Oilseeds Development Plan Regulations, A-15.21 Reg 10

1 OILSEEDS DEVELOPMENT PLAN A-15.21 REG 10 The Oilseeds Development Plan Regulations being Chapter A-15.21 Reg 10 (effective November 26, 2009) as amended by Saskatchewan Regulations 55/2011, 36/2014 and 49/2024. 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 10 OILSEEDS DEVELOPMENT PLAN Table of Contents PART I PART V Title and Interpretation Levies 1 Title 22 Collection of levies 2 Interpretation 23 Refund of levies PART II 24 Required notification Plan PART VI 3 Plan continued Commission Orders 4 Application 25 Commission orders 5 Purpose PART VII PART III Elections Commission 26 Eligibility 6 Commission 27 Nominations 7 Powers of the commission 28 Returning officer and scrutineer 8 Books and records 29 Conduct of elections 9 Appointment of auditor 30 Failure to receive documents does not invalidate 10 Committees election 11 Chairperson and vice-chairperson 31 Election results 12 Quorum 32 Term of office, vacancy 13 Policies re conflict of interest and code of conduct 33 Repealed 14 Conflicts of interest 34 Retention of election records 15 Bank accounts 34.1 Challenge to election results 16 Investments PART VIII 17 Fiscal year Repeal and Coming into Force 18 Financial plan 35 R.R.S. c.A-15.2 Reg 2 repealed 19 Meetings of registered producers 36 Repealed PART IV 36.1 Repealed Registration 37 Coming into force 20 Registration of producers 21 Registration of buyers 3 OILSEEDS DEVELOPMENT PLAN A-15.21 REG 10 CHAPTER A-15.21 REG 10 The Agri-Food Act, 2004 PART I Title and Interpretation Title 1 These regulations may be cited as The Oilseeds Development Plan Regulations. Interpretation 2 In these regulations: (a) “Act” means The Agri-Food Act, 2004; (b) “business day” means a day other than a Saturday, Sunday or holiday; (c) “buyer” means any person who buys oilseeds produced in Saskatchewan; (d) “canola” means: (i) those oilseeds defined as canola, rapeseed or oilseed rape of the Brassica family as used in the Seeds Act (Canada) as amended from time to time; (ii) canola quality Brassica juncea; and (iii) any additional related oilseed as may be designated as canola by the commission with prior approval by the council; (e) “commission” means the Saskatchewan Oilseed Development Commission continued pursuant to section 6; (f) “director” means a director of the commission elected or appointed in accordance with these regulations; (f.1) “flax” means the seeds, straw, fibre, shives, or any part of the plant linum usitatissimum; (f.2) “oilseeds” means the seeds from canola or flax; (g) “plan” means the Saskatchewan Oilseed Development Plan continued pursuant to section 3; (h) “producer” means: (i) any person engaged in the production, marketing, or production and marketing of oilseeds and includes the employer of that person; 4 A-15.21 REG 10 OILSEEDS DEVELOPMENT PLAN (ii) a person who, under any lease or agreement, is entitled to a share of the oilseeds produced or the proceeds of its sale; and (iii) a person who takes possession of any oilseeds under any form of security or legal proceedings for a debt; (i) “registered producer” means a producer who: (i) is registered with the commission pursuant to section 20; (ii) has paid a levy pursuant to subsection 22(1) in the last two years for which he or she has not received a refund pursuant to section 23. 4 Dec 2009 cA-15.21 Reg 10 s2; 5 Jly 2024 SR 49/2024 s4. PART II Plan Plan continued 3 The Saskatchewan Canola Development Plan is continued as The Saskatchewan Oilseeds Development Plan. 5 Jly 2024 SR 49/2024 s5. 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; and (b) to all persons engaged in the production, marketing or production and marketing of oilseeds in Saskatchewan. 4 Dec 2009 cA-15.21 Reg 10 s4; 5 Jly 2024 SR 49/2024 s6. Purpose 5(1) The purpose of the plan is to develop the oilseeds industry in Saskatchewan. (2) Without limiting the generality of subsection (1), the specific purposes of the plan are: (a) to assist in the development and promotion of oilseeds and oilseeds products in the domestic and international marketplaces; (b) to conduct and encourage research on production, market development, processing and consumption of oilseeds and oilseeds products; (c) to advise governments on matters pertaining to oilseeds research and development; (d) to gather, compile and distribute information related to the production, consumption and market development of oilseeds and oilseeds products; 5 OILSEEDS DEVELOPMENT PLAN A-15.21 REG 10 (e) to encourage the production of uniformly high quality oilseeds and oilseeds products; (f) to promote harmony and communication within the oilseeds industry; (g) to initiate and implement advertising programs, sales promotion programs and consumer education programs to expand awareness of and demand for oilseeds and oilseeds products; (h) to establish a system of collecting levies on the production, marketing or production and marketing of oilseeds for the purposes of carrying out the objectives of the plan; and (i) to work in co-operation with any persons or organizations who have objectives similar to those of the plan. 4 Dec 2009 cA-15.21 Reg 10 s5; 5 Jly 2024 SR 49/2024 s7. PART III Commission Commission 6(1) The Saskatchewan Oilseed 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 8 directors elected in accordance with Part