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Egg Farmers of Nova Scotia Marketing Plan

made under Section 11 of the

Natural Products Act

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

O.I.C. 82-1416 (November 23, 1982), N.S. Reg. 239/1982

amended to O.I.C. 2022-312 (effective December 13, 2022), N.S. Reg. 321/2022



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.

 


 

Part I

Citation

Definitions

Purposes of Plan

Recommendation to discontinue Plan

Powers delegated to Commodity Board by Council under subsection 6(2) of Act

Regulation-making powers delegated to Commodity Board by Council under clause 11(d) of the Act

Council retains authority to exercise powers

Composition of Commodity Board

Election or appointment of Board membership

Term of office of Board member

Board operating year and annual general meeting

Notice of meetings

Election of Chair and Vice-Chair of Board

Notice of Board meeting

If Chair absent from Board meeting

Quorum for Board meetings

Removal of Board member from office

Acts of Board valid despite irregularity or temporary vacancy

Copies of Board records to Council

Board financial statements and other annual reporting

Requirement to hold licence or pullet quota certificate

Suspension, revocation and refusal to renew licence

Requirement to register, provide information

 

Part II

Quota system

Licences

Levies

Sales verification

General


 

Part I


Citation

1        These regulations may be cited as the Egg Farmers of Nova Scotia Marketing Plan.


Definitions

2        In these regulations,

 

“Act” means the Natural Products Act;

 

“Agency” means the Canadian Egg Marketing Agency established under the Farm Products Agencies Act (Canada);

 

“annual general meeting” means an annual general meeting of pullet producers and licensed egg producers, as required by this Plan;

 

“Commodity Board” or “Board” means the Nova Scotia Egg Producers, which is continued under the name Egg Farmers of Nova Scotia;

 

“Council” means the Natural Products Marketing Council;

 

“egg” means an egg of a hen;

 

Egg Farmers of Nova Scotia Pullet Regulations” means the Egg Farmers of Nova Scotia Pullet Regulations made under the Act;

 

“Egg Regulations” means the Egg Farmers of Nova Scotia Egg Regulations made under the Act;

 

“egg quota certificate” means a certificate issued by the Board under the Egg Regulations indicating the maximum number of layers that the producer is entitled to use in producing eggs;

 

“egg quota leasing certificate” means a certificate issued by the Board under the Egg Regulations indicating the maximum number of layers that the specialty licensee is entitled to use in producing eggs;

 

“facility” means the building, land, fixture or laying facility used by a person for egg production, grading or processing, or for pullet production;

 

“grading” means sorting and classifying eggs;

 

“grader” means a person designated as a grader under subsection 13(3) of the Canadian Food Inspection Agency Act;

 

“grader licence” means a licence issued by the Board that allows the holder to grade eggs;

 

“hen” means a female of any class of domestic fowl belonging to the species Gallus domesticus;

 

“heritage licence” means a licence issued by the Board to a person who has produced and marketed eggs in the Province without holding egg quota in every year since July 25, 1984, that allows the holder to produce eggs;

 

“layer” means a laying hen;

 

“laying facility” means an area within a facility that is used to shelter layers;

 

“laying hen” means a hen that is 19 weeks of age or older;

 

“licence” means a licence issued by the Board to authorize a person to engage in an activity specified in Section 20 for which a licence is required;

 

“licensed egg producer” means an egg producer holding a producer licence issued by the Commodity Board under the Egg Regulations;

 

“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 eggs and pullets in a form, or make them available at a place and time, for purchase, consumption or use, and also includes sale by peddlers, hawkers and traders;

 

“marketing licence” means a processor licence or grader licence issued under the Egg Regulations;

 

“person” means all of the following:

 

                              (i)      a natural person,

 

                              (ii)     a corporation, a company or other body corporate,

 

                              (iii)    a partnership,

 

                              (iv)    a trust or estate;

 

“Plan” means the Egg Farmers of Nova Scotia Marketing Plan;

 

“processing” includes breaking, filtering, blending, heat treating, stabilizing, mixing, cooling, freezing or drying eggs;

 

“processor” means a person engaged in processing eggs;

 

