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Nova Scotia Flue-Cured Tobacco Growers' Marketing Board Regulations

made under Sections 9 and 11 of the
Natural Products Act
R.S.N.S. 1989, c. 308
O.I.C. 85-570 (June 4, 1985), N.S. Reg. 91/85
as amended by O.I.C. 91-531 (April 30, 1991), N.S. Reg. 93/91

Interpretation
1.01 In these regulations

(a) "basic production quota" means that specified number of acres of land upon which the Board has determined a person may grow tobacco;

(b) "Board" means The Nova Scotia Flue-Cured Tobacco Growers' Marketing Board;

(c) "buyer" means a person who buys tobacco;

(d) "family farm corporation" means a corporation, all of the shareholders of which are members of the same immediate family, which corporation has as an asset a basic production quota;

(e) "family farm partnership" means a partnership, all of the members of which are members of the same immediate family, which partnership has as an asset a basic production quota;

(f) "licensed buyer" means a buyer to whom a licence to buy tobacco has been granted by the Board and which licence is in good standing with the Board;

(g) "licensed producer" means a person who grows tobacco for commercial purposes to whom a licence to produce tobacco has been granted by the Board, which licence is in good standing with the Board;

(h) "licensed seller" means a person to whom a licence to sell has been issued by the Board;

(i) "marketing quota" is a percentage of basic production quota;

(j) "members of the same immediate family" includes only the following related persons or organizations: grandfather, grandmother, father, mother, husband, wife, son, daughter, brother, sister, grandson, granddaughter, family farm corporation and family farm partnership;

(k) "person" includes a family farm corporation and a family farm partnership;

(l) "tobacco" means unmanufactured flue-cured tobacco grown in Nova Scotia;

(m) "tobacco year" means the 12 months ending on the 1st day of April;

(n) "tobacco sales day" means that day or days designated by the Board, annually, as the day or days upon which tobacco shall be sold by the licensed sellers or the Board to the licensed buyers, such sales to be scrutinized by the Board;

(o) "unit of tobacco" means that measurement of tobacco established from time to time by the Board. Until otherwise determined by the Board, one unit is equal to one pound.

Licences to produce
2.02 (1) No person shall produce tobacco except under the authority of a licence issued by the Board. (Form 1)

(2) The licence to produce shall include a notation of the marketing quota issued to the producer for the tobacco year.

(3) Unless suspended or revoked prior thereto, a licence to produce tobacco in any tobacco year expires at the end of the tobacco year.

Licence to sell
3.01 (1) No person shall sell tobacco except under the authority of a licence to sell issued to him by the Board. (Form 2)

(2) Unless suspended or revoked prior thereto, a licence to sell tobacco in any year expires at the end of the tobacco year.

(3) A licence to sell tobacco will not be issued to any person unless he has met all conditions of these regulations.

Fees
4.01 (1) Every licensed seller shall pay a fee to the Board for each unit of tobacco marketed by the seller. The fee per unit shall be that fee established by the Board from time to time.

(2) The Board may require that fees due to the Board from a licensed seller shall be deducted from the sum paid to the producer by a buyer and remitted by the buyer to the Board.

Licences to buy
5.01 (1) No person shall buy tobacco except under the authority of a licence to buy tobacco issued by the Board. (Form 3)

(2) No licence to buy tobacco shall be granted except upon application therefor in the form prescribed by these regulations. (Form 4)

(3) Unless suspended or revoked prior thereto, a licence to buy tobacco expires at the end of the tobacco year.

(4) A licence to buy tobacco may be granted by the Board upon such conditions as the Board may from time to time impose.

Determination of basic production quota
6.01 (1) Basic production quota shall be that number of acres equalling the average number of acres of tobacco grown by a producer in the years 1981, 1982 and 1983; subject, however, to the following:

(a) for those producers who have not grown tobacco in all three years 1981, 1982, and 1983, the sum of the acres grown in each of those three years shall, nevertheless, be divided by three and an additional number of acres shall be added, as the Board may in its discretion determine, by way of "additional quota";

(b) a producer, referred to in clause (a) hereof, must produce the entire quota allocated to him for three consecutive years subsequent to the allocation. If he fails to do so, the "additional quota" shall be forfeited to the Board. Written notice of forfeiture by the Board to the producer shall be deemed to cancel the "additional quota". The cancelled quota may, at the discretion of the Board, be redistributed among the producers;

(c) if the producer in clause (a) does, in fact, produce the entire quota allotted to him for three consecutive years, the entire quota allotted to him shall thereafter be deemed to be his basic production quota.

