This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © , Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Milk Pricing Regulations
made under clauses 9(b) and 14(1)(c) of the
Dairy Industry Act
S.N.S. 2000, c. 24
N.S. Reg. 84/2008 (effective February 12, 2008)
amended to N.S. Reg. 24/2023 (effective February 1, 2023)
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.
Processor reporting to the Board
Processor settlement with the Board
Reporting and payment concerns
Confidentiality of information
Calculating payments to producers
1 These regulations may be cited as the Milk Pricing Regulations.
1A In these regulations,
“3(d) Program” means the program of the CMSMC run by the CDC respecting standardized mozzarella cheeses used on fresh pizzas by establishments registered with the CDC;
“Canadian Dairy Commission” or “CDC” means the body created under the Canadian Dairy Commission Act (Canada);
“Canadian Milk Supply Management Committee” or “CMSMC” means the body created under the National Milk Marketing Plan responsible for determining policy for the Plan;
“CDC-issued permit” means a permit issued by the CDC under the Special Milk Class Permit Program;
“CDC website” means the website of the CDC accessible at https://cdc-ccl.ca/;
“certified organic” means certified organic as defined in the Milk Classes and Categories Regulations made under the Dairy Industry Act;
“components” means butterfat, protein and other solids;
“DFNS Organic Milk Policy” means a policy established by the Board respecting the production and sale of organic milk;
“National Milk Utilization Audit Standards Manual” means the manual respecting milk utilization audit standards approved by the CMSMC, as amended from time to time;
“P5 Supervisory Body” means the body created under the Agreement on the Eastern Canadian Milk Pooling;
“P5 1(c)/4(c) Program” means the P5 Supervisory Body policy respecting innovative products;
“premium payment certified organic milk” means certified organic milk for which the Board is required to pay a 20% premium to producers in accordance with the DFNS Organic Milk Policy;
“Special Milk Class Permit Program” means the program of the CMSMC run by the CDC respecting permits for special milk classes.
1B [repealed]
2 The classes of milk referred to in these regulations are the classes prescribed in the Milk Classes and Categories Regulations made by the Natural Products Marketing Council.
3 (1) Milk processors in the Province must pay, on an F.O.B. plant basis, the prices of milk components set out in the following table for each class of milk specified:
Component Prices for Classes of Milk
Subclass
of Milk
Butterfat
($ per kg)
Protein
($ per kg)
Other Solids
($ per kg)
Solids-Non-Fat
($ per hl)
1(a)1
10.2285
83.19
1(a)2
10.2285
5.7822
5.7822
1(a)3
10.2285
8.8638
8.8638
1(b)
10.2285
68.96
1(c)
Established as per the P5 1(c)/4(c) Program
2(a)
11.1256
5.8051
5.8051
2(b)1
11.1256
6.8407
6.8407
2(b)3
11.1256
3.6095
3.6095
2(b)4
11.1256
5.8051
5.8051
2(b)5
11.1256
6.8407
6.8407
3(a)1
11.1256
15.4966
0.8893
3(a)2
11.1256
14.2936
0.8893
3(b)1
11.1256
15.6304
0.8893
3(b)2
11.1256
13.9887
0.8893
3(c)1
11.1256
10.9855
0.8893
3(c)2
11.1256
15.4966
0.8893
3(c)3
11.1256
14.2936
0.8893
3(c)4
11.1256
15.2484
0.8893
3(c)5
11.1256
13.0134
0.8893
3(c)6
11.1256
11.5607
0.8893
3(d)
11.2166
9.6964
0.8921
4(a)
11.1256
As per CMSMC decision, please refer to CDC website for monthly price details.
4(b)1
11.1256
4.3238
4.3238
4(b)2
11.1256
6.3928
6.3928
4(c)
Established as per the P5 1(c)/4(c) Program
4(d)
11.1256
6.2842
6.2842
4(m)
As per CDC-issued permit details.
5(a)
As per CMSMC decision, please refer to CDC website for monthly price details.
5(b)
As per CMSMC decision, please refer to CDC website for monthly price details.