“processor licence” means a licence issued by the Board to a processor that allows the processor to process eggs;

 

“proclamation” means the Canadian Egg Agency Proclamation issued under the Farm Products Marketing Agencies Act (Canada);

 

“producer” means a person engaged in producing eggs or pullets in the regulated area;

 

“producer licence” means a licence issued to a person who holds egg quota that allows the person to produce eggs;

 

“producing licence” means a producer licence, specialty licence or heritage licence;

 

“pullet” means a hen that is less than 19 weeks of age and has been produced for the purpose of laying eggs for human consumption;

 

“Pullet Placement Permit” means a permit issued to a producer by the Board that authorizes the producer to place pullets or layers in their facility;

 

“pullet producer” means a pullet producer holding a pullet quota certificate issued by the Commodity Board under the Egg Farmers of Nova Scotia Pullet Regulations;

 

“pullet quota certificate” means a certificate issued by the Board under the Egg Farmers of Nova Scotia Pullet Regulations indicating the amount of pullets a producer is entitled to grow;

 

“quota” means

 

                              (i)      in reference to egg production, the maximum number of layers that the holder is entitled to use in producing eggs,

 

                              (ii)     in reference to pullet production, the maximum number of pullets that a producer is entitled to grow in their facility;

 

“regulated area” means all of the Province;

 

“specialty eggs” means any of the following types of eggs:

 

                              (i)      free run,

 

                              (ii)     free range,

 

                              (iii)    organic,

 

                              (iv)    any other type of egg designated by the Board as a specialty egg;

 

“specialty licence” means a licence issued by the Board to a person that allows that person to produce specialty eggs.


Purposes of Plan

3        The purposes of the Plan are to promote and regulate egg production and marketing in Nova Scotia, and in particular to

 

                   (a)      provide for a supply of eggs in volumes agreed upon with the Agency or an agency of a provincial government; and

 

                   (b)     establish a framework for the Commodity Board to administer the Plan through activities including

 

                              (i)      setting quotas for egg producers,

 

                              (ii)     setting quotas for pullet producers,

 

                              (iii)    facilitating cooperation with marketing boards, marketing commissions or marketing agencies established by the Government of Canada or any province in Canada for the purpose of producing and marketing eggs, and

 

                              (iv)    fixing fair or minimum market prices to be paid to a producer for eggs of any class, variety, grade, or size.


Recommendation to discontinue Plan

4        (1)    If at least 50% of the pullet producers and licensed egg producers sign a request to vote on discontinuing the Plan and submit the request to the Council, the Council must submit the question of continuing the Plan to a vote of the pullet producers and licensed egg producers and, if a majority satisfactory to the Council do not vote in support of the Plan, the Council may recommend that the Plan be discontinued.

 

          (2)    The pullet producers and licensed egg producers entitled to vote under subsection (1) are limited to 1 vote per producer.


Powers delegated to Commodity Board by Council under subsection 6(2) of Act

5        (1)    Under subsection 6(2) of the Act, the Council delegates to the Commodity Board the power to

 

                   (a)      do any acts, make any orders and issue any directions that are necessary to enforce the Act, the Plan and the regulations (clause 6(1)(c) of the Act);

 

                   (b)     investigate the cost of producing, distributing and transporting eggs and pullets, prices, price spreads, trade practices, methods of financing, management, grading, policies and other matters relating to marketing or producing eggs and pullets (clause 6(1)(b) of the Act);

 

                   (c)      determine fair or minimum prices that must be paid to producers or to the Board for any class, variety, grade or size of eggs or pullets (clause 6(1)(g) of the Act);

 

                   (d)     exempt from the Plan or any order or direction of the Commodity Board any person or class of persons engaged in producing or marketing eggs or pullets, or producing or marketing a class, variety or grade of eggs or pullets (clause 6(1)(h) of the Act);

 

                   (e)      require persons engaged in producing or marketing eggs or pullets to register with the Commodity Board their names, addresses and occupations and the quantity of eggs and pullets produced or marketed by them, and require persons engaged in producing or marketing eggs or pullets to furnish such additional information as the Commodity Board may determine and inspect the books, records and premises of persons engaged in production or marketing (clause 6(1)(i) of the Act);

