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Pork Marketing Plan
made under Section 11 of the
Natural Products Act
R.S.N.S. 1989, c. 308
O.I.C. 2009-523 (effective December 21, 2009), N.S. Reg. 342/2009
as amended to O.I.C. 2017-318 (effective December 12, 2017), N.S. Reg. 174/2017
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
Purposes of Plan
Discontinuation of Plan
Commodity Board Membership
Commodity Board composition
Member’s term of office
Commodity Board may remove member
Filling vacancy on Commodity Board
Commodity Board Elections
Nominating candidates for election to Commodity Board
Acclamation or appointment if number of candidates insufficient for election
Election required if more candidates than vacancies
Election officials
Distributing ballots
Casting a vote
Counting ballots
Declaring winners
Candidate may request recount
Procedure when election outcome undetermined
Agent may conduct election
Commodity Board Executive
Executive of Commodity Board
Executive manager of Commodity Board
Duties of Commodity Board chair
Duties of Commodity Board vice-chair
Commodity Board Operating Procedures
Calling Commodity Board meetings
Notice of Commodity Board meetings
If Chair absent from Commodity Board meeting
Voting at Commodity Board meetings
Quorum at Commodity Board meeting
Body corporate activity
Irregularity does not invalidate Commodity Board action
Financial reporting of the Commodity Board
Copies of orders, directions and determinations
Commodity Board regulations must be presented to licensed producers
Licensed Producers’ Meetings
Calling meetings of licensed producers
Quorum at meetings of licensed producers
Notice of meetings of licensed producers
Voting at meetings of licensed producers
Mandatory business at annual general meeting
Transitional Provisions
Members of previous Commodity Board hold office until 2009 election
Staggered terms for members taking office in 2009
Procedure for 2009 election
Citation
1 These regulations may be cited as the Pork Marketing Plan.
Definitions
2 In this Plan,
“Act” means the Natural Products Act;
“annual general meeting” means an annual general meeting held by the licensed
producers as required by this Plan;
“Commodity Board” means Pork Nova Scotia, a body corporate constituted under
this Plan;
“hog” means a member of the species Sus scrofa L. (domestic pig), and includes a
hog carcass;
“licensed producer” means a producer licensed to produce or market hogs in the
regulated area;
“member” means a member of the Commodity Board, unless the context otherwise
requires;
“own” means to have ownership of or title in;
“person” includes a board, association, corporation, firm and partnership;
“pork” means the flesh or meat or any part or parts of a hog;
“processing” means altering the nature, size, quality or condition of hogs or pork by
mechanical means or otherwise, and includes the slaughtering of hogs;
“processor” means any person engaged in processing;
“producer” means a person who owns hogs that are bred or raised, or both, in the
regulated area for commercial purposes, or that are produced or marketed in or from
the regulated area, but does not include a processor or contract grower;
“regulated area” means all of the Province.
Purposes of Plan
3 This Plan has the following purposes:
(a) to control and regulate all aspects of the marketing of hogs in the regulated
area;
(b) to stimulate, increase and improve the marketing and production of pork and
pork products in the regulated area;
(c) to provide forums for disseminating information to producers about pork
production and marketing.
Discontinuation of Plan
4 (1) If at least 50% of the licensed producers sign a request to vote on discontinuing this
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.
(2) If a majority of licensed producers satisfactory to the Council does not vote in
support of the Plan in a vote under subsection (1), the Council may recommend that
the Plan be discontinued.
Commodity Board Membership
Commodity Board composition
5 (1) The Commodity Board must consist of no more than 5 members, each of whom is
an individual who is
(a) a licensed producer who processes only those hogs that they own or is the
appointed representative of a licensed producer that is a sole proprietorship,
partnership or body corporate that processes only those hogs that it owns;
(b) resident in the regulated area; and
(c) elected, acclaimed or appointed as a member in accordance with this Plan.
(2) A licensed producer that is a sole proprietor, partnership or body corporate may not
have more than 1 appointed representative serve as a member.
Member’s term of office
6 (1) The term of office of a member is 3 years.
(2) A member takes office on the adjournment of the first annual general meeting
following their election, acclamation or appointment.
