Alberta Turkey Marketing Regulation (Alta. Reg. 113/1998)

Alta. Reg. 113/1998

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 113/1998 With amendments up to and including Alberta Regulation 103/2026 Current as of May 14, 2026 MARKETING OF AGRICULTURAL PRODUCTS ACT ALBERTA TURKEY MARKETING REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 103/2026) ALBERTA REGULATION 113/98 Marketing of Agricultural Products Act ALBERTA TURKEY MARKETING REGULATION Table of Contents 1

Definitions 2 Powers of the Board 3 Licence 4 Application for licence 5 Issue, renewal or refusal of licence 6 Suspension or cancellation of licence 7 Duty to keep records 8 Duty to provide forms to Board 9 Deemed production, etc. 1 0 Service charge 1 1 Use of money 1 2 Quota 12.1 Base quota increases or decreases 1 4 Transfer, etc. of quota 1 5 Lease of production facility 1 6 Lease of quota 1 7 Disposition of production facility 1 8 Transfer of base quota wi thout production facilities 1 9 Assignment of quota 2 0 Reduction or cancellation of base quota 2 1 Financial interest in production facility 2 2 Authority of Board 22.1 Appointment of attorney 2 3 Permit 2 4 Marketing contraventions 2 5 Exports 2 6 Marketing as an e xempted person 2 7 General prohibitions 3 1 E x p i r y

Definitions 1(1) In this Regulation,

Section 1 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 2 (a) “Act” means the Marketing of Agricultural Products Act; (

b) repealed AR 30/2022 s2; (c) “Board” means the Alberta Turkey Producers; (d),(e),(f),(

g) repealed AR 30/2022 s2; (g.1) repealed AR 135/2015 s2; (h) “hatchery operator” means a person who holds a licence authorizing that person to distribute, import, export and sell turkey poults to a producer; (i) “heavy breed” means a cate gory of turkey classified by the Board as a heavy breed under the Turkey Producers Plan Regulation (AR 259/97); (j) “light breed” means a categor y of turkey classified by the Board as a light breed under the Turkey Producers Plan Regulation (AR 259/97); (k) “mature” means a category of turkey classified by the Board as mature under the Turkey Producers Plan Regulation (AR 259/97); (k.1) “On-Farm Program” means (

i) the on-farm food safety program as approved or varied from time to time by the Canadian Food Inspection Agency, (ii) the Flock Care Program as approved or varied from time to time by the Turkey Farmers of Canada, or (iii) any other program direct ed towards food safety or flock care as approved by the Board; (l),(m),(

n) repealed AR 30/2022 s2; (o) “Plan” means the Turkey Producers Plan under the Turkey Producers Plan Regulation; (p),(q),(r),(s),(s.1),(

t) repealed AR 30/2022 s2.

(2) Words not defined in this Regulation but that are used in this Regulation and that are defined in the Plan have the same meaning as defined in the Plan. AR 113/98 s1;127/2003;102/2013;135/2015;30/2022

Section 2 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 3 Powers of the Board 2(1) The Board may (

a) issue or renew a licence; (

b) refuse to issue or renew a licence; (

c) suspend or cancel a licence; (

d) issue a permit; (

e) allocate, transfer, red uce or cancel a quota; (

f) determine the quota that may be marketed by producers in a calendar year or a period and provide for periodic production; (

g) set minimum prices to be paid to producers for any category of turkey; (

h) assess, charge and collect s ervice charges, licence fees and levies; (

i) ensure a continuous supp ly of turkeys in Alberta; (

j) take any action necessary t o give effect to this Regulation.

(2) The Board may set the amount of licence fees for the purposes of the Plan, including application fees for licenses, permits and quota leases, fees relating to periodic production quota allocation, year-end quota lease fees, audit fees relating to On-Farm Programs, transfer fees or other fees provided for in this Regulation. AR 113/98 s2;276/2002;30/2022 Licence 3(1) Subject to subsection (2), no person may engage in the hatching, producing, processing or marketing of turkeys unless that person is the holder of a licence authorizing that activity.

