This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry 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 the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2011, 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.
Nova Scotia Egg Producers’ Egg Regulations
made under subsection 9(1) and clause 11(d) of the
Natural Products Act
R.S.N.S. 1989, c. 308
O.I.C. 85-1259 (November 19, 1985), N.S. Reg. 211/85
as amended up to N.S. Reg. 331/2013 (November 20, 2013)
1.01 In all regulations of the Nova Scotia Egg Producers relating to the production and marketing of eggs unless the context otherwise requires,
Section 1.01 amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
(a) “Act” means Chapter 308 of the Revised Statutes of Nova Scotia, 1989, The Natural Products Act and any amendments thereto;
(b) “Agency” means the Canadian Egg Marketing Agency;
(c) “basic quota” means in relation to those producers whose facilities were measured at the inception of the Plan, the quota in dozens of eggs first issued to them, but converted according to present National Farm Products Marketing Council conversion factors for “regulated” flocks of layers, increased or decreased as the case may be by transfer of quota approved by the Commodity Board;
(d) “Board” and “Commodity Board” mean the Nova Scotia Egg Producers;
Clause 1.01(d) amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
(e) “box” means a container made to contain 15 dozen eggs;
(f) “carton” means a container made to contain 1 dozen eggs;
(g) “cartoned eggs” means eggs packed in cartons;
(h) “chick” means all class of fowl grown for placement in egg production facilities aged less than 20 weeks;
(i) “chick placement permit” means a permit issued by the Board to a producer in relation to the purchase of chicks or layers for the purpose of egg production;
(j) “Council” means the Natural Products Marketing Council;
(k) “egg” means egg of a hen;
(l) “Egg Pricing Agreement” means the Egg Pricing Agreement made between the National Farm Products Marketing Council and the Canadian Egg Marketing Agency on the one part and the Nova Scotia Marketing Board and the Nova Scotia Egg Producers on the other part dated the 25th day of October, 1976 and any amendments or substitutions therefor;
Clause 1.01(l) amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
(m) “facilities” means the building or buildings and lands appurtenant thereto together with fixtures and equipment belonging to a producer or in which a producer has a proprietary interest and used by him to house layers owned by him for the purpose of egg production;
(n) “flat” means a container made to contain two and one-half dozen eggs;
(o) “flock” means all layers housed in a producer’s facilities of the same age in weeks;
(p) “four-week bird inventory period” means the reporting period as defined in the Levy System Regulations;
(q) “grading station operator” means a person who washes, grades, packs, offers for sale, sells, stores, transports or markets eggs;
(r) “hen” means any class of domestic fowl belonging to the species gallus domesticus;
(s) “layer” means any class of laying hen age 20 weeks or older;
(sa) “levy” means the levy that
(i) is imposed by the Board on behalf of itself and on behalf of the Agency relative to egg production in the Province, whether the eggs are marketed within the Province or in interprovincial and export trade, and
(ii) comprises the various components required to maintain the National and Provincial marketing and industrial product removal systems;
Clause 1.01(sa) added: O.I.C. 2001-321, N.S. Reg. 85/2001.
(t) “marketing” includes advertising, buying, selling, storing, packing, transporting, shipping, pricing, processing, shipping for sale or storage, offering for sale and any other act necessary to prepare a natural product in a form or to make it available at a place and time for purchase, for consumption or use and also includes sale by peddlers, hawkers and traders;
(u) “marketing quota” or “quota” means the maximum number of layers which a producer is entitled to house in his facilities pursuant to the quota issued to him by the Board;
(ua) “national rate of lay” means the rate of lay as established for a quota holder by the Agency in consultation with the Board from time to time;
Clause 1.01(ua) added: O.I.C. 2001-321, N.S. Reg. 85/2001.
