This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
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Nova Scotia Egg Producers’ Marketing Plan

made under Section 11 of the

Natural Products Act

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

O.I.C. 82-1416 (November 23, 1982), N.S. Reg. 239/82

as amended up to O.I.C. 2006-374 (August 17, 2006), N.S. Reg. 164/2006


Part I


Citation

1     These regulations may be cited as the Nova Scotia Egg Producers’ Marketing Plan.


Interpretation

2     In these regulations, unless the context otherwise requires,

 

                (a)    “Act” means the Natural Products Act;

 

                (b)    “Agency” means the Canadian Egg Marketing Agency established by the Canadian Egg Marketing Agency Proclamation issued under the Farm Products Agencies Act (Canada);

 

                (c)    “Commodity Board” or “Board” means the Nova Scotia Egg Producers;

 

                (d)    “Council” means the Natural Products Marketing Council;

 

                (e)    “egg” means an egg of a hen;

 

                (f)    “grading” means sorting and classifying eggs at an egg station registered under Section 7 of the Egg Regulations made under the Canada Agricultural Products Act;

 

                (g)    “hen” means a female of any class of domestic fowl belonging to the species Gallus domesticus;

 

                (h)    “layer” means a laying hen that is 19 weeks of age or older;

 

                (i)     “licence” means a licence issued by the Board to authorize a person to engage in an activity specified in Section 20;

 

                (j)     “marketing” includes advertising, buying, selling, storing, packing, transporting, shipping, pricing, processing, shipping for sale or storage, offering for sale and any other act necessary to prepare eggs and pullets in a form, or make them available at a place and time, for purchase, consumption or use, and also includes sale by peddlers, hawkers and traders;

 

                (k)    “person” includes a board, association, corporation, firm and partnership;

 

                (l)     “Plan” means the Nova Scotia Egg Producers’ Marketing Plan;

 

                (m)   “processing” includes breaking, filtering, blending, heat treating, stabilizing, mixing, cooling, freezing or drying eggs;

 

                (n)    “processor” means a person engaged in processing eggs;

 

                (o)    “proclamation” means the Canadian Egg Agency Proclamation issued under the Farm Products Marketing Agencies Act (Canada);

 

                (p)    “producer” means a person engaged in producing eggs or pullets in the regulated area;

 

                (q)    “pullet” means a hen that is less than 19 weeks of age and has been produced for the purpose of laying eggs for human consumption;

 

                (r)    “quota” means

 

                         (i)     in reference to egg production, the maximum number of layers that a producer is entitled to house in their facilities for producing and marketing eggs, as determined by the Board,

 

                         (ii)    in reference to pullet production, the maximum number of pullets that a producer is entitled to grow in their facilities, as determined by the Board;

 

                (s)    “regulated area” means all of the Province.


Purposes of Plan

3     The purposes of the Plan are to promote and regulate egg production and marketing in Nova Scotia, and in particular to

 

                (a)    provide for a supply of eggs in volumes agreed upon with the Agency or an agency of a provincial government; and

 

                (b)    establish a framework for the Commodity Board to administer the Plan through activities including

 

                         (i)     setting quotas for egg producers,

 

                         (ii)    setting quotas for pullet producers,

 

                         (iii)   facilitating cooperation with marketing boards, marketing commissions or marketing agencies established by the Government of Canada or any province in Canada for the purpose of producing and marketing eggs, and

 

                         (iv)   fixing fair or minimum market prices to be paid to a producer for eggs of any class, variety, grade, or size.

 

Recommendation to discontinue Plan

4     If at least 50% of the licensed producers sign a request to vote on discontinuing the Plan and submit the request to the Council, the Council must submit the question of continuing the Plan to a vote of the licensed producers and if a majority satisfactory to the Council do not vote in support of the Plan, the Council may recommend that the Plan be discontinued.


