Egg Farmers of Nova Scotia Egg Regulations
made under subsection 9(1) of the
Natural Products Act
R.S.N.S. 1989, c. 308
N.S. Reg. 325/2022 (effective December 13, 2022)
amended to N.S. Reg. 184/2023 (effective November 1, 2023)
Citation
1 These regulations may be cited as the Egg Farmers of Nova Scotia Egg Regulations.
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
Interpretation
Written notice
Licensing
Licences
Licence exceptions
Licence application
Application information
Issuing licence
Form of licence
Suspending, revoking, or refusing to renew a licence
Grader and Processor Licences
Grader licence required
Grader licence requirements
Processor licence requirements
Specialty Licence Production
Licence eligibility
Specialty licence application
Review of specialty licence applications
Issuing specialty licences
Selection process for new specialty licences
Notification of specialty licence
Renewal of specialty licence
Requirements for specialty production
Specialty licensee rights
Specialty licence and egg quota transfers
Heritage Licence
Heritage licence eligibility
Heritage licence additional application requirement
Heritage licence production
Heritage rights
Producer Licences
Producer licence applications
Producer licence transfers
Production requirements
Overhousing penalty
Layer replacement
Using egg quota as security
Producer licensee entitlement
Egg Quota
Egg quota required
Quota limits
Calculating placement egg quota and unplaceable egg quota for producer licensee
Egg quota certificate and egg quota leasing certificate
Allotting egg quota
Board leasing egg quota to producer licensees
Egg quota transfer between producers
Producer leasing egg quota to another producer
Egg quota for specialty licensees
Board leasing increase to specialty licensee
Levies
Levy period
Levy required
Procedure for hearing
Levy abatement
Pricing
Minimum producer price
Market producer price adjustment
Eligibility for enriched producer price
Reporting and Records
Bird inventory report
Producer licensee weekly grading and marketing reports
Quarterly grading and marketing report
Grading station report
Records
Inspection
Animal Care and On Farm Food Safety
Animal Care Program
Start Clean Stay Clean Program
Transition
Transitional
Interpretation
2 (1) In these regulations,
“Act” means the Natural Products Act;
“Animal Care Program” means the Animal Care Program established by the Egg
Farmers of Canada, as amended from time to time;
“associated persons” means persons that are any of the following:
(i) members of the same immediate family,
(ii) trustees, personal representatives or beneficiaries of the same trust or
estate,
(iii) 1 of them is a donor of a power of attorney and the other is the
attorney,
(iv) 1 of them is a corporation and the other is an officer, director or
shareholder of the corporation,
(v) 1 of them is a partnership and the other is a partner in the partnership,
(vi) 1 of them is a trust or corporation that owns shares of a corporation
or has an interest in a partnership and the other is that corporation or
partnership,
(vii) each of them is a corporation, partnership or trust and they are all
controlled directly or indirectly by the same person;
“Canadian Egg Marketing Agency” means the Canadian Egg Marketing Agency
established under the Farm Products Agencies Act (Canada);
“certified enriched housing” means housing that has been certified by Egg Farmers
of Canada as meeting all final housing requirements for enriched cages in the Code
of Practice for the Care and Handling of Pullets and Laying Hens;
“Code of Practice for the Care and Handling of Pullets and Laying Hens” means
the Code of Practice for the Care and Handling of Pullets and Laying Hens as
established by the National Farm Animal Council, as amended from time to time;
“commercial pullet quota” means commercial quota as defined in the Egg Farmers
of Nova Scotia Pullet Regulations for the production and marketing of pullets;
“commercial pullet quota holder” means a commercial pullet producer who holds
commercial pullet quota under the Egg Farmers of Nova Scotia Pullet
Regulations;
“conventional housing” means housing that meets the conventional cage
requirements in the Code of Practice for the Care and Handling of Pullets and
Laying Hens;
“Egg Farmers of Canada” means the trade name for the Canadian Egg Marketing
Agency established under the Farm Products Agencies Act (Canada);
“egg quota” means the maximum number of layers that the holder is entitled to use
in producing eggs;
“enriched differential amount” means the difference between the certified enriched
housing cost of production and the conventional housing cost of production, as
determined by the Egg Farmers of Canada from time to time;
“enriched producer price” means the producer price plus the enriched differential
amount;
“facility” means the building, land, fixture or laying facility used by a person for
egg production, grading or processing, or pullet production;
“Federal-Provincial Agreement” means the agreement respecting the revision and
consolidation of the comprehensive egg marketing program for the purpose of
regulating and marketing eggs in Canada, as amended from time to time, and as
authorized by Order in Council P.C. 1976-1979;
“final housing requirements for enriched cages” means the final housing
requirements for enriched cages established in the Code of Practice for the Care
and Handling of Pullets and Laying Hens;
“Force Majeure” means an extraordinary event, including, but not limited to, a
natural disaster, a fire, or a severe illness, in which a producer was unable to
prevent or protect against by the exercise of reasonable diligence at a reasonable
cost;
“free range”, in relation to an egg, means an egg produced in free range housing;
“free range housing” means a free run housing system where laying hens may
roam freely and have access to an outdoor enclosed pasture or range area when
weather permits;
“free run”, in relation to an egg, means an egg produced in free run housing;
“free run housing” means a housing system where the laying hens roam freely
inside a laying facility;
“grade” means sorting and classifying eggs;