(v) “Plan” means the Nova Scotia Egg Producers’ Marketing Plan;
Clause 1.01(v) amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
(w) “processing of eggs” includes both the commercial breaking of eggs and the altering of the nature or condition of raw eggs by cooking, freezing or any other means for commercial purposes;
(x) “processor of eggs” means a person engaged in the business of the processing eggs;
(y) “producer” means a person engaged in the production of eggs;
(z) “producer price” means the minimum price to be paid to producers by grading stations for ungraded eggs;
(aa) “production” means production for commercial purposes;
(bb) “production year” means the 52 week period commencing December 28th, 1980 and any consecutive 52 week period which follows it;
(cc) “Quota Certificate” and “Certificate of Quota” mean a certificate issued by the Board to a producer setting forth the producer’s Quota as that may be established for the following calendar year and such a certificate shall establish the quota of the producer to whom it is issued subject to any change during the course of the year by reason of quota transfers, leases, cuts, penalties, suspensions, revocations, or any other reason;
(dd) “quota holder” means a producer who holds a quota issued by the Board for the marketing of eggs evidenced by a valid and current Quota Certificate issued by the Board;
(ee) “non-quota holder” means a producer who does not hold a quota issued by the Board for the marketing of eggs evidenced by a valid current Quota Certificate issued by the Board;
(eea) “non-quota holder rate of lay” means the rate of lay established for a non-quota holder by the Agency in consultation with the Board from time to time or, in the absence of such a rate of lay, the rate of lay as established for a non-quota holder by the Board from time to time;
Clause 1.01(eea) added: O.I.C. 2001-321, N.S. Reg. 85/2001.
(ff) “spot price” means the minimum price to be paid to producers for graded eggs packed in flats;
(gg) “wholesale paying price” means the minimum price to be paid to producers by wholesalers for graded cartoned eggs;
(hh) “wholesale selling price” means the suggested minimum price to be paid to wholesalers for graded cartoned eggs.
Quota regulations (general)
2.01 (a) Except as provided for in subsection (b) hereof a producer may not house in his facilities at any time more than two hundred (200) layers unless a Certificate of Quota has been issued to him by the Board.
Clause 2.01(a) amended: N.S. Reg. 331/2013.
(b) A producer to whom a Certificate of Quota has not been issued may house in his facilities a maximum of four hundred and ninety-nine (499) layers if he establishes to the satisfaction of the Board that he was producing and marketing eggs in the Province of Nova Scotia as a non-quota holding producer prior to July 25, 1984.
2.02 No producer may house in his facilities layers belonging to another producer without the express written approval of the Board.
2.03 (a) Quota Certificates are issued by the Board in relation to the facilities of the producer therein named as the same is known to the Board at the time the Certificate of Quota is issued and quota is not transferable to other facilities of the producer without the written approval of the Board.
(b) Similarly, quota is issued by the Board to the producer named in the Certificate of Quota and is not transferable to another producer, even should he acquire the same facilities, without the written approval of the Board.
(c) The transfer of quota from one person to another is permitted with the written approval of the Board only to the extent that it conforms with the Board’s Quota Transfer Policy as established by regulation from time to time.
2.04 (a) All quotas issued by the Board to producers are subject to adjustment by the Board at any time pursuant to changes in market conditions, pursuant to any changes in the allocation of quota of the Province of Nova Scotia by Agency and for any reason which the Board may consider to be in the interest of the egg industry.
(b) Any producer to whom a Certificate of Quota is issued shall be bound by and shall be deemed to have agreed to be bound by the over-quota penalties set forth herein upon issuance to him of a Certificate of Quota.
2.05 (a) Subject to subsections (c), (d) and (e) hereof, no producer may acquire either quota or any interest in quota of more than 275 000 layers.
Clause 2.05(a) amended: N.S. Reg. 1/2004.
(b) For the purpose of subsections (a) and (d) hereof but subject to subsection (c) hereof a producer shall be deemed to have acquired an interest in quota of the amount stated in a Certificate of Quota upon such Certificate of Quota being issued to either him personally or to any partnership in which he is a partner or to any body corporate in which he has an interest reflected by shares.
(c) An interest in a cooperative incorporated under the Cooperative Associations Act, R.S.N.S., 1989, c. 98 shall not be deemed to give the holder thereof an interest in quota issued by the Board to the cooperative.
