Alberta Regulation 201/96. Advanced Education Foundations Act ADVANCED EDUCATION FOUNDATIONS AMENDMENT REGULATION

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1 Alberta Regulation 201/96 Advanced Education Foundations Act ADVANCED EDUCATION FOUNDATIONS AMENDMENT REGULATION Filed: September 3, 1996 Made by the Lieutenant Governor in Council (O.C. 407/96) pursuant to section 16 of the Advanced Education Foundations Act. 1 The Advanced Education Foundations Regulation (Alta. Reg. 396/91) is amended by this Regulation. 2 Section 6(c) is amended by adding, including any interest that may have accrued on the assets, after assets Alberta Regulation 202/96 Government Organization Act ADVANCED EDUCATION AND CAREER DEVELOPMENT GRANTS REGULATION Filed: September 3, 1996 Made by the Lieutenant Governor in Council (O.C. 408/96) pursuant to section 13 of the Government Organization Act. Table of Contents Definitions 1 Making of grants 2 Delegation 3 Obedience to grant conditions 4 Accounting for grant expenditure 5 Community consortium 6 Repeal 7 Definitions 1 In this Regulation, (a) administrative agent means an institution, other than a provincially administered institution, that is approved by the Minister, on the recommendation of the board of directors of a community consortium, to receive and disburse grants on behalf of that consortium under section 2(d); (b) board of directors, in relation to a community consortium, means the governing body referred to in section 6;

2 ALTA. REG. 202/96 GOVERNMENT ORGANIZATION (c) community adult learning means non-sectarian education offered to adults on a non-credit and non-profit basis, and includes projects that facilitate the development, co-ordination and delivery of such education; (d) community adult learning council means a voluntary association, whether incorporated or unincorporated, approved by the Minister, that consists of 2 or more organizations or institutions and that has assumed collective responsibility for the development and co-ordination of community adult learning opportunities; (e) community consortium means a voluntary association, approved by the Minister, that consists of at least 2 institutions and, unless exempted by the Minister, at least one community volunteer and that has assumed collective responsibility for planning for the provision of credit programs and programs and courses that prepare individuals for employment or for other credit programs; (f) designated hosting authority means the member of a community adult learning council nominated by that council and approved by the Minister as the organization or institution to receive and disburse grants under section 2(c), on behalf of that council; (g) grant means a grant under section 2; (h) institution means (i) a university as defined in the Universities Act, (ii) a public college established under the Colleges Act, (iii) a private college as defined in the Colleges Act, (iv) the Banff Centre for Continuing Education, (v) a technical institute established under the Technical Institutes Act, (vi) a provincially administered institution, or (vii) a school of nursing under the jurisdiction of the Minister, or the body that governs that institution, as the context requires; (i) Minister means the member of the Executive Council responsible for advanced education or career development, as the case may be;

3 ALTA. REG. 202/96 GOVERNMENT ORGANIZATION (j) organization includes an individual but does not include an institution; (k) provincially administered institution means an advanced education institution owned by the Government and operated as part of the Department responsible for advanced education; (l) the Act means the Government Organization Act. Making of grants 2 Subject to section 13(1) of the Act, the Minister may make (a) grants, known as operations grants, to an institution, other than a provincially administered institution, to support its operations, (b) grants, known as program grants, to an institution or organization for the provision of adult learning programs and services by that institution or organization and for related facilities used in the development and provision of those programs and services, (c) grants, known as community adult learning grants, to a designated hosting authority to make disbursements to enable the applicable community adult learning council to provide community adult learning opportunities or, if such a council is incorporated, directly to that council for that purpose, (d) grants, known as community consortium grants, to an administrative agent to make disbursements, in accordance with the directions of the board of directors of its community consortium, to enable that consortium to support the administrative operation of the consortium or to support the provision of programs, courses or services planned by that board, (e) grants, known as cost shared grants, to fund programs under the Minister s administration whose costs are to be shared by the Government of Canada or that of another province or by an agent of any such government, (f) grants, known as special purpose grants, (i) to support any commitment made by the Minister for the purpose of paying all or part of the costs related to any policies, programs, services or other matters under the Minister s administration, (ii) to support specific projects, functions or activities relating to adult learning at an institution or organization, or

4 ALTA. REG. 202/96 GOVERNMENT ORGANIZATION (iii) to support any organization established by or under an Act under the Minister s administration or of which the Minister is a member in the capacity of a Minister of the Government, or (g) grants, known as inmate education grants, to an institution to provide for the education by it of inmates as defined in the Corrections Act. Delegation 3 The Minister may delegate to any employee of the Government any power conferred on the Minister by section 13(1) or (4) of the Act or by this Regulation. Obedience to grant conditions 4 The recipient of a grant shall use or, where applicable, disburse it in accordance with the conditions of the grant. Accounting for grant expenditure 5 The recipient of a grant shall, if so requested by the Minister, account for how it is spent. Community consortium 6 A community consortium must have by-laws providing for its constitution, and the by-laws must provide for a governing body for the consortium consisting of (a) the presidents of the institutions that are members of the community consortium by virtue of their offices, or their designates, and (b) those community volunteers whose membership of that body is provided for in the by-laws. Repeal 7 The following are repealed: (a) the Manpower Grants Regulation (Alta. Reg. 314/83); (b) the Advanced Education Grants Regulation (Alta. Reg. 316/83)