“grader” means a person designated as a grader under subsection 13(3) of the
Canadian Food Inspection Agency Act;
“grader licence” means a licence issued by the Board that allows the holder to
grade eggs;
“grading station” means a facility where a grader licensee washes, grades, packs,
offers for sale, sells, stores, transports or markets eggs;
“hatchery” means a hatchery for which a permit to operate a hatchery has been
issued by the Minister of Agriculture and Agri-Food (Canada) under the Hatchery
Regulations made under the Health of Animals Act (Canada);
“house” means to provide layers with shelter;
“housing system” means the type of housing utilized for housing layers inside a
laying facility, and for a free range housing system, includes an outdoor enclosed
pasture or range area;
“immediate family” of an individual means the individual’s spouse, parent, child
and grandchild and the spouse of any parent, child or grandchild of the individual;
“interest in egg quota” means a legal or beneficial interest of a person in egg quota,
as described in subsection (2);
“layer” means a laying hen;
“laying facility” means an area within a facility that is used to shelter layers;
“laying hen” means a hen that is 19 weeks of age or older;
“market producer price” means the producer price plus an adjustment amount, as
determined by the Board each year, to be paid to producers by grader licensees for
ungraded eggs;
“market producer price adjustment” means the difference between the producer
price and the market producer price;
“non-commercial pullet quota holder” means a pullet producer that holds
non-commercial pullet quota under the Egg Farmers of Nova Scotia Pullet
Regulations;
“organic”, in relation to the production of an egg, means organic product as
certified under the Safe Food for Canadians Regulations (Canada);
“parcel of land” means an area of land that may be owned in fee simple absolute,
and includes any facilities located on the area of land;
“person” means any of the following:
(i) a natural person,
(ii) a corporation,
(iii) a partnership,
(iv) a trust or estate;
“placement egg quota” means that part of egg quota allotted to a producer licensee
which the Board allows the licensee to house in their housing system;
“Plan” means the Egg Farmers of Nova Scotia Marketing Plan;
“pro rata” means proportionate;
“Pullet Placement Permit” means a permit, issued to a producer by the Board,
authorizing the producer to order pullets or layers;
“resident in the Province” or “resident of the Province”, in relation to a
corporation, means that the voting shares of the corporation are owned by
shareholders who are resident in the Province;
“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);
“specialty eggs” means any of the following types of eggs:
(i) free run,
(ii) free range,
(iii) organic eggs,
(iv) any other type of egg designated by the Board as a specialty egg;
“Specialty Licence Quota Pool” means egg quota designated by the Board to be
used for egg quota leases to specialty licensees;
“Start Clean Stay Clean Program” means the Start Clean Stay Clean Program™
established by the Canadian Egg Marketing Agency, as amended from time to
time;
“total provincial allotment of egg quota” means Nova Scotia’s share of the national
egg quota as established by the Federal-Provincial Agreement;
“transfer” means a change in legal or beneficial ownership, and in relation to egg
quota, includes all of the following:
(i) any transfer from one person to another person,
(ii) any change in the shareholders or beneficial shareholders of a
corporation,
(iii) any change in the partners of a partnership,
(iv) any change in the income beneficiaries or capital beneficiaries of a
trust, whether the change occurred before or after the final
distribution of that trust,
(v) any change other than those listed in subclauses (i) to (iv) that results
in a person acquiring or disposing of an interest in egg quota or that
otherwise affects a person’s interest in egg quota;
“unlicensed person” means a person who is not required to hold a licence from the
Board to produce eggs under Section 5; and
“unplaceable egg quota” means egg quota allocated to a producer licensee which
the Board does not allow the producer to house due to housing density
requirements set out in the Animal Care Program.
(2) A person has an interest in egg quota if that person is any of the following:
(a) a person that has a direct interest in egg quota, or has an interest in egg
quota through a series of associated persons with direct or indirect
ownership interests in one another;
(b) a shareholder of a corporation that has an interest in egg quota;
(c) a partner in a partnership that has an interest in egg quota;
(d) a trustee or beneficiary of a trust that has an interest in egg quota;
(e) a personal representative or a beneficiary of an estate that has an interest in
egg quota.
(3) Unless a different definition for the same term is set out in subsection (1),
definitions in the Plan apply to these regulations.
Written notice
3 (1) In these regulations, unless otherwise specified, written notice means a written
communication that is sent by one of the following methods:
(a) registered mail;
(b) courier;
(c) letter mail;
(d) email.
(2) If written notice is sent by registered mail, the notice is deemed to be received on
the 5th business day after it was postmarked, or accepted, by Canada Post.
Licensing
Licences
4 The Board may issue the following types of licences in accordance with these
regulations:
(a) producing licence which includes
(i) producer licence,
(ii) specialty licence,
(iii) heritage licence;
(b) marketing licence which includes
(i) processor licence,
(ii) grader licence.
Licence exceptions
5 (1) Despite Section 20 of the Plan, a person is exempted from the requirement to hold
a licence to produce eggs if they produce eggs using 200 or fewer layers in a year.
(2) For the purposes of subsection (1), in determining a person’s egg production for a
year, the egg production of an unlicensed person is deemed to include any licensed
or unlicensed egg production of that person’s spouse, common-law spouse, or
registered domestic partner.