(2) This Regulation does not apply to a person who produces turkeys if (

a) the person is ordinarily resident on the land on which the production facility in which the turkeys are produced is situated, (

b) the person produces not more than 300 turkeys in a calendar year on the land on which the person is ordinarily resident, and (

c) the turkeys are

Section 4 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 4 (

i) consumed or intended to be consumed by the person or the person’s family, including the person’s adult interdependent partner, or (ii) sold or intended to be sold to consumers by the person (

A) from the land referred to in clause (a), (

B) from land that is adjacen t to the land referred to in clause (a), or (

C) from a stall at a public market. AR 113/98 s3;127/2003 Application for licence 4(1) A person may apply to the Board for one or more of the following licences: (

a) a licence to operate as a hatchery operator; (

b) a licence to ope rate as a producer; (

c) a licence to operate as a processor.

(2) A person who engages in the hatching or processing, or both, of turkeys shall obtain a licence for each hatching facility or processing plant so operated.

(3) A person who operates more than one of the following shall obtain a licence for each operation the person operates: (

a) a hatching facility; (

b) a production facility; (

c) a processing plant.

(4) A licence expires on December 31 of the year in which it is issued.

(5) A licence is not transferable.

(6) The holder of a licence shall comply with any directions given from time to time by the Board relating to the activity authorized by the licence. AR 113/1998 s4;30/2022 Issue, renewal or refusal of licence 5(1) The Board shall consider each application for a licence.

Section 6 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 5

(2) Subject to subsection (4), the Board shall issue a licence and shall record the name of the licence holder in a register kept for that purpose.

(3) Subject to subsection (4), the Board shall annually before January 1 renew a licence issued under subsection (2).

(4) The Board may refuse to issue or renew a licence if the applicant (

a) lacks, in the Board’s opinion, the experience, equipment or financial responsibility to properly engage in the activity to which the application relates, (

b) contravenes the Act, the Plan, this Regulation or an order or direction of the Council or the Board, (

c) fails to comply with the requirements of an On-Farm Program, or (

d) has outstanding invoices owing to the Board exceeding 60 days past due.

(5) The Board shall serve on the applicant a copy of its decision under this section. AR 113/98 s5;102/2013;135/2015;30/2022 Suspension or cancellation of licence 6(1) The Board may suspend or cancel a licence for any reason the Board considers appropriate.

(2) If the Board suspends or cancels a licence, it shall forthwith give notice to the person to whom the licence was issued of the suspension or cancellation.

(3) If the Board suspends or cancels a licence, the person to whom the licence was issued (

a) shall, on receiving noti ce of the suspension or cancellation, immediately cease engaging in the activity that was authorized by the licence, and (

b) may apply to the Board for an order staying the suspension or cancellation pending the determination of an appeal under

Part 5 of the Act.

(4) Notwithstanding subsection (3)(a), where the Board is of the opinion that a producer has failed to comply with any of the requirements of the On-Farm Program, the Board may choose not to suspend that producer’s quota if the producer leases or has leased the producer’s quota to another producer.

Section 7 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 6

(5) Notwithstanding subsection (3)(

a) but subject to specific direction from the Board, the person whose licence has been suspended or cancelled may continue to market any turkeys in that person’s possession at the time of the suspension or cancellation so long as no further acquisition or placement of turkeys or turkey poults is made. AR 113/98 s6;276/2002;102/2013;135/2015;30/2022 Duty to keep records 7(1) The holder of a licence shall maintain a complete and accurate record of all matters relating to the activity authorized by the licence, including any of the following records that are pertinent to the activity authorized by the licence: (

a) records of the placement of turkey poults by a hatchery operator or producer, including the number of turkey poults placed; (

b) invoices showing the number of turkey poults purchased by a producer; (

c) transportation records; (

d) processor receiving records; (

e) producer payment records; (

f) grading, trimming or other processing records; (

g) records relating to the producer’s compliance with the requirements of the On-Farm Program.

(2) The holder of a licence shall retain the records required to be kept under subsection (1) for not less than one calendar year following the calendar year to which the records relate.

(3) A producer shall maintain complete and accurate mortality records for each flock of turkeys produced.

(4) A producer shall retain mortality records for at least 12 months after shipment of the flock to which the records relate.

(5) The holder of a licence shall make available to the Board or a duly authorized representative of the Board during ordinary business hours the records maintained in accordance with this section.