5 Alberta Regulation 203/96 Student and Temporary Employment Act STUDENT AND TEMPORARY EMPLOYMENT AMENDMENT REGULATION Filed: September 3, 1996 Made by the Lieutenant Governor in Council (O.C. 409/96) pursuant to section 3 of the Student and Temporary Employment Act. 1 The Student and Temporary Employment Regulation (Alta. Reg. 105/94) is amended by this Regulation. 2 Section 3 is amended by repealing clause (b) and substituting the following: (b) Training-on-the-Job Program; (b.1) Integrated Training Program; (b.2) Integrated Training for Youth Program; Alberta Regulation 204/96 Workers Compensation Act WORKERS COMPENSATION AMENDMENT REGULATION Filed: September 3, 1996 Made by the Lieutenant Governor in Council (O.C. 415/96) pursuant to section 147 of the Workers Compensation Act. 1 The Workers Compensation Regulation (Alta. Reg. 427/81) is amended by this Regulation. 2 Section 3(1) is amended by adding or after clause (b) and by repealing clauses (c) and (d) and substituting the following: (c) workers while they are participating in competitive sports in the course of their employment, unless (i) the activity is consistent with the worker s regular employment duties, and (ii) the worker s participation was expressly pre-authorized by the employer

6 ALTA. REG. 204/96 WORKERS COMPENSATION 3 The following is added after section 8.1: 8.2(1) The notice of accident required to be given by an employer under section 28(1)(b) and (c) of the Act shall be given in the form prescribed by the Board for that purpose or any other form acceptable to the Board. (2) In completing the form referred to in subsection (1), the employer shall provide all of the information required by the Board that the employer reasonably has in its power or possession or with due diligence can reasonably ascertain. (3) The Board shall by notice in writing to employers prescribe the means by which the notice of accident is to be given. (4) The notice of the accident is effectively given when the employer transmits the completed form to the Board by the most expeditious means at his disposal, provided that the means is prescribed under subsection (3) Alberta Regulation 205/96 Mines and Minerals Act PRESCRIBED AMOUNTS (PETROLEUM ROYALTY) AMENDMENT REGULATION Filed: September 4, 1996 Made by the Deputy Minister of Energy (M.O. 27/96) pursuant to section 1.1 of the Petroleum Royalty Regulation (Alta. Reg. 248/90). 1 The Prescribed Amounts (Petroleum Royalty) Regulation (Alta. Reg. 47/93) is amended by this Regulation. 2 Section 47 is amended by adding the following after clause (d): (d.1) the new oil par price is $ per cubic metre; 3 The following is added after section 47: 48 The following are prescribed for the month of October, 1996: (a) the old non-heavy oil par price is $ per cubic metre;

7 ALTA. REG. 205/96 MINES AND MINERALS (b) the old heavy oil par price is $ per cubic metre; (c) the new non-heavy oil par price is $ per cubic metre; (d) the new heavy oil par price is $ per cubic metre; (e) the third tier non-heavy oil par price is $ per cubic metre; (f) the third tier heavy oil par price is $ per cubic metre; (g) the old non-heavy oil royalty factor is ; (h) the old heavy oil royalty factor is ; (i) the new non-heavy oil royalty factor is ; (j) the new heavy oil royalty factor is ; (k) the third tier non-heavy oil royalty factor is ; (l) the third tier heavy oil royalty factor is ; (m) the old non-heavy oil select price is $26.01 per cubic metre; (n) the old heavy oil select price is $26.01 per cubic metre; (o) the new non-heavy oil select price is $82.89 per cubic metre; (p) the new heavy oil select price is $55.91 per cubic metre; (q) the third tier non-heavy oil select price is $ per cubic metre; (r) the third tier heavy oil select price is $ per cubic metre; (s) the adjustment factor for old non-heavy oil is ; (t) the adjustment factor for old heavy oil is

8 Alberta Regulation 206/96 Environmental Protection and Enhancement Act TIRE RECYCLING AND MANAGEMENT REGULATION Filed: September 11, 1996 Made by the Lieutenant Governor in Council (O.C. 427/96) pursuant to section 168 of the Environmental Protection and Enhancement Act. Table of Contents Definitions 1 Tires as designated material 2 Management board established 3 Annual report 4 Fund established 5 Registration 6 Security 7 Cancellation and suspension of registration 8 Prohibition 9 Advance disposal surcharge 10 Surcharge in trust 11 Recovery of surcharge 12 Supply of scrap tires to processor 13 Reporting 14 By-laws 15 Notice to Minister 16 Offence 17 Transitional 18 Repeal 19 Coming into force 20 Expiry 21 Definitions 1 In this Regulation, (a) Act means the Environmental Protection and Enhancement Act; (b) Association means the Tire Recycling Management Association of Alberta; (c) by-law means a by-law made by the Association under section 15; (d) depot means a depot designated by the Association for the collection of scrap tires; (e) Fund means the Tire Recycling and Management Fund established under section 5; (f) Minister means the Minister of Environmental Protection;