VII. (3) If fewer than 8 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 those positions. (4) The commission shall administer the plan. 4 Dec 2009 cA-15.21 Reg 10 s6; 19 Aug 2011 SR 55/2011 s3; 5 Jly 2024 SR 49/2024 s8. Powers of the commission 7(1) Subject to 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 oilseeds; (b) the power to require any or all persons engaged in the production, marketing or production and marketing of oilseeds 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 oilseeds; (d) the power to set and collect a levy from any person engaged in the production, marketing or production and marketing of oilseeds; 6 A-15.21 REG 10 OILSEEDS DEVELOPMENT PLAN (e) the power to categorize into groups persons engaged in the production, marketing or production and marketing of oilseeds for the purposes of setting and collecting fees, charges and 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 oilseeds; 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 oilseeds 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 oilseeds, 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; (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; 7 OILSEEDS DEVELOPMENT PLAN A-15.21 REG 10 (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 of 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 producer of any oilseeds to pay the moneys 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 set the manner in which remuneration and reimbursement for expenses of the directors are to be determined and paid; (y) the power to set the number of directors to be elected or appointed 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. (2) The commission shall not regulate or control in any way the production, marketing or production and marketing of oilseeds. 8 A-15.21 REG 10 OILSEEDS DEVELOPMENT PLAN (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. 4 Dec 2009 cA-15.21 Reg 10 s7; 5 Jly 2024 SR 49/2024 s9. Books and records 8(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 addresses 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. 4 Dec 2009 cA-15.21 Reg 10 s8. Appointment of auditor 9(1) The registered producers: (a) shall, at each annual general meeting of registered producers, 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 OILSEEDS DEVELOPMENT PLAN A-15.21 REG 10 (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. 4 Dec 2009 cA-15.21 Reg 10 s9. Committees 10(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. 4 Dec 2009 cA-15.21 Reg 10 s10. Chairperson and vice-chairperson 11(1) The commission shall elect a chairperson and a vice-chairperson from among the directors of the commission at their first meeting in each year after new directors have been elected or appointed. (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. 4 Dec 2009 cA-15.21 Reg 10 s11. Quorum 12 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 constituting a quorum is a decision of the commission. 4 Dec 2009 cA-15.21 Reg 10 s12. Policies re conflict of interest and code of conduct 13 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. 5 Jly 2024 SR 49/2024 s10. 10 A-15.21 REG 10 OILSEEDS DEVELOPMENT PLAN Conflicts of interest 14(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 policy mentioned in section 13. 4 Dec 2009 cA-15.21 Reg 10 s14. Bank accounts 15 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. 4 Dec 2009 cA-15.21 Reg 10 s15. Investments 16 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. 4 Dec 2009 cA-15.21 Reg 10 s16. Fiscal year 17 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. 4 Dec 2009 cA-15.21 Reg 10 s17. Financial plan 18 The commission shall prepare and approve a financial plan of its operations at the beginning of each fiscal year. 4 Dec 2009 cA-15.21 Reg 10 s18. Meetings of registered producers 19(1) An annual general meeting of registered 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. 11 OILSEEDS DEVELOPMENT PLAN A-15.21 REG 10 (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 50 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, location and agenda not less than 30 days before the date on which the annual general meeting of registered producers 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) by any other means to which the registered producer has consented. (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 general meeting or special general meeting of registered producers is 25 registered producers. (7) The commission shall present to the annual general meeting of registered producers: (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) The commission may provide the means for one or several registered producers to 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. 4 Dec 2009 cA-15.21 Reg 10 s19; 5 Jly 2024 SR 49/2024 s11. 12 A-15.21 REG 10 OILSEEDS DEVELOPMENT PLAN PART IV Registration Registration of producers 20(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 takes effect at the beginning of the commission’s fiscal year following the payment of the levy required pursuant to subsection 22(1). (4) Registration remains in effect until: (a) the registered producer applies for and the commission approves a refund pursuant to section 23; (b) the commission has not received a levy payment from the producer for 2 consecutive fiscal years; (c) the death of a registered producer who is an individual; or (d) the dissolution of a corporation, partnership or other organization that is a registered producer. 