Determination of marketing quota
7.01 (1) The Board shall increase or reduce quota to each producer for a tobacco year by a percentage of the existing basic production quota of the producer. The quota so adjusted shall be the marketing quota for the tobacco year. Such increase or reduction shall be determined by the Board after due consideration of the required total acreage for the tobacco year.

Buying and selling
8.01 (1) No person shall produce or sell tobacco unless he is the holder of quota allotted to him by the Board.

(2) No person to whom quota has been allotted shall sell tobacco in an amount in excess of his quota.

(3) The records of the Board shall be conclusive evidence as to whether a person is the holder of quota and as to the amount of quota held.

(4) A licence, allotment or approval issued over the signature of the Chairman of the Board shall be deemed to have been issued by the Board.

9.01 (1) No person shall buy tobacco from any person other than a person to whom the Board has allotted quota or from the Board itself.

(2) No person shall buy tobacco at any place other than at a tobacco sales day.

(3) No person shall sell tobacco to any person other than the Board or a licensed buyer and no sale of tobacco shall be made at any place other than at a tobacco sales day.

(4) No person shall offer to sell tobacco to any person unless that person is a licensed buyer and unless the offer to sell is made at a tobacco sales day.

(5) No person shall process, pack or package tobacco unless it has been sold in accordance with these regulations.

Estate of a deceased producer
10.01 (1) Notwithstanding anything herein contained to the contrary, the estate of a deceased producer may exercise all rights of the deceased producer under his licence for so long as the deceased producer's licence is valid.

Transfer of basic production quota
11.01 (1) Quota shall not be transferred except in accordance with these regulations.

(2) If a holder of quota wishes to transfer all or part of his basic production quota, he shall apply to the Board in writing, setting out the name of the intended transferee and such other particulars of the intended transfer as may be required by the Board and, in support of such application, shall complete and file with the Board a sworn declaration of himself and cause to be filed a sworn declaration of the transferee in the form provided by these regulations. (Form 5)

(3) Where an applicant has complied with the conditions of subsection (1), the Board may approve the transfer and may, at its discretion, make the transfer conditional upon the requirement that any quota transferred pursuant to the approval must be grown by the transferee for two successive years immediately following the transfer, failing which the Board may cancel the quota by written notice which written notice shall be deemed to cause the forfeiture of the quota to the Board.
Subsection 11.01(4) repealed: O.I.C. 91-531, N.S. Reg. 93/91.

Rental of basic production quota
12.01 (1) Basic production quota shall not be leased, rented or in any way assigned without the approval of the Board.

(2) Where a holder of basic production quota wishes to lease the whole or any part thereof, he shall apply to the Board, in writing, in the form provided by these regulations. (Form 6)

(3) Applications shall be accompanied by a duplicate original of the proposed lease, executed by the lessor and the lessee. The lease shall contain a clause providing for the termination of the lease on the last day of sales of that year's crops of tobacco at the tobacco sales day operated by the Board.

(4) Subject to subsection (5), applications shall be completed, signed and declared before a Commissioner of the Supreme Court of Nova Scotia. Applications shall be delivered to the Board's office on or before the 24th day of July.

(5) The lessor shall pay to the Board an application fee established on an annual basis by the Board for each application submitted to the Board by the lessor.

Cancellation or reduction of quota
13.01 (1) The Board may cancel, [or] reduce or refuse to increase a basic production quota in circumstances where, in the opinion of the Board

(a) the licensed producer to whom the quota has been allotted has entered into a transaction or a series of transactions that has or have the effect of circumventing the provisions of these regulations, or

(b) a quota holder has contravened any of these regulations, or

(c) for any other reason that the Board considers, in its discretion, just cause.