(3) An unlicensed person may produce eggs only in a facility owned or leased by that
person, and an unlicensed person must not house any layers in a facility that the
unlicensed person does not own or lease.
(4) No parcel of land may be used by one or more unlicensed persons for unlicensed
production of eggs using more than 200 layers in a year.
(5) No parcel of land may be used for any combination of licensed and unlicensed
production of eggs.
Licence application
6 A person may apply to the Board for a licence or a renewal of a licence by completing an
application in the form and the manner determined by the Board.
Application information
7 (1) An application must include all of the following information:
(a) the type of application, as one of the following:
(i) new licence,
(ii) renewal of licence;
(b) the type of licence applied for;
(c) the date of application;
(d) the name and civic address of the applicant, and the location and a
description of the applicant’s facilities;
(e) the applicant’s mailing address, if different than civic address;
(f) the applicant’s fax number, if any;
(g) the applicant’s email address, if any.
(2) Upon review of an application, the Board may request, and if requested, the
applicant must provide to the Board, information regarding the applicant’s
experience, equipment or financial ability.
Issuing licence
8 (1) The Board must issue or refuse to issue a licence to an applicant within 90 days of
the date of receipt of the application by the Board.
(2) The Board may refuse to issue a licence
(a) if the application does not include all required information and all applicable
fees;
(b) if the applicant, in the Board’s opinion, lacks the experience, equipment or
financial ability to engage in the activity to which the application relates; or
(c) if, in the Board’s opinion, the issuance of a licence to the applicant is not in
the best interests of the egg industry in the Province.
Form of licence
9 (1) A licence must include all of the following information:
(a) the type of licence;
(b) the licensee’s name and address;
(c) the term of the licence, including the effective date and expiry date;
(d) the issue date of the licence;
(e) the licence number.
(2) The Board may issue a licence subject to any term or condition that the Board
considers appropriate, provided that the term or condition is a requirement of the
Act, Plan or applicable regulations made under the Act.
(3) A licence issued by the Board expires on December 31 of the year in which it is
issued unless renewed by the Board prior to its expiration.
(4) The General Manager of the Board must sign a licence that is issued by the Board.
Suspending, revoking, or refusing to renew a licence
10 (1) If a licensee violates the Act, the Plan, an applicable regulation made under the
Act, or a term or condition of their licence, or the licensee is insolvent, the Board
may refer the matter to the Council for a decision on suspending, revoking or
refusing to renew their licence under Section 10 of the Act.
(2) The Board must provide written notice to the licensee who is the subject of a
referral of a matter to the Council under subsection (1).
(3) The Board must send the written notice required by subsection (2) to the licensee
by one of the following methods:
(a) registered mail;
(b) courier;
(c) email.
Grader and Processor Licences
Grader licence required
11 A person must possess a grader licence to grade eggs at a grading station.
Grader licence requirements
12 A grader licensee must be licensed to grade eggs under the Safe Food for Canadians Act
(Canada).
Processor licence requirements
13 A processor licensee must be licensed to process eggs under the Safe Food for
Canadians Act (Canada).
Specialty Licence Production
Licence eligibility
14 (1) Subject to subsection (2), a person is eligible to apply for a specialty licence if the
person is all of the following:
(a) the age of majority;
(b) a Canadian citizen;
(c) a resident of the Province;
(d) primarily responsible for the production of eggs under the proposed licence.
(2) A person is not eligible to apply for a specialty licence if the person is any of the
following:
(a) a child, spouse, common-law spouse, or registered domestic partner of a
present or former egg 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 quota;
(c) a current or former holder of any type of quota under the Act, or the Dairy
Industry Act, or similar legislation in other provinces of Canada.
Specialty licence application
15 In addition to the information required for an application under Section 7, an application
for a specialty licence must include all of the following information:
(a) a business plan for producing and supplying the commercial retail market
with specialty eggs;
(b) evidence 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;
(c) an application fee of $250.00 payable to the Board, but the Board must
return the fee if the application is rejected;
(d) a declaration that the applicant will not commence production before
obtaining Salmonella enteritidis insurance in compliance with these
regulations;
(e) the applicant’s province of residence, and if the applicant is a corporation, a
statutory declaration confirming that the corporation is resident in the
Province.
Review of specialty licence applications
16 The Board may designate a person to review applications for specialty licences.
Issuing specialty licences
17 In addition to the reasons set out in Section 8, the Board may refuse to issue a specialty
licence in either of the following circumstances:
(a) the Board determines there is insufficient egg quota available in the
Specialty Licence Quota Pool to support additional specialty licences at that
time;
(b) the Board determines that it is not in the best interests of the industry to
issue additional specialty licences at that time.
Selection process for new specialty licences
18 If, at any time, the Board decides to issue additional specialty licences in a number less
than the number of eligible applicants, an applicant that meets the eligibility
requirements under Section 14 will be entered in a random draw, administered by the
Board, to determine one or more successful specialty licensees.
Notification of specialty licence
19 (1) Upon determining a successful applicant for a specialty licence, the Board must
issue a conditional specialty licence to the applicant, conditional upon the Board
receiving written confirmation from the applicant of both of the following:
(a) that the applicant is ready to begin production of specialty eggs, provided
that the confirmation is received within 18 months of the date of the
specialty licence;
(b) that the applicant is compliant with the Plan, these regulations, and any
applicable order of the Board or the Council.
