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1 These regulations may be cited as The Elk Development Plan Regulations

Interpretation

2 In these regulations:

(a) "board'' means the board of directors elected, and includes any provisional board appointed to administer the plan until the elected board is in place;

*note* The word "board" will likely have to be changed to "commission", as in section 13.

(b) "buyer" means any person who buys or contracts to buy elk products produced in Canada

(c) "council" means the Agri-Food Council;

(d) "marketing" includes buying, selling, offering for sale, advertising, financing, assembling, shipping, grading, insuring, storing, packing, processing or transporting;

(e) "market development" means to bring about or further the popularity, consumption or general knowledge of elk or to bring into being, strengthen, expand or make available markets for elk products produced in Saskatchewan;

(f) "plan" means the Saskatchewan Elk Development Plan;

(g) "processing" means changing the nature, size, quality or condition of elk products;

(h) "processor" means any person engaged in the business of processing elk products;

(i) "producer" means any of the following:

(i) Any person operating a farm in a Saskatchewan designated area who is engaged in the production and marketing of elk, and includes the employer of any such person;

(ii) A person who, under any lease or agreement, is entitled to a share of the proceeds from their sale;

(iii) a person who takes possession of any elk under any form of security or legal proceeding for a debt;

(j) "provisional board" means the Provisional Board of Directors;

(k) "registered producer" means a producer who is registered with the board and whose registration is in good standing.

3 The Elk Development Plan is hereby established.

4 Subject to any exemptions made by the board, the plan and the orders of the board made pursuant to the plan apply to:

(a) all of Saskatchewan Board designated area, all elk and all grades, classes or varieties of elk products; and

(b) all persons engaged in the production or marketing of elk in Saskatchewan.

5(1) The general purpose and intent of the plan is to provide for the orderly and effective development of the elk industry in the Saskatchewan.

(2) Without limiting the generality of subsection (1), the specific purposes of the plan are:

(a) to promote and develop the elk industry in the Saskatchewan;

(b) to develop procedures to maximize returns to producers of elk;

(c) to encourage the production of a uniform high-quality product;

(d) to gather, compile and distribute information related to the production, consumption and marketing of all elk products including velvet antler and meat;

(e) to conduct or encourage research on the production, marketing, processing and consumption of all elk products including velvet antler and meat;

(f) to promote and improve understanding among individuals and organizations within the elk industry;

(g) to establish a system of levies on elk for the purpose of carrying out the objectives of the plan

Administration of plan

6(1) A board of directors consisting of six (to twelve) registered producers elected in accordance with sections 19 and 16 shall administer the plan.

(2) A Provisional Board of Directors consisting of the persons listed in the Appendix shall administer the plan until a board of directions is elected in accordance with sections 17 and 18.

Powers of board

7 The board is vested with the power:

(a) to require any or all persons engaged in the production or marketing of elk to register with the board;

(b) to collect information relating to the production and marketing of elk from all persons engaged therein; and to require from those persons periodic information in such form as the board may determine;

(c) to use, in carrying out the purposes of the plan and paying the expenses of the board any money levied and received by the board;

(d) to carry out educational and research programs relating to elk and elk products;

(e) to exempt from any order of regulation any person or class of person engaged in the production or marketing of elk or any class, variety or grade thereof;

(f) to draw, make, accept, endorse, execute, issue, hypothecate or assign promissory notes, bills of exchange and other negotiable or transferable instruments;

(g) to purchase, take on lease or in exchange or otherwise acquire real property for the purposes of its business and to sell or otherwise dispose of, or mortgage, real property acquired by the board;

(h) to borrow, raise or secure the payment of money in such manner as the board may think fit for the purpose of carrying out the objectives of the plan;

(i) to make such orders as are deemed by the board necessary or advisable to promote the marketing of elk, and to amend or revoke such orders subject to approval of the council; and

(j) to fix and collect charges for services rendered by the board and penalties from any or all persons producing or marketing elk and elk products; and to recover any such charges penalties or any of them by suit in any court of competent jurisdiction.

Books and records

8(1) The board shall maintain any books and records that may be required for the proper administration of the plan and keep those books and records open for inspection by the council at any reasonable time.

(2) The board shall maintain its head office in Saskatchewan.

(3) The board shall prepare an annual report containing:

(a) a copy of the audited financial statements of the board for its previous fiscal year;

(b) a description of the activities of the board for its previous fiscal year; and

(c) a list of the names and addresses of the members of the board;

and shall submit it to the council and make it available at the annual general meeting and, on request, to any registered producer or buyer.