5(c)
As per CMSMC decision, please refer to CDC website for monthly price details.
(2) Processors in Nova Scotia must pay a premium of an additional 20% of the prices in subsection (1) for milk components of premium payment certified organic milk that are processed into dairy products in which all of the milk components are from certified organic milk.
Processor reporting to the Board
4 (1) Each processor purchasing raw milk in Nova Scotia from the Board must report milk receipts and milk utilization using the reporting mechanism required by the Board.
(2) Each processor must report all volumes and components as required by the National Milk Utilization Audit Standards Manual.
Processor settlement with the Board
4A (1) Each processor that is not a payment agent, must pay the Board no later than the dates indicated on the monthly reporting schedule prepared by the Board in consultation and agreement with processors.
(2) Each processor that is a payment agent must pay producers and settle the difference with the Board no later than the dates indicated on the monthly reporting schedule prepared by the Board in consultation and agreement with processors.
Reporting and payment concerns
4B If Board staff have concerns about processor reporting or payments under Section 4 or 4A, Board staff may conduct a review in consultation with the milk utilization auditing firm appointed by the Council.
Confidentiality of information
4C Board staff shall treat information received under Section 4 or 4A as confidential.
Calculating payments to producers
5 (1) The Board must calculate the monthly component prices to be paid to producers no later than the date indicated on the monthly reporting schedule prepared by the Board in consultation and agreement with processors.
(2) In calculating monthly component prices, the Board may take into account the impact of any pooling agreements to which the Board is a party.
(3) The Board must calculate an equalized premium, based on the premiums paid under subsection 3(3), and allocate this premium equitably among all producers selling premium payment certified organic milk in accordance with the DFNS Organic Milk Policy.
6 (1) The Board must calculate the equalized bulk haulage rate to be charged on all milk, taking into account the impact of any pooling agreement to which the Board is a party.
(2) The equalized bulk haulage rate must be deducted from all payments to producers.
(3) In addition to the equalized bulk haulage rate, the Board must calculate an equalized bulk haulage rate premium for certified organic milk to be charged on all certified organic milk to reflect the extra costs of transporting certified organic milk separately from other milk.
(4) The equalized bulk haulage rate premium for certified organic milk must be deducted from all payments to producers for certified organic milk.
7 (1) In the context of payments, “banking day” means a day between Monday and Friday inclusive, and on which at least one half of the banks in the Province are open for business.
(2) The Board must pay or cause to be paid advance and final payments to each producer for the milk produced by that producer in a month as follows:
(a) an advance payment must be paid to each producer on the 1st day of the following month or, if that day is not a banking day, on the last banking day before the first day of the following month, and must be calculated as 45% of the previous month’s net total payment to that producer;
(b) a final payment must be paid to each producer on the 15th day of the following month or, if that day is not a banking day, on the next day that is a banking day, and must be calculated as the total payment due to that producer for the month, less the advance payment.
(3) A payment agent may adjust the amount of an advance payment to a producer to account for that producer experiencing a reduction in milk production compared to the previous payment period.
(4) The Board may use the services of a payment agent or, if one or more processors choose not to be payment agents as referred to in subsection 8(4), may be its own payment agent.
8 (1) Despite anything in these regulations to the contrary, a payment agent must, on behalf of the Board,
(a) prepare a statement of the milk supplied to that payment agent by the Board in respect of the producers whose milk was supplied;
(b) mail statements by prepaid first class mail and transmit payment electronically, or by cheque by prepaid first class mail, to producers no later than the dates specified in subsection 7(2).
(2) If a payment agent chooses to cease being a payment agent of the Board, it must first provide 6 months’ written notice to the Board.
(3) If a payment agent provides the Board with the notice referred to in subsection (2), the matter must be referred to the Advisory Committee for Milk.
(4) If a processor ceases to be a payment agent for the Board, the Board must arrange to have another payment agent pay the producers formerly paid by that processor or, if no other payment agent is willing to pay the producers formerly paid by the processor who ceased to be a payment agent, the Board may establish a payment system for all producers in the Province, in which case the agreements with all payment agents must be terminated.