 

                   (f)      cooperate and act conjointly with a marketing board, commodity board, marketing commission or marketing agency of Canada or a province or territory in Canada established for the purpose of marketing eggs and pullets (clause 6(1)(l) of the Act);

 

                   (g)     cooperate and act conjointly with boards or agencies in the Province for the purpose of sharing information or resources (clause 6(1)(l) of the Act);

 

                   (h)     require any person engaged in marketing or producing eggs or pullets to furnish security or proof of financial responsibility (clause 6(1)(n) of the Act);

 

                   (i)      require persons designated by the Board who are engaged in marketing eggs or pullets to deduct licence fees, levies or charges established under the Plan from any amount payable by them to producers, and to remit all amounts so deducted to the Council or Board (clause 6(1)(j) of the Act);

 

                   (j)      require the person in charge of any vehicle thought to be conveying any eggs or pullets to stop the vehicle and to permit any person appointed by the Council for that purpose to inspect the vehicle and its contents (clause 6(1)(k) of the Act);

 

                   (k)     investigate, arbitrate, adjudicate upon, adjust or otherwise settle any dispute between any 2 or more producers, distributors or transporters of eggs or pullets or any dispute between producers, distributors or transporters of eggs or pullets as classes of persons (clause 6(1)(a) of the Act);

 

                   (l)      prohibit any person from marketing or producing eggs or pullets (clause 6(1)(m) of the Act).

 

          (2)    Under clause 6(1)(e) of the Act, the Council authorizes the Board to borrow money for the purpose of carrying out any provision of the Plan.


Regulation-making powers delegated to Commodity Board by Council under clause 11(d) of the Act

6        In accordance with clause 11(d) of the Act, and subject to the approval by the Council, the Commodity Board may exercise the Council’s power under subsection 9(1) of the Act to make regulations

 

                   (a)      regulating and controlling the marketing or production of eggs and pullets within the regulated area (clause 9(1)(a) of the Act);

 

                   (b)     providing for licensing persons to permit them to engage in producing or marketing eggs or pullets (clause 9(1)(b) of the Act);

 

                   (c)      providing for

 

                              (i)      marketing or producing eggs and pullets on a quota basis (subclause 9(1)(c)(i) of the Act),

 

                              (ii)     fixing and allotting quotas to persons for marketing or producing eggs or pullets on any basis that the Board considers proper (subclause 9(1)(c)(ii) of the Act),

 

                              (iii)    refusing to fix and allot a quota to a person for marketing or producing eggs or pullets for any reason the Board considers proper (subclause 9(1)(c)(iii) of the Act),

 

                              (iv)    transferring quota among producers and the terms and conditions under which the transfers may take place (subclause 9(1)(c)(iv) of the Act), and

 

                              (v)     cancelling or reducing, or refusing to increase, a quota fixed and allotted to a person for marketing or producing eggs or pullets for any reason that the Board considers proper (subclause 9(1)(c)(v) of the Act);

 

                   (d)     prohibiting

 

                              (i)      a person to whom a quota has not been fixed and allotted for marketing or producing eggs or pullets from marketing or producing any eggs or pullets (subclause 9(1)(d)(i) of the Act), and

 

                              (ii)     a person to whom a quota has been fixed and allotted for marketing or producing eggs or pullets from marketing or producing any eggs or pullets in excess of the quota (subclause 9(1)(d)(ii) of the Act);

 

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

 

                   (f)      providing for the furnishing of security or proof of financial responsibility by persons who purchase farm products for resale (clause 9(1)(h) of the Act);

 

                   (g)     respecting licence fees, levies or charges to be paid by producers and processors in relation to the administration of this Plan and the regulations (clause 9(1)(hb) of the Act);

 

                   (h)     exempting a person or class of persons from any or all of the regulations (clause 9(1)(i) of the Act); and

 

                   (i)      providing for the making of returns or the furnishing of information by any person licensed under this Plan (clause 9(1)(f) of the Act).


Council retains authority to exercise powers

7        Despite the delegation of powers to the Board in Sections 5 and 6, if the Board refuses to act or is unable to act, the Council retains the authority to exercise the powers that have been delegated to the Board.