Powers delegated to Commodity Board by Council under subsection 6(2) of Act

5     (1)    Under subsection 6(2) of the Act, the Council delegates to the Commodity Board the power to

 

                (a)    do any acts, make any orders and issue any directions that are necessary to enforce the Act, the Plan and the regulations (clause 6(1)(c) of the Act);

 

                (b)    investigate the cost of producing, distributing and transporting eggs and pullets, prices, price spreads, trade practices, methods of financing, management, grading, policies and other matters relating to marketing or producing eggs and pullets (clause 6(1)(b) of the Act);

 

                (c)    determine fair or minimum prices that must be paid to producers or to the Board for any class, variety, grade or size of eggs or pullets (clause 6(1)(g) of the Act);

 

                (d)    exempt from the Plan or any order or direction of the Commodity Board any person or class of persons engaged in producing or marketing eggs or pullets, or producing or marketing a class, variety or grade of eggs or pullets (clause 6(1)(h) of the Act);

 

                (e)    require persons engaged in producing or marketing eggs or pullets to register with the Commodity Board their names, addresses and occupations and the quantity of eggs and pullets produced or marketed by them, and require persons engaged in producing or marketing eggs or pullets to furnish such additional information as the Commodity Board may determine and inspect the books, records and premises of persons engaged in production or marketing (clause 6(1)(i) of the Act);

 

                (f)    cooperate and act conjointly with a marketing board, commodity board, marketing commission or marketing agency of Canada or a province or territory in Canada established for the purpose of marketing eggs and pullets (clause 6(1)(l) of the Act);

 

                (g)    cooperate and act conjointly with boards or agencies in the Province for the purpose of sharing information or resources (clause 6(1)(l) of the Act);

 

                (h)    require any person engaged in marketing or producing eggs or pullets to furnish security or proof of financial responsibility (clause 6(1)(n) of the Act);

 

                (i)     require persons designated by the Board who are engaged in marketing eggs or pullets to deduct licence fees, levies or charges established under the Plan from any amount payable by them to producers, and to remit all amounts so deducted to the Council or Board (clause 6(1)(j) of the Act);

 

                (j)     require the person in charge of any vehicle thought to be conveying any eggs or pullets to stop the vehicle and to permit any person appointed by the Council for that purpose to inspect the vehicle and its contents (clause 6(1)(k) of the Act);

 

                (k)    investigate, arbitrate, adjudicate upon, adjust or otherwise settle any dispute between any 2 or more producers, distributors or transporters of eggs or pullets or any dispute between producers, distributors or transporters of eggs or pullets as classes of persons (clause 6(1)(a) of the Act);

 

                (l)     prohibit any person from marketing or producing eggs or pullets (clause 6(1)(m) of the Act).

 

       (2)    Under clause 6(1)(e) of the Act, the Council authorizes the Board to borrow money for the purpose of carrying out any provision of the Plan.


Regulation-making powers delegated to Commodity Board by Council under clause 11(d) of the Act

6     In accordance with clause 11(d) of the Act, and subject to the approval by the Council, the Commodity Board may exercise the Council’s power under subsection 9(1) to make regulations

 

                (a)    regulating and controlling the marketing or production of eggs and pullets within the regulated area (clause 9(1)(a) of the Act);

 

                (b)    providing for licensing persons to permit them to engage in producing or marketing eggs or pullets (clause 9(1)(b) of the Act);

 

                (c)    providing for

 

                         (i)     marketing or producing eggs and pullets on a quota basis (subclause 9(1)(c)(i) of the Act),

 

                         (ii)    fixing and allotting quotas to persons for marketing or producing eggs or pullets on any basis that the Board considers proper (subclause 9(1)(c)(ii) of the Act),

 

                         (iii)   refusing to fix and allot a quota to a person for marketing or producing eggs or pullets for any reason the Board considers proper (subclause 9(1)(c)(iii) of the Act),

 

                         (iv)   transferring quota among producers and the terms and conditions under which the transfers may take place (subclause 9(1)(c)(iv) of the Act), and

 

                         (v)    cancelling or reducing, or refusing to increase, a quota fixed and allotted to a person for marketing or producing eggs or pullets for any reason that the Board considers proper (subclause 9(1)(c)(v) of the Act);

 

                (d)    prohibiting

 

                         (i)     a person to whom a quota has not been fixed and allotted for marketing or producing eggs or pullets from marketing or producing any eggs or pullets (subclause 9(1)(d)(i) of the Act), and

 

                         (ii)    a person to whom a quota has been fixed and allotted for marketing or producing eggs or pullets from marketing or producing any eggs or pullets in excess of the quota (subclause 9(1)(d)(ii) of the Act);

 

                (e)    providing for the form of licences and the terms and conditions upon which licences may be issued, renewed, suspended or revoked (clause 9(1)(e) of the Act);

 

                (f)    providing for the furnishing of security or proof of financial responsibility by persons who purchase farm products for resale (clause 9(1)(h) of the Act);

 

                (g)    respecting licence fees, levies or charges to be paid by producers and processors in relation to the administration of this Plan and the regulations (clause 9(1)(hb) of the Act);

 

                (h)    exempting a person or class of persons from any or all of the regulations (clause 9(1)(i) of the Act); and

 

                (i)     providing for the making of returns or the furnishing of information by any person licensed under this Plan (clause 9(1)(f) of the Act).