(2) Upon the Board receiving written confirmation that the applicant has met the
requirements in clauses (1)(a) and (1)(b), the Board must issue a specialty licence
to the applicant.
Renewal of specialty licence
20 In addition to the reasons set out in Section 10, if a specialty licensee did not produce
eggs in the year in which a renewal of their specialty licence is requested, the Board may
refer the matter to Council for a decision on refusing to renew the specialty licence.
Requirements for specialty production
21 (1) A specialty licensee may produce only specialty eggs.
(2) A specialty licensee must adhere to the applicable housing density standards set out
in the Animal Care Program.
(3) A specialty licensee must not produce eggs within 5 kilometres of the facility of
any producer licensee or other specialty licensee.
(4) A specialty licensee is authorized to produce eggs only in accordance with egg
quota leased to the licensee by the Board under Section 43.
(5) A specialty licensee must not cease production of specialty eggs for more than 18
months without the prior written approval of the Board.
(6) A specialty licensee must obtain Salmonella enteritidis insurance from an
insurance provider approved by the Board, and must provide proof of insurance to
the Board, prior to commencing specialty egg production.
Specialty licensee rights
22 A specialty licence does not entitle the holder to do any of the following:
(a) vote in a Board election;
(b) vote at a producer meeting;
(c) become a member of the Board.
Specialty licence and egg quota transfers
23 A specialty licensee is not entitled to transfer their licence, or their leased egg quota, for
specialty production unless approved by the Board and all of the following apply:
(a) the transferee is either the spouse or child of the specialty licensee;
(b) the transferee agrees to produce eggs under the terms and conditions
established by the licence, including producing eggs in the same quantities
in the same facility;
(c) the transferee is a resident of the Province.
Heritage Licence
Heritage licence eligibility
24 Only those persons that have produced and marketed eggs in the Province without
holding egg quota in every year since July 25, 1984[,] are eligible for a heritage licence.
Heritage licence additional application requirement
25 (1) Except as provided in subsection (2), in addition to the application requirements
set out in Section 7, an applicant for an initial heritage licence must provide the
Board with a statutory declaration that the applicant has produced and marketed
eggs in the Province without holding egg quota in every year since July 25, 1984.
(2) An applicant that has produced and marketed eggs in the Province without holding
egg quota in every year since July 25, 1984, and has been recognized by the Board
as having done so under any previous Nova Scotia Egg Producers’ Egg
Regulations before April 27, 2020, is not required to provide the Board with a
statutory declaration under subsection (1).
Heritage licence production
26 (1) The Board must set production amounts for a heritage licence and must include
that production amount in the licence.
(2) A heritage license must not exceed 499 layers in a year.
(3) A heritage licensee must produce eggs only in a facility that is owned or leased by
the licensee.
(4) A heritage licensee must adhere to the applicable housing density standards set out
in the Animal Care Program.
Heritage rights
27 (1) A heritage licence is not eligible to be transferred or assigned.
(2) A heritage licence does not entitle the holder to
(a) hold egg quota;
(b) vote in a Board election;
(c) vote at a producer meeting; or
(d) become a member of the Board.
Producer Licences
Producer licence applications
28 (1) In addition to the information required under Section 7, an applicant for a producer
licence must include in their application:
(a) all of the following information:
(i) the type of housing system for the layers,
(ii) the number of layers to be housed,
(iii) the source of layers,
(iv) the prospective egg grader,
(v) the spent fowl removal arrangements,
(vi) confirmation that the applicant is a resident of the Province, and, if
the applicant is a corporation, a statutory declaration confirming that
the corporation is resident in the Province;
(b) a declaration that the applicant understands, and will comply with, the
Animal Care Program and the Start Clean Stay Clean Program; and
(c) a declaration that the applicant will not commence production before
obtaining Salmonella enteritidis insurance in compliance with these
regulations.
(2) In addition to the reasons set out in Section 8, the Board may refuse to issue a
producer licence in any of the following circumstances:
(a) the Board determines the applicant has no reasonable opportunity to obtain
egg quota during the term of the licence;
(b) the Board determines that it is not in the best interests of the industry to
issue additional producer licences at that time.
(3) In addition to the reasons set out in Section 10, the Board may request permission
from Council to refuse to renew a producer licence if the licensee has any
outstanding levy payments as calculated under Section 46.
Producer licence transfers
29 (1) A producer licence must not be transferred to another person by the licensee unless
the Board approves the transfer.
(2) The Board must not approve the transfer of a producer licence if the transferee is
not a resident of the Province.
Production requirements
30 (1) A producer licensee is authorized to produce eggs only in accordance with the egg
quota issued or leased to that licensee.
(2) A producer licensee must produce eggs only in a facility that is owned or leased by
the licensee.
(3) A producer licensee must adhere to the applicable housing density standard set out
in the Animal Care Program.
(4) A producer licensee must obtain Salmonella enteritidis insurance from an
insurance provider approved by the Board, and must provide proof of insurance to
the Board, prior to commencing production.
Overhousing penalty
31 (1) A producer licensee must not house more layers in their facilities than the number
authorized by the Board for the licensee.
(2) A producer licensee is subject to a penalty of $1.00 per layer over the authorized
amount for each week the licensee is in violation of this Section.