4 Dec 2009 cA-15.21 Reg 10 s20; 5 Jly 2024 SR 49/2024 s12. Registration of buyers 21(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. 4 Dec 2009 cA-15.21 Reg 10 s21. PART V Levies Collection of levies 22(1) Every producer engaged in the production, marketing, or production and marketing of oilseeds 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 oilseeds marketed by a producer. 13 OILSEEDS DEVELOPMENT PLAN A-15.21 REG 10 (3) The commission shall provide registered producers with: (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. (4) The commission may require any buyer of oilseeds to: (a) deduct the levy mentioned in subsection (1), and other fees and charges on oilseeds 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 recover in a court of competent jurisdiction the levies, fees and charges mentioned in this section from producers and buyers. 4 Dec 2009 cA-15.21 Reg 10 s22; 5 Jly 2024 SR 49/2024 s13. Refund of levies 23(1) The commission shall make a refund of levies only if: (a) the commission receives a written request for the refund from the 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. (2) If the commission receives and verifies a written request for a refund of levies that were paid to the commission by the 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 producer not later than October 31 of that year. 4 Dec 2009 cA-15.21 Reg 10 s23. Required notification 24 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 23(1), the commission shall immediately notify the council. 4 Dec 2009 cA-15.21 Reg 10 s24. PART VI Commission Orders Commission orders 25(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. 14 A-15.21 REG 10 OILSEEDS DEVELOPMENT PLAN (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. 4 Dec 2009 cA-15.21 Reg 10 s25. PART VII Elections Eligibility 26(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; (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 or representative of a 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 as its representative to put forward resolutions at meetings, vote or hold office on behalf of the registered producer an individual who is: (a) a director, partner, shareholder, member, officer or employee of the corporation, partnership or other organization or a family member of any of those individuals; and (b) actively involved in the farming operation of the registered producer. 15 OILSEEDS DEVELOPMENT PLAN A-15.21 REG 10 (4) On or before the date fixed pursuant to clause 27(2)(a) as the last date for receipt of nominations for election to the commission, a registered producer who is an individual may appoint as that individual’s representative to put forward resolutions at meetings, vote or hold office on behalf of the registered producer an individual who is: (a) an employee or family member of the registered producer; and (b) actively involved in the farming operation of the registered 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 that is a registered producer is entitled to put forward resolutions at meetings, vote or hold office only through a representative appointed pursuant to subsections (3) and (5). (7) After a representative is appointed in accordance with subsections (4) and (5) and until the registered producer or the representative terminates the appointment by filing a notice in writing with the commission: (a) the representative is entitled to put forward resolutions at meetings, vote or hold office as the representative of the registered producer and to receive any notice required to be given pursuant to this Part; and (b) the registered producer is not entitled to put forward resolutions at meetings, 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 producer to vote on behalf of the registered producer. (9) Except as provided in this section, voting by proxy is prohibited. (10) Every registered producer is entitled to 1 vote. 5 Jly 2024 SR 49/2024 s14. Nominations 27(1) Subject to section 26, any registered 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 producers that nominations are being accepted for the commission and of the last date for receipt of nominations. (3) Every nomination must: (a) be made in writing in the form required by the commission; 16 A-15.21 REG 10 OILSEEDS DEVELOPMENT PLAN (b) be signed by: (i) two registered producers; (ii) two representatives of registered producers appointed pursuant to subsection 26(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). (5) After the date fixed pursuant to clause (2)(a), the returning officer shall forward copies of all nominations to the board. 4 Dec 2009 cA-15.21 Reg 10 s27; 5 Jly 2024 SR 49/2024 s15. Returning officer and scrutineer 28(1) Subject to subsection (2), the commission shall appoint a returning officer and a scrutineer to conduct an election pursuant to section 29. (2) 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 relating to conducting an election. (4) Any registered producer or representative of a registered producer nominated pursuant to section 27 may provide a scrutineer to scrutinize the ballot verification and vote count that follow the close of an election. (5) Directors, officers and employees of the commission are not eligible to act pursuant to subsection (4) as scrutineers. 