Commodity Board may remove member
7 The Commodity Board may remove from office any member who
(a) is convicted of an offence under the Act; or
(b) fails to attend 3 consecutive meetings of the Commodity Board without
reasonable cause.
Filling vacancy on Commodity Board
8 (1) If a vacancy occurs on the Commodity Board because a member dies, resigns, is
removed or otherwise vacates the office, the remaining members may appoint an
eligible licensed producer to fill the vacancy until the Commodity Board calls an
election to fill the vacancy.
(2) An election to fill a vacancy on the Commodity Board must be held no later than the
next annual election.
(3) The term of office of a person elected to fill a vacancy on the Commodity Board is
the remaining balance of the term of the member who vacated the office.
Commodity Board Elections
Nominating candidates for election to Commodity Board
9 (1) Any nominations of candidates for election to the Commodity Board must be
submitted to the Commodity Board on or after September 1 and no later than
September 21 in each year.
(2) The Commodity Board must not accept a nomination unless the nomination is
(a) made on a form provided by the Commodity Board; and
(b) signed by the nominee indicating their acceptance of the nomination.
(3) The Commodity Board must provide each nominee with the list of nominees.
(4) A nominee may withdraw their nomination by notice in writing to the Commodity
Board as soon as practicable after nominations are closed.
Acclamation or appointment if number of candidates insufficient for election
10 (1) If the number of candidates for election to the Commodity Board is equal to or less
than the number of vacancies on the Commodity Board, the candidates must be
acclaimed as members.
(2) The Commodity Board may appoint any number of members to bring the total
number of members to 5.
Election required if more candidates than vacancies
11 If there are more candidates for election to the Commodity Board than there are vacancies,
an election must be held.
Election officials
12 (1) The Commodity Board must appoint a returning officer and a deputy returning
officer and any other person that it considers necessary for the conduct of an election.
(2) A member is not eligible to be appointed as a returning officer or deputy returning
officer.
Distributing ballots
13 (1) For each election, the Commodity Board must mail or cause to be delivered 1 ballot
to each licensed producer.
(2) A ballot must be in
(a) an envelope identified only by the words “Ballot Envelope”; and
(b) a mailing envelope addressed to the returning officer appointed for the election.
(3) Any ballots being mailed to licensed producers must be postmarked no later than
October 10 in the election year.
Casting a vote
14 (1) A voter must cast only 1 ballot in an election of members.
(2) To cast a vote, a voter must
(a) mark on the ballot in the box opposite the name of each candidate for whom
the voter wishes to vote;
(b) seal the marked ballot within the ballot envelope;
(c) seal the ballot envelope in the mailing envelope;
(d) enter the voter’s farm name, if any, and licence number on the mailing
envelope in the spaces provided; and
(e) mail the mailing envelope or cause it to be delivered to the returning officer so
that
(i) if mailed, it is postmarked no later than October 21 in the election year,
or
(ii) if delivered other than by mail, it is consigned for delivery no later than
October 21 in the election year.
(3) The returning officer must not accept a mailing envelope unless the requirements of
subsection (2) are met.
(4) On accepting a mailing envelope, the returning officer must
(a) remove the ballot envelope from the mailing envelope and deposit it in a
sealed ballot box; and
(b) immediately destroy the mailing envelope bearing the identity of the voter.
Counting ballots
15 (1) The returning officer must count the ballots no later than November 5 of the election
year or, if November 5 is a Sunday, then November 6.
(2) The returning officer must
(a) count the ballots in the presence of at least 2 persons eligible to vote in the
election;
(b) permit each candidate to be represented at the counting of the ballots by a
scrutineer designated by the candidate;
(c) reject and keep separate each ballot or ballot envelope
(i) that is not marked, sealed and delivered in accordance with subsection
13(2),
(ii) that contains votes for more than the number of vacancies on the
Commodity Board,
(iii) on which there is any writing or mark by which the voter may be
identified, or
(iv) that has been submitted by the voter so that the voter can be identified;
(d) prepare and deliver to the Commodity Board, on a form provided by the
Commodity Board, a record of
(i) the number of ballots cast,
(ii) the number of votes given and allowed for each candidate, and
(iii) the number of rejected ballots;
(e) retain all of the ballots, including any rejected ballots, in safe custody for any
period that the Commodity Board directs.