Section 8 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 7

(6) The holder of a licence shall on the request of the Board forthwith provide any additional information the Board requires with respect to any records kept or required to be kept under this section. AR 113/98 s7;276/2002;102/2013;135/2015;30/2022 Duty to provide forms to Board 8(1) A hatchery operator, or a producer who receives turkey poults from outside Alberta, shall prepare at the end of each week a form prescribed by the Board and shall forward the form to the Board in time to reach the Board office not later than Wednesday of the week following the week in which a delivery or receipt of turkey poults occurred.

(2) A processor shall prepare at the end of each week in which turkeys are purchased a form prescribed by the Board and shall forward the form to the Board in time to reach the Board office not later than Wednesday of the week following the week in which a purchase of turkeys occurred.

(3) A processor shall file with the Board, on receiving a request by the Board to do so, an estimate of the weight of turkeys the processor requires for the period specified by the Board.

(4) A producer who markets turkeys to persons other than licensed processors shall (

a) prepare at the end of eac h week in which turkeys were marketed a record of the marketing by completing a form prescribed by the Board, and (

b) forward the completed form to the Board so that the form will be received by the Board not later than Wednesday of the week following the week in which the turkeys were marketed.

(5) Where turkeys are processed on a fee for service basis by a processor, the processor shall (

a) ensure that a record of the processing is recorded by means of completing a form prescribed by the Board, and (

b) forward the completed form to the Board so that the form will be received by the Board within 15 days from the day that the turkeys were processed. AR 113/1998 s8;30/2022

Section 9 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 8 Deemed production, etc. 9(1) If records are not available to the Board with respect to a producer, the producer is deemed (

a) to have produced the same number of turkeys as there were turkey poults delivered to the producer, and (

b) to have marketed all the turkey poults delivered to the producer within 6 months of the delivery.

(2) The weight of the turkeys deemed to have been produced pursuant to subsection (1)(

a) is deemed to equal the average industry weight of the category of turkeys marketed in the province during the previous calendar year multiplied by the current number of turkey poults delivered to the producer.

(3) The deemed weight of the turkeys that are deemed to have been marketed under this

section may, at the discretion of the Board, be adjusted to reflect the age of the turkeys. Service charge 10(1) A processor who purchases turkeys from a producer shall (

a) deduct from the purchase pr ice payable to the producer a service charge in the amount set by the Board in an order under subsection (4), and (

b) forward to the Board th e service charge, with an accounting for the service charge on a form prescribed by the Board, in time to reach the Board office not later than Wednesday of the week following the week in which the service charge was deducted.

(2) A producer who processes turkeys shall (

a) pay to the Board a service charge in the amount set by the Board in an order under subsection (4), and (

b) forward to the Board th e service charge, with an accounting for the service charge, in time to reach the Board office not later than (

i) Wednesday of the week following the week in which the turkeys are processed, or (ii) if the turkeys are deem ed to have been produced and marketed under

section 9, 30 days from the receipt of the service charge invoice.

Section 11 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 9

(3) Interest at the rate prescribed by the Board in an order under subsection (4) is payable on unpaid service charges.

(4) The Board shall, by order, from time to time prescribe (

a) the amount of the service charge for the purposes of subsections (1) and (2), which must be an amount per kilogram of live weight of turkey purchased or processed, as the case may be, and (

b) the interest rate for the purposes of subsection (3).

(5) Repealed AR 30/2022 s8. AR 113/98 s10;96/99;81/2002;276/2002;30/2022;103/2026 Use of money 11 The Board may use service charges and other money paid to it for the purpose of paying the expenses of the Board and administering the Plan, this Regulation and the bylaws. AR 113/98 s11;103/2026 Quota 12(1) The Board may establish a separate quota allocation for each category of turkey and may establish a periodic quota to provide for production of any category of turkey in a period.

(2) If the Board wishes to vary the production of a category of turkey to accommodate anticipated demand for a calendar year or a period, the Board may vary the percentage of quota for that category for the calendar year or the period.

(3) The Board may direct producers who have been allocated quotas to market part or all of their quotas at different weights specified by the Board or in different periods specified by the Board, or both.

(4) A producer’s base quota must not be reduced as a result of a direction given by the Board pursuant to subsection (3).