9 ALTA. REG. 206/96 (g) motor vehicle means a motor vehicle within the meaning of the Motor Vehicle Administration Act (i) in respect of which a certificate of registration or permit under that Act is required, or (ii) that is registered or licensed in accordance with the laws of a jurisdiction outside of Alberta; (h) new tire does not include a retreaded tire; (i) processor means a person who processes scrap tires; (j) retailer means a person who supplies in Alberta new tires of a class in respect of which an advance disposal surcharge is payable, whether the tires are supplied separately or on a motor vehicle, trailer, tractor or implement of husbandry that is supplied by that person, but does not include a person who supplies such tires only within the boundaries of Lloydminster; (k) scrap tire means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect; (l) supply means to transfer a property interest (i) by gift, or (ii) by any transaction in the nature of (A) a sale, or (B) a lease for a period of at least one year; (m) tire means a tire that is manufactured for the purpose of being used on the wheel of a motor vehicle, trailer, tractor or implement of husbandry; (n) trailer means a trailer within the meaning of the Motor Vehicle Administration Act (i) in respect of which a certificate of registration or permit under that Act is required, or (ii) that is registered or licensed in accordance with the laws of a jurisdiction outside Alberta. Tires as designated material 2 Tires are hereby designated as designated material for the purposes of Part 9, Division 1 of the Act. Management board established 3(1) The Tire Recycling Management Association of Alberta, being a

10 ALTA. REG. 206/96 society incorporated under the Societies Act, is hereby established as a management board within the meaning of section 168(ff) of the Act. (2) The Association shall administer the Fund in accordance with this Regulation, the by-laws and the objects and by-laws of the Association under the Societies Act. Annual report 4(1) The Association shall (a) not less than 30 days before the start of each fiscal year provide to the Minister a business plan for the Association that indicates its goals for the coming fiscal year, and (b) not more than 6 months after the end of each fiscal year provide to the Minister an annual report summarizing the activities of the Association and containing the audited financial statements of the Association for the fiscal year. (2) The remuneration and benefits that were paid to (a) all members of the board of directors of the Association, and (b) all management personnel who report directly to one or more of the members of the board of directors during the fiscal year must be reported in the financial statements or as a note or schedule to the financial statements. (3) The remuneration and benefits must be reported (a) on an individual basis by name in the case of the persons referred to in subsection (2)(a), and (b) on an aggregate basis in the case of the persons referred to in subsection (2)(b). (4) The Minister is authorized to disclose personal information reported under this section, and this subsection constitutes an authorization for the purposes of section 38(1)(e) of the Freedom of Information and Protection of Privacy Act. Fund established 5(1) There is hereby established an industry operated recycling fund to be called the Tire Recycling and Management Fund, which shall be used to provide or pay for any or all of the following: (a) establishing and administering a scrap tire waste minimization and recycling program; (b) education programs for the purpose of the scrap tire waste minimization and recycling program;

11 ALTA. REG. 206/96 (c) expenditures incurred in the collection, transportation, storage, processing and disposal of scrap tires; (d) research and development activities related to scrap tire management; (e) promotion and development for marketing the products of scrap tire recycling. (2) The following shall be deposited into the Fund: (a) advance disposal surcharges on new tires, as provided for in this Regulation and the by-laws; (b) gifts, donations, grants and bequests to the Fund. (3) Investment income earned on deposits of the Fund accrues to and forms part of the Fund. (4) Salaries, fees, costs, expenses and liabilities incurred in the administration of the Fund shall be paid out of the Fund. Registration 6(1) Every retailer shall apply to the Association to be registered for the purposes of the remittance of advance disposal surcharges under this Regulation. (2) Any person who wishes to supply scrap tires to a processor may apply to the Association to be registered for that purpose. (3) An application referred to in subsection (1) or (2) shall be made in a form and manner that is acceptable to the Association. (4) The Association shall assign a registration number and issue a certificate of registration to a person it registers under subsection (2) or (3) and shall notify that person in writing of the number and the effective date of registration. Security 7 The Association may require an applicant for registration or a registrant (a) to provide security to the Association, or (b) to provide to the Association evidence of security in a form and amount that is acceptable to the Association for the purpose of ensuring that the applicant or registrant exercises his powers and carries out his duties as a registrant in accordance with the Act, this Regulation and the by-laws

12 ALTA. REG. 206/96 Cancellation and suspension of registration 8(1) The Association may cancel or suspend the registration of a registrant if the registrant contravenes the Act, this Regulation or the by-laws. (2) The Association may cancel the registration (a) of a registrant who is a retailer if the registrant ceases to carry on business as a retailer, or (b) of any registrant, if the registrant applies to surrender his certificate of registration. (3) A person who ceases to be a registrant by virtue of subsection (1) or (2) or whose certificate of registration is under suspension shall forthwith surrender his certificate of registration to the Association. Prohibition 9 No person shall carry on business as a retailer unless the person is registered as a retailer and the registration is not under suspension. Advance disposal surcharge 10(1) If the Association prescribes an advance disposal surcharge for a class of tire in the by-laws, a retailer who supplies a new tire of that class shall, for each new tire so supplied, remit the prescribed advance disposal surcharge to the Association. (2) Subsection (1) does not apply to a supply transaction that is of a kind that is exempted from the application of that subsection in the by-laws. (3) A retailer shall (a) by means of a return, account to the Association for all advance disposal surcharges that must be remitted, and (b) remit all advance disposal surcharges to the Association in the form and manner and at the times required in the by-laws. Surcharge in trust 11 A retailer holds all advance disposal surcharges that he is obliged to remit under section 10 in trust for the Association. Recovery of surcharge 12 An advance disposal surcharge and any interest owing in respect of it are recoverable by the Association in an action in debt. Supply of scrap tires to processor 13(1) A person who is a registrant and is in compliance with the Act, this Regulation, the by-laws and any applicable permit issued under the by-laws may supply scrap tires to a processor at a depot. (2) No person shall supply scrap tires to a processor in an amount or number that exceeds the amount or number permitted in the by-laws for