Layer replacement
32 (1) A producer licensee who orders pullets from a hatchery or a commercial pullet
quota holder must provide the Board with all the following information prior to the
expected hatch date for the pullets:
(a) the producer licensee’s name and quota registration number;
(b) the name and address of the commercial pullet quota holder or the
non-commercial pullet quota holder;
(c) the identification number of the facility in which the pullet will be placed,
and the pullet quota associated with that facility;
(d) the name and address of the pullet hatchery;
(e) the number and type of pullets ordered, including their breed and colour;
(f) the expected hatch date for the pullets;
(g) the date the pullets turn 19 weeks old.
(2) A producer licensee must obtain a Pullet Placement Permit from the Board before
the pullets hatch.
(3) The Board may issue a Pullet Placement Permit to a producer licensee who is in
compliance with these regulations and submits all the information required under
subsection (1) to the Board.
(4) A Pullet Placement Permit must include all of the information in clauses (1)(a)
to (g).
Using egg quota as security
33 (1) A producer licensee may apply to the Board to use their egg quota, in whole or in
part, as security for a loan by submitting an application in a form determined by the
Board.
(2) The Board may approve an application under this Section if the applicant submits
all required information under subsection (1) and is in compliance with these
regulations.
(3) The Board must provide the applicant with written notice of the Board’s decision
under subsection (2).
(4) A lender who forecloses on a loan must apply to the Board to do either of the
following:
(a) transfer egg quota to one or more producer licensees, but the lender must
follow all applicable rules for such transfers set out in Section 41;
(b) lease egg quota to a producer licensee, but the lender may lease the egg
quota only once and must follow all requirements for such leases set out in
Section 42.
(5) A lender must pay the Board any costs incurred by the Board in administering a
transaction under this Section.
Producer licensee entitlement
34 A producer licensee who holds egg quota is entitled to do any or all of the following:
(a) vote in a Board election;
(b) vote at a producer meeting;
(c) become a member of the Board.
Egg Quota
Egg quota required
35 A person must have a producer licence or a specialty licence to hold or lease egg quota.
Quota limits
36 (1) Except as provided in subsection 39(3), a producer licensee may not hold more
than 125,000 units of egg quota, unless the licensee held more than 125,000 units
before April 27, 2020, in which case that licensee may continue to hold that
amount of egg quota.
(2) In determining a producer licensee’s egg quota under subsection (1), the licensee’s
egg quota includes all of the following:
(a) if the licensee is a natural person, egg quota held by the natural person;
(b) if the licensee is a partner in a partnership that holds egg quota, the egg
quota held by the partnership in which the producer licensee is a partner and
held collectively by each of the partners;
(c) if the licensee is a shareholder of a corporation, the egg quota held by the
corporation in which the producer licensee owns shares;
(d) if the licensee is a trustee or beneficiary of a trust that holds egg quota, the
egg quota held by the trust;
(e) if the licensee is a personal representative or beneficiary of an estate that
holds egg quota, the egg quota held by the estate;
(f) egg quota leased by the licensee under Section 40;
(g) if the licensee has any other direct or indirect interest in an entity holding
egg quota, the egg quota held by the entity.
Calculating placement egg quota and unplaceable egg quota for producer licensee
37 The Board may use the housing density standards in the Animal Care Program to
determine both of the following:
(a) placement egg quota for each of the producer licensee’s facilities;
(b) the total amount of the producer licensee’s unplaceable egg quota, if any.
Egg quota certificate and egg quota leasing certificate
38 (1) An egg quota certificate issued by the Board to each producer licensee must state
(a) the licensee’s egg quota registration number;
(b) total egg quota allotted or leased by the Board to the licensee in accordance
with Section 40;
(c) the placement egg quota for each laying facility used by the licensee;
(d) the amount of unplaceable egg quota held by the licensee, if applicable.
(2) An egg quota leasing certificate issued by the Board to each specialty licensee must
state the total egg quota leased by the Board to the licensee in accordance with
Sections 43 and 44.
Allotting egg quota
39 (1) If the total provincial allotment of egg quota is increased, the Board may allocate
the increase using any or all of the following means:
(a) allocating all or part of the increase to the Specialty Licence Quota Pool, to
be used for specialty production in accordance with Section 43;
(aa) allocating all or part of the increase to producer licensees on a pro rata
basis;
(b) leasing egg quota to each producer licensee in accordance with Section 40;
(c) leasing egg quota to specialty licensees in accordance with Section 44;
(d) retaining all or part of the increase for such period of time and for such use
as determined by the Board to be in the best interest of the egg industry.
(2) If the total provincial allotment of egg quota is decreased, the Board may apportion
the decrease using any or all of the following sources of egg quota:
(a) egg quota that is allocated to the Specialty Licence Quota Pool, but that is
not yet leased to a specialty licensee for production;
(b) egg quota reserved by the Board under clause (1)(d);
(c) egg quota held by producer licensees, but the decrease must be shared by all
producer licensees on a pro rata basis;
(d) egg quota increases leased to specialty licensees in accordance with Section
44, but the decrease must be shared by all specialty licensees leasing an
increase on a pro rata basis.
(3) Despite subsection 36(1), a producer licensee may hold more than 125,000 units of
egg quota if the Board offers an increase of egg quota to producer licensees under
clause (1)(b).
(4) The Board must update an egg quota certificate or quota leasing certificate
whenever a producer licensee’s egg quota or specialty licensee’s leased egg quota
changes, which includes a lease of egg quota from the Board to a producer
licensee, but does not include a lease of egg quota from one producer licensee to
another producer licensee.