(4.1) The Board may direct producers who have been allocated quotas to market part or all of their quotas to specific processors.

(4.2) If the Board directs producers to market part or all of their quotas to specific processors under subsection (4.1), the Board must establish rules, procedures and policies respecting the Board’s directions to producers under subsection (4.1) and must review the rules, procedures and policies established under this subsection annually.

Section 12.1 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 10 (5) to

(10) Repealed AR 276/2002 s6. AR 113/98 s12;276/2002;51/2008 Base quota increases or decreases 12.1 When the Board considers that general marketing conditions warrant a permanent increase or decrease in base quota, the increase or decrease must be allocated by the Board in accordance with Council and Board policy. AR 276/2002 s7;102/2013;30/2022 13 Repealed AR 276/2002 s8. Transfer, etc. of quota 14(1) In this section, “legal representative” means (

a) the executor, administrator or trustee of the estate of a deceased producer, or (

b) the guardian of the estate of a minor.

(2) A base quota may be allocated or transferred only to (

a) a Canadian citizen or a person lawfully admitted into Canada for permanent residence, (

b) subject to subsection (3), a corporation in which the majority of the shares are owned by Canadian citizens or persons lawfully admitted into Canada for permanent residence, or (

c) subject to subsection (3) , a partnership in which the majority of the partners with beneficial interests are Canadian citizens or persons lawfully admitted into Canada for permanent residence.

(3) The Board may exempt a corporation or partnership from the requirements of subsection (2)(

b) or (

c) if, in the opinion of the Board, extenuating circumstances exist that warrant the Board making the exemption.

(4) Where a producer who holds base quota is unable to carry on the producer’s agricultural operation due to mental or physical infirmity and (

a) a trustee is appointed under the Dependent Adults Act or other legislation, or (

b) an attorney is appointed by the producer pursuant to a power of attorney or an enduring power of attorney,

Section 14 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 11 the trustee or attorney may act on the producer’s behalf in carrying out all the production and marketing of the producer’s turkeys if the trustee or attorney (

c) files an application with the Board showing proof that the person is the producer’s trustee or attorney, and (

d) satisfies the Board that the trustee or attorney (

i) has the experience, equipment and financial responsibility to properly engage in the production and marketing of turkeys, and (ii) has not contravened the Act, the Plan, this Regulation or an order or direction of the Council or the Board.

(5) When a producer holds base quota at the time of the producer’s death, that producer’s legal representative is entitled to act on the deceased producer’s behalf in carrying out all production and marketing for the marketing period in which the producer died or for such longer period as may be approved by the Board.

(6) Where a producer holds base quota at the time of the producer’s death and the ownership of the production facility becomes vested in one or more persons by virtue of a joint tenancy or a will, intestacy or a court order, the Board may transfer the base quota to that person or those persons on (

a) proof being filed with the Board showing ownership of the production facility and the means by which ownership was acquired, and (

b) the Board’s being satisfied that the person or persons (

i) have the experience, e quipment and financial responsibility to properly engage in the production and marketing of turkeys, and (ii) have not contravened the Act, the Plan, this Regulation or an order or direction of the Council or the Board.

(7) Where the person who acquires ownership of a deceased producer’s production facility by virtue of a joint tenancy or a will, intestacy or a court order is a minor, the legal representative of the minor may carry on all the production and marketing of turkeys on behalf of the minor until the minor reaches the age of 18 years, or such further time as prescribed by the Board, on

Section 14 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 12 (

a) an application being filed with the Board showing proof that the person is the minor’s legal representative, and (

b) satisfying the Board th at the legal representative (

i) has the experience, equipment and financial responsibility to properly engage in the production and marketing of turkeys, and (ii) has not contravened the Act, the Plan, this Regulation or an order or direction of the Council or the Board. (8),

(9) Repealed AR 1/2004 s2.