13 ALTA. REG. 206/96 that person or for that class of scrap tire or in any applicable permit referred to in subsection (1). (3) No person who holds a permit referred to in subsection (1) shall contravene a term or condition of the permit. Reporting 14 A person who supplies scrap tires to a processor shall provide reports to the Association and to the processor in the form and manner and at the times required in the by-laws or by the permit referred to in section 13(1). By-laws 15(1) The Association may make by-laws (a) classifying tires, new tires and scrap tires for the purposes of the by-laws; (b) respecting agreements between the Association and any person and between registrants and processors concerning any aspect of the collection, disposal, processing, waste minimization or recycling of scrap tires; (c) governing registration of retailers and other persons for the purposes of section 6, including prescribing registration fees; (d) subject to subsection (2), prescribing for the purposes of section 10(1) the advance disposal surcharges that are to be remitted; (e) exempting supply transactions for the purposes of section 10(2); (f) respecting the form and manner in which and the times at which an accounting must be made and advance disposal surcharges must be remitted for the purposes of section 10(3); (g) requiring the payment of interest on advance disposal surcharges that are not remitted by retailers to the Association as required by this Regulation and the by-laws; (h) providing for the assessment by the Association of the amount of advance disposal surcharges owing by a retailer to the Association where a return has not been made by a retailer, where a return has been made but is incorrect or misleading or where surcharges that should have been collected and remitted were not collected and remitted; (i) governing the issuance, cancellation and suspension of permits for the purposes of section 13; (j) prescribing for the purposes of section 13 the amount or number of scrap tires that may be supplied to a processor;

14 ALTA. REG. 206/96 (k) governing the form and manner of providing reports and the times at which they must be provided for the purposes of section 14; (l) respecting the records that registrants must keep in respect of transactions in tires and the making of those records available for inspection by the Association and representatives of the Department of Environmental Protection. (2) The advance disposal surcharge prescribed in a by-law under subsection (1)(d) shall not exceed $4 per tire. Notice to Minister 16 Where the Association proposes to change its objects or by-laws under the Societies Act, it shall give reasonable prior notice of the nature of the proposed changes to the Minister. Offence 17 A person who contravenes section 6(1), 8(3), 9, 10(1) or (3), 13(2) or (3) or 14 is guilty of an offence and liable to a fine of not more than (a) $ in the case of an individual, or (b) $ in the case of a corporation. Transitional 18 On the coming into force of this Regulation (a) all cash and securities held in an amount equal to the accumulated net revenue of the Tire Recycling and Management Fund established under the Tire Recycling and Management Regulation (Alta. Reg. 249/92) shall be transferred to the Environmental Protection and Enhancement Fund under the Environmental Protection and Enhancement Act, and (b) all other property, assets, liabilities and obligations of the Tire Recycling and Management Board established under the Tire Recycling and Management Regulation (Alta. Reg. 249/92) become the property, assets, liabilities and obligations of the Association. Repeal 19 The Tire Recycling and Management Regulation (Alta. Reg. 249/92) is repealed. Coming into force 20 This Regulation comes into force on October 15,

15 Expiry 21 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be re-passed in its present or an amended form following a review, this Regulation expires on October 15, Alberta Regulation 207/96 Dairy Board Act DAIRY BOARD REGULATION Filed: September 11, 1996 Made by the Lieutenant Governor in Council (O.C. 430/96) pursuant to section 11 of the Dairy Board Act. Table of Contents Interpretation 1 Policy Committee Policy committee 2 Remuneration 3 Executive 4 Committee, Board meetings 5 Licences Licence required 6 Types of licences 7 Applying for a licence 8 Licence issues 9 Licence not transferable 10 Suspension, cancellation 11 Quotas Fluid milk quota 12 FMQ adjustment 13 Market share quota 14 MSQ adjustment 15 Producer requirements 16 Quota abeyance 17 Quota transfers 18 Cancellation of quota 19 Milk Delivery, Prices Milk delivery 20 Milk transferred to another processor 21 Milk classifications 22 Excess milk price 23 Pooling

16 ALTA. REG. 207/96 DAIRY BOARD Milk prices 25 Reports, Payments Assessments and levies 26 Notice to processors 27 Payment to producers 28 Payment adjustment 29 Payment statement 30 Adjustments 31 Monthly report 32 Annual report 33 Information to be provided 34 Records to be maintained 35 Invoices 36 Container identification 37 Prohibitions Processed milk prohibition 38 Container prohibition 39 Condition prohibition 40 Licence required 41,42 Dispositions, Appeals Written requests 43 Written authorization 44 Appeal 45 Service of notice and decision 46 Appeal procedure 47 Repeals, Coming into Force, Expiry Repeals 48 Coming into force 49 Expiry 50 Interpretation 1(1) For the purposes of the Act and the regulations, (a) excess milk means milk delivered by producers to a processor s plant that is not classified as sub-class 1a milk; (b) milk means (i) the product obtained by the milking of one or more cows, excluding colostrum, whether or not that product is processed by the adding to it or the removing from it of any substance, and (ii) any products of milk that are supplied, processed or marketed in fluid form, other than evaporated or condensed milk packaged in cans,