(d) A producer who had basic quota in excess of 100,000 layers due to measurement of his facilities at the time of the inception of the Plan shall be permitted to hold quota not exceeding his basic quota, but shall not be permitted to have an interest in any other quota.
Clause 2.05(d) amended: O.I.C. 94-1007, N.S. Reg. 215/94.
(e) (i) In the event of the death, disability or retirement of a quota holder, the Board may upon application approve the transfer of the quota holder’s quota to a member of the quota holder’s immediate family if in the opinion of the Board such a transfer is not contrary to the interests of the egg industry in the Province of Nova Scotia as a whole.
(ii) For the purpose of subclause (i) of this subsection (e), “immediate family” of producer means the father, mother, spouse, son or daughter of the producer.
2.06 (a) Every quota holder shall
(i) upon placing an order for chicks with a hatchery promptly notify the Board of such order, and
(ii) before any flock of layers in his facilities reaches the age of ten (10) weeks, obtain from the Board a chick placement permit for such flock.
(b) Every producer shall submit promptly to the Board on the forms provided by the Board for this purpose accurate reports of changes in flock status.
(c) Any producer who fails to comply with subsection (a) or (b) hereof may be subject to suspension of his licence pursuant to Section 17(2) of the Plan.
2.07 (a) Every producer shall, upon issuance to him of a Certificate of Quota, be deemed to have agreed to the inspection of his facilities by an inspector duly appointed by the Board and the counting of the producer’s layers by such an inspector.
(b) Every producer shall, upon issuance to him of a Certificate of Quota be deemed to have given permission to any inspector duly appointed by the Board to have access to the facilities of the producer and to enter upon the lands and premises of the producer upon reasonable notice to count the producer’s flock or flocks of layers.
2.08 A Quota holder who has at any time more layers housed in his facilities than the number permitted by his quota shall pay to the Board an over-quota penalty of One Dollar ($1.00) per layer over quota for each week during which excess quota layers are so housed.
Quota transfer policy and security recognition
3.01 No transfer or assignment of quota shall be valid unless it is first approved in writing by the Board.
3.02 A producer who wishes to sell or otherwise transfer his quota with or without facilities shall apply to the Board for approval stating the amount of quota to be transferred and the address or location of the facilities to which the transfer is proposed.
3.03 (a) For the purpose of this section, the term “secured lender” means the holder of security by way of a mortgage or deed upon the facilities of a producer.
(b) A secured lender may file with the Board evidence of its security together with a Consent to Withhold Transfer of Quota and Consent to Transfer Quota in the form attached to this Policy as Schedule “A” signed by the producer whose facilities are thereby secured.
(c) The Board may, upon the filing of the documents referred to in subclause (b) hereof, recognize the security of the secured lender by giving a written acknowledgement of the security and an undertaking not to approve any transfer of the quota without facilities unless the written consent of the secured lender to any such transfer has first been obtained and filed with the Board.
(d) In the event that a secured lender forecloses upon its security and the facilities of the producer are thereby transferred, the provisions of Section 3.02 hereof shall apply to the transfer.
(e) Notwithstanding Section 2.05 of the Quota Regulations, the Board may approve the transfer of quota to a secured lender in the event of foreclosure of the security if the secured lender establishes to the satisfaction of the Board that the secured lender is taking reasonable steps to dispose of the quota and facilities.
(f) Notwithstanding anything to the contrary in this regulation, a secured lender may not transfer quota unless he is simultaneously transferring to the same person the facilities for which the quota was issued.
Quota lease policy
4.01 Any registered quota holder may once only during the quota holder’s lifetime offer for lease through the Nova Scotia Egg Producers (“the Board”) as hereinafter provided all or part of the quota holder’s quota for one twelve month period.
Section 4.01 amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
4.02 Any invitation to lease quota must be made through the Board by offer in writing which shall state both the amount of quota offered for lease and the twelve month period for which it is offered.