(10) For the purpose of determining a person’s base quota holdings the following applies: (

a) an individual’s total base quota holding is the sum of (

i) the base quota held by that individual, (ii) the proportionate share of any base quota in which that individual has an ownership interest through a corporation, a partnership or another unincorporated organization or group of individuals, and (iii) any base quota in which the individual has an ownership interest as a lessee of quota; (

b) the total base quota holding of a corporation, a partnersh ip or another unincorporated organization or group of individuals is the sum of (

i) the base quota held by that corporation, partnership, unincorporated organization or group of individuals, (ii) the proportionate share of any base quota that the corporation, partnership, unincorporated organization or group of individuals holds through an ownership interest in another corporation, partnership, unincorporated organization or group of individuals, and (iii) any base quota in which t he corporation, partnership, unincorporated organization or group of individuals has an ownership interest as a lessee of quota; (

c) in determining an individua l’s total base quota holding, the individual’s ownership interest in the following shall be disregarded:

Section 15 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 13 (

i) a publicly traded company listed on a recognized stock exchange; (ii) a co-operative that h as more than 100 members.

(11) The Board may allocate quota to a producer as part of an interprovincial quota transfer policy. (12),

(13) Repealed AR 1/2004 s4.

(14) Unless otherwise permitted by the Board, a producer to whom base quota is allocated or transferred under this Regulation must commence production of turkeys within 12 months after the date on which the base quota is allocated or transferred.

(15) No producer may buy, sell, lease or assign all or any part of a quota or a base quota allocated to the producer without the prior written approval of the Board. AR 113/98 s14;276/2002;1/2004 Lease of production facility 15(1) If a producer intends to lease a production facility in respect of which a base quota has been allocated and the proposed lessee wishes to market turkeys, the producer shall apply to the Board for approval of the proposed lease.

(2) An application under subsection (1) must be made prior to the commencement of the lease.

(3) If the Board approves a lease of a production facility under this section, the base quota allocated to the production facility remains registered in the name of the lessor.

(4) The lessee under a lease that is approved by the Board under this

section may produce and market turkeys under the authority of the base quota allocated to the lessor.

(5) Repealed AR 276/2002 s10. (6),

(7) Repealed AR 1/2004 s4. AR 113/98 s15;276/2002;1/2004 Lease of quota 16(1) A producer, with the prior authorization of the Board, may lease all or part of the producer’s quota to another producer.

(2) An application to lease quota must (

a) be made by the proposed lessor,

Section 17 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 14 (

b) be endorsed by the proposed lessee, (

c) be in the form and contain the information required by the Board, and (

d) be accompanied by a fee in the amount set by the Board.

(3) If the Board grants the authorization, it may make the authorization subject to any terms and conditions it considers appropriate.

(4) The Board may not grant an authorization if (

a) the proposed lessor or the proposed lessee has outstanding indebtedness with the Board for service charges or over-marketing penalties, (a.1) the proposed lessee has not complied with the requirements of an On-Farm Program, (

b) repealed AR 1/2004 s4, (

c) the proposed lessee lacks , in the Board’s opinion, the experience, equipment and financial responsibility to properly engage in the production and marketing of turkeys, or (

d) the proposed lessee has contravened the Act, the Plan, any regulation made under the Act or an order or direction of the Council or the Board. AR 113/98 s16;276/2002;1/2004;86/2008;102/2013; 135/2015;30/2022 Disposition of production facility 17(1) This

section applies only to the disposition of production facilities in respect of which a base quota has been allocated.

(2) If a producer intends to sell or assign a production facility in respect of which a base quota has been allocated and the proposed purchaser or assignee wishes to market turkeys, the Board may cancel the base quota of the producer and allocate to the proposed purchaser or assignee a base quota in respect of the production facility.

(3) An application to the Board for a transfer of a base quota under this

section must be made prior to the completion of the sale or assignment of the production facility but, if approved, the new base quota does not take effect and the old base quota may not be cancelled until the completion of the transaction and the filing of any proof of the completion of the transaction that the Board requires.

Section 18 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 15

(4) An application under subsection (3) must be made by the producer who is selling or assigning the production facility and must be accompanied by a transfer fee of $100.

(5) Notwithstanding subsection (4), if there is no change in the beneficial ownership of a production facility in respect of which a base quota has been allocated or if the application is for a transfer of a production facility within a family, including an adult interdependent partner of a person, no transfer fee is payable. AR 113/98 s17;276/2002;127/2003 Transfer of base quota without production facilities 18(1) This

section applies only to the transfer of base quota without the transfer of the production facilities in respect of which the base quota has been allocated.

