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Nova Scotia Egg Producers New Entrant Program Regulations

made under Section 9 of the

Natural Products Act

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

N.S. Reg. 369/2015 (December 8, 2015, effective January 15, 2016)



Citation

1     These regulations may be cited as the Nova Scotia Egg Producers New Entrant Program Regulations.


Definitions

2     In these regulations,

 

“free range housing” means a free run housing system where laying hens are also allowed access to an outdoor enclosed pasture or range area, weather permitting;

 

“free run housing” means a housing system where hens are allowed to roam free inside a laying facility;

 

“lease” means to fix and allot layer quota from the New Entrant Quota Pool, in accordance with subsection [subclause] 9(1)(c)(ii) of the Act;

 

“leased quota” means quota that has been fixed and allotted to a New Entrant under these regulations;

 

“New Entrant” means a producer to whom the Commodity Board has leased quota under the New Entrant Program;

 

“New Entrant Program” means a program of the Commodity Board that has as its purpose to allow eligible individuals to apply to the Commodity Board to be leased layer quota;

 

“New Entrant Quota Pool” means quota designated by the Commodity Board for the New Entrant Program.

 

“organic” means organic as defined under the Organic Grade Regulations made under the Agriculture and Marketing Act and the Organic Products Regulations, 2009, made under the Canada Agricultural Products Act (Canada).


Quota

3     (1)    The Commodity Board may lease quota held in the New Entrant Quota Pool to a person.

 

       (2)    Quota leased under subsection (1) will be leased in lots of up to 500 layers, and no New Entrant may lease more than one lot.

 

       (3)    Quota leased under subsection (1) will not be subject to quota increases or decreases.

 

       (4)    Quota leased under subsection (1) may not be transferred, leased or sold unless approved by the Commodity Board.

 

       [(5)] A New Entrant, their attorney, guardian, personal representative or such other person approved by the Commodity Board, may apply to the Commodity Board for approval to transfer leased quota under subsection (1) to an eligible spouse or child, and the Commodity Board may approve the transfer.

Text designated as clause (5)(a) in original, but redesignated subsection (5) for the purposes of this consolidation.

 

       [(6)] An eligible spouse or child of a New Entrant under clause (a) must meet all of the following requirements:

 

                         (i)     the spouse or child must operate out of the same facilities as those established by the original New Entrant, and

 

                         (ii)    the spouse or child must meet the requirements of Section 4.

Text designated as clause (5)(b) in original, but redesignated subsection (6) for the purposes of this consolidation.


Eligibility

4     (1)    To be eligible for the New Entrant Program, an applicant or New Entrant must be all of the following:

 

                (a)    the age of majority;

 

                (b)    a Canadian citizen;

 

                (c)    a resident of Nova Scotia;

 

(d)    primarily responsible for the production of eggs under the leased quota.

 

       (2)    An applicant or New Entrant must not be any of the following:

 

                (a)    the child, spouse, common-law spouse, or registered domestic partner of a present or former layer 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 layer quota;

 

                (c)    a current or former holder of quota under the Natural Products Act or the Dairy Industry Act or similar legislation in other provinces of Canada.

 

(3)    A New Entrant must produce one or more of the following types of eggs:

 

                (a)    free run,

 

                (b)    free range,

 

                (c)    organic.

 

       (4)    A New Entrant must not have egg production facilities located less than 5 km from any other registered egg production facilities.


Application

5     (1)    A person may apply for the New Entrant Program by submitting an application to the Commodity Board, in the form and manner prescribed by the Commodity Board.

 

       (2)    An application under subsection (1) must be accompanied by the following:

 

                (a)    a business plan for production under the leased quota that addresses an approach to supplying the commercial retail market with one or more of the types of eggs listed under subsection 4(3);

 

                (b)    evidence that satisfies the Commodity Board 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; and

 

                (c)    an application fee of $250.00 payable to the Nova Scotia Egg Producers which shall be returned if the application is declined.


Selection

6     (1)    An application under Section 5 will be reviewed by one or more persons chosen by the Commodity Board.

 

       (2)    An applicant that meets the eligibility requirements under Section 4 will be entered in a random draw, administered by the Commodity Board, to determine one or more successful New Entrants.


Terms and conditions

7     The following terms and conditions apply to every New Entrant:

 

                (a)    a New Entrant must comply with the Act, the regulations, all plans, agreements and orders of the Council and the Commodity Board;

 

                (b)    a New Entrant must start production under the leased quota of one or more of the types of eggs listed under subsection 4(3), within 18 months of being declared a successful New Entrant;

 

                (c)    a New Entrant must not cease egg production for more than 18 months without permission from the Commodity Board;

 

                (d)    a New Entrant must have all of their eggs graded at an egg station registered under Section 7 of the Egg Regulations under the Canada Agricultural Products Act.


Limitations on New Entrant

8     A New Entrant is not eligible to do any of the following:

 

                (a)    vote in any Commodity Board election;

 

                (b)    vote at any producer meeting;

 

                (c)    become a member of the Commodity Board.


Termination

9     (1)    If a New Entrant does not meet the terms and conditions under Section 7, the Commodity Board may stop leasing quota to the New Entrant.

 

       (2)    If a Commodity Board stops leasing quota to a New Entrant under subsection (1), that quota will be returned to the New Entrant Quota Pool.