Board leasing egg quota to producer licensees
40 (1) If the Board leases egg quota to producer licensees as a result of an increase in the
total provincial allotment of egg quota, the Board must offer the increase on a pro
rata basis to each producer licensee.
(2) A producer licensee is not entitled to lease any amount of egg quota from the
Board that would result in unplaceable egg quota for the producer licensee.
(3) A producer licensee may accept an offer to lease egg quota from the Board by
submitting all of the following within 1 month of receiving the offer:
(a) a deposit, in an amount determined by the Board;
(b) confirmation that the licensee is capable of complying with the housing
density standards after receiving the lease;
(c) confirmation of the total amount of egg quota the licensee is capable of
adding to their operations at that time.
(4) If there is any egg quota remaining after the period in subsection (3) expires, the
Board may do either of the following:
(a) offer the remaining egg quota to all producer licensees who are capable of
housing additional egg quota on a pro rata basis; or
(b) retain the egg quota in accordance with clause 39(1)(d).
(5) If a producer licensee is unable to house their full share of an egg quota lease
offered under subsection (1) because the licensee is incapable of complying with
housing density requirements, the producer licensee may apply to lease that
amount of egg quota in a subsequent year, unless the Board has already issued that
egg quota to another producer licensee under subsection (9).
(6) The producer licensee must pay a fee for leasing egg quota from the Board of
$0.00 per unit of egg quota.
(7) The term of any egg quota lease under this Section is a maximum of 56 weeks, but
a producer licensee may apply to the Board to renew the lease for additional terms.
(8) The Board may refuse to renew a lease if the producer licensee has not
commenced production of eggs under the lease or has ceased producing eggs under
the lease.
(9) If a producer licensee’s lease is renewed for 5 or more consecutive terms, that
producer licensee may apply to the Board, in a form approved by the Board, to be
issued the egg quota from the lease.
Egg quota transfer between producers
41 (1) A producer licensee may apply to the Board to transfer all or part of their egg quota
from one laying facility to another owned by the licensee, or to transfer the egg
quota to another producer licensee.
(2) An application under subsection (1) must include all of the following information:
(a) the transferor’s name;
(b) the current and prospective production facilities;
(c) the amount of egg quota to be transferred;
(d) the transfer date;
(e) the name of the transferee and the address of the transferee’s facilities, if the
transfer is to another producer licensee.
(3) The Board must not approve a transfer of egg quota between producer licensees if
the transferee is not a resident of the Province.
Producer leasing egg quota to another producer
42 (1) A producer licensee may apply to the Board to lease their egg quota to another
producer licensee, including a sublease of egg quota that the producer is leasing
from the Board.
(2) An application under subsection (1) must include all of the following:
(a) the lessor and lessee’s names, facility locations, and province of residence;
(b) the amount of egg quota to be leased;
(c) the proposed dates for the lease;
(d) the signatures of the lessor and the lessee.
(3) The Board may approve an application if the lessor and lessee are in compliance
with these regulations.
(4) A lease under this Section must not exceed 56 weeks.
(5) A lessee under this Section is responsible for paying any levies due on the egg
quota during the term of the lease.
(6) A producer licensee may not be a lessor of egg quota on more than three occasions,
unless either of the following apply:
(a) the licensee’s operations are affected by an event of Force Majeure;
(b) the licensee is leasing unplaceable egg quota, in which case the egg quota
holder may lease the unplaceable egg quota without limit up to, and
including, December 28, 2024.
Egg quota for specialty licensees
43 (1) The New Entrant Quota Pool established in the Nova Scotia Egg Producers New
Entrant Program Regulations is hereby continued as the Specialty Licence Quota
Pool.
(2) A New Entrant that has been leased egg quota by the Board prior to April 27,
2020, under the Nova Scotia Egg Producers New Entrant Program Regulations,
provided that the New Entrant meets all of the requirements for a specialty licence
under these regulations, is a specialty licensee under these regulations and
continues to hold the leased egg quota until December 31, 2020.
(3) The Board may lease egg quota in the Specialty Licence Quota Pool to a specialty
licensee.
(4) The Board may lease egg quota to specialty licensees in lots of up to 1500 units of
egg quota.
(5) A lease under this Section expires on December 31 each year, but the Board may
renew the lease annually.
(6) Egg quota that is leased to a specialty licensee from the Specialty Licence Quota
Pool is not subject to any egg quota increases or decreases under these regulations,
except as provided in Section 39.
(7) The Board may stop leasing egg quota to a specialty licensee if the licensee fails to
comply with any term or condition of the licensee’s licence or any applicable
provision of the Act, Plan or these regulations.
(8) In the event that the Board stops leasing egg quota to a specialty licensee under
subsection (7), the egg quota must be returned to the Specialty Licence Quota Pool.
Board leasing increase to specialty licensee
44 (1) In addition to the egg quota leased to a specialty licensee under subsection (2), if
the total provincial allotment of egg quota is increased, the Board may lease a pro
rata share of the egg quota increase to a specialty licensee in accordance with
clause 39(1)(c), based on the specialty licensee’s leased share of the Province’s
total provincial allotment of egg quota.