(2) Where (

a) a producer owns production facilities in respect of which base quota has been allocated, and (

b) the producer wishes, without transferring those production facilities, to transfer that base quota or a part of that base quota to another person, the producer may apply to the Board to allocate to the proposed transferee the amount of base quota that the producer wishes to transfer and to accordingly reduce the amount of base quota that will be held by the producer following the transfer.

(3) Where a producer wishes to make an application to the Board under subsection (2), the producer must provide to the Board, at least 7 days prior to the meeting of the Board at which the application is to be considered, a completed application and declaration that is satisfactory to the Board.

(4) The Board shall not approve a transfer of base quota under this

section in the following circumstances: (a), (

b) repealed AR 1/2004 s4; (

c) if, in the opinion of the B oard, the transferee will not have at the time that the proposed transfer takes place the experience, equipment and financial responsibility to properly engage in the production and marketing of turkeys; (

d) if the transferee has contr avened the Act, the Plan, any regulation made under the Act or any order or direction of the Council or the Board;

Section 19 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 16 (

e) if the transferee or tr ansferor has an outstanding indebtedness with the Board for service charges or over-marketing penalties.

(5) If the Board is satisfied that a proposed transfer of quota under this

section complies with the requirements of this section, the Board shall approve the application subject to the following conditions being complied with prior to the transfer taking place: (

a) that the transferee has co mpleted and delivered to the Board a declaration that is satisfactory to the Board; (

b) that the transferee has acquired the beneficial ownership of a production facility that, in the opinion of the Board, is suitable for the production of turkeys; (

c) that the transferee has filed with the Board a copy of the certificate of title to the production facilities that shows (

i) the current status of the certificate of title, and (ii) that the transf eree of the quota is the sole beneficial owner of the production facility; (

d) that the transf eree has provided to the Board the written consent referred to in

section 21(4); (

e) that the transferee has paid to the Board a transfer fee of $100.

(6) When the Board is satisfied that the requirements of this

section have been met, and the conditions described to in subsection (5) have been complied with, the Board shall (

a) amend the base quota allo cated to the producer who is the transferor so as to reduce it to reflect the amount of base quota that was transferred to the transferee, and (

b) allocate to the transferee the amount of base quota that was transferred from the transferor. AR 113/98 s18;1/2004 Assignment of quota 19(1) Where an individual or individuals who own production facilities wish to carry on the marketing of turkeys through a corporation, the Board may transfer the base quota held by the individual or individuals to the corporation if (

a) all of the shares of the corporation are held by the individual or individuals who own the production facilities, and

Section 20 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 17 (

b) the individual or individuals and the corporation apply jointly to the Board for the transfer.

(2) Where a corporation that owns production facilities wishes to carry on the marketing of turkeys through an individual or individuals, the Board may transfer the base quota held by the corporation to the individual or individuals if (

a) all of the shares of the corporation are held by the individual or individuals to whom the quota is to be transferred, and (

b) the corporation and the individuals apply jointly to the Board for the transfer.

(3) A transfer under this

section is conditional on the individual or individuals remaining the only shareholders in the corporation.

(4) A transfer under this

section does not affect the right of a mortgagee to register an interest under

section 21 or to acquire an interest in base quota under

section 22. Reduction or cancellation of base quota 20(1) The Board may reduce or cancel a quota if the producer to whom it is allocated (

a) fails for 2 successive year s or more to market at least 90% of the producer’s quota, (

b) contravenes the Act, this Regulation or an order or direction of the Council or the Board, (

c) has not used or has voluntarily given up all or part of th e producer’s quota, (

d) has had their licence to p roduce turkeys suspended or cancelled, (

e) has made an application unde r

section 17 for a transfer of the quota, (

f) has sold, leased or otherwise assigned the premises on which the production facilities exist, (

g) has, in the case of a leas e of premises on which the production facilities exist, ceased to hold a leasehold interest in the premises, or (

h) has not received the approval of the Board for a change in the ownership of production facilities.

Section 21 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 18

(2) The Board may reduce a quota allocated to a corporation or partnership if there is a change in the beneficial ownership of any of the shares of the corporation or the interests in the partnership, unless prior approval to the change has been given in writing by the Board. AR 113/98 s20;30/2022;103/2026 Financial interest in production facility 21(1) Any person who has a financial interest by means of a mortgage in a production facility in respect of which a base quota has been allocated may register that interest with the Board in the manner the Board prescribes.