17 ALTA. REG. 207/96 DAIRY BOARD but for the purposes of section 12 of the Act means the product that is classified as sub-class 1a milk. (2) In this Regulation, (a) Act means the Dairy Board Act; (b) buttermilk means milk that contains not less than 8.25% milk solids-not-fat and to which lactic acid producing bacteria or similar culture has been added; (c) chocolate milk means milk that contains not less than 3.25% and not more than 3.60% of milk fat, and not less than 8.25% milk solids-not-fat, to which a chocolate flavour has been added; (d) chocolate partly skimmed 2% milk means milk that contains not less than 2.00% and not more than 2.50% of milk fat, to which a chocolate flavour has been added; (e) chocolate partly skimmed 1% milk means milk that contains not less than 1.00% and not more than 1.50% of milk fat, to which a chocolate flavour has been added; (f) component means any substance naturally occurring in milk; (g) 10% cream means milk that contains not less than 10.00% milk fat and not more than 10.50% milk fat; (h) 18% cream means milk that contains not less than 18.00% milk fat; (i) dairy year means the 12-month period as designated in the regulations under the Canadian Dairy Commission Act (Canada); (j) eggnog means milk to which has been added flavouring ingredients and sweeteners plus emulsifiers or stabilizers; (k) flavoured milk means milk, partly skimmed 2% milk, partly skimmed 1% milk, skim milk or cream, to which a flavour has been added; (l) fluid milk quota means the number of litres of milk per day allotted to a producer by the Dairy Board pursuant to this Regulation; (m) heavy cream means milk that contains 40.00% milk fat or more and that may have sugar added; (n) homogenized milk means standard milk that has been subjected to a mechanical treatment that prevents separation of the milk fat;

18 ALTA. REG. 207/96 DAIRY BOARD (o) licence means a licence issued by the Dairy Board under this Regulation; (p) market share quota means the number of litres of milk or kilograms of butterfat for a dairy year allotted by the Dairy Board pursuant to this Regulation to a producer as the producer s share of the provincial entitlement; (q) marketing means selling, reselling, offering for sale, keeping for sale, buying, pricing, assembling, packing, handling, storing, delivering or transporting; (r) milk products means processed milk in the form of standard milk, homogenized milk, 2% partly skimmed milk, 1% partly skimmed milk, skim milk, chocolate partly skimmed 2% milk, chocolate partly skimmed 1% milk, chocolate milk, flavoured milk, buttermilk, 10% cream, 18% cream, whipping cream, heavy cream, eggnog or any other processed milk product; (s) national plan has the same meaning as comprehensive milk marketing plan in section 31(1) of the Act; (t) 1% partly skimmed milk means milk that contains not less than 1.00% and not more than 1.50% of milk fat and not less than 8.25% milk solids-not-fat; (u) 2% partly skimmed milk means milk that contains not less than 2.00% and not more than 2.50% of milk fat and not less than 8.25% milk solids-not-fat; (v) plant means the premises occupied and used by a processor; (w) processed milk means milk that is pasteurized, homogenized, packaged or treated so that its form or composition is altered in any manner from the form or composition in which it is received from the producer; (x) processor means any person who processes any milk; (y) producer means a person who produces milk from any cow or herd of cows under that person s control and who markets milk to another person; (z) provincial entitlement means the total market share quota for Alberta for a dairy year that has been determined pursuant to the Dairy Products Marketing Regulations under the Canadian Dairy Commission Act (Canada); (aa) provincial reserve means an amount of unallocated market share quota resulting from (i) a producer s going out of business,

19 ALTA. REG. 207/96 DAIRY BOARD (ii) a producer s delivering less than the maintenance requirement of his market share quota, or (iii) any other source; (bb) quota means fluid milk quota and market share quota; (cc) skim milk means milk that contains not more than 0.10% of milk fat and not less than 8.50% of milk solids-not-fat; (dd) specialty milk means milk in fluid form the composition of which has been altered or to which has been added flavourings, colour or bacterial culture and, without limiting the generality of the foregoing, includes buttermilk, eggnog, cordials, acidophilus milk, kefir, chocolate milk, flavoured milk and concentrated liquid milk; (ee) standard milk means milk that contains not less than 3.25% of milk fat and not more than 3.60% of milk fat and not less than 8.25% milk solids-not-fat; (ff) whipping cream means milk that contains not less than 32.00% of milk fat. (3) A reference to a class or sub-class of milk means a class or sub-class of milk as set out in section 22. Policy Committee Policy committee 2(1) The Dairy Board may appoint a policy committee whose function is to advise and make recommendations to the Dairy Board on matters relating to the objects and functions of the national plan and the Dairy Board. (2) The membership of the policy committee consists of (a) 3 producer representatives, one of whom is to be a member of Agrifoods International Co-operative Ltd., (b) one processor representative from Agrifoods International Co-operative Ltd., (c) one processor representative from Lucerne Foods, a division of Canada Safeway Limited, (d) one processor representative from Beatrice Foods Inc., (e) one processor representative other than from Lucerne Foods, a division of Canada Safeway Limited, Beatrice Foods Inc., or Agrifoods International Co-operative Ltd.,

