For information only: Made by the Minister of Agriculture and Irrigation (M.O. 16/2023) on August 10, 2023 pursuant to section 23 of the Marketing of Agricultural Products Act. Table of Contents 1 Definitions 2 Designation of agricultural product Part 1 General Operation of Plan Division 1 Plan 3 Plan continued 4 Termination of Plan 5 Application of Plan 6 Purpose and intent of Plan Division 2 Administration of Plan by the Board 7 Board continued 8 Functions of Board 9 Regulations to operate Plan 10 Financing of Plan 11 Indemnification funds Part 2 Governance of Plan Division 1 Board 12 Composition of Board 13 Insufficient number of voters 14 Election irregularities 15 Vacancy Division 2 Areas 16 Areas 17 Delegates for an area 18 Executive committee Part 3 Transitional, Review and Repeal 19 Transitional 20 Review 21 Repeal Schedule Definitions 1 In this Regulation, (a) "Act" means the Marketing of Agricultural Products Act; (b) "area" means an area referred to in section 16; (c) "Board" means the Board continued under section 7; (d) "bylaws" means the bylaws made by the Board pursuant to section 26(2.1) of the Act; (e) "Council" means the Alberta Agricultural Products Marketing Council; (f) "family" means family as defined in the Sugar Beet Production and Marketing Regulation (AR 287/97); (g) "fodder beet" means a sugar beet produced in Alberta for consumption by livestock owned or leased by the producer or a family member of the producer; (h) "licensed processor" means a person who holds a processor's licence under the Sugar Beet Production and Marketing Regulation (AR 287/97); (i) "marketing" means (i) buying, selling, offering for sale, storing, grading, packing, transporting or advertising, and (ii) includes any other function or activity designated as marketing by the Lieutenant Governor in Council; (j) "person" means a person as defined in the Interpretation Act and includes (i) a partnership as defined in the Partnership Act, (ii) any unincorporated organization that is not a partnership referred to in subclause (i), and (iii) any group of individuals who are carrying on an activity for a common purpose and are neither a partnership referred to in subclause (i) nor an unincorporated organization referred to in subclause (ii); (k) "Plan" means the Sugar Beet Marketing Plan amended and continued under section 3; (l) "processing" means changing the nature or form of the regulated product; (m) "processor" means any person who utilizes or purchases the regulated product and holds a processor's licence; (n) "producer" means a person who produces sugar beets; (o) "registered producer" means a producer who is registered with the Board and has been allotted a quota; (p) "regulated product" means sugar beets produced in Alberta; (q) "special general meeting" means a special general meeting of area delegates or registered producers held in accordance with the bylaws; (r) "sugar beet" means a white beet scientifically defined as Beta vulgaris. Designation of agricultural product 2 Sugar beets are designated as an agricultural product for the purposes of the Act. Part 1 General Operation of Plan Division 1 Plan Plan continued 3 The Sugar Beet Marketing Plan continued under the Sugar Beet Marketing Plan Regulation (AR 275/97) is amended and continued under this Regulation with the name "Sugar Beet Marketing Plan". Termination of Plan 4 This Plan does not terminate at the conclusion of a specific period of time and shall remain in force unless otherwise terminated pursuant to the Act. Application of Plan 5(1) This Plan applies (a) to all of Alberta; (b) to all persons who produce the regulated product within the area described in the Schedule; (c) to all persons who market sugar beets through licensed processors; (d) for the purposes of section 9(1)(b), (c), (d), (e) and (g) and (2)(e), (f), (g), (h), (i), (l), (m) and (n), to licensed processors. (2) Despite subsection (1), this Plan does not apply in respect of a person who produces fodder beets in Alberta on one or more parcels of land that are owned or leased by the person and that do not in the aggregate exceed 40 acres, in respect of those fodder beets. Purpose and intent of Plan 6(1) The purpose and intent of this Plan is to provide for the effective control and regulation, in all respects, of the production and marketing of sugar beets in Alberta, to the extent of the powers conferred on the Board. (2) Without limiting the generality of subsection (1), the purposes of this Plan are the following: (a) to establish the negotiating agencies to adopt or settle matters regarding prices and the terms, conditions and form of agreements relating to the marketing of sugar beets; (b) to establish a system of quotas for the production or marketing, or both, of sugar beets; (c) to provide for the licensing of (i) processors, and (ii) registered producers; (d) to establish and maintain a system of marketing whereby sugar beets are marketed through processors in accordance with this Plan and the regulations made in respect of this Plan; (e) to initiate and carry out projects or programs to commence, stimulate, increase or improve the production or marketing, or both, of sugar beets or any product resulting from the processing of sugar beets; (f) to support and cooperate with other organizations having objectives similar to or compatible with the objectives of the Board; (g) to fund, initiate, conduct or carry on research and development and studies with respect to the production, handling, marketing and processing of the regulated product, including research and studies concerning the development and use of the regulated product. Division 2 Administration of Plan by the Board Board continued 7 The board known as the "Alberta Sugar Beet Growers" is continued. Functions of Board 8(1) The Board, subject to the Act, is responsible for the operation, regulation, supervision and enforcement of this Plan. (2) In accordance