Council retains authority to exercise powers

7     Despite the delegation of powers to the Board in Sections 5 and 6, if the Board refuses to act or is unable to act, the Council retains the authority to exercise the powers that have been delegated to the Board.


Composition of Commodity Board

8     (1)    For the purpose of electing the members of the Board who represent licensed egg producers, the regulated area is divided into the following 4 zones:

 

                (a)    the Eastern Zone, comprising the counties of Inverness, Richmond, Cape Breton, Victoria, Antigonish and Guysborough;

 

                (b)    the Central Zone, comprising the counties of Pictou, Cumberland, Colchester, Halifax and Hants;

 

                (c)    the Western Zone, comprising the counties of Kings and Annapolis;

 

                (d)    the Southern Zone, comprising the counties of Lunenburg, Queens, Shelburne, Yarmouth and Digby.

 

       (2)    The Board must consist of 8 members elected or appointed as follows:

 

                (a)    2 licensed egg producers elected or appointed by licensed egg producers in each of the Eastern, Central and Western Zones;

 

                (b)    1 licensed egg producer elected or appointed by licensed egg producers in the Southern Zone;

 

                (c)    1 licensed pullet producer elected or appointed by licensed pullet producers in the regulated area.

 

       (3)    Subject to subsection (4), each Board member must be resident or carrying on business in the zone or area that they represent.

 

(4)   A licensed egg producer who resides in a county that borders on a zone different from the zone in which that county is situate may affiliate with the neighboring zone and, if so affiliated, is eligible to be elected or appointed to represent the neighboring zone.


Election or appointment of Board members

9     (1)    The licensed egg producers in each zone must elect or appoint the Commodity Board members for their zone at their annual zone meeting or at a meeting called for that purpose.

 

                (2)    The licensed pullet producers in the regulated area must elect or appoint their representative Commodity Board member at their annual meeting or at a meeting called for that purpose.

 

                (3)    If a zone or area fails or refuses to elect or appoint a representative to the Commodity Board, the Board may appoint a licensed producer of the zone or area to represent the zone or area on the Board.


Term of office of Board member

10   (1)    The term of office for a Commodity Board member is 3 years and begins at the first annual general meeting of the Board following the member’s election or appointment.

 

       (2)    A licensed producer is eligible for re-election or re-appointment to the Board upon the expiry of their term of office.

  

       (3)    If a member dies, resigns or is otherwise removed during their term of office, the licensed producers resident or carrying on business in the zone or area represented by that member may elect or appoint another member to complete the term.

 

       (4)    If the licensed producers resident or carrying on business in a zone or area fail or refuse to elect or appoint another member as provided for in subsection (3), the Board may appoint a licensed producer from the zone or area to represent the zone or area on the Board.


Board operating year and annual general meeting

11   (1)    An operating year of the Board begins on the day immediately after the end of a 52- or 53-week production year established by the Agency and ends at the end of the next following production year established by the Agency.

 

       (2)    The Board must hold an annual general meeting no later than 4 months after the last day of an operating year.


Election of Chair and Vice-Chair of Board

12   At the first Board meeting after an annual general meeting of the Board, the members of the Board must elect a Chair and a Vice-Chair from among the members, and may appoint any other officers that they consider necessary.


Notice of Board meeting

13   A meeting of the Board may be called at any time

 

                (a)    by the Chair, by giving each member at least 3 days’ notice of the meeting; or

 

                (b)    by any 4 members of the Board, by giving each member at least 7 days’ notice of the meeting.


If Chair absent from Board meeting

14   If the Chair is absent from a Board meeting, the Vice-chair must act as chair of the meeting, and if neither the Chair nor the Vice-chair is present at a meeting, the members present must elect a chair for the meeting.


Quorum for Board meetings

15   At all meetings of the Board, 5 members constitute a quorum.


Removal of Board member from office

16   The Commodity Board may remove a Board member from office if the member fails to attend 3 consecutive meetings of the Board without adequate cause, or for any other reason that the Board considers sufficient.


Acts of Board valid despite irregularity or temporary vacancy

17   Despite any irregularity in the appointment, election or qualification of any member of the Board, or any temporary vacancy on the Board, every act of the Board is as valid as if the Board were duly constituted and every member duly appointed, elected and qualified.