Declaring winners
16 After an election is conducted, the Commodity Board must declare elected the candidates
who obtained the largest number of votes and must notify all candidates of the results of
the election.
Candidate may request recount
17 (1) Any candidate in an election may request a recount of the ballots by notice in writing
to the Commodity Board delivered or mailed so that it is received no later than 7
days after the date the notice of the election results is given under Section 15.
(2) On receipt of a request for a recount under [subsection] (1), the Commodity Board
must cause the returning officer to conduct a recount of the ballots and each
candidate may designate a scrutineer for the purpose of the recount.
(3) The election of a candidate on the basis of a recount is final.
Procedure when election outcome undetermined
18 If, because of a tie vote or other cause, the election of a member is not determined on the
counting or recounting of the ballots, the Commodity Board must declare the election void
and conduct a further election no later than 10 days after the date the election is declared
void.
Agent may conduct election
19 The Commodity Board may appoint an agent to conduct all or a part of an election in
accordance with this Plan.
Commodity Board Executive
Executive of Commodity Board
20 (1) The Commodity Board must hold a meeting no later than 6 weeks after the date of
each annual general meeting and at that meeting must elect from its members an
executive consisting of
(a) a chair;
(b) a vice-chair;
(c) a representative to the Canadian Pork Council; and
(d) any additional representatives and officers as needed.
(2) If no member is willing and able to serve as the Commodity Board’s representative
to the Canadian Pork Council, the Commodity Board may appoint a licensed
producer who is not a member to be the representative.
(3) A non-member licensed producer appointed as representative to the Canadian Pork
Council may attend but is not entitled to vote at meetings of the Commodity Board.
Executive manager of Commodity Board
21 (1) The Commodity Board is responsible for hiring an executive manager.
(2) The executive manager may be appointed or elected by the members of the
Commodity Board to serve as secretary, treasurer or secretary treasurer of the
Commodity Board.
(3) If appointed as an officer of the Commodity Board, the executive manager may
attend but is not entitled to vote at meetings of the Commodity Board.
Duties of Commodity Board chair
22 (1) The chair of the Commodity Board must preside over all meetings of the
Commodity Board, annual general meetings, special meetings of licensed producers
and meetings of the Commodity Board executive.
(2) The chair is an ex officio member of all standing and special committees.
(3) The chair must perform all duties that usually pertain to the office of chair.
(4) The chair must represent the Commodity Board in all of its regular transactions,
except those for which another person has been elected.
Duties of Commodity Board vice-chair
23 (1) In the absence of the chair, the vice-chair of the Commodity Board must preside at
all meetings of the Commodity Board, annual general meetings, special meetings of
licensed producers and meetings of the Commodity Board executive.
(2) The vice-chair must perform all duties that usually pertain to the office of vice-chair
or that are assigned by the chair or the executive.
Commodity Board Operating Procedures
Calling Commodity Board meetings
24 (1) The Commodity Board must meet at least quarterly and otherwise as the business of
the Commodity Board requires or as required by this Plan.
(2) A meeting of the Commodity Board
(a) may be called by the secretary, the executive manager, the chair or any 3
members of the Commodity Board; or
(b) may be held without notice at the close of an annual general meeting.
Notice of Commodity Board meetings
25 (1) Notice to members of a Commodity Board meeting called
(a) by the chair, secretary or executive manager must be given at least 3 days
before the date of the meeting;
(b) by 3 members of the Commodity Board must be given at least 7 days before
the date of the meeting.
(2) Notice of a Commodity Board Meeting must be given in writing and must specify
the time and place of the meeting, and by whom it is called.
If Chair absent from Commodity Board meeting
26 If the chair is absent from a meeting of the Commodity Board, 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.
Voting at Commodity Board meetings
27 (1) Each member, including the chair, is entitled to 1 vote at meetings of the Commodity
Board.
(2) If there is a tied vote, the chair does not have a second vote and the motion is
considered to have been defeated.
Quorum at Commodity Board meeting
28 Four members of the Commodity Board constitute a quorum at a meeting of the
Commodity Board.
Body corporate activity
29 The Commodity Board may do any acts and things that are incidental to, conducive to, or
consequential to the operations of the Commodity Board as a body corporate.
