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Nova Scotia Egg Producers New Entrant Program Regulations

made under Section 9 of the

Natural Products Act

R.S.N.S. 1989, c. 308

N.S. Reg. 369/2015 (effective January 15, 2016)

amended to N.S. Reg. 57/2019 (effective April 8, 2019)


Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Citation

Definitions

Quota

Eligibility

Application

Selection

Terms and conditions

Limitations on New Entrant

Termination


 

Citation

1        These regulations may be cited as the Nova Scotia Egg Producers New Entrant Program Regulations.


Definitions

2        In these regulations,

 

“farm gate” means land used by a New Entrant to produce eggs under these regulations and includes a New Entrant’s residence;

 

“free range housing” means a free run housing system where laying hens are also allowed access to an outdoor enclosed pasture or range area, weather permitting;

 

“free run housing” means a housing system where hens are allowed to roam free inside a laying facility;

 

“lease” means to fix and allot layer quota in accordance with subclause 9(1)(c)(ii) of the Act;

 

“leased quota” means quota that has been leased to a New Entrant under these regulations;

 

“New Entrant” means a producer to whom the Commodity Board has leased quota under the New Entrant Program;

 

“New Entrant Program” means a program of the Commodity Board that has as its purpose to allow eligible individuals to apply to the Commodity Board to be leased layer quota;

 

“New Entrant Quota Pool” means quota designated by the Commodity Board for the New Entrant Program.

 

“organic” means organic product as defined in the Safe Food for Canadians Regulations (Canada);

 

pro rata” means proportionate;

 

“public market” means a venue where organized groups of 3 or more vendors gather on a regular basis in a common location to market food products for which they are directly responsible and includes a farmer’s market;

 

Safe Food for Canadians Regulations (Canada)” means the regulations made under the Canadian Dairy Commission Act (Canada), Controlled Drugs and Substances Act (Canada), Consumer Packaging and Labelling Act (Canada), Feeds Act (Canada), Health of Animals Act (Canada), Seeds Act (Canada), Food and Drugs Act (Canada), Customs Tariff (Canada), Criminal Code (Canada), and the Safe Food For Canadians Act (Canada).


Quota

3        (1)    The Commodity Board may lease quota held in the New Entrant Quota Pool to a person.

 

          (2)    Quota leased under subsection (1) will be leased in lots of up to 1500 layers, and no New Entrant may lease more than one lot.

 

          (3)    Quota leased under subsection (1) is not subject to quota increases or decreases, except as provided in subsection[s] (6) [(7) to (10)].

 

          (4)    Quota leased under subsection (1) may not be transferred, leased or sold unless approved by the Commodity Board.

 

          (5)    A New Entrant, their attorney, guardian, personal representative or such other person approved by the Commodity Board, may apply to the Commodity Board for approval to transfer leased quota under subsection (1) to an eligible spouse or child, and the Commodity Board may approve the transfer.

 

          (6)    An eligible spouse or child of a New Entrant under clause (a) [subsection (5)] must meet all of the following requirements:

 

                   (a)      the spouse or child must operate out of the same facilities as those established by the original New Entrant; and

 

                   (b)     the spouse or child must meet the requirements of Section 4.

 

          (7)    In addition to the quota leased to a New Entrant under subsection (1), if a quota increase is allocated to Nova Scotia by the Canadian Egg Marketing Agency, the Commodity Board may lease a pro rata share of the quota increase to a New Entrant, based on the New Entrant’s leased share of the total quota allocated to Nova Scotia.

 

          (8)    A New Entrant may apply to the Commodity Board to lease the pro rata share of a quota increase under clause (a) [subsection (7)] by submitting a completed application, on a form approved by the Commodity Board.

 

          (9)    Any quota increase leased by a New Entrant under this subsection, at the time of a quota decrease established by the Canadian Egg Marketing Agency, is subject to the decrease on a pro rata basis, based on the New Entrant’s leased share of the total quota allocated to Nova Scotia.

 

          (10)  A New Entrant leasing a quota increase under this subsection must pay a lease fee of $6.00 per layer quota per year to the Commodity Board.


Eligibility

4        (1)    To be eligible for the New Entrant Program, an applicant or New Entrant must be all of the following:

 

                   (a)      the age of majority;

 

                   (b)     a Canadian citizen;

 

                   (c)      a resident of Nova Scotia;

 

(d)primarily responsible for the production of eggs under the leased quota.