with section 50 of the Act, the Board, with respect to the production or marketing, or both, of the regulated product, may be authorized by the Council to perform any function or duty and exercise any power imposed or conferred on the Board by or under the Agricultural Products Marketing Act (Canada) or the Farm Products Agencies Act (Canada), or both of them. Regulations to operate Plan 9(1) The Board is authorized under section 26(1) of the Act to make, with the approval of the Council, regulations (a) requiring producers engaged in the production or marketing, or both, of sugar beets to register their names and addresses with the Board; (b) requiring any person who produces, markets or processes sugar beets to furnish to the Board any information or record relating to the production, marketing or processing of sugar beets that the Board considers necessary; (c) requiring persons to be licensed under this Plan before they become engaged in the production, marketing and processing, or any one or more of those functions, of sugar beets; (d) prohibiting persons from engaging in the production, marketing or processing, as the case may be, of sugar beets except under the authority of a licence issued under this Plan; (e) governing the issuance, suspension or cancellation of a licence issued under this Plan; (f) providing for (i) the assessment, charging and collection of service charges, levies and licence fees, as the case may be, from producers from time to time for the purposes of this Plan, and (ii) the taking of legal action to enforce payment of the service charges, levies or licence fees, as the case may be; (g) requiring any processor who receives sugar beets from a producer (i) to deduct from the money payable to the producer any service charges, licence fees or levies, as the case may be, payable by the producer to the Board, and (ii) to forward the amount deducted to the Board; (h) providing for the use of any class of service charges, levies or other money payable to or received by the Board for the purpose of paying its expenses and administering this Plan and the regulations made by the Board; (i) permitting the Board to exercise any one or more of the powers that are vested in a cooperative under the Cooperatives Act. (2) The Board is authorized under section 27(1) of the Act to make, with the approval of the Council, regulations (a) requiring that the production or marketing, or both, of sugar beets be conducted pursuant to a quota; (b) governing (i) the fixing and allotting of quotas, (ii) the increase or reduction of quotas, (iii) the cancelling of quotas, and (iv) the refusal to fix and allot quotas, to producers for the production or marketing, or both, of sugar beets on any basis that the Board considers appropriate; (c) governing the transferability or non-transferability of quotas and prescribing the conditions and procedures applicable to the transfer of quotas, if any, that the Board considers appropriate; (d) establishing (i) a formula for determining the amount of sugar beets deemed to have been produced or marketed by a producer, and (ii) the period of time in respect of which the formula is to be applied, for the purposes of determining the amount of sugar beets produced or marketed by a producer during a period of time; (e) providing for (i) the assessment, charging and collection of a levy from any producer whose production or marketing, or both, of sugar beets is in excess of the quota that has been fixed and allotted to that producer, and (ii) the taking of legal action to enforce payment of the levy; (f) directing, controlling or prohibiting, as the case may be, the production or marketing, or both, of sugar beets or any class, variety, size, grade or kind of sugar beets in such manner as the Board considers appropriate; (g) regulating and controlling the production or marketing, or both, of sugar beets, including the times and places at which sugar beets may be produced or marketed; (h) providing (i) for the operation of one or more pools for the distribution of all money payable to the producers from the sale of sugar beets, and (ii) for the deduction of reasonable and proper disbursements and expenses with respect to the operation of the pool; (i) providing for the collection from any person by legal action of money owing to a producer for sugar beets; (j) prohibiting a person to whom a quota has not been fixed and allotted for the production or marketing, or both, of sugar beets from producing or marketing, as the case may be, any sugar beets; (k) prohibiting a producer to whom a quota has been fixed and allotted for the production or marketing, or both, of sugar beets from producing or marketing, as the case may be, any sugar beets in excess of that quota; (l) prohibiting any person from purchasing or otherwise acquiring any sugar beets from a producer that are in excess of the quota that has been fixed and allotted to the producer for the production or marketing, or both, of sugar beets; (m) prohibiting any person from purchasing or otherwise acquiring any sugar beets from a person to whom a quota has not been fixed and allotted for the production or marketing, or both, of sugar beets; (n) prohibiting any person from marketing or processing any sugar beets that have not been sold by or through the Board. Financing of Plan 10(1) This Plan shall be financed by the charging and collection of service charges, levies and licence fees from producers and by any other money payable to or received or accrued by the Board. (2) In accordance with the regulations, (a) the amount of a service charge and the method by which it will be assessed shall be prescribed by the Board from time to time, (b) the licensed processor shall deduct the service charge from the first payment due to the registered producer from the licensed processor and shall forward the service charge to the Board, (c) the Board may invoice a producer for service