Composition of Commodity Board

8        (1)    For the purpose of electing the members of the Board who represent licensed egg producers, the regulated area is divided into the following 4 zones:

 

                   (a)      the Eastern Zone, comprising the counties of Inverness, Richmond, Cape Breton, Victoria, Antigonish and Guysborough;

 

                   (b)     the Central Zone, comprising the counties of Pictou, Cumberland, Colchester, Halifax and Hants;

 

                   (c)      the Western Zone, comprising the counties of Kings and Annapolis;

 

                   (d)     the Southern Zone, comprising the counties of Lunenburg, Queens, Shelburne, Yarmouth and Digby.

 

          (2)    The Board must consist of 8 members elected or appointed as follows:

 

                   (a)      1 licensed egg producer elected or appointed by the licensed egg producers in each of the Eastern, Central, Western, and Southern Zones;

 

                   (b)     3 licensed egg producers elected or appointed as members at large by the licensed egg producers at the annual general meeting;

 

                   (c)      1 pullet producer elected or appointed by the pullet producers in the regulated area.

 

          (3)    Except as provided in subsection (4), each Board member must be resident or carrying on business in the zone or area that they represent.

 

          (4)    A licensed egg producer who resides in a county that borders on a zone different from the zone in which that county is situate may affiliate with the neighboring zone and, if so affiliated, is eligible to be elected or appointed to represent the neighboring zone.


Election or appointment of Board membership

9        (1)    The licensed egg producers in each zone must elect or, if no candidates stand for election, appoint the Commodity Board members for their zone at their annual zone meeting or at a meeting called for that purpose.

 

          (2)    The licensed egg producers in attendance at an annual general meeting must elect or, if no candidates stand for election, appoint the Commodity Board members for any member at large position that expires at the end of the annual general meeting.

 

          (3)    The pullet producers in the regulated area must elect or, if no candidates stand for election, appoint their representative Commodity Board member at their annual meeting or at a meeting called for that purpose.

 

          (4)    If a zone or area fails or refuses to elect or appoint a representative to the Commodity Board as required under subsections (1) to (3), the Board may appoint a pullet producer or licensed egg producer from the zone or area to represent the zone or area on the Commodity Board.

 

          (5)    At least 60 days before the date of the annual general meeting each year, the Commodity Board must do all of the following:

 

                   (a)      notify all pullet producers and licensed egg producers of the member positions whose terms expire at the end of the annual general meeting;

 

                   (b)     establish procedures for all of the following to be used in the coming election and notify all pullet producers and licensed egg producers of the procedures:

 

                              (i)      nominating candidates;

 

                              (ii)     appointing designated representatives for corporate entities that are eligible to vote;

 

                              (iii)    resolving any tied votes;

 

                              (iv)    appointing Board members if no candidates are identified.


Term of office of Board member

10      (1)    Except as provided in subsections (5) and (6), the term of office for a Commodity Board member is 3 years and begins at the adjournment of the first annual general meeting following the member’s election or appointment.

 

          (2)    A Board member is eligible for re-election or re-appointment to the Board upon the expiry of their term of office.

 

          (3)    If a member dies, resigns or is otherwise removed during their term of office, the pullet producers or licensed egg producers resident or carrying on business in the zone or area represented by that member may elect or appoint another member to complete the term.

 

          (4)    If the pullet producers or licensed egg producers resident or carrying on business in a zone or area fail or refuse to elect or appoint another member as provided for in subsection (3), the Board may appoint a pullet producer or licensed egg producer from the zone or area to represent the zone or area on the Board.

 

          (5)    The terms of office of all Commodity Board members expire on the date of the 2023 annual general meeting.

 

          (6)    The initial terms of office for the 8 Commodity Board members assuming office in 2023 must be all of the following:

 

                   (a)      2 terms expiring on the date of the 2024 annual general meeting;

 

                   (b)     3 terms expiring on the date of the 2025 annual general meeting;

 

                   (c)      3 terms expiring on the date of the 2026 annual general meeting.

 

          (7)    One of each of the terms described in subsection (6) must be set aside and assigned to each member at large elected or appointed under clause 8(2)(b) through a random draw at the 2023 annual general meeting.