(4) The registered producers shall appoint an auditor for the board at the annual or at any special meeting of the registered producers, and the auditor shall audit the books and records of the board.

Committee

9 The board may appoint any committees that it considers necessary or desirable for the proper operation of the plan.

10(1) The board shall elect a chairman and vice-chairman from among its members.

(2) The board may appoint or hire a manager and any other staff or agents necessary to carry out the objectives of the plan.

(3) A majority of the board constitutes a quorum at any meeting of the board.

(4) The chairman or, in his absence, the vice-chairman shall preside at all meetings of the board

11(1) The board may open accounts in a bank, credit union or trust corporation in the name of the board and appoint signing officers.

(2) The board may invest any money in its possession or control that is not immediately required for the purpose of its operations in securities approved by the Investment Board established under The Department of Finance Act, 1983 and may sell any securities so acquired by it and reinvest any of the proceeds of those securities in a similar manner.

(3) The fiscal year of the board is the year from January 01 to December 31.

(4) The financial liability of a registered elk producer to the Board/Commission shall be limited to the amount due from him/her in respect to their levies/fees assessed and any other fees for services provided by the Board/Commission.

(5) A registered elk producer shall not hold office, or be entitled to vote at a meeting or give notice to amend these by-laws, if at the time they are in arrears of levies, fees or dues.

(6) he Board of Directors, the Board/Commission or all applicable Federal and Provincial Acts and Regulations shall not be held responsible or be liable in any way for any loss or damage that may be sustained through suspension or expulsion of any Director.

Registration of producers

12(1) Every producer of elk shall register with the board at the time and in the manner required by the board.

(a) Each producer shall register with the board no later than sixty (60) days after the end of the calendar year after the effective date of this order.

(b) Each producer shall supply the following information to the board on an application form provided by the board;

(i) the name under which the producer carries on his business, his mailing address and telephone number; and

(ii) in the case of a partnership, co-operative, corporation, or unincorporated group of individuals with a common production unit, the names of all individuals involved in the production unit, their mailing addresses, and telephone numbers.

(2) The board shall maintain at its head office a register containing the name and mailing address of each producer.

(3) The board shall remove from the register of producers the name of any person who fails to pay any fees and charges required to be paid pursuant to an order of the board or who ceases to be a producer of elk for a period of two consecutive years.

Check-Offs

13(1) Every registered producer engaged in the marketing or production of elk shall pay to the commission, at the times determined by the commission, a check-off calculated in accordance with this section.

(2) The check-off mentioned in subsection (1):

(a) is fixed at a rate of $4.50 per head owned, greater than one year of age, until the first annual general meeting of the commission is held; and

(b) a flat fee of $150 per registered elk producer.

(c) after the period mentioned in clause (a):

(i) subject to subsection (3), is to be determined, by order of the commission, at the annual general meeting of the commission; and

(ii) is to be based on a fixed rate for every head of elk greater than one year of age as of December 31.

(3) Where it is anticipated that the level of check-offs will be determined at an annual general meeting of the commission, the commission shall provide at least 15 days' written notice to producers that the level of check-offs is to be determined at that meeting.

(4) The commission shall make a refund of check-offs pursuant to section (13) of the Act, only where:

a) the producer submits the written request for the refund to the commission:

(i) with respect to check-offs paid between February 1 and July 31 in any year, not later than August 31 of that year; and

(ii) with respect to check-offs paid between August 1 in any year and January 31 in the year next following, not later than February 28 of that year; and

(b) the request has been verified by the commission.

(5) Where the commission receives from a producer a written request in compliance with these regulations for a refund of check-offs:

(a) paid to the commission by the producer between February 1 and July 31 in any year, the commission shall make the refund of those check-offs to the producer not later than October 31 of that year; and

(b) paid to the commission by the producer between August 1 in any year and January 31 in the year next following, the commission shall make the refund of those check-offs to the producer not later than April 30 of that year.

14(1) An annual general meeting of registered producers is required to be held before April 30 in each year at a time and place to be determined by the board.

(2) Special general meetings of registered producers may be called by the board at any time and are required to be called by the board on the written request of 50 or more registered producers.

(3) The quorum at a meeting of registered producers is a majority of registered producers attending but no less than 100 registered producers.

(4) The board shall prepare and submit to the annual general meeting of registered producers:

(a) a proposed budget outlining the collection and expenditure of funds during the next fiscal year; and

(b) an outline of proposed programs and activities for the next fiscal year.

(5) Registered producers may debate and take a poll at meetings on any question or resolution related to the purposes of the Plan.