(2) A specialty licensee may apply to the Board to lease the pro rata share of an egg
quota increase under subsection (1) by submitting a completed application, on a
form approved by the Commodity Board, including all the following information:
(a) the licensee’s name;
(b) the licensee’s address and facilities location;
(c) the amount of egg quota to be leased;
(d) the confirmation that the licensee is capable of complying with the housing
density standards after receiving the lease;
(e) the signature of the licensee.
Levies
Levy period
45 (1) In this Section,
“levy period” means a 4- or 5-week period, the dates for which are established by
the Board; and
“production year” means a period of time established by the Board under
subsection (2) consisting of up to 13 consecutive levy periods.
(2) The Board, in consultation with the Canadian Egg Marketing Agency, may
establish dates for each production year, but no production year may last for more
than 53 weeks.
(3) The Board may determine dates for up to 13 levy periods in a production year.
(4) The Board must issue levy invoices to each specialty licensee, producer licensee,
and heritage licensee on the 1st day of each levy period.
Levy required
46 (1) A licensee must pay the levy invoice issued to the licensee by the Board by the
14th day of each levy period.
(2) The levy for a specialty licensee or a producer licensee for a levy period is
determined by using the following calculation:
A= (((B x C) x D) ÷ 52) x E
in which,
“A” is the levy payable by the licensee to the Board;
“B” is the licensee’s egg quota in units;
“C” is the applicable national rate of lay, as determined by the Canadian Egg
Marketing Agency;
“D” is the levy rate as set out in the Egg Farmers of Nova Scotia Levy Order;
and
“E” is the number of weeks in the levy period.
(3) The levy for a heritage licensee is determined by using the following calculation:
A= (((B x C) x D) ÷ 52) x E
in which,
“A” is the levy payable by the licensee to the Board;
“B” is the number of layers authorized by the Board for production;
“C” is the applicable national rate of lay, as determined by the Canadian Egg
Marketing Agency;
“D” is the levy rate as set out in the Egg Farmers of Nova Scotia Levy Order;
and
“E” is the number of weeks in the levy period.
(4) If a licensee does not pay their levy in accordance with this Section, the Board may
order the grader of the licensee’s eggs to deduct the outstanding amount from the
payment due to the licensee and remit that amount directly to the Board.
(5) If a licensee does not pay a levy within 30 days of the levy being due, the Board
may, after holding a hearing in accordance with Section 47, suspend 1/13th of the
licensee’s egg quota for a period of one year.
(6) If a licensee does not pay a levy within 90 days of the levy being due, the Board
may, after holding a hearing in accordance with Section 47, permanently revoke
1/13th of the licensee’s egg quota for each 30-day period the levy is unpaid.
Procedure for hearing
47 (1) A hearing to be held by the Board, as required by subsection 46(5) or 46(6), before
suspending or permanently revoking a portion of a producer’s licensee’s egg quota,
must proceed in accordance with this subsection.
(2) The Board must provide written notice to the producer licensee of the date, time,
location and reason for the hearing.
(3) The Board must send the written notice required by subsection (2) to the licensee
by one of the following methods:
(a) registered mail;
(b) courier.
(4) A hearing may be held in person, by telephone conference, or by video conference.
(5) The Board must not suspend or permanently revoke a portion of the producer
licensee’s egg quota if, after the hearing for the producer licensee, the Board
determines that
(a) there are exceptional circumstances that justify a decision not to suspend or
permanently revoke a portion of the producer licensee’s egg quota; and
(b) the producer has taken appropriate steps to ensure payment of the overdue
levy to the Board.
Levy abatement
48 (1) In this Section, a “levy abatement” means a reduction in the levy amount a licensee
is required to pay under Section 46 of these regulations.
(2) A producer licensee, specialty licensee or heritage licensee may apply to the Board
for a levy abatement in any of the following circumstances:
(a) the licensee has suffered a loss from a Force Majeure, but the application
for an abatement must occur within one month of the date of the event;
(b) for a planned event, but the application must be approved before the
planned event occurs;
(c) for a partial levy abatement for unplaceable egg quota, at year end.
(3) An application for a levy abatement must include all of the following information:
(a) the licensee’s name;
(b) the reason for the levy abatement request;
(c) the number of layers affected;
(d) the dates for the abatement;
(e) any additional information required by the Board.
(4) The Board may impose or include a mandatory production downtime period, prior
to, or during, a levy abatement period.
(5) The Board may approve an application if the applicant is in compliance with these
regulations and submits all information required by this Section.
(6) The Board must provide written notice of the Board’s decision to the applicant.
Pricing
Minimum producer price
49 (1) In this Section,
“minimum producer price” means the minimum price to be paid by a grader
licensee to a producer for eggs of any variety, class or grade; and
“producer” includes a producer licensee, heritage licensee, and specialty licensee.
(2) The Board must establish the minimum producer price, the market producer price,
and the enriched producer price, and provide written notice of the prices to all of
the following:
(a) producer licensees;
(b) specialty licensees;
(c) heritage licensees;
(d) grader licensees;
(e) the Council.
(3) A producer must not sell eggs to a grader licensee, and a grader licensee must not
purchase eggs from a producer, for a price that is less than the market producer
price.
(4) A producer must not market eggs with any other product or service at a combined
price.
(5) A grader licensee must not accept eggs from a producer unless the grader pays the
producer a price that is not less than the market producer price.