(5) If a producer has a payment agent, all payments for milk supplied by the producer to the Board must come from the payment agent for that producer.
9 (1) Each producer must pay the following fees to the Board:
(a) an administration fee of $0.16 per kilogram of butterfat marketed,
(b) a milk promotion fee of $1.50 per hectolitre of milk marketed,
(c) a school milk fee in an amount per kilogram of butterfat marketed, calculated using the following formula so that the total of the school milk fees collected from all producers in a month is sufficient to pay the Board’s costs in the previous month for the School Milk Program administered by the Department of Agriculture:
SMF = (TL × .15) ÷ TK
in which
SMF is the school milk fee per kilogram of butterfat marketed,
TL is the total litres of milk sold under the School Milk Program in the previous month, and
TK is the total number of kilograms of butterfat marketed by all producers in the previous month;
(d) a milk testing fee, calculated using the following formula so that the amount of the milk testing fee is the same for every producer, and the total of the milk testing fees collected in a month from all producers is sufficient to pay the Board’s costs for milk component and quality testing in the previous month:
MTF = TT ÷ TP
in which
MTF is the milk testing fee,
TT is the total testing costs of the Board in the previous month, and
TP is the total number of producers.
(2) Fees paid by producers under subsection (1) must be deducted by the Board from the producer’s payment or, if payment is made by a payment agent, must be deducted by the payment agent and remitted to the Board no later than the date indicated on the monthly reporting schedule prepared by the board in consultation and agreement with processors.
Legislative History
Reference Tables
Milk Pricing Regulations
N.S. Reg. 84/2008
Dairy Industry 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 Milk Pricing Regulations made under the Dairy Industry Act includes all of the following regulations:
N.S.
RegulationIn force
date*How in force
Royal Gazette
Part II Issue
84/2008
Feb 12, 2008
date specified
Feb 29, 2008
354/2008
Sep 1, 2008
date specified
Aug 29, 2008
11/2009
Feb 1, 2009
date specified
Feb 13, 2009
307/2009
Oct 14, 2009
date specified
Nov 6, 2010
341/2009
Feb 1, 2010
date specified
Jan 15, 2010
75/2010
May 11, 2010
date specified
Jun 4, 2010
174/2010
Feb 1, 2011
date specified
Dec 17, 2010
197/2010
Feb 1, 2011
date specified
Jan 14, 2011
187/2011
Aug 1, 2011
date specified
Jun 3, 2011
313/2011
Feb 1, 2012
date specified
Dec 16, 2011
321/2011
Feb 1, 2012
date specified
Dec 30, 2011
130/2012
Aug 1, 2012
date specified
Jul 13, 2012
232/2012
Jan 1, 2013
date specified
Jan 11, 2013
1/2013
Feb 1, 2013
date specified
Jan 25, 2013
45/2013
Apr 1, 2013
date specified
Mar 22, 2013
212/2013
Jun 1, 2013
date specified
Jun 14, 2013
261/2013
Aug 1, 2013
date specified
Aug 9, 2013
328/2013
Feb 1, 2014
date specified
Nov 29, 2013
2/2014
Feb 1, 2014
date specified
Jan 24, 2014
29/2014
Mar 1, 2014
date specified
Mar 7, 2014
178/2014
Feb 1, 2015
date specified
Jan 9, 2014
15/2015
Mar 1, 2015
date specified
Feb 20,2015
290/2015
Sep 1, 2015
date specified
Aug 7, 2015
355/2015
Feb 1, 2016
date specified
Dec 11, 2015
374/2015
Feb 1, 2016
date specified
Jan 8, 2016
159/2016
Sep 1, 2016
date specified
Aug 19, 2016
236/2016
Oct 21, 2016
date specified
Nov 11, 2016
176/20161
Nov 1, 2016
date specified
Sep 30, 2016
238/2016
Nov 1, 2016
date specified
Nov 11, 2016
262/2016
Feb 1, 2017
date specified
Jan 6, 2017
13/2017
Feb 1, 2017
date specified
Feb 17, 2017
38/2017
Mar 22, 2017
date filed (not filed within 7 days)
Apr 14, 2017
66/2017
May 1, 2017
date specified
Apr 28, 2017
182/2017
Feb 1, 2018
date specified
Jan 5, 2018
152/2018
Sep 1, 2018
date specified
Aug 31, 2018
214/2018
Jan 1, 2019
date specified
Dec 21, 2018
16/2019
Feb 1, 2019
date specified
Feb 1, 2019
29/2019
Mar 1, 2019
date specified
Mar 1, 2019
193/2019
Feb 1, 2020
date specified
Dec 6, 2019
65/2020
Apr 24, 2020
date specified
May 8, 2020
84/2020
Jun 1, 2020
date specified
Jun 19, 2020
32/2021
Feb 1, 2021
date specified
Feb 12, 2021
11/2022
Feb 1, 2022
date specified
Feb 11, 2022
204/2022
Sep 1, 2022
date specified
Sep 9, 2022
24/2023
Feb 1, 2023
date specified
Feb 10, 2023
The following regulations are not yet in force and are not included in the current consolidation:
N.S.