(6) The remuneration to be paid to the board is to be fixed by the registered producers at the annual meeting.

15(1) Every order issued by the board is required to be signed by the chairman or, in his absence, the vice-chairman, to be open for inspection by any registered elk producer or person designated by the council and to clearly describe the program of policy established by the Order.

(2) The board shall annually review all orders issued by it

(3) Members of the Board/Commission may be interested directly or indirectly, in any contract relating to the operations conducted by the Board/Commission. Written notification must be made to the Board/Commission within thirty(30) days of entering into the aforementioned contract.

Eligible voters

16(1) Every registered producer is eligible to vote for any purpose under the plan and to hold any office on the board.

(2) A registered producer who is a corporation, co-operative, partnership, association, society or person carrying on business under a corporate name, trade name, farm name or other designation is entitled to vote or hold office only through a designated representative appointed in writing and filed with the board at the time of registration.

(3) Except as provided in subsection (2), voting by proxy is prohibited and each registered producer is entitled to one vote.

(4) The following registered producers are disqualified from being a Director or Officer of the Saskatchewan Elk Development Board/Commission:

(a) anyone who is less than 18 years of age;

(b) anyone who has been found to be of unsound mind by a court in Canada or elsewhere;

(c) a person who is not an individual;

(d) a person who has the status of a bankrupt;

(e) a person who is not able to produce proof that he or she can be bonded for insurance purposes;

(f) a person who has been judged guilty of a criminal offence for which he or she has not received a discharge or received a pardon; ( where the criminal offence is, in the opinion of the majority of the Board/Commission, serious enough to warrant disqualification)

17(1) The provisional board shall conduct a vote among registered producers to elect a first board of directors in accordance with the other provisions of this section and section 18.

(2) The provisional board shall call the vote at any time within 18 months after the coming into force of these regulations.

(3) The term of office of each member of the first board of directors commences and ends at the close of the annual general meeting:

(a) in the case of the four registered producers receiving the largest numbers of votes, in the third year following the year in which the election is held;

(b) in the case of the four registered producers receiving the next largest numbers of votes, in the second year following the year in which the election is held; and

(c) in the case of the four registered producers receiving the next largest numbers of votes, in the first year following the year in which the election is held.

Conduct of elections

18(1) The board shall arrange for the conduct of elections, fix a date for receiving nominations and, at least 30 days before the date so fixed, send to each registered producer a notice stating that nominations are being accepted for the board of directors and giving the date fixed for receiving nominations.

(2) The board shall appoint a returning officer and a scrutineer who are neither producers nor employees of the board.

(3) Every nomination is to be in writing, in the form prescribed by the board, signed by three registered producers or their representatives and delivered to the returning officer not later than the date fixed for receiving nominations together with a list of elk owned by the candidate.

(4) If not more than the maximum numbers of candidates are nominated, the candidates nominated are to be declared elected by acclamation.

(5) If more than the required number of candidates are nominated, the board shall, at least 21 days prior to the date fixed for the election, send by prepaid post to each registered producer the ballot, a certificate of eligibility to vote, a plain envelope and a notice of the time by which and the place to which the ballot and certificate of eligibility to vote are to be returned.

(6) All voting is to be by ballot, and the ballot, sealed in the plain envelope provided, is to be returned to the returning officer named by the board either in person or by mail, together with the certificate of eligibility to vote signed by the producer casting the ballot.

(7) Those candidates receiving the most votes, up to the number of director's positions to be filled, are to be declared by the returning officer as directors of the board.

(8) Ties are decided by the drawing of lots.

(9) A registered producer is deemed to have received any notice, nomination paper or ballot which is posted to him at his last address registered with the board, and the failure of any person to receive any such notice, nomination paper or ballot does not invalidate the election.

(10) No qualified voter who votes shall vote for more than the specified number of candidates required to fill the vacancies in order for his ballot to be valid.

(11) If any delay or irregularity occurs in any election, or if any doubt arises as to the validity of the election, the council shall determine who the directors of the board are, fix their terms of office and, if the council considers it advisable, direct the holding of a special directors' election.

19(1) Subject to subsection 17 (3), directors hold office for three years or until their successors are elected.

(2) A director may serve only two full three-year terms, after which he must retire. Retired directors may be a candidate after an absence of one or more terms.

(3) If a vacancy occurs on the board, the remaining directors have authority to appoint a registered producer to fill the vacancy until the next election.

Coming into force

20 These regulations come into force on the day on which they are filed with the Registrar of Regulation

APPENDIX
(Section 6)

Members of Provisional Board of Directors

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