(6) A grader licensee must not impose any direct or indirect costs on a producer when
purchasing eggs from the producer, including costs incurred by the grader licensee
in transporting the eggs or the cost of egg packing materials supplied by the grader
licensee.
Market producer price adjustment
50 (1) All producers must remit to the Board, in the manner and within the time period
established by the Board, the market producer price adjustment on all production,
other than production from free range housing or free run housing.
(2) If a producer does not pay the market producer price adjustment to the Board under
subsection (1) within 30 days of the date it becomes due, the Board may suspend
1/13th of the producer’s egg quota for a period of one year for each market
producer price adjustment installment not paid by the producer.
(3) If a producer does not pay the market producer price adjustment to the Board under
subsection (1) within 90 days of the date it becomes due, the Board may
permanently revoke 1/13th of the producer’s egg quota for each marketing
producer price adjustment installment not paid by the producer.
Eligibility for enriched producer price
51 Only eggs produced in certified enriched housing will be eligible for the enriched
producer price.
Reporting and Records
Bird inventory report
52 (1) In this Section,
“19-week date” means the date a layer turns 19 weeks old;
“bird inventory period” means a four-week period for dates established by the
Board; and
“bird inventory report” means a report identifying a specialty licensee, producer
licensee or heritage licensee’s inventory of layers and pullets.
(2) A specialty licensee, producer licensee or heritage licensee must submit bird
inventory reports to the Board on dates determined by the Board.
(3) The Board must send written notice of the dates for submission of the bird
inventory reports to the licensees.
(4) A bird inventory report for each bird inventory period must include all of the
following information:
(a) licensee’s name and licence number;
(b) submission date for the report;
(c) information on the licensee’s layers, including
(i) the facility and the Pullet Placement Permit number for the layers,
(ii) the 19-week date for the layers,
(iii) layer mortality,
(iv) number of layers disposed of, including the person taking ownership
of the layers and the method of disposing of the layers,
(v) date of disposal, and
(vi) number of layers at the end of each bird inventory period;
(d) for a commercial pullet quota holder or non-commercial pullet quota holder,
information on the licensee’s pullets, including
(i) the facility in which the pullets are housed,
(ii) the hatchery and hatch date for the pullets, and
(iii) details of any pullets that have been ordered by the licensee but not
received as of the end of a period.
Producer licensee weekly grading and marketing reports
53 (1) A producer licensee must submit a weekly grading and marketing report to the
Board each week on dates determined by the Board.
(2) The Board must send written notice of the dates for submission of the weekly
grading and marketing reports to the licensees.
(3) A weekly grading and marketing report must include all of the following
information:
(a) the licensee’s name and number;
(b) the dates covered by the report;
(c) the date the report is submitted;
(d) the number of eggs marketed in dozens and categorized by size and grade;
(e) the number of eggs produced by the licensee but not shipped to a grading
station.
Quarterly grading and marketing report
54 (1) A heritage licensee, or an unlicensed person producing eggs under Section 4, must
submit quarterly grading and marketing reports to the Board on dates determined
by the Board.
(2) The Board must send written notice of the dates for submission of the quarterly
grading and marketing reports to the heritage licensees, and unlicensed persons
producing eggs under Section 5.
(3) A quarterly grading and marketing report must include all of the following
information:
(a) the heritage licensee or unlicensed person’s name;
(b) the heritage licensee or unlicensed person’s civic address and mailing
address, if different;
(c) the heritage licensee or unlicensed person’s telephone number and email
address, if applicable;
(d) the license number, if applicable;
(e) the number of eggs marketed in dozens, categorized by size and grade;
(f) the dates covered by the report;
(g) the date the report is submitted.
Grading station report
55 (1) A grader licensee must submit a grading station report every week, for the previous
week, to the Board, unless the grader licensee is grading eggs only from unlicensed
persons, in which case the grader licensee must submit grading station reports on a
quarterly basis.
(2) A grading station report must include all of the following information:
(a) the location of the grading station;
(b) the grader licensee’s name and number;
(c) the dates covered by the report;
(d) the date the report is submitted;
(e) all of the following information for each transaction with an egg producer:
(i) the producer’s name,
(ii) the producer’s licence type and number, if applicable,
(iii) the date of transaction,
(iv) the number of eggs marketed in dozens and categorized by size and
grade.
Records
56 The Board may review a licensee’s records to verify any information included in a
report, and the licensee must ensure that records are properly maintained for at least 18
months.
Inspection
57 The Board may inspect the operations of any of the following in the Province to ensure
compliance with these regulations, including the counting of a person’s layers:
(a) producer licensee;
(b) heritage licensee;
(c) specialty licensee;
(d) unlicensed person operating under Section 5;
(e) grader licensee;
(f) processor licensee.
Animal Care and On Farm Food Safety
Animal Care Program
58 Specialty licensees and producer licensees must comply with all the requirements set out
under the Animal Care Program.
Start Clean Stay Clean Program
59 Specialty licensees and producer licensees must comply with all the requirements set out
under the Start Clean Stay Clean Program.
Transition
Transitional
60 On April 27, 2020, a person who holds egg quota or a licence under the Egg Producers’
Egg Regulations, or Nova Scotia Egg Producers New Entrant Program Regulations, that
comes within the definition of egg quota or licence under these regulations continues to
hold that egg quota or licence under these regulations until December 31, 2020, unless
renewed by the Board.
The following regulations are not
yet in force and are not included in the current consolidation: