2007 Election Procedures for Manitoba Canola Growers Association Elections

1. Eligible Candidate: Is a “member” of the Association, as defined in its governing documents, who has been nominated by six (6) other “members” of the Association and whose nomination has been submitted to the Manitoba Canola Growers Association (MCGA) office by 4:30 p.m., October 31, 2007.
2. Candidates will be notified within 1 working day after receipt of their nomination, of their eligibility status.
3. Persons entitled to vote – All members as defined under the Bylaws are entitled to a vote.  The membership list  includes all individuals and corporations;
   1.  that have paid their membership fees  under the check-off pursuant to The Agricultural Producers Organization Funding Act,
   2. whose check-off MCGA has received  between September 30th of 2005 and  September 30th of 2007,
   3. who have not asked for a refund of check-off or who have asked for a refund and MCGA has subsequently received a contribution to check-off for at least one year.

   September 30, 2007 shall be the record date set for eligibility for balloting.

   If an  member has paid a check-off via more than one entity or Wheat Board number the following rule will apply.

   Each member shall be entitled to one vote for each individual or corporation that has paid the membership fee by automatic check-off pursuant to the Act, notwithstanding that the member may be a partnership of two or more persons or a corporation with more than one shareholder or a joint venture with two or more persons.

4. Voting Instructions:
   1. Mark a clearly identifiable  “X”  on the voting paper opposite the name of each candidate for whom the member desires to vote;
   2. May vote for a maximum of four candidates (a vote for fewer candidates is a valid vote);
   3. Place the completed ballot into the official, postage paid, return envelope provided, and mail to Meyers Norris Penny LLP (MNP) at 500 – 1661 Portage Avenue, Winnipeg, Manitoba R3J-3T7;
   4. Completed ballots must be received by MNP by 5:00 pm on December 10, 2007. MNP will destroy any ballots received after this deadline
   5. Any voting paper that is not marked or dealt with in accordance with the foregoing procedure is INVALID and will be declared invalid by the Returning Officer.
5. Ballots with voting instructions will be mailed to members by November 15, 2007, based on the membership list current  to September 30, 2007,  in accordance with the bylaws.
6. The scanning and counting of the ballots will commence at 9:00 a.m., December 11, 2007 at the office of Meyers Norris Penny LLP at 500 – 1661 Portage Avenue, Winnipeg, Manitoba, R3J-3T7
7. A list of members – as of September 30, 2007 (with subsequent updates if required) – shall be used for authentication of the ballot envelopes.
8. Each candidate may have one observer present on tabulation day at his or her own expense, as an observer only. A CANDIDATE MAY NOT BE AN OBSERVER. Candidates will be sent an observer appointment form and instructions.  Candidates must sign the observer appointment form and must notify the Returning Officer (by phone, fax or e-mail) by 4:30 p.m. December 7, 2007 of their intention to have an observer present.  The observer must present the original copy of the Observer Appointment Form to MNP upon arrival on December 11, 2007.  No observer will be allowed to touch the envelopes containing the ballots or the ballots themselves, or disrupt the count.  Any observer who is being disruptive shall be required to leave the tabulation site by the Returning Officer whose decision will be final. If observers object to any procedures or decision, their objection and the grounds for same shall be noted by the Returning Officer on a separate sheet and this sheet shall be sealed in a receptacle with the voter lists.
9. The Official Scrutineer will be Michael Radcliffe, a partner of MNP.  The official Returning Officer will be Ian Craven, a partner with MNP.
10. Ballot Authentication and Ballot Tabulation will be administered by MNP.
11. If the scrutinizing and tabulation cannot be completed in one day, it may continue on subsequent days, as determined by the Returning Officer.
12. In the event of a dispute, the Official Scrutineer shall determine  the validity of any  ballot.
13. At the end of the count, final tallies will be determined, and the Returning Officer shall communicate the results to the MCGA, which in turn, will communicate the results to the candidates, and the general membership.
14. In the event of a tie, a run-off election shall  take place between the two tied candidates before the membership at large at the MCGA Annual General Meeting by secret ballot.
15. Any appeal of the election shall be filed with the Court of Queen’s Bench, pursuant to s.139 of The Corporations Act (Manitoba) by the close of business one day prior to the Annual General Meeting (January 14, 2008).
16. All sealed receptacles together with other papers in connection with the election will be kept by MNP, who shall keep same safe until any appeal of the    election has been decided or, if no appeal is filed by 4:30 p.m. on the day prior to the MCGA Annual General Meeting, then a motion will be brought at the Annual General Meeting to instruct MNP to destroy the ballots.
17. Voters claiming their ballots have been lost will be issued a replacement ballot by MNP upon the voter providing a sworn Affidavit that the voter received a ballot and same has been misplaced, or that the voter did not receive a ballot.  MNP will keep a list of the persons who were issued a replacement ballot.  No additional ballots shall be issued to a member who has already mailed in their ballot.