009 cA-15.21 Reg 9 s24. Refund of levies 25(1) The commission shall make a refund of levies only if: (a) the commission receives a written request for the refund from the producer: (i) with respect to levies paid between February 1 and July 31 in any year, not later than August 31 of that year; and (ii) with respect to levies paid between August 1 in any year and January 31 in the following year, not later than February 28 of that year; and (b) the request has been verified by the commission. 14 A-15.21 REG 9 ALFALFA SEED 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 producer: (a) between February 1 and July 31 in any year, the commission shall make the refund of those levies to the producer not later than October 31 of that year; and (b) between August 1 in any year and January 31 in the following year, the commission shall make the refund of those levies to the producer not later than April 30 of that year. 13 Mar 2009 cA-15.21 Reg 9 s25. Required notification 26 If, for any one fiscal year, 35% or more of the producers representing 35% or more of the levy for that fiscal year request a refund of levies pursuant to subsection 25(1), the commission shall immediately notify the council. 13 Mar 2009 cA-15.21 Reg 9 s26. PART VI Commission Orders Commission orders 27(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 registered producer, registered buyer or any other 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. 13 Mar 2009 cA-15.21 Reg 9 s27. PART VII Elections Eligibility 28(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; 15 ALFALFA SEED DEVELOPMENT PLAN A-15.21 REG 9 (d) a brother or sister; (e) a grandparent; (f) a grandchild; (g) an uncle or an aunt; (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 producer is eligible to hold office as a director of the commission. (3) If a registered producer is a corporation, partnership or other organization, it must appoint an individual who is a director, partner, shareholder, member, officer or employee as its representative. (4) The appointment of a representative pursuant to subsection (3) must be: (a) in writing; and (b) filed with the commission in a form and manner acceptable to the commission. (5) A corporation, partnership or other organization is entitled to vote or hold office only through a representative appointed pursuant to subsections (3) and (4). (6) Except as provided in subsection (5), voting by proxy is prohibited. (7) Every registered producer is entitled to one vote. 24 Mar 2023 SR 15/2023 s10. Nominations 29(1) Any registered producer is eligible to be nominated for election as a director of the commission. (2) The commission shall, at least 30 days before the date of the annual general meeting of registered producers at which the election will take place, send to each registered producer a notice that states that nominations will be accepted for the election of directors from registered producers attending the annual general meeting. (3) The commission shall receive nominations from registered producers at the annual general meeting. (4) Every nomination is to be: (a) in the form required by the commission; (b) seconded by one registered producer or the representative of a registered producer appointed pursuant to subsection 28(3). 13 Mar 2009 cA-15.21 Reg 9 s29; 24 Mar 2023 SR 15/2023 s10. 16 A-15.21 REG 9 ALFALFA SEED DEVELOPMENT PLAN Returning officer and scrutineer 30(1) Subject to subsection (2), the commission shall appoint a returning officer and a scrutineer to conduct an election pursuant to section 31. (2) Registered producers, alfalfa seed producers, buyers 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 related to conducting an election. (4) The scrutineer appointed pursuant to subsection (1) is responsible for scrutinizing all actions related to conducting an election. (5) Any registered producer nominated pursuant to section 29 may provide a scrutineer to scrutinize the ballot verification and vote count that follow the close of an election. 13 Mar 2009 cA-15.21 Reg 9 s30; 24 Mar 2023 SR 15/2023 s11. Conduct of elections 31(1) The commission shall arrange for the conduct of elections in conjunction with the annual general meeting. (2) If not more than the required number of candidates is nominated pursuant to section 29, the candidates nominated are deemed to be elected by acclamation. (3) If more than the required number of candidates are nominated pursuant to section 29, the commission shall conduct a vote. (4) All voting is to be by ballot. (5) The returning officer shall declare 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 ballot of a registered producer is not valid if: (a) the registered producer votes for more than the specified number of candidates; (b) it is defaced; (c) it is marked in any way other than to vote for candidates; (d) it is not the original ballot provided by the commission; or (e) the individual who voted for the registered producer voted more than once on behalf of that registered producer. (7) Ties are to be decided by the drawing of lots. (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, during the period from the date fixed pursuant to subsection 29(2) to the date of the annual general meeting in which the election will be held, engage in any activity that is intended to promote or oppose, or that may be reasonably considered intended to promote or oppose, the election or re-election of any candidate. 13 Mar 2009 cA-15.21 Reg 9 s31; 6 Mar 2015 SR 12/2015 s8; 24 Mar 2023 SR 15/2023 s12. 17 ALFALFA SEED DEVELOPMENT PLAN A-15.21 REG 9 Validity of election 32 A registered 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 producer to receive that document does not invalidate the election. 13 Mar 2009 cA-15.21 Reg 9 s32. Election results 33 The returning officer shall announce the names of the persons elected as directors at the close of the annual general meeting of registered producers at which the election was held. 13 Mar 2009 cA-15.21 Reg 9 s33. Term of office, vacancy, etc. 34(1) Subject to subsection (4), unless otherwise set by an order of the commission, a director of the commission holds office: (a) for a term of three years: (i) commencing with the announcement of the director’s election by the returning officer; or (ii) in the case of an appointed director, after he or she is appointed; and (b) until the directors successor is elected or appointed, as the case may be. (2) Subject to subsection (3), a director is eligible for re-election or reappointment. (3) Unless otherwise set by an order of the commission, if a director has completed two consecutive terms, the director is not eligible for re-election or reappointment until one year has passed since the completion of the director’s second consecutive term. (4) The office of a director becomes vacant if a director: (a) ceases to qualify as: (i) a registered producer; or (ii) the representative of a registered 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. (5) Notwithstanding subsection 7(2), if the office of a director becomes vacant, the commission may appoint a registered producer as a director to fill the vacancy until the next election. 13 Mar 2009 cA-15.21 Reg 9 s34; 24 Mar 2023 SR 15/2023 s13. 18 A-15.21 REG 9 ALFALFA SEED DEVELOPMENT PLAN Retention of ballots 35 The returning officer shall: (a) retain all ballots in his or her possession; and (b) not destroy any ballot or other record respecting an election of directors until 35 days after the annual general meeting of registered producers at which the returning officer announced the results of the election. 13 Mar 2009 cA-15.21 Reg 9 s35; 6 Mars 2015 SR 12/2015 s9; 24 Mar 2023 SR 15/2023 s14. Challenge to election results 35.1(1) Any registered producer may challenge the results of an election of directors, as announced by the returning officer pursuant to section 33, by submitting a written objection to the council. (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 annual general meeting of registered producers at which the returning officer declared the results of the election. (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. 6 Mars 2015 SR 12/2015 s10; 24 Mar 2023 SR 15/2023 s15. PART VIII Repeal, Transitional and Coming into Force R.R.S. c.A-15.2 Reg 6 repealed 36 The Saskatchewan Alfalfa Seed Producers Development Plan Regulations are repealed. 13 Mar 2009 cA-15.21 Reg 9 s36. 37 Repealed. 6 Mar 2015 SR 12/2015 s11. Coming into force 38 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 13 Mar 2009 cA-15.21 Reg 9 s38. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023