Aiming for Fairness in Grain Marketing

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Alberta Regulation 105/2023, enacted under the Marketing of Agricultural Products Act, provides the operational framework for the Alberta Grains Commission. This regulation plays a role in managing the marketing and sale of regulated grains, specifically barley and wheat.

The regulation defines “Plan” as the Alberta Grains Plan Regulation (AR 102/2023). This section establishes that any terms defined in the Plan carry the same meaning within the regulation. Producers of regulated products are required to pay service charges to the Commission, specifically set at $1.20 per metric tonne for barley and $1.09 for wheat. While the regulation allows for variations in service charges, any changes must be approved by a majority of eligible producers at a Commission meeting and ratified by the Council.

Dealers are responsible for collecting service charges from producers when they purchase regulated products. They must deduct these charges from the proceeds owed to producers and remit the total to the Commission within 30 days after the month of collection. Producers selling directly to non-dealers must pay the service charge directly to the Commission and provide necessary sales information. Furthermore, producers can request refunds for service charges under specific conditions, requiring proper documentation submitted by designated deadlines. If approved, refunds must be processed within 120 days, highlighting the regulation’s emphasis on transparency and accountability.

The regulation mandates that individuals or entities must obtain a dealer’s license to market regulated products, with exceptions for producers selling their own products. The application process includes submitting required information and adhering to the Commission’s stipulations. Licenses are non-transferable and have specific expiration dates to ensure compliance. The Commission is empowered to refuse, suspend, or cancel dealer licenses for various infractions, which is essential for maintaining the integrity of Alberta’s grain marketing system.

Additionally, dealers must retain records for a minimum of one year and provide these records for inspection upon request from the Commission. This requirement fosters transparency and supports regulatory enforcement. The regulation also stipulates that all collected funds, including service charges and other revenues, must be utilized for the administration and enforcement of the Act and its related regulations, ensuring that the Commission’s financial resources are properly allocated.

Alberta Regulation 105/2023 establishes a legal framework for the marketing of agricultural products, with defined service charges, licensing requirements, and provisions for compliance and enforcement, the regulation aims to create a fair and efficient marketplace for producers and dealers within Alberta’s agricultural sector.

Alberta (105/2023) August 15, 2023