 

          (8)    After setting aside 3 terms for members at large under subsection (7), the remaining 5 terms described in subsection (6) must be assigned to each Commodity Board member elected or appointed under clauses 8(2)(a) and 8(2)(c) through random draws held at the meeting where the member is elected or appointed.


Board operating year and annual general meeting

11      (1)    An operating year of the Board begins on the day immediately after the end of a 52- or 53-week production year established by the Agency and ends at the end of the next following production year established by the Agency.

 

          (2)    The Board must hold an annual general meeting no later than 4 months after the last day of an operating year.


Notice of meetings

11A   (1)    The Board must provide at least 10 days’ notice of the annual general meeting to all producers.

 

          (2)    Notice of an annual general meeting or other Board meeting must be made in writing and must be sent using 1 or more of the following methods:

 

                   (a)      registered mail;

 

                   (b)     regular postal mail;

 

                   (c)      courier;

 

                   (d)     fax;

 

                   (e)      e-mail.


Election of Chair and Vice-Chair of Board

12      At the first Board meeting after an annual general meeting, the members of the Board must elect a Chair and a Vice-Chair from among the members, and may appoint any other officers that they consider necessary.


Notice of Board meeting

13      A meeting of the Board may be called at any time

 

                   (a)      by the Chair, by giving each member at least 3 days’ notice of the meeting; or

 

                   (b)     by any 4 members of the Board, by giving each member at least 7 days’ notice of the meeting.


If Chair absent from Board meeting

14      If the Chair is absent from a Board meeting, the Vice-chair must act as chair of the meeting, and if neither the Chair nor the Vice-chair is present at a meeting, the members present must elect a chair for the meeting.


Quorum for Board meetings

15      At all meetings of the Board, 5 members constitute a quorum.


Removal of Board member from office

16      The Commodity Board may remove a Board member from office if the member fails to attend 3 consecutive meetings of the Board without adequate cause, or for any other reason that the Board considers sufficient.


Acts of Board valid despite irregularity or temporary vacancy

17      Despite any irregularity in the appointment, election or qualification of any member of the Board, or any temporary vacancy on the Board, every act of the Board is as valid as if the Board were duly constituted and every member duly appointed, elected and qualified.


Copies of Board records to Council

18      The Board must promptly send all of the following to the Council:

 

                   (a)      certified copies of all orders, directions, regulations and determinations of the Board;

 

                   (b)     copies of the minutes of all Board meetings.


Board financial statements and other annual reporting

19      (1)    The Board must keep proper books of account that must be audited at the end of each operating year by an auditor who has been appointed at the most recent annual general meeting and who is acceptable to the Council.

 

          (2)    No later than 3 months after the last day of an operating year, the Board must send a complete set of the financial statements of the Board, together with the auditor’s report, to the Council.

 

          (3)    At least 7 days before the date of an annual general meeting, the Board must send all of the following to each pullet producer and licensed egg producer:

 

                   (a)      a copy of the financial statements of the Board for the past operating year, together with the auditor’s report;

 

                   (b)     a report of the Chair setting out the activities of the Board during the past operating year.

 

          (4)    The Commodity Board must send the documents referred to in subsection (3) using 1 or more of the following methods:

 

                   (a)      registered mail;

 

                   (b)     regular postal mail;

 

                   (c)      courier;

 

                   (d)     fax;

 

                   (e)      e-mail.


Requirement to hold licence or pullet quota certificate

20      (1)    A person must not produce eggs or grade or process eggs in the regulated area except under the authority of a licence issued by the Board.

 

          (2)    A person must not produce pullets in the regulated area unless under the authority of a pullet quota certificate issued by the Board.


Suspension, revocation and refusal to renew licence

21      The Board may recommend that the Council suspend, revoke or refuse to renew a licence, in whole or in part, for failure to observe, perform or carry out the provisions of the Act, the Plan, or any regulations made or direction issued by the Board.


Requirement to register, provide information

22      (1)    Each producer, grader and processor must register their name, address and occupation with the Board.