Copies of Board records to Council

18   The Board must promptly send all of the following to the Council:

 

                (a)    certified copies of all orders, directions, regulations and determinations of the Board;

 

                (b)    copies of the minutes of all Board meetings.


Board Financial statements and other annual reporting

19   (1)    The Board must keep proper books of account that must be audited at the end of each operating year by an auditor who has been appointed by the Board members at the Board’s most recent annual general meeting and who is acceptable to the Council.

 

       (2)    No later than 3 months after the last day of an operating year, the Board must send a complete set of the financial statements of the Board, together with the auditor’s report, to the Council.

 

       (3)    At least 10 days before the date of an annual general meeting, the Board must mail all of the following to each licensed producer:

 

                (a)    a copy of the financial statements of the Board for the past operating year, together with the auditor’s report;

 

                (b)    a report of the Chair setting out the activities of the Board during the past operating year.


Requirement to hold licence

20   A person must not produce pullets or eggs or grade or process eggs in the regulated area except under the authority of a licence issued by the Board.


Suspension, revocation and refusal to renew licence

21   The Board may recommend that the Council suspend, revoke or refuse to renew a licence, in whole or in part, for failure to observe, perform or carry out the provisions of the Act, the Plan, or any regulations made or direction issued by the Board.


Requirement to register, provide information

22   (1)    Each producer, grader and processor must register their name, address and occupation with the Board.

 

       (2)    Each person who markets or produces eggs or pullets must give the Board any information relating to the production or marketing of eggs or pullets that the Board requires, including information in the form of returns to be completed and filed with the Board.

Part I replaced: O.I.C. 2006-374, N.S. Reg. 164/2006.



Part II

 

1     In this Part

 

“Agency” means the Canadian Egg Marketing Agency established by the Canadian Egg Marketing Agency Proclamation issued pursuant to the Farm Products Marketing Agencies Act (Canada);

 

“Council” means the Natural Products Marketing Council;

 

“Commodity Board” means the Nova Scotia Egg Producers;

 

“quota” means the number of dozens of eggs that an egg producer is entitled to market in intraprovincial trade through normal marketing channels, or to have marketed on his behalf by the Commodity Board in intraprovincial trade, during a specified period of time;

 

“quota system” means a system whereby egg producers are assigned quotas by the Council or the Commodity Board thus enabling the Commodity Board to fix and determine the quantity, if any, in which eggs of any variety, class or grade thereof may be marketed in intraprovincial trade by each egg producer and by all egg producers.

Section 1 amended: O.I.C. 2001-321, N.S. Reg. 85/2001.


Quota system

2     The Council or Commodity Board shall, on the coming into force of this Part, establish by order or regulation a quota system in order to assign quotas to all members of classes of producers in the province in such manner that the number of dozens of eggs produced in the province and authorized to be marketed in intraprovincial trade in the year 1973, when taken together with the number of dozens of eggs produced in the province and authorized to be marketed in interprovincial and export trade in the same year, pursuant to quotas assigned by the Agency, and the number of dozens of eggs produced in the province and anticipated to be marketed in the same year, other than as authorized by a quota assigned by the Agency or by the Council or Commodity Board, will equal the number of dozens of eggs set out in Section 3 of this Part.

 

3     For the purposes of Section 2 of this Part the number of dozens of eggs set out in this Section for the province is the number of dozens set out in Column II of an item of the following table in respect of the province as set out in Column I of that item, such number of dozens representing the percentage set out in Column III of that item.

 

Table

  Column I Column II Column III
1.British Columbia57,250,00012.055 per cent
2.Alberta41,344,0008.704 per cent
3.Saskatchewan22,611,0004.760 per cent
4.Manitoba54,189,00011.408 per cent
5.Ontario181,267,00038.161 per cent
6.Quebec78,647,00016.556 per cent
7.New Brunswick8,683,0001.828 per cent
8.Nova Scotia19,504,0004.106 per cent
9.Prince Edward Island3,028,0000.637 per cent
10.Newfoundland8,477,0001.785 per cent

4     (1)    No order or regulation shall be made where the effect thereof would be to increase the aggregate of

 

                (a)    the number of dozens of eggs produced in the province and authorized by quotas assigned by the Council or Commodity Board and by the Agency to be marketed in intraprovincial, interprovincial and export trade; and

 