4 Dec 2009 cA-15.21 Reg 10 s28; 5 Jly 2024 SR 49/2024 s16. Conduct of elections 29(1) If not more than the required number of candidates is nominated pursuant to section 27, the candidates nominated are deemed to be elected by acclamation. (2) If more than the required number of candidates are nominated pursuant to section 27, 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 producer: (i) a numbered ballot; (ii) the candidate profiles submitted pursuant to clause 27(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 17 OILSEEDS DEVELOPMENT PLAN A-15.21 REG 10 (c) if the commission provides ballots pursuant to subclause (b)(i) in paper form, provide an envelope with the ballot. (3) Every registered producer that 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 fixed for it to be returned. (4) 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. (5) 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 on behalf of the registered producer voted more than once on behalf of that registered producer. (6) The returning officer must send the written report mentioned in subsection (4) to the commission within 10 business days after the completion of the election. (7) If the number of candidates nominated pursuant to section 27 is greater than the number of director positions to be filled, the board shall not, during the period from the date fixed pursuant to clause 27(2)(a) to the date fixed pursuant to clause (2) (a), 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. (8) Ties in elections conducted pursuant to this section are decided by the drawing of lots. 4 Dec 2009 cA-15.21 Reg 10 s29; 30 May 2014 SR 36/2014 s3; 5 Jly 2024 SR 49/2024 s17. Failure to receive documents does not invalidate election 30 The failure of any registered producer to receive the documents mentioned in clause 29(2)(b) does not invalidate the election. 4 Dec 2009 cA-15.21 Reg 10 s30. Election results 31(1) The returning officer or the chairperson shall read the written report prepared pursuant to subsection 29(4) at the first annual general meeting of registered producers after the election. 18 A-15.21 REG 10 OILSEEDS DEVELOPMENT PLAN (2) The reading of the written report pursuant to subsection (1) is deemed to be the declaration of the directors. (3) The commission shall: (a) within 10 business days after receiving the written report of the returning officer prepared pursuant to subsection 29(4), provide to candidates the election results, including total vote counts for all candidates; and (b) make the written report of the returning officer available on request to any registered producer. 5 Jly 2024 SR 49/2024 s18. Term of office, vacancy 32(1) Subject to subsection (4), unless otherwise set by an order of the commission, a director of the commission holds office: (a) in the case of an elected director, for a term of 4 years commencing at the close of the annual general meeting at which that director’s election is declared; or (b) in the case of an appointed director, until the next election that is held after that director is appointed and until that director’s 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 2 consecutive 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 2 years have passed since the completion of the director’s second consecutive term. (4) The office of 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 three consecutive meetings of the commission without being excused by 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 6(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. 4 Dec 2009 cA-15.21 Reg 10 s32; 19 Aug 2011 SR 55/2011 s4; 5 Jly 2024 SR 49/2024 s19. 33 Repealed. 5 Jly 2024 SR 49/2024 s20. 19 OILSEEDS DEVELOPMENT PLAN A-15.21 REG 10 Retention of election records 34(1) The returning officer shall: (a) retain the following in the returning officer’s possession: (i) the original nominations made pursuant to clause 27(3)(a); (ii) the original candidate profiles submitted pursuant to clause 27(3)(c); (iii) the ballots; and (b) not destroy any nomination, candidate profile, ballot or other record respecting an election of directors until 35 days after the annual general meeting of registered producers at which the results of the election were declared. (2) If a registered producer submits a written objection to the council pursuant to section 34.1, the period mentioned in clause (1)(b) is extended until the challenge has been determined. 5 Jly 2024 SR 49/2024 s21. Challenge to election results 34.1(1) Any registered producer nominated pursuant to section 27 may challenge the results of an election of directors, as provided pursuant to clause 31(3)(a), 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 notification of the election results pursuant to clause 31(3)(a). (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. 30 May 2014 SR 36/2014 s5; 5 Jly 2024 SR 49/2024 s22. PART VIII Repeal and Coming into Force R.R.S. c.A-15.2 Reg 2 repealed 35 The Saskatchewan Canola Development Plan Regulations are repealed. 4 Dec 2009 cA-15.21 Reg 10 s35. 36 Repealed. 19 Aug 2011 SR 55/2011 s5. 36.1 Repealed. 5 Jly 2024 SR 49/2024 s22. 20 A-15.21 REG 10 OILSEEDS DEVELOPMENT PLAN Coming into force 37 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 4 Dec 2009 cA-15.21 Reg 10 s37. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024