4.03 The Board, while in no way undertaking to ensure that a Lessee will be found, shall advertise the lease invitation on a tender basis in the form attached as Schedule “B” or such form as may be approved by the Board from time to time.
Section 4.03 amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
4.04 The Board shall be entitled to a commission of ten per centum (10%) of the price negotiated for any quota lease or renewal thereof and any lease payments shall be made payable to the Board.
4.05 Notwithstanding the provisions of Section 4.01 hereof, any quota which is under lease at the time of the implementing of this revised policy shall be eligible for such lease renewals as were provided under the Quota Lease Policy in place when it was first leased.
4.06 Notwithstanding the provisions of Section 4.01 hereof, the Board may permit a registered quota holder to lease quota for more than one twelve month period during his lifetime if it is satisfied
(a) that the request to lease his quota results from natural disaster, fire, illness or some cause of a similar nature, outside his control, which will require him to forego production for a twelve month period;
(b) that the quota holder intends to resume production during the next twelve month period after the lease utilizing his full quota.
4.07 (a) Also notwithstanding the provisions of Section 1 hereof, if a registered quota holder finds it necessary to conduct major renovations on any of the buildings in his facilities of such a nature that the building will be out of production for a substantial portion of any twelve month period, the Board may permit the registered quota holder to lease the quota attributed by the Board to that building for a period of twelve months upon satisfactory evidence being presented by the producer to the Board of his intentions with respect to such renovations and subject to subparagraph (c) hereof the permission of the Board to lease such quota pursuant to this paragraph shall not be treated as the producer’s “once in a lifetime” application pursuant to Section 1 hereof.
(b) Notwithstanding the provisions of Section 1, a registered quota holder may apply to lease quota pursuant to subparagraph (a) hereof on as many occasions as are required in order for him to conduct renovation to a building in his facilities.
(c) In the event that approval to lease quota is issued by the Board to a producer pursuant to subparagraph (a) hereof and the renovations for which the application were made are not carried out in accordance with the tenor of the application to the satisfaction of the Board, the Board may then consider the approval for the lease as having been obtained pursuant to Section 1 of this Policy.
4.08 Any quota or portion of quota which is under lease as herein provided at the time of any increase or decrease of quota established by the Canadian Egg Marketing Agency or by the Board shall be subject to the same increase or decrease pro rata as it would have been subject to had it continued to be used by the registered quota holder from whom it is leased.
4.09 (a) In the event that a registered quota holder has leased out any part of his quota pursuant to this or any preceding Quota Lease Policy, he shall have thirty (30) days from the expiry of the twelve-month lease period to resume production on the basis of the quota having reverted to him.
(b) If a registered quota holder fails to resume production on the basis of the quota having reverted to him within thirty (30) days of the termination of the twelve-month lease period, then, subject to paragraph (c) hereof, the quota shall revert automatically to the Board and the registered quota holder shall not be entitled to apply for return of the quota to him but shall be entitled only to apply to the Board for payment of the then current price for quota established by the Board.
(c) A quota holder may apply to the Board at any time before the thirty (30) days referred to in subparagraphs (a) and (b) expires for an extension of time to resume production, and, if such an extension is granted, the quota shall revert to the Board only if the quota holder has not resumed production on the basis of the quota having reverted to him within the extension period.
4.10 The Board may refuse approval of any quota lease where either the proposed lessor or the proposed lessee owes the Board money in relation to levies, licences or over-quota penalties and where such money has been outstanding for more than ninety (90) days.
5.01 A levy is hereby imposed upon every quota holder in the amount calculated by multiplying the quota holder’s marketing quota by the national rate of lay and the current levy.
Section 5.01 replaced: O.I.C. 2001-321, N.S. Reg. 85/2001, effective December 26, 1999.
5.02 A levy is hereby imposed upon every non-quota holder in the amount calculated by multiplying the number of layers housed by a non-quota holder by the non-quota holder rate of lay and the current levy.
Section 5.02 replaced: O.I.C. 2001-321, N.S. Reg. 85/2001, effective December 26, 1999.