                (b)    the number of dozens of eggs produced in the province and anticipated to be marketed in intraprovincial, interprovincial and export trade other than as authorized by quotas assigned by the Council or Commodity Board, and by the Agency

 

to a number that exceeds, on a yearly basis, the number of dozens of eggs set out in Section 3 of this Part for the province unless the Council or Commodity Board has taken into account

 

                (c)    the principle of comparative advantage of production in respect of each province;

 

                (d)    any variation in the size of the market for eggs;

 

                (e)    any failures by egg producers in the province or provinces to market the number of dozens of eggs authorized to be marketed;

 

                (f)    the feasibility of increased production in each province to be marketed; and

 

                (g)    comparative transportation costs to market areas from alternative sources of production,

 

and the Agency is making a similar order or regulation.

 

       (2)    No order or regulation shall be made where the effect thereof would be to decrease the aggregate of

 

                (a)    the number of dozens of eggs produced in the province and authorized by quotas assigned to the Council or Commodity Board and by the Agency to be marketed in intraprovincial, interprovincial and export trade; and

 

                (b)    the number of dozens of eggs produced in the province and anticipated to be marketed in intraprovincial, interprovincial and export trade other than as authorized by quotas assigned by the Council or Commodity Board and by the Agency

 

to a number that, on a yearly basis, is less than the number of dozens of eggs set out in Section 3 of this Part for the province unless at the same time the number of dozens of eggs produced in each other province and so authorized to be marketed in intraprovincial, interprovincial and export trade is decreased proportionately.

 

       (3)    When the Agency has made an order or regulation pursuant to provisions of a marketing plan similar to the provisions of subsections (1) or (2), the Commodity Board shall make a similar order or regulation.

 

5     The Council or Commodity Board may require that each egg producer to whom a quota is assigned, as a condition of the assignment thereof, to make available to the Commodity Board or its agent all eggs produced by him and available to be marketed in excess of the quota assigned to him at a price not exceeding the difference, if any, between the price realized by the Commodity Board or its agent on the marketing of such eggs and its expenses related to such marketing.

 

6     (1)    The Commodity Board may market eggs made available to it or its agent on an individual or collective basis and may pool the receipts from the marketing thereof and deduct from the pool the expenses incurred by it or by its agent in marketing such eggs before any payment is made to the producers.

 

       (2)    The Commodity Board shall not market any quantity of the products made available to it in excess of the number of eggs referred to in Sections 2 and 3 or as modified pursuant to Section 4 of this Part, without prior consultation of with the Agency.

 

7     The Commodity Board shall, with the concurrence of the Agency, administer on its behalf all orders and regulations made by it for the purpose of establishing and implementing a quota system or any such orders or regulations necessary to implement the provisions of the Canadian Egg Marketing Agency Proclamation and similar provisions of this Part.

 

8     The Council and Commodity Board shall make, approve and implement any order or regulation necessary to reflect any provisions of this Part.


Licences

9     The Council or Commodity Board shall make available to the Agency any documents or extract of documents establishing the registration or licensing of producers, when any such system is in force.


Levies

10   The Commodity Board shall, with the concurrence of the Agency, collect on its behalf any levies imposed by the Agency.


Sales verification

11   (1)    The Council or Commodity Board shall make regulations and orders requiring any person engaged in marketing eggs to give all the information necessary to monitor sales.

 

       (2)    The Council or Commodity Board shall establish a verification system of sales.

 

       (3)    The Council or Commodity Board shall provide all information obtained from the implementation of the system referred to in subsection (2) to the Agency when requested.


General

12   The Council or Commodity Board shall take all reasonable steps to promote a high degree of cooperation between itself and the Agency, and without limiting the generality of the foregoing, shall

 

                (a)    make available to the Agency the records, minutes and decisions of the Council or Commodity Board in relation to any matter that is of concern to the Agency;

 

                (b)    allow an officer or employee of the Agency who is designated by the Agency for such purpose to attend meetings of the Council or Commodity Board at which any matter that is of concern to the Agency is likely to be discussed and for such purpose shall give notice of all such meetings to the officer or employee so designated; and

 

                (c)    give notice of each order or regulation that it proposes to make to the Agency.

 

13   The authority and powers referred to in Sections 3, 14, 18, 19 and 20 of Part I of this Plan and any substituted similar provisions are restricted by and to the provisions of this Part.

 

14   This Part shall come into force on the same day the Canadian Egg Marketing Agency Proclamation comes into force.

Part II added: O.I.C. 83-128, N.S. Reg. 11/83.