20 ALTA. REG. 207/96 DAIRY BOARD (f) one representative from the Department of Agriculture, Food and Rural Development, and (g) the Chairman of the Alberta Dairy Control Board. (3) Members of the policy committee are appointed for a term of 2 years. Remuneration 3 Members of the policy committee may, with respect to carrying out their duties as members of the committee, receive remuneration and travelling and subsistence allowance in accordance with Schedule 2, Part B of the Committee Remuneration Order numbered O.C. 769/93 or in accordance with an Order that replaces O.C. 769/93. Executive 4 Members of the policy committee must select a committee chairman and secretary from the committee membership. Committee, Board meetings 5 The policy committee and the Dairy Board must meet together (a) at the request of the chairman of the policy committee, or (b) at the request of the Dairy Board. Licences Licence required 6(1) A person who carries on the business of producing or processing milk must hold a licence issued by the Dairy Board. (2) A person who holds a licence must comply with the terms or conditions of the licence. Types of licences 7(1) The Dairy Board may issue (a) a producer licence, or (b) a processor licence. (2) A producer licence authorizes the licensee to produce milk for delivery to a processor to whom he has been directed by the Dairy Board to deliver milk. (3) A processor licence authorizes the licensee to operate a plant and market milk from that plant. (4) A person may hold both a producer licence and a processor licence

21 ALTA. REG. 207/96 DAIRY BOARD Applying for a licence 8 An application for a licence must (a) be made to the Dairy Board on a form satisfactory to the Dairy Board, (b) include the approval of any municipality or other person or agency that the Dairy Board requires, and (c) be accompanied by a fee of $25. Licence issues 9(1) If the Dairy Board is satisfied that it is not contrary to the public interest and that the applicant meets the requirements of this Regulation, it may issue a licence to an applicant. (2) The Dairy Board shall not issue more than one producer s licence with respect to a dairy farm operated as a unit at one location. (3) The Dairy Board may include any terms and conditions in the licence. (4) The Dairy Board must direct a licensed producer to deliver milk to a specific processor. Licence not transferable Suspension, cancellation 10 A licence issued by the Dairy Board is not transferable. 11(1) Licences issued by the Dairy Board continue in effect unless suspended or revoked. (2) A licence issued by the Dairy Board may be suspended or revoked if (a) the Dairy Board finds that the holder has not complied with the Act, this Regulation or the terms or conditions of the licence, (b) there has been a change (i) in the ownership or location of any milking facilities or plant in respect of which the licence is issued, or (ii) in the address or ownership of the licence holder, (c) a producer delivers milk to a processor other than the processor to whom the Dairy Board has directed the producer to deliver milk, (d) a processor accepts delivery of milk from a producer other than a producer directed to the processor by the Dairy Board, or (e) the certificate of registration issued to the licence holder under the Dairy Industry Act is suspended or cancelled

22 ALTA. REG. 207/96 DAIRY BOARD Quotas Fluid milk quota 12(1) The Dairy Board must, in light of market requirements, allot fluid milk quota to producers. (2) The Dairy Board may increase or decrease a fluid milk quota in response to market requirements. (3) A fluid milk quota allotted to a producer by the Dairy Board remains in effect until it is cancelled under section 19 or increased or decreased under this section or reduced under section 13. FMQ adjustment 13 In January of each year the Dairy Board may reduce the fluid milk quota of a producer who has failed to deliver 90% of his fluid milk quota, calculated on a daily basis, during the months of September, October, November and December of the preceding calendar year. Market share quota 14(1) The Dairy Board may allot market share quota from the provincial entitlement (a) to all producers on a basis as determined by the Dairy Board, or (b) to a producer whose deliveries of excess milk are greater than his market share quota. (2) The Dairy Board may allot all or part of the provincial reserve. (3) Nothing in this section requires the Dairy Board to allot any market share quota if the provincial entitlement would be exceeded. MSQ adjustment 15 When changes occur in the Canadian domestic market the Dairy Board may, in accordance with the national plan, adjust the market share quota allotted to a producer. Producer requirements 16(1) A licensed producer must deliver no less than 90% of his quota of milk to the licensed processor to whom he is directed by the Dairy Board. (2) If a producer delivers less than the amount prescribed in subsection (1), the Dairy Board may reduce the producer s quota by the number of litres of milk or kilograms of butterfat that the producer failed to deliver in accordance with subsection (1). (3) The Dairy Board shall not adjust the quota of any producer because all or any part of the milk delivered to a processor is considered by the Dairy Board as unsuitable for processing