(2) Where a mortgagee registers an interest with the Board under subsection (1), that mortgagee shall at the same time, in a form that is satisfactory to the Board, also register with the Board a written acknowledgment by the producer of the mortgagee’s financial interest in the production facility.

(3) If an interest is registered under subsection (1), the Board shall (

a) immediately notify the prod ucer in whose name the quota is allocated of the registration, and (

b) notify the mortgagee of any application to transfer all or any part of the quota to which the registration applies.

(4) The Board shall not approve the transfer of any quota in respect of which an interest is registered under subsection (1) unless the mortgagee has given written consent to the transfer. Authority of Board 22(1) If a mortgagee becomes the legal or equitable owner of a production facility due to a judicial or extra-judicial enforcement of the mortgage, the Board may in its discretion (

a) set the base quota aside fo r 2 years or allocate part or all of the base quota to a person who purchases the production facility from the mortgagee, if the Board is satisfied that the purchaser is or intends to become a producer, or (

b) allocate the base quota to th e mortgagee, if the Board is satisfied that the mortgagee intends to become a producer.

(2) If a base quota has not been allocated to a production facility within the time set out in subsection (1)(a), the Board may (

a) cancel the b ase quota, or

Section 22.1 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 19 (

b) extend the time set out in subsection (1)(a). Appointment of attorney 22.1(1) Subject to subsections (3) and (4), a person who has loaned money to a producer may apply to the Board to register an appointment of attorney.

(2) An appointment of attorney must be in a manner satisfactory to the Board.

(3) Only one appointment of attorney may be registered in respect of a producer.

(4) The Board shall not register an appointment of attorney if there is a financial interest under

section 21 registered in respect of the production facilities of that producer.

(5) The Board shall not register an appointment of attorney unless it is signed by the producer that is affected by it.

(6) An appointment of attorney is only effective from the date the Board acknowledges in writing that it is registered.

(7) If the Board has acknowledged registration of the appointment of attorney, the Board shall not approve an application for (

a) the cancellation and reallo cation of the quota specified in the appointment of attorney, (

b) the lease of the quota specified in the appointment of attorney, or (

c) the transfer of an ownership interest in the quota specifi ed in the appointment of attorney, unless the person appointed as the attorney signs the application. AR 89/2000 s2 Permit 23 The Board may issue to a producer a permit authorizing the producer to market the weight and category of turkey specified on the permit during the period specified on the permit. Marketing contraventions 24(1) No person shall market turkeys or purchase turkey poults under this Regulation unless, in addition to holding a licence for that purpose, the person

Section 24 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 20 (

a) holds a base quota or a permit under

section 23, or both, or (

b) is operating as a le ssee under

section 15 or 16.

(2) No producer shall market turkeys in excess of (

a) the total quota allocated t o the producer, or to the lessor in the case of a producer operating as a lessee under

section 15, or (

b) the permit, if any, issued to the producer.

(3) If a producer markets turkeys in contravention of subsection (2), the following applies: (

a) the Board may reduce the weight of turkeys that the producer may subsequently market pursuant to the producer’s quota or permit by an amount equal to the weight of the excess marketed, without permanently reducing the base quota; (

b) the producer shall pay to the Board a levy of $.40 per kilogram of live weight on the excess marketed that exceeds the applicable permit or quota, as adjusted by the Board from time to time pursuant to subsection (3.1).

(3.1) The Board may adjust the amount of the levy under subsection (3)(

b) to reflect any changes to the amount of related levies collected by the Turkey Farmers of Canada in respect of Alberta producers.

(4) For the purposes of this section, a producer is deemed (

a) to have produced the same number of turkeys as there were turkey poults delivered to the producer, and (

b) to have marketed all the turkey poults delivered to the producer within 6 months of the delivery.

(5) The weight of the turkeys deemed to have been produced pursuant to subsection (4)(

a) is deemed to equal the average industry weight of the category of turkeys marketed in the province during the previous calendar year multiplied by the current number of turkey poults delivered to the producer.