charges owing for a crop year where the producer has been granted a leave of absence from producing sugar beets for that crop year, and (d) the amount of a licence fee and the method by which it will be assessed and collected shall be prescribed by the Board from time to time. Indemnification funds 11(1) The Board may establish one or more funds under section 34 of the Act. (2) In order to finance the funds, the Board may raise amounts in accordance with section 34 of the Act. (3) A fund shall not be established under section 35 of the Act. Part 2 Governance of Plan Division 1 Board Composition of Board 12(1) The Board shall consist of 8 registered producers as follows, elected or appointed in accordance with this Plan and the bylaws: (a) one individual to represent each area, elected by the registered producers in each area during an area general meeting or appointed in accordance with section 15(1)(a)(ii); (b) one individual as chair, elected by the area delegates and members of the Board at the annual general meeting of the Board, or elected or appointed in accordance with the bylaws referred to in section 15(1)(b). (2) In addition to the registered producers elected or appointed under subsection (1), the Board may, by bylaw, establish a director at large position, elected by the area delegates at the annual general meeting of the Board in accordance with the bylaws or appointed in accordance with section 15(1)(c). Insufficient number of voters 13(1) If an election for a position is held under this Plan and there is an insufficient number of eligible voters, as determined by the bylaws, (a) the election is void, and (b) the position for which the election was held remains vacant. (2) Notwithstanding that an election is void under subsection (1) and a position remains vacant, the bylaws may provide that the term of office of the position is deemed to have commenced as if an individual had been elected to the position. (3) If a position is vacant under subsection (1), the position may be filled (a) by electing or appointing an individual in accordance with section 15(1), in the case of a vacancy on the Board, or (b) in accordance with the bylaws, in the case of an area delegate vacancy. Election irregularities 14(1) If a registered producer questions (a) the eligibility of a candidate, (b) the eligibility of a voter, (c) any matter relating to a ballot or the tabulation of ballots, or (d) any other irregularity with respect to the conduct of an election, that registered producer, not later than 15 days after the date of the election, may apply in writing to the Council to have the election declared invalid and the position declared vacant. (2) If the Council has not received an application under subsection (1) within the 15-day period referred to in subsection (1), an individual elected at that election is deemed to be duly elected. (3) The Council shall not consider an application under subsection (1) that is not received by the Council within the 15-day period referred to in subsection (1). (4) On receipt of an application under subsection (1), the Council must consider the matter and may (a) declare the election to be proper and the position filled if, in the opinion of the Council, there is no basis for the application, (b) declare the election to be proper and the position filled notwithstanding that there is a basis for the application if, in the opinion of the Council, (i) the basis for the application did not materially affect the result of the election, and (ii) the election was conducted substantially in accordance with the Plan, the bylaws and the Act, or (c) declare the election to be void and the position vacant if, in the opinion of the Council, there is a basis for the application and the basis is sufficient to or did affect the result of the election. (5) If the Council declares an election to be void and the position vacant, the Council may (a) order that, within the time that the Council considers proper, a special general meeting be held and an election conducted to fill the vacant position for the unexpired portion of the term, or (b) in the case of an election to the Board, notify the Board that the position is vacant and that the Board may fill the vacant position in accordance with section 15(1). (6) Notwithstanding that an election is declared void and a position is declared vacant under subsection (4)(c), the bylaws may provide that the term of office of the position is deemed to have commenced as if an individual had been elected to the position. Vacancy 15(1) Subject to section 14(5), if a vacancy occurs on the Board, (a) in the case of a registered producer who represents an area, the executive committee of the area affected (i) may conduct a special election in accordance with the bylaws to fill the vacant position, or (ii) with the approval of the Council, may appoint from among the registered producers who are eligible to be elected to the Board an individual to serve as a member of the Board, (b) in the case of the chair, the position may be filled in accordance with the bylaws, and (c) in the case of a director at large, the Board, with the approval of the Council, may appoint an individual from among the registered producers who are eligible to be elected to the Board. (2) An individual elected or appointed under subsection (1) serves for the unexpired portion of the term. Division 2 Areas Areas 16 For the purposes of this Plan and the bylaws, that portion of Alberta in which the production of sugar beets occurs is divided into 7 areas as set out in the Schedule. Delegates for an area 17 The registered producers within an area shall elect area delegates to represent those registered producers in accordance with this Plan and the bylaws. Executive committee 18 Each area shall have an executive committee established in accordance with the bylaws. Part 3 Transitional, Review and Repeal Transitional 19 An area delegate or