Irregularity does not invalidate Commodity Board action
30 Despite an irregularity in the appointment, election or qualification of a member, every act
of the Commodity Board is as valid as if the member were duly appointed, elected or
qualified.
Financial reporting of the Commodity Board
31 (1) In this Section, “public accountant” means a public accountant licensed under the
Public Accountants Act.
(2) Unless otherwise decided by the Commodity Board, the fiscal year of the
Commodity Board is from January 1 to December 31 in each year, inclusive of both
dates.
(3) The Commodity Board must keep proper books of account and, for each fiscal year,
prepare financial statements to be audited or reviewed in accordance with subsection
(4).
(4) The licensed producers must appoint an independent public accountant at each
annual general meeting to hold office until the next annual general meeting, and
must direct the accountant to do 1 of the following in relation to the Commodity
Board’s financial statements:
(a) for a fiscal year that ends with an even number, conduct an audit engagement;
(b) for a fiscal year that ends with an odd number, conduct an audit engagement or
a review engagement.
(5) The Commodity Board may engage an independent public accountant to audit the
Commodity Board’s books of account at any time.
(6) Any audit or review directed by the licensed producers under subsection (4) or the
Commodity Board under subsection (5) must be carried out in accordance with the
generally accepted auditing standards set out in the CPA Canada Handbook -
Assurance, as amended from time to time.
(7) No later than 3 months after the end of each fiscal year, the Commodity Board must
send all of the following to the Council:
(a) the financial report for the fiscal year from the Commodity Board executive,
including all of the following:
(i) a copy of the audited or reviewed financial statements for the fiscal year,
consisting of a balance sheet and a statement of income and
expenditures,
(ii) for a fiscal year that ends with an even number, the independent public
accountant’s audit report,
(iii) for a fiscal year that ends with an odd number,
(A) if an audit engagement has been conducted, the independent public
accountant’s audit report, or
(B) if a review engagement has been conducted, the independent public
accountant’s review engagement report;
(b) the annual report of the Commodity Board detailing its operations for the fiscal
year.
(8) The Commodity Board must present all of the items listed in subsection (7) at the
annual general meeting following the end of each fiscal year.
Copies of orders, directions and determinations
32 (1) A copy of every order, direction and determination of the Commodity Board and a
copy of the minutes of every meeting of the Commodity Board must be sent to the
Council.
(2) On request, the Commodity Board must make a copy of any order, direction or
determination available to a licensed producer who is in good standing on the
records of the Commodity Board.
Commodity Board regulations must be presented to licensed producers
33 Any regulations or changes to regulations made by the Commodity Board under authority
delegated to it by the Council under subsection 6(2) or clause 11(d) of the Act must be
presented for information and discussion purposes at a special meeting of licensed
producers or at the annual general meeting, either before or after the regulations or
changes to regulations are made by the Commodity Board, but before they are approved by
the Council.
Licensed Producers’ Meetings
Calling meetings of licensed producers
34 (1) No later than 4 months after the end of the Commodity Board’s fiscal year, the
licensed producers must hold an annual general meeting at the time and place
prescribed by the Commodity Board.
(2) The Commodity Board must call a special meeting of licensed producers if it
receives a written request for a special meeting from at least 50% of the licensed
producers stating the purpose of the request.
(3) A special meeting of licensed producers must be held at a place in the regulated area
that the Commodity Board considers appropriate and on a date that is no later than
60 days after the date on which the request for the special meeting was received.
(4) The Commodity Board may call any other meetings or special meetings of licensed
producers as the Commodity Board considers appropriate.
Quorum at meetings of licensed producers
35 Twenty percent plus 4 of the licensed producers in good standing in any given year
constitutes a quorum at any annual general meeting or special meeting of the licensed
producers.
Notice of meetings of licensed producers
36 Notice of an annual general meeting or a special meeting of the licensed producers must be
given to licensed producers at least 10 days before the date of the meeting.
Voting at meetings of licensed producers
37 A licensed producer has 1 vote at any meeting of licensed producers, and the vote may be
assigned in writing to a proxy.
Mandatory business at annual general meeting
38 In addition to any other business, all of the following must be presented and dealt with by
licensed producers at an annual general meeting:
(a) the annual report of the Commodity Board;
(b) the financial report and all included documentation received from the
Commodity Board executive in accordance with clause 31(7)(a);
(c) nominating auditors.