(6) The deemed weight of the turkeys that are deemed to have been marketed under this

section may, at the discretion of the Board, be adjusted to reflect the age of the turkeys.

Section 25 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 21

(7) In determining for the purposes of subsection (4) the deemed weight of turkeys marketed, the Board may adjust the deemed weight of those turkeys to reflect the age of the turkeys marketed.

(8) A producer shall forward a levy under subsection (3) to the Board office not later than 30 days after the receipt of a levy notice from the Board, unless the Board agrees to an alternate payment arrangement.

(9) Interest at the rate of 12% per year is payable on unpaid levies under this section.

(10) A levy under this section, together with unpaid interest, is a debt due to the Board and may be recovered by the Board by civil action for debt.

(11) The collection from a producer of a levy under this

section or a service charge under

section 10 shall not be considered as an acceptance, acquiescence or acknowledgment by the Board of that producer’s production.

(12) The Board may establish a sleeve whereby a percentage of the year end over-marketing monetary levy would be exempt from the levy that is provided for under subsection (3)(b). AR 113/98 s24;276/2002;30/2022 Exports 25(1) This

section applies (

a) to producers who export or intend to export turkey to locations outside Canada prior to or after the turkey is processed, and (

b) to processors who process that turkey prior to export. (2) to

(4) Repealed AR 102/2013 s8.

(5) If a processor processes turkey that is intended for export, the processor shall, within 14 days from the day that the turkey is to be exported, forward the following information to the Board: (

a) the exporter’s invoice; (

b) the product description; (

c) an export d eclaration form; (

d) the farm weight slips; (

e) the plant live weight slips;

Section 26 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 22 (

f) a certificate of condemnation; (

g) the bills of lading; (

h) a health of animals certificate; (

i) any other information which may be required by the Board or the Canadian Turkey Marketing Agency.

(6) Where the producer and the processor comply with this section, the Board shall issue export credits to them in respect of the exported turkeys.

(7) Repealed AR 102/2013 s8.

(8) Where a producer produces turkeys for export and (

a) those turkeys or a portion of them are not exported, or (

b) those turkeys or a portion of them do not qualify for export credits, the amount of turkeys not exported or that do not qualify for export credits shall be applied against that producer’s base quota. AR 113/98 s25;276/2002;102/2013 Marketing as an exempted person 26(1) No producer shall in a calendar year market the weight of turkeys the producer is authorized to market pursuant to the producer’s quota or permit, if any, and also market an additional number of turkeys in the manner described under

section 3(2).

(2) If a producer markets turkeys in contravention of subsection (1), the Board shall reduce the weight of turkeys the producer may subsequently market pursuant to the producer’s quota or a permit by an amount equal to the weight or number of turkeys marketed in contravention of subsection (1). General prohibitions 27(1) No processor may purchase turkeys from any person other than a producer or a processor.

(2) No processor, unless specifically authorized by the Board to do so, shall sell or offer for sale any turkey that is not in a processed form. (3) Subsection (2) does not apply to live turkeys sold for kosher or halal slaughter.

Section 31 AR 113/98 ALBERTA TURKEY MARKETING REGULATION 23

(4) No person shall market turkeys at a price that is less than the minimum price established by the Board.

(5) No hatchery operator shall, in a calendar year, sell or give more than 300 turkey poults to a person referred to in

section 3(2).

(6) No processor shall in a calendar year custom kill more than 300 turkeys for any person other than a producer.

(7) On being advised by the Board that pursuant to

section 24 the Board has reduced the weight of turkey that a producer is allowed to market, no processor shall in respect of that producer market any turkey in excess of the reduced weight of turkey, if any, that the producer is authorized to market unless the processor first obtains written permission from the Board to market that turkey. AR 113/98 s27;30/2022 28 Repealed AR 102/2013 s9. 29 Repealed AR 102/2013 s10. 30 Repealed AR 102/2013 s11.

Expiry 31 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2033. AR 113/98 s31;276/2002;86/2008;102/2013;156/2018; 103/2019;96/2021;30/2022;103/2026

Printed on Recycled Paper *9780779862313*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 113/1998
Type	regulation
Volume / chapter	1998 113
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	5fda9ec1c7165540b38bfeb5ad8cd6a0cccf4d4f

Source file is stored in the law ingest library (pdf).