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Bulk Haulage Regulations

made under clauses 15(1)(b) and (e) of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 23/2003 (August 13, 2002, effective September 1, 2002)

as amended to N.S. Reg. 5/2014 (January 8, 2014, effective February 1, 2014)


Citation

1     These regulations may be cited as the Bulk Haulage Regulations.


Interpretation

2     In these regulations, “transporter licence” means a licence issued by the Board in accordance with Section 3.


Transporter licence

3     (1)    A person carrying on the business of transporting milk from a licensed producer to a licensed processor must hold a valid transporter licence issued by the Board.

 

       (2)    An application for a transporter licence shall be on a form supplied by the Board.

 

       (3)    The fee for a transporter licence shall be $15.00, which shall be paid to the Board.

 

       (4)    A transporter licence shall be valid for a period of 36 months.

 

       (5)    The Board may suspend, revoke or cancel a transporter licence, in whole or in part, for failure to comply with

 

                (a)    any transportation-related provision of an applicable Act or regulation; or

 

                (b)    an order made or policy established by the Council or by the Board.


Transporter acts on behalf of Board

4     (1)    While transporting milk, a transporter is a bailee acting for and on behalf of the Board, and the Board obtains title to the milk when accepted by the bulk milk grader of the transporter.

 

       (2)    A transporter is responsible for preservation of the Board’s title to the milk being transported.

 

       (3)    A transporter may represent that it is authorized to transport milk for and on behalf of the Board, but shall not represent that it is owned [by] or related to the Board.


Delivery of milk

5     (1)    A transporter licensed to transport milk by tank truck shall deliver milk and cream to a licensed processor on the days required by the processor, including the period when highway weight restrictions are in effect by order of the Minister of Transportation and Infrastructure Renewal, unless accidents or circumstances beyond the control of the transporter make delivery impossible.

 

       (2)    Where the Board is required to ship milk out of Nova Scotia, the Board shall direct transporters to deliver milk to processors outside Nova Scotia.


Protection of milk

6     A transporter shall

 

                (a)    transport milk without unnecessary delay and in such manner as to protect the milk from heat, frost, dust and contamination of any kind; and

 

                (b)    comply with all requirements of Provincial health authorities, the Council and the health authorities of the municipality within which the milk is being delivered.


Bulk haulage rates

7     The following rates shall be the maximum bulk haulage rates that may be charged to the Board by a transporter and shall be applicable to all transporters in the Province:

 

                (a)    for farm pick-up:


Transporter

Maximum Rate/100 L

Agropur

$2.43

Scotsburn Co-operative Services Limited

$3.36

Fisher Transport Limited

$1.75

Winterthur Farm—Rudolph Burghardt

$2.64

Agropur–Yarmouth

$1.85

Clause 7(a) replaced: N.S. Reg. 5/2014.

 

                (b)    for inter-plant transfers:


Route

Maximum Rate/100 L

Yarmouth to or from Truro Farmers Cheese Division or successor

$5.29

 

Yarmouth from Truro or Shubenacadie

$4.42

Yarmouth from Hammonds Plains or Dartmouth

$4.04

 

Yarmouth from Valley or Bridgewater

$3.14

Clause 7(b) amended: N.S. Reg. 197/2013.

 

                  (c)    special rates:

 

                           (i)   every day pick-up:               150% of maximum bulk haulage rate prescribed in this Section, calculated on all milk

Subclause 7(c)(i) amended: N.S. Reg. 1/2006.

 

                           (ii)  return trip:                           additional charge of $50.00 per extra trip

 

                           (iii) minimum:                            $63.00 per week

Subclause 7(c)(iii) amended: N.S. Reg. 1/2006.

 

                           (iv) out-of-Province transport:   rate to be negotiated between Board and transporter


Distributor who transports milk to file schedule of rates

8     A distributor who transports milk for or on behalf of a producer shall file with the Board a schedule of all rates to be charged for the transportation of the milk.


Transportation agreements

9     A licensed transporter shall have a transportation agreement with the Board that is in force.


Substitution of provisions

10   This regulation is made in substitution for the Bulk Haulage Rates made pursuant to the Dairy Industry Act and Section 21 of Schedule 1 and Sections 1 to 6 of Schedule 5 of the regulations made pursuant to the Dairy Commission Act.