Transitional Provisions
Members of previous Commodity Board hold office until 2009 election
39 (1) In this Section, “previous Commodity Board” means the Commodity Board
constituted under the Pork Marketing Plan, N.S. Reg. 151/2005, made by the
Governor in Council by Order in Council 2005-317 dated July 21, 2005.
(2) The members of the previous Commodity Board are hereby named as members of
the Commodity Board, to hold office until the new members assume office in the fall
of 2009 after being elected, acclaimed or appointed in accordance with this Section.
Staggered terms for members taking office in 2009
40 Despite Section 6, the terms of office for members assuming office in 2009 are staggered
as follows:
(a) the terms of 2 of the members expire in 2012;
(b) the terms of 2 of the members expire in 2011; and
(c) the term of 1 of the members expires in 2010.
Procedure for 2009 election
41 (1) The 2009 election must be held in accordance with this Plan, but with all of the
following modifications and any additional modifications that the Commodity Board
considers necessary:
(a) if the number of candidates is 5 or less, the ballots used in the election must list
(i) any candidates who are elected by acclamation under subsection 10(1),
and
(ii) any candidates who are appointed by the Commodity Board under
subsection 10(2);
(b) each voter must vote by writing
(i) “3” beside the name of each of the 2 candidates whom the voter wishes
to serve for a term of 3 years,
(ii) “2” beside the name of each of the 2 candidates whom the voter wishes
to serve for a term of 2 years, and
(iii) “1” beside the name of each candidate whom the voter wises [wishes] to
serve for a term of 1 year;
(c) a ballot that is not completed in accordance with clause (b) must be rejected
and kept separate with other ballots rejected under [clause] 15(2)(c);
(d) a score for each candidate must be calculated by totaling the numbers beside
the name of the candidate on all of the ballots;
(e) each candidate must be designated in accordance with the score calculated
under clause (d) so that the candidate receiving the highest score is designated
as Member 1, the candidate receiving the 2nd-highest score is designated as
Member 2, the candidate with the 3rd-highest score is designated as Member 3,
and so on until all positions have been designated.
(2) The terms of office for Members 1 through 5 as designated under clause (1)(e) are as
set out in the following table:
Member Designation
|
Year Term Expires
|
1
|
2012
|
2
|
2012
|
3
|
2011
|
4
|
2011
|
5
|
2010
|
(3) In the event of a tie score, the longest term of office must be determined by random
draw.
Legislative History
Reference Tables
|
Pork Marketing Plan Regulations
|
N.S. Reg. 342/2009
|
|
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
Pork Marketing Plan Regulations made
under the Natural Products Act includes all of the following regulations:
|
|
|
|
|
|
342/2009
|
Dec 21, 2009
|
date specified
|
Jan 15, 2010
|
|
174/2017
|
Dec
12, 2017
|
date
specified
|
Jan 5,
2018
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The
following regulations are not yet in force and are not included in the current
consolidation:
*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
|
|
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31......................................................
|
rs. 174/2017
|
|
38(b).................................................
|
rs. 174/2017
|
|
|
|
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
|
|
|
|
|
1
|
The Public Accountants Act referred to in s. 31
is repealed by s. 34 of the Financial Measures (2019) Act, S.N.S.
2019, c. 4. Refer to the Chartered
Professional Accountants Act, S.N.S. 2015, c. 55 for continued licensing
of public accountants.
|
Sep 1, 2019
|
|
|
|
|
|
|
|
|
Repealed and Superseded:
|
|
|
|
|
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46/1966
|
Nova
Scotia Hog Marketing Plan
|
Nov
15, 1966
|
Nov
23, 1982
|
|
240/1982
|
Nova
Scotia Hog Marketing Plan
|
Nov
23, 1982
|
Aug 9,
1983
|
|
174/1983
|
Nova
Scotia Pork Marketing Plan
|
Aug 9,
1983
|
Mar
13, 1990
|
|
97/1990
|
Nova
Scotia Pork Marketing Plan
|
Mar
13, 1990
|
Jul
21, 2005
|
|
151/2005
|
Pork
Marketing Plan
|
Jul
21, 2005
|
Dec
21, 2009
|
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.