5.03 Where the number of layers housed by a non-quota holder is unavailable, the Board shall have the option of using egg marketing records and the non-quota holder rate of lay in order to estimate the number of layers, and the estimated number shall be deemed appropriate for the purpose of calculating the non-quota holder’s levy pursuant to [sub]Section 5.02.
Section 5.03 replaced: O.I.C. 2001-321, N.S. Reg. 85/2001, effective December 26, 1999.
5.04 A levy collected by the Board pursuant to Sections 5.01 and 5.02 shall be collected
(a) on behalf of the Board, with respect to eggs marketed by a producer within the Province; and
(b) on behalf of the Agency, with respect to eggs marketed by a producer in interprovincial and export trade.
Section 5.04 replaced: O.I.C. 2001-321, N.S. Reg. 85/2001, effective December 26, 1999.
5.05 A levy payable by a quota holder shall be prepaid pursuant to Regulation #6.
Section 5.05 added: O.I.C. 2001-321, N.S. Reg. 85/2001, effective December 26, 1999.
5.06 A levy payable by a non-quota holder shall be payable within 15 days of the date that the invoice for the levy is sent out to the non-quota holder by the Board.
Section 5.06 added: O.I.C. 2001-321, N.S. Reg. 85/2001, effective December 26, 1999.
Levy system regulations
6.01 (a) On or before January 15 of each year hereafter, every quota holder shall deliver to the Board a series of 13 equal post-dated cheques for the payment of this levy to the Board for that year.
Clause 6.01(a) replaced: O.I.C. 2001-321, N.S. Reg. 85/2001.
(b) Each post-dated cheque shall be in the amount calculated by multiplying the quota holder’s marketing quota by the national rate of lay and the then current levy and dividing the result by 13.
Clause 6.01(b) added: O.I.C. 2001-321, N.S. Reg. 85/2001.
(c) The post-dated cheques shall be dated and honoured on the 14th day of each 4-week bird inventory period established by the Board.
Clause 6.01(c) added: O.I.C. 2001-321, N.S. Reg. 85/2001.
6.01AEvery non-quota holder shall pay to the Board quarterly within 15 days of the end of each quarter in every calendar year the amount of levy payable with respect to all sales of eggs made by the non-quota holder during the preceding quarter at the levy rate established by the Board from time to time.
Original clause 6.01(b) redesignated Section 6.01A and amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
6.02 Every quota holder shall deliver to the Board promptly at the end of each 4-week period a 4 Week Bird Inventory in the form prescribed by the Board providing details of all changes in the quota holder’s flock.
Section 6.02 amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
6.03 Every quota holder shall deliver to the Board promptly at the end of each week a Producer’s Weekly Grading and Marketing Report in the form prescribed by the Board providing details of all eggs purchased by the quota holder from outside Nova Scotia and the number of eggs sold by the quota holder outside Nova Scotia as provided for in the form.
Section 6.03 amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
Section 6.04 repealed: O.I.C. 2001-321, N.S. Reg. 85/2001.
Section 6.05 repealed: O.I.C. 2001-321, N.S. Reg. 85/2001.
6.06 A quota holder whose levy is not paid within thirty (30) days of the date that it becomes due shall be subject to the forfeiture of one- thirteenth (1/13) of his quota for one year for every such instalment of levy not paid.
6.07 A quota holder whose levy or over-quota penalty or any portion of whose levy or over-quota penalty is not paid within ninety (90) days that it becomes due shall be subject to the forfeiture of his quota permanently in direct proportion to the unpaid portion of his levy.
6.08 (a) Every quota holder shall maintain completed and up to date records to support his “4 Week Bird Inventory” reports and his “Producer’s Weekly Grading and Marketing Reports” and of all sales available for periodic inspection and periodic audit at his facilities by representatives of the Board.
(b) Every non-quota holder shall maintain completed and up to date records of all eggs offered by him for sale and of all eggs sold by him available for periodic inspection and periodic audit at his facilities by representatives of the Board.