23 ALTA. REG. 207/96 DAIRY BOARD Quota abeyance 17(1) A producer may apply to the Dairy Board to hold his quota in abeyance (a) if his herd or production from the herd is affected by a catastrophe, including severe illness or death of the quota holder, sudden death of a significant part of the producing herd, destruction of the production facilities, severe infection of an uncontrollable disease in the dairy herd or a disease for which the health authorities require that the dairy herd be slaughtered, or (b) for any other reason that is acceptable to the Dairy Board. (2) On receipt of an application under subsection (1), the Dairy Board may hold the producer s quota in abeyance for a period as determined by the Dairy Board. Quota transfers 18(1) A quota may be transferred only with prior written approval of the Dairy Board. (2) A producer applying to transfer a quota must submit the application to the Dairy Board at least 14 days prior to the proposed transfer date on forms supplied by the Dairy Board. (3) A transfer of quota is effective on the first day of a month. (4) If a producer transfers all of the market share quota allotted to him to another producer, (a) the unused portion of the market share quota is available to the transferee for the quota period in which the transfer is approved by the Dairy Board, and (b) the whole of the acquired market share quota is available to the transferee in the next quota period, subject to the delivery requirements in section 16. (5) A producer may not transfer any quota reinstated by the Dairy Board on appeal until 2 years after the date of reinstatement unless, in the opinion of the Board, the reinstated quota should not have been cancelled. Cancellation of quota 19 The Dairy Board may cancel a quota if (a) the producer s licence is suspended for 2 weeks or more or cancelled, (b) the producer discontinues deliveries in accordance with his fluid milk quota for a period of 2 consecutive weeks or more,

24 ALTA. REG. 207/96 DAIRY BOARD (c) the producer discontinues deliveries in accordance with his market share quota for 2 consecutive months, (d) the producer contravenes the terms and conditions of his licence, or (e) the producer contravenes the Act or this Regulation. Milk Delivery, Prices Milk delivery 20(1) A producer must deliver milk only to the processor to whom he is directed by the Dairy Board under section 9(4). (2) The period between 2 deliveries of milk from a producer must not exceed 2 days unless the producer receives prior approval from the Dairy Board. (3) A processor must accept all milk delivered in accordance with this Regulation by the producers directed to deliver to him by the Dairy Board. Milk transferred to another processor 21(1) The Dairy Board may direct that quantities of milk received or to be received by a processor be transferred by the processor to another processor. (2) Handling charges to compensate for the transfer of milk pursuant to subsection (1) may be set by the Dairy Board, and the Dairy Board may direct who is to pay the handling charges and who is to receive the handling charges. Milk classifications 22(1) Milk is classified according to how a processor uses it. (2) Milk is classified as follows: (a) class 1 milk, which consists of the following sub-classes of milk: (i) sub-class 1a milk, which means milk in liquid form and includes standard milk, 2% partly skimmed milk, 1% partly skimmed milk, skim milk, modified enriched milk and kosher milk; (ii) sub-class 1b milk, which means cream in liquid form and includes whipping cream, 18% cream, 10% cream and heavy cream; (iii) sub-class 1c milk, which means specialty milk; (iv) sub-class 1d milk, which means milk in liquid form that is marketed in the Yukon Territory, the Northwest

25 ALTA. REG. 207/96 DAIRY BOARD Territories or off-shore within the meaning of this section; (b) class 2 milk, which means milk used in the manufacture of sour cream, yogurt, cultured products, ice cream, frozen yogurt or other frozen products, meal replacement beverages, soup bases, puddings, whipped milk or infant formulas; (c) class 3 milk, which consists of the following sub-classes of milk: (i) sub-class 3a milk, which means milk used in the manufacture of cottage cheese, fresh curd or any other cheese that is designated by the Dairy Board as specialty cheese; (ii) sub-class 3b milk, which means milk used in the manufacture of cheddar cheese, light cheddar cheese, kosher cheddar cheese, stirred curd creamy cheese bases or cheese mixes; (d) class 4 milk, which consists of the following sub-classes of milk: (i) sub-class 4a milk, which means milk used in the manufacture of all types of butter, all types of milk powder, casein, caseinate, condensed milk as an ingredient in the food industry and butter oil; (ii) sub-class 4b milk, which means milk used in the manufacture of condensed milk and sweetened condensed milk for retail sale; (iii) sub-class 4c milk, which means milk used in the manufacture of classified products designated by the Dairy Board as new to the Alberta market; (iv) sub-class 4d milk, which means milk (A) used in the manufacture of processed animal feed or a new product that has not yet been classified, or (B) involved in inventory and plant losses; (e) class 5 milk, which consists of the following sub-classes of milk: (i) sub-class 5a milk, which means milk used for the further processing of cheese products; (ii) sub-class 5b milk, which means milk used for the further processing of non-cheese products;

26 ALTA. REG. 207/96 DAIRY BOARD (iii) sub-class 5c milk, which means milk used for confectionery products; (iv) sub-class 5d milk, which means milk used for processing into products not mentioned in subclause (i), (ii) or (iii); (v) sub-class 5e milk, which means milk used for Plan C of the national plan or preemptive surplus removal by the Canadian Dairy Commission, or both. (3) For the purposes of this section, milk is marketed off-shore if it is (a) marketed outside Canada, (b) delivered to a bonded warehouse or a ship chandler for marketing outside Canada, or (c) sold to a foreign registered cruise ship operating in, or a foreign registered ship normally operating outside, Canadian territorial waters, other than one owned or operated by the Government of Canada or of a province, or any of its agencies. (4) In this section, inventory and plant losses means milk receiving and processing losses as confirmed by audit, including extraordinary losses such as transportation or silo accidents, spillage prior to processing, processing losses in the production of finished products, class 1 returns and unaccounted milk losses at the plant up to 2% of plant receipts. (5) Losses in excess of the 2% of plant receipts referred to in subsection (4) must be prorated to each class and sub-class of milk produced in the plant. Excess milk price 23(1) The Dairy Board may set a price for excess milk (a) on its own initiative, or (b) if requested in writing by an organization of producers or processors. (2) The Dairy Board must announce prior to the effective date the minimum price for subclass 1a milk and excess milk set in accordance with the Act and this Regulation. Pooling 24(1) The Dairy Board may operate one or more producer payment pools for the purpose of sharing milk revenue derived from the sale of sub-class 1a milk and excess milk in Alberta by producers to processors. (2) The Dairy Board must publish monthly the results of each producer payment pool showing how payment to producers was determined

