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Delegation of Regulation-making Powers to
Hatching Egg Farmers of Nova Scotia Regulations

made under Section 11 of the

Natural Products Act

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

O.I.C. 2018-111 (effective April 17, 2018), N.S. Reg. 67/2018


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

Definitions

Regulation-making powers delegated to Commodity Board

Council supervision of regulation-making powers delegated to
the Commodity Board

Council retains authority to exercise powers


 


Citation

1     These regulations may be cited as the Delegation of Regulation-making Powers to Hatching Egg Farmers of Nova Scotia Regulations.


Definitions

2     In these regulations,

 

“Act” means the Natural Products Act;

 

“Commodity Board” means the Hatching Egg Farmers of Nova Scotia, a body corporate constituted under the Plan;

 

“Plan” means the Hatching Egg Marketing Plan made by the Council under Section 11 of the Act.


Regulation-making powers delegated to Commodity Board

3     (1)    The Council delegates to the Commodity Board the Council’s power under subsection 9(1) of the Act to make regulations

 

                (a)    regulating and controlling the marketing or production of hatching eggs or chicks produced in the Province (clause 9(1)(a) of the Act);

 

                (b)    designating an agency or agencies through which hatching eggs or chicks produced in the Province must be marketed (clause 9(1)(a) of the Act);

 

                (c)    providing for the licensing of persons to permit them to produce or market hatching eggs or chicks (clause 9(1)(b) of the Act);

 

                (d)    fixing and determining licence fees payable to the Commodity Board, to be used for carrying out the Plan and the regulations, and providing for the payment of the licence fees to the Commodity Board in instalments (clause 9(1)(b) of the Act);

 

                (e)    providing for any of the following in relation to a quota system for the production or marketing of hatching eggs or chicks:

 

                         (i)     production or marketing on a quota basis (subclause 9(1)(c)(i) of the Act),

 

                         (ii)    the fixing and allotting of a quota to a person (subclause 9(1)(c)(ii) of the Act),

 

                         (iii)   the refusal to fix and allot a quota to a person (subclause 9(1)(c)(iii) of the Act),

 

                         (iv)   the transfer of quotas among producers, and the terms and conditions of transfer (subclause 9(1)(c)(iv) of the Act),

 

                         (v)    the cancellation or reduction of, or the refusal to increase, a quota fixed or allotted to a person for reasons that the Commodity Board considers proper (subclause 9(1)(c)(v) of the Act);

 

                (f)    prohibiting any of the following in relation to a quota system for the production or marketing of hatching eggs or chicks:

 

                         (i)     the production or marketing of hatching eggs or chicks by a person to whom a quota has not been fixed and allotted (subclause 9(1)(d)(i) of the Act),

 

                         (ii)    the production or marketing of hatching eggs or chicks by a person in excess of the quota that has been fixed and allotted to that person (subclause 9(1)(d)(ii) of the Act),

 

                         (iii)   the production or marketing of hatching eggs or chicks by a person other than hatching eggs or chicks produced on the land in respect of which a quota has been fixed and allocated to that person (subclause 9(1)(d)(iii) of the Act),

 

                         (iv)   the transfer or assignment by a person of the quota that has been fixed and allotted to that person (subclause 9(1)(d)(iv) of the Act);

 

                (g)    providing the form of licences for producers and the terms and conditions on which licences may be issued, renewed, suspended or revoked (clause 9(1)(e) of the Act);

 

                (h)    providing for the making of returns or the furnishing of information by a person licensed to produce or market hatching eggs or chicks (clause 9(1)(f) of the Act);

 

                (i)     providing for the carrying out of the Plan (clause 9(1)(g) of the Act);

 

                (j)     prescribing the rates to recover the expenses of hatching egg promotional and research programs under clause 6(1)(fa) of the Act and procedures for the collection of those rates (clause 9(1)(ha) of the Act);

 

                (k)    fixing and determining licence fees, levies and charges to be paid by producers in relation to the administration of the Plan and the regulations (clause 9(1)(hb) of the Act).

 

       (2)    The Commodity Board regulations may be limited as to time or place or to a grade or class of hatching eggs or chicks.


Council supervision of regulation-making powers delegated to the Commodity Board

4     (1)    The exercise by the Commodity Board of any power delegated by Section 3 is subject to the supervision of Council.

 

       (2)    The Commodity Board regulations and each amendment or revocation of the Commodity Board regulations must be approved by the Council.


Council retains authority to exercise powers

5     Despite the delegation of powers to the Commodity Board in Section 3, if the Commodity Board refuses to act or is unable to act, the Council retains the authority to exercise the powers that have been delegated to the Commodity Board.


 

Legislative History
Reference Tables

Delegation of Regulation-making Powers to Hatching Egg Farmers of Nova Scotia Regulations

N.S. Reg. 67/2018

Natural Products 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 Delegation of Regulation-making Powers to Hatching Egg Farmers of Nova Scotia Regulations made under the Natural Products Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

67/2018

April 17, 2018

date specified

May 11, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In 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.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

..........................................................

 

 

 

 

 

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

 

 

 

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

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.

 


Webpage last updated: 17-05-2018