7.01 The Board, upon consultation with the Agency as often as may be required pursuant to the terms of the Egg Pricing Agreement, shall publish and distribute to all producers a price list establishing the following minimum prices effective commencing the Monday next following the date of publication:
(a) the producer price;
(b) the wholesale paying price
(i) f.o.b. the farm
(ii) f.o.b. the wholesaler’s warehouse, and
(iii) f.o.b. a retailer;
(c) the wholesale selling price; and
(d) the spot price.
7.02 Any such price list may show in addition to the foregoing any such increments or reductions which the Board may establish from time to time in relation to
(a) size of eggs;
(b) brown eggs; and
(c) eggs produced in particular geographical regions of the Province of Nova Scotia.
7.03 Unless authorized by the Board in writing,
(a) no producer shall sell or offer to sell eggs at a price or prices lower than those set forth in the price list established pursuant to Sections 7.01 and 7.02 hereof;
(b) no producer shall market eggs in combination with any other commodity at a combined price or at a price different from the price of the commodities when purchased separately;
(c) no producer shall market eggs contemporaneously with any gift or sale of anything of value including eggs;
(d) no person shall buy eggs at a price or prices lower than those set forth in the price list published pursuant to Sections 7.01 and 7.02 hereof.
7.04 Any producer who violates Section 7.03 of this regulation shall be in violation of the Plan and the Act.
Consent to Withhold Transfer of Quota and Consent to Transfer of Quota
Whereas the Undersigned has given security to
(hereinafter called the “secured lender”) by way of a deed or mortgage on his egg production facilities to secure the repayment of a loan;
The undersigned, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration now paid by the secured lender (the receipt of which is hereby acknowledged) to the Undersigned, hereby gives to the Nova Scotia Egg Producers (hereinafter called the “Commodity Board”) full authority to withhold the transfer without facilities to the Undersigned’s egg marketing quota and any part or parts thereof unless the Undersigned has first obtained and filed with the Commodity Board the written consent to the secured lender to such transfer;
And, in the event that the security of the secured lender is foreclosed or in the event the secured lender acquires the right pursuant to the security to take possession of or dispose of the producer’s egg production facilities, the Undersigned hereby authorizes and instructs the Commodity Board to transfer the Undersigned’s egg marketing quota to the secured lender or to such other person who may become the owner of the facilities of the Undersigned for which the egg marketing quota was issued.
It is agreed that this consent shall be read with all changes of gender and number required of its context.
It is further agreed that this Consent shall ensure to the benefit of and be binding upon not only the Undersigned, the secured lender and the Commodity Board, but also to their respective heirs, executors, administrators, successors and assigns.
In witness thereof the Undersigned has executed these presents this _______ day of _______________, 20___.
Signed, Sealed & Delivered )
- in the presence of - )
N.B. Where the producer is a body corporate, red seal should be removed and corporate seal should be used in its place.
Schedule “A” amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
Quota Available for Lease
X number of birds of egg quota are offered for lease on a Tender basis. The term of the lease shall be from ________________, 20___ to ______________, 20___.
Any quota holder may bid for the use of all or part of this quota. Bids may be hand-delivered, sent by prepaid registered mail, telegram to the Nova Scotia Egg Producers, P.O. Box 1096, Truro, Nova Scotia, B2N 5G9, but must reach the Board office no later than 4:00 p.m. Atlantic Standard/Daylight Saving (delete one) time on ___________, 20___.
Please note that the highest or any Tender need not necessarily be accepted as the present quota holder reserves the right to refuse any bid and the Board reserves the right to approve the quota lease. The Board will receive ten percent (10%) of the proceeds.
It should be noted that the successful bidder will be required to pay the lease rental price for the full twelve month period before accepting layers for placement on the basis of the lease.
Schedule “A” redesignated “B” and amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
Note: “quota-holder” replaced with “quota holder” and “non-quota-holder” replaced with “non-quota holder”: O.I.C. 2001-321, N.S. Reg. 85/2001.