27 ALTA. REG. 207/96 DAIRY BOARD Milk prices 25(1) Subject to this section, a processor must make payment for all milk received by him from a producer at not less than the prices set out in orders of the Alberta Energy and Utilities Board and the Dairy Board. (2) The price for sub-class 1a milk is the price prescribed by the Alberta Energy and Utilities Board in accordance with section 12 of the Act. (3) The price for excess milk is the price based on the total delivery of milk, class of milk and components in the milk as calculated by the Dairy Board and set out in a Dairy Board order. Reports, Payments Assessments and levies 26(1) The Dairy Board may, by order, fix, impose on and collect from producers and processors levies, charges, fees and assessments required for the proper operation of the national plan and the conduct of the milk trade in Alberta. (2) The Dairy Board must notify the processors of the amounts to be paid by producers and processors pursuant to this section. (3) Levies, charges, fees and assessments described in this section owing to the Dairy Board by a producer and not remitted by a processor must be paid to the Dairy Board by the producer. Notice to processors 27 The Dairy Board must, on or before the 13th day of each month, notify each processor with respect to milk received in the previous month of (a) the prices for milk and excess milk received, (b) the amount of milk in each class, and (c) the totals of the amounts computed under section 29. Payment to producers 28(1) Each processor must pay each producer directed to deliver milk to him for milk delivered based on the amount of each class of milk delivered and the price resulting from the orders referred to in section 25. (2) A processor must pay each producer for milk delivered the same price for the milk calculated on the same basis. (3) A processor must make an interim or advance payment of at least 50% of the payment under subsection (1) on or before the first day after the end of each month to a producer for milk received at his plant from the producer during the previous month

28 ALTA. REG. 207/96 DAIRY BOARD (4) A processor must make payment under subsection (1) on or before the 20th day after the end of each month to a producer for milk received at his plant from the producer during the previous month. Payment adjustment 29 If a processor is required by the Dairy Board to pay a producer more or less than the total price obtained by the processor for the milk marketed by the processor, as calculated pursuant to orders referred to in section 25, then (a) on or before the 15th day after the end of the month during which the milk was received, that processor must pay to the Dairy Board the amount by which the price obtained for the milk marketed by the licensee is greater than the amount that he must pay to producers pursuant to section 28(1), and (b) on or before the 17th day after the end of the month during which the milk was received, the Dairy Board must pay to every processor the amount by which the price obtained for the milk marketed by the licensee is less than the amount that he must pay to a producer pursuant to section 28(1). Payment statement 30 A processor must include on a producer s payment statement the following: (a) the name of the producer and the producer s Canadian Dairy Commission registration number; (b) the statement period covered; (c) the number of days in the statement period; (d) the date of receipt of deliveries; (e) the hectolitres in each delivery; (f) the total volume and components of milk delivered; (g) the butterfat, protein and other solids test results; (h) the price for milk used for each producer payment pool established by the Dairy Board under this Regulation; (i) details of all advances and deductions; (j) hauling charges. Adjustments 31 If in the process of verification of reports or payments of a processor the Dairy Board discovers any error resulting in money due (a) to the Dairy Board from a processor,

29 ALTA. REG. 207/96 DAIRY BOARD (b) to a processor from the Dairy Board, or (c) to a producer from a processor, the Dairy Board must promptly notify the processor of any amount due, and payment must be made on or before the next due date for making a payment as determined pursuant to section 29. Monthly report 32(1) A processor must, on or before the 8th day of each month, furnish the Dairy Board with a report of the total milk received, the source of the milk and the total utilization by classes of milk for the preceding month in a form satisfactory to the Dairy Board. (2) The report must be accompanied by an itemized invoice for any costs incurred by the processor in respect of matters referred to in section 21(1) for the preceding month. Annual report 33(1) A processor must submit a report of his operations annually to the Dairy Board, within 4 months of the end of the processor s fiscal year, in a form satisfactory to the Dairy Board. (2) The information in the report must be verified in a manner satisfactory to the Dairy Board. Information to be provided 34 A producer or processor must provide information that the Dairy Board requires for the purposes of this Regulation in the form and at the times required by the Dairy Board. Records to be maintained 35(1) A processor must maintain books, records and accounts, including milk sold and setting out clearly how the processor s business pursuant to the Act and this Regulation is carried out. (2) A processor must maintain a record of all milk transferred to any branch of that processor or to any plant. (3) A processor must keep at his place of business complete records of his daily sales. Invoices 36(1) For every sale of milk to a wholesale account the processor must provide an invoice that includes (a) the name of the processor; (b) the name of the person making the delivery; (c) the name of the purchaser and address to which the delivery is made;