Form No. 1 - Licence to Produce Tobacco

THE NOVA SCOTIA FLUE-CURED TOBACCO GROWERS' MARKETING BOARD, pursuant to its regulations made pursuant to the Natural Products Act hereby issues licence to: _______________________ to produce tobacco upon ____________ acres of land in the tobacco year _______.
   __________________________
Chairman of the Board

Form No. 2 - Licence to Sell Tobacco

THE NOVA SCOTIA FLUE-CURED TOBACCO GROWERS' MARKETING BOARD, pursuant to its regulations made pursuant to the Natural Products Act hereby issues licence to: _______________________ to sell tobacco in the tobacco year 19____ .
   __________________________
Chairman of the Board

Form No. 3 - Licence to Buy Tobacco

THE NOVA SCOTIA FLUE-CURED TOBACCO GROWERS' MARKETING BOARD hereby issues licence to: __________________________ to buy tobacco in the tobacco year 19____.
   __________________________
Chairman of the Board

Form No. 4 - Application for Licence to Buy Tobacco

THE UNDERSIGNED does hereby make application to the NOVA SCOTIA FLUE-CURED TOBACCO GROWERS' MARKETING BOARD for a licence to buy tobacco in the tobacco year 19_____, and does covenant with the Board that:

1. The undersigned acknowledges the provisions of the regulations of the Board with respect to the buying and selling of tobacco and otherwise and, in particular, Regulations 8, 9, and 10.

2. The undersigned shall abide by and comply in strict accordance with the regulations of the Board, and the directions of the Board from time to time received.
   ___________________________
Applicant

Form No. 5 - Application to Transfer Basic Production Quota of Tobacco

IN THE MATTER OF the transfer of my basic production quota of _______ acres:

I, the undersigned applicant/transferor, do solemnly declare that I am the transferor of the basic production quota of ______ acres. I hereby request and authorize the Nova Scotia Flue-Cured Tobacco Growers' Marketing Board to transfer the ______ acres of basic production quota to: __________________________________________

THE TRANSFER is a bona fide permanent transfer of my basic production quota and there is no agreement or understanding, written or oral, expressed or implied, whereby the basic production quota will be retransferred to me. There is no agreement or understanding, written or oral, expressed or implied, whereby the basic production quota, or any part thereof, is rented to the transferee.

I MAKE THIS solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.

DECLARED before me at ______________ in the
County of ___________ and Province of Nova
Scotia this ____ day of __________, 19___

_____________________________________
A Commissioner of the Supreme Court
of Nova Scotia
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)
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______________________
Name
______________________
Address

Declaration of Transferee

I, the undersigned transferee, do solemnly declare that I am the intended transferee of acres of basic production quota from the above named applicant/transferor.  I hereby request and authorize the Nova Scotia Flue-Cured Tobacco Growers' Marketing Board to transfer the applicant/transferor's production quota to me.  The transfer, when approved by the Board shall be a bona fide permanent transfer of the basic production quota and there is no agreement or understanding, written or oral, expressed or implied, whereby the basic production quota will be retransferred to the transferor.  There is no agreement or understanding, written or oral, expressed or implied, whereby the basic production quota, or any part thereof, is rented by me.

I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.

DECLARED before me at ______________ in the
County of ___________ and Province of Nova
Scotia this ____ day of __________, 19___

_____________________________________
A Commissioner of the Supreme Court
of Nova Scotia
)
)
)
)
)
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______________________
Name
______________________
Address

Form No. 6 - Application for Consent to Lease Basic Production Quota
Declaration of Lessor

1.  I, the undersigned applicant do solemnly declare that I am the owner of _______ acres of basic production quota held from the Nova Scotia Flue-Cured Tobacco Growers' Marketing Board (the "Board"). I wish to lease _______ acres of that quota to the lessee named in the duplicate executed original of the proposed lease which is attached to this declaration. The binding effect of the lease has been made conditional upon the approval of this application. The lease names and describes the proper address and location of the proposed lessee and the land upon which the leased quota is to be produced; and the lease and entire transaction complies in every respect with Regulation #12 [12.01] of the Board.

2.  I make this solemn declaration conscientiously believing it to be true and knowing it to be of the same force and effect as if made under oath and by virtue of the Canada Evidence Act.

DECLARED before me at ______________ in the
County of ___________ and Province of Nova
Scotia this ____ day of __________, 19___

_____________________________________
A Commissioner of the Supreme Court
of Nova Scotia
)
)
)
)
)
)
)
______________________
Name
______________________
Address

Approval

THE NOVA SCOTIA FLUE-CURED TOBACCO GROWERS' MARKETING BOARD pursuant to its regulations made pursuant to the Natural Products Act hereby grants the foregoing application this ____ day of _____________, 19____.

______________________________
Chairman of the Board