RegulationIn force
date*How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep.=repealed
rs. = repealed and substituted
Provision affected
How affected
1A.....................................................
ad. 307/2009; am. 232/2012, 13/2017
1A(c).............................................
ad. 75/2010
1A, defn. of “3(d) Program”.........
ad. 84/2020
1A, defn. of “Canadian Dairy Commission” or “CDC”.............
ad. 65/2020; rs. 84/2020
1A, defn of “Canadian Milk Supply Management Committee” or “CMSMC”.........
ad. 65/2020; rs. 84/2020
1A, defn. of “CDC-issued permit”
ad. 84/2020
1A, defn. of “CDC website”.........
ad. 84/2020
1A, defn. of “components”............
ad. 84/2020
1A, defn. of “National Ingredients Strategy Implementation Policy”
rep. 84/2020
1A, defn. of “National Milk Utilization Audit Standards Manual”......................................
ad. 84/2020
1A, defn. of “P5 Supervisory Body”..........................................
ad. 84/2020
1A, defn. of “P5 1(c)/4(c) Program”.....................................
ad. 84/2020
1A, defn. of “Special Milk Class Permit Program”.........................
ad. 84/2020
1B.....................................................
ad. 13/2017; rep. 84/2020
3........................................................
rs. 84/2020
3(1)................................................
rs. 354/2008, 11/2009; am. 307/2009; rs. 341/2009; am. 75/2010; rs. 174/2010, 197/2010, 187/2011, 313/2011, 321/2011, 232/2012; am. 1/2013; rs. 45/2013, 328/2013, 2/2014, 178/2014, 15/2015, 355/2015, 374/2015, 159/2016, 238/2016, 262/2016, 13/2017, 38/2017, 66/2017, 182/2017, 152/2018, 214/2018, 16/2019, 29/2019, 193/2019; am. 65/2020; rs. 32/2021, 11/2022, 204/2022, 24/2023
3(2)................................................
am. 212/2013, 13/2017
3(3)................................................
ad. 307/2009; rs. 75/2010
4........................................................
rs. 84/2020
4A.....................................................
ad. 84/2020
4B.....................................................
ad. 84/2020
4C.....................................................
ad. 84/2020
5(3)...................................................
ad. 307/2009; rs. 75/2010
6(3)...................................................
ad. 307/2009
6(4)...................................................
ad. 307/2009
9........................................................
rs. 290/2015
9(1)................................................
fc. 29/2014
9(1)(b)...........................................
am. 214/2018
9(2)................................................
fc. 130/2012, 261/2013
Note that changes to headings are not included in the above table.
Editorial Notes and Corrections:
Note
Effective
date1
N.S. Reg. 236/2016 repeals N.S. Reg. 176/2016 before its effective date. Therefore, N.S. Reg. 176/2016 did not come into force.
Repealed and Superseded:
N.S.
RegulationTitle
In force
dateRepealed
date61/2002
Milk Pricing Regulations
Apr 1, 2001
Feb 12, 2008
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.