director of the Board holding office immediately before the coming into force of this Regulation continues to hold office until the expiry of the individual's term of office in accordance with the Plan and the bylaws unless (a) the individual is removed or resigns from office, (b) the bylaws eliminate that office, or (c) the bylaws reduce the term of office for that position. Review 20 In compliance with the ongoing regulatory review initiative, this Regulation must be reviewed on or before November 30, 2030. Repeal 21 The Sugar Beet Marketing Plan Regulation (AR 275/97) is repealed. Schedule Coaldale Area 1 The Coaldale Area consists of all the land included within the boundary commencing at and proceeding from the north-east corner of section 25, Township 10, Range 20, west along the south side of the Oldman River to its source at the Alberta-British Columbia border, south along the Alberta-British Columbia border to the United States border, east along the Alberta-United States border to the south-east corner of section 1, Township 1, Range 15, north to the north-west corner of section 31, Township 6, Range 14, west to the south-west corner of section 6, Township 7, Range 19, and north to the north-east corner of section 25, Township 10, Range 20. Tempest Area 2 The Tempest Area consists of all the land included within the boundary commencing at and proceeding from the north-west corner of section 30, Township 10, Range 19, east along the south side of the Oldman River to the north-east corner of the south-east quarter of section 36, Township 10, Range 19, south to the north-east corner of the south-east quarter of section 12, Township 9, Range 19, east along the south side of the Chin Reservoir to the north-east corner of section 13, Township 7, Range 15, south to the south-east corner of section 1, Township 7, Range 15, west to the south-west corner of section 6, Township 7, Range 19, and north to the north-west corner of section 30, Township 10, Range 19. Picture Butte Area 3 The Picture Butte Area consists of all the land included within the boundary commencing at and proceeding from the north-east corner of section 1, Township 11, Range 19, north to the north-east corner of section 36, Township 13, Range 19, west along the division line between Townships 13 and 14 to the north-west corner of section 31, Township 13, Range 24, south to the Oldman River, and east along the north side of the Oldman River to the north-east corner of section 1, Township 11, Range 19. Taber Area 4 The Taber Area consists of (a) all the land included within the boundary commencing at and proceeding from the north-west corner of section 31, Township 11, Range 18, east along the division line between Townships 11 and 12 to the Oldman River, south along the west side of the Oldman River to the south-west corner of section 18, Township 10, Range 16, east to the south-west corner of section 16, Township 10, Range 16, south to the south-west corner of section 33, Township 7, Range 16, west along the north side of the Chin Reservoir to the north-west corner of section 7, Township 9, Range 18, north to the intersection point with the north side of the Oldman River, west along the north side of the Oldman River to the north-west corner of section 6, Township 11, Range 18, and north along the division line between Ranges 18 and 19 to the north-west corner of section 31, Township 11, Range 18, and (b) all the land included within the boundary commencing at and proceeding from the south-west corner of section 18, Township 10, Range 16, east along the south side of the Oldman River to the north-west corner of the north-east quarter of section 35, Township 11, Range 16, east along the division line between Townships 11 and 12 to the Bow River, south along the west side of the Bow/South Saskatchewan River to the north-east corner of the south-east quarter of section 12, Township 11, Range 13, south to the south-east corner of section 1, Township 11, Range 13, east to the north-east corner of section 36, Township 10, Range 13, south to the south-east corner of the north-east quarter of section 1, Township 7, Range 13, west along the north side of the Chin Reservoir to the south-west corner of section 33, Township 7, Range 16, north to the south-west corner of section 16, Township 10, Range 16, and west to the south-west corner of section 18, Township 10, Range 16. Burdett-Bow Island Area 5 The Burdett Bow Island Area consists of all the land included within the boundary commencing at and proceeding from the north-east corner of the south-east quarter of section 12, Township 11, Range 13, south to the south-east corner of section 1, Township 11, Range 13, east to the north-east corner of section 36, Township 10, Range 13, south to the south-east corner of the north-east quarter of section 1, Township 7, Range 13, west along the south side of the Chin Reservoir to the north-west corner of section 18, Township 7, Range 14, south to the Alberta-United States border, east to the Alberta-Saskatchewan border, north along the Alberta-Saskatchewan border to the South Saskatchewan River, west along the south side of the South Saskatchewan River to the north-west corner of section 35, Township 11, Range 11, west along the division line between Townships 11 and 12 to the Bow River and south along the east side of the Bow/South Saskatchewan River to the north-east corner of the south-east quarter of section 12, Township 11, Range 13. Vauxhall Area 6 The Vauxhall Area consists of all the land east of the division line between Ranges 17 and 18 and north of the division line between Townships 11 and 12, excepting the land included in the Burdett Bow Island Area. Enchant Area 7 The Enchant Area consists of all the land west of the division line between Ranges 17 and 18 and north of the division line between Townships 11 and 12, excepting the land included in the Picture Butte Area and the Coaldale Area.