 

          (2)    An applicant or New Entrant must not be any of the following:

 

                   (a)      the child, spouse, common-law spouse, or registered domestic partner of a present or former layer quota holder;

 

                   (b)     a current or past shareholder of a company, a child, a spouse, a common-law spouse, or registered domestic partner of a current or past shareholder of a company which holds or has held layer quota;

 

                   (c)      a current or former holder of quota under the Natural Products Act or the Dairy Industry Act or similar legislation in other provinces of Canada.

 

(3)A New Entrant must produce one or more of the following types of eggs:

 

                   (a)      free run,

 

                   (b)     free range,

 

                   (c)      organic.

 

          (4)    A New Entrant must not have egg production facilities located less than 5 km from any other registered egg production facilities.


Application

5        (1)    A person may apply for the New Entrant Program by submitting an application to the Commodity Board, in the form and manner prescribed by the Commodity Board.

 

          (2)    An application under subsection (1) must be accompanied by the following:

 

                   (a)      a business plan for production under the leased quota that addresses an approach to supplying the commercial retail market with one or more of the types of eggs listed under subsection 4(3);

 

                   (b)     evidence that satisfies the Commodity Board that the applicant either possesses or has the ability to acquire adequate knowledge and skills of animal husbandry for the proper care of laying hens; and

 

                   (c)      an application fee of $250.00 payable to the Nova Scotia Egg Producers which shall be returned if the application is declined.


Selection

6        (1)    An application under Section 5 will be reviewed by one or more persons chosen by the Commodity Board.

 

          (2)    An applicant that meets the eligibility requirements under Section 4 will be entered in a random draw, administered by the Commodity Board, to determine one or more successful New Entrants.


Terms and conditions

7        The following terms and conditions apply to every New Entrant:

 

                   (a)      a New Entrant must comply with the Act, the regulations, all plans, agreements and orders of the Council and the Commodity Board;

 

                   (b)     a New Entrant must start production under the leased quota of one or more of the types of eggs listed under subsection 4(3), within 18 months of being declared a successful New Entrant;

 

                   (c)      a New Entrant must not cease egg production for more than 18 months without permission from the Commodity Board;

 

                   (d)     a New Entrant must have all of their eggs graded at an egg station licensed under the Safe Food for Canadians Act (Canada) unless the New Entrant is selling their eggs at the farm gate or a public market, in which case, the New Entrant may sell ungraded eggs at the farm gate or public market provided that the sales comply with all applicable law, regulations and requirements established by the Province of Nova Scotia.


Limitations on New Entrant

8        A New Entrant is not eligible to do any of the following:

 

                   (a)      vote in any Commodity Board election;

 

                   (b)     vote at any producer meeting;

 

                   (c)      become a member of the Commodity Board.


Termination

9        (1)    If a New Entrant does not meet the terms and conditions under Section 7, the Commodity Board may stop leasing quota to the New Entrant.

 

          (2)    If a Commodity Board stops leasing quota to a New Entrant under subsection (1), that quota will be returned to the New Entrant Quota Pool.

 

 


Legislative History
Reference Tables

Nova Scotia Egg Producers New Entrant Program Regulations

N.S. Reg. 369/2015

Natural Products Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Nova Scotia Egg Producers New Entrant Program Regulations made under the Natural Products Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

369/2015

Jan 15, 2016

date specified

Jan 8, 2016

57/2019

April 8, 2019

date specified

Apr 26, 2019

 

 

 

 

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

2, defn. of “farm gate”......................

ad. 57/2019

2, defn. of “lease”.............................

rs. 57/2019

2, defn. of “leased quota”.................

rs. 57/2019

2, defn. of “organic”.........................

rs. 57/2019

2, defn. of “pro rata”.........................

ad. 57/2019

2, defn. of “public market”...............

ad. 57/2019

2, defn. of “Safe Food for Canadians Regulations (Canada)”...................

ad. 57/2019

3(2)...................................................

am. 57/2019

3(3)...................................................

am. 57/2019

3(7)-(10)...........................................

ad. 57/20193

7(d)...................................................

rs. 57/2019

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

 

Note

Effective
date

1

Subsections 3(5) and (6) and the clauses under subsection (6) that were lettered and numbered as clauses 3(5)(a) and (b) and subclauses in the original text redesignated for the purposes of the consolidation as subsections and clauses to correct the structure of the provisions.

 

2

Amendment in N.S. Reg 57/2019 purports to redesignate s. 3(5) and 3(6) as 3(5)(a) and (b), which were redesignated for the purpose of this consolidation.  (See note 1.)  This amendment could not be applied to the original text.

 

3

Subsections 3(7) to (10) that were lettered as clauses 3(6)(a) to (d) in the text added by N.S. Reg 57/2019 redesignated as subsections to correct the structure of the Section for the purposes of the consolidation.

 

Repealed and Superseded

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.