 

          (2)    Each person who markets or produces eggs or pullets must give the Board any information relating to the production or marketing of eggs or pullets that the Board requires, including information in the form of returns to be completed and filed with the Board.




Part II

 

1        In this Part

 

“Agency” means the Canadian Egg Marketing Agency established under the Farm Products Agencies Act (Canada);

 

“Council” means the Natural Products Marketing Council;

 

“Commodity Board” means the Egg Farmers of Nova Scotia;

 

“quota” means the number of dozens of eggs that an egg producer is entitled to market in intraprovincial trade through normal marketing channels, or to have marketed on his behalf by the Commodity Board in intraprovincial trade, during a specified period of time;

 

“quota system” means a system whereby egg producers are assigned quotas by the Council or the Commodity Board thus enabling the Commodity Board to fix and determine the quantity, if any, in which eggs of any variety, class or grade thereof may be marketed in intraprovincial trade by each egg producer and by all egg producers.


Quota system

2        The Council or Commodity Board shall, on the coming into force of this Part, establish by order or regulation a quota system in order to assign quotas to all members of classes of producers in the province in such manner that the number of dozens of eggs produced in the province and authorized to be marketed in intraprovincial trade in the year 1973, when taken together with the number of dozens of eggs produced in the province and authorized to be marketed in interprovincial and export trade in the same year, pursuant to quotas assigned by the Agency, and the number of dozens of eggs produced in the province and anticipated to be marketed in the same year, other than as authorized by a quota assigned by the Agency or by the Council or Commodity Board, will equal the number of dozens of eggs set out in Section 3 of this Part.

 

3        For the purposes of Section 2 of this Part the number of dozens of eggs set out in this Section for the province is the number of dozens set out in Column II of an item of the following table in respect of the province as set out in Column I of that item, such number of dozens representing the percentage set out in Column III of that item.

 

Table

                                                                                                                                                  

                Column I                               Column II                                     Column III

       1.      British Columbia                     57,250,000                                  12.055 per cent

       2.      Alberta                                    41,344,000                                    8.704 per cent

       3.      Saskatchewan                          22,611,000                                    4.760 per cent

       4.      Manitoba                                 54,189,000                                  11.408 per cent

       5.      Ontario                                  181,267,000                                  38.161 per cent

       6.      Quebec                                    78,647,000                                  16.556 per cent

       7.      New Brunswick                        8,683,000                                    1.828 per cent

       8.      Nova Scotia                             19,504,000                                    4.106 per cent

       9.      Prince Edward Island                3,028,000                                    0.637 per cent

       10.    Newfoundland                          8,477,000                                    1.785 per cent

                                                                                                                                                  

 

4     (1)    No order or regulation shall be made where the effect thereof would be to increase the aggregate of

 

                (a)    the number of dozens of eggs produced in the province and authorized by quotas assigned by the Council or Commodity Board and by the Agency to be marketed in intraprovincial, interprovincial and export trade; and

 

                (b)    the number of dozens of eggs produced in the province and anticipated to be marketed in intraprovincial, interprovincial and export trade other than as authorized by quotas assigned by the Council or Commodity Board, and by the Agency

 

to a number that exceeds, on a yearly basis, the number of dozens of eggs set out in Section 3 of this Part for the province unless the Council or Commodity Board has taken into account

 

                (c)    the principle of comparative advantage of production in respect of each province;

 

                (d)    any variation in the size of the market for eggs;

 

                (e)    any failures by egg producers in the province or provinces to market the number of dozens of eggs authorized to be marketed;

 

                (f)    the feasibility of increased production in each province to be marketed; and

 

                (g)    comparative transportation costs to market areas from alternative sources of production,

 

and the Agency is making a similar order or regulation.

 

       (2)    No order or regulation shall be made where the effect thereof would be to decrease the aggregate of

 

                (a)    the number of dozens of eggs produced in the province and authorized by quotas assigned to the Council or Commodity Board and by the Agency to be marketed in intraprovincial, interprovincial and export trade; and

 

                (b)    the number of dozens of eggs produced in the province and anticipated to be marketed in intraprovincial, interprovincial and export trade other than as authorized by quotas assigned by the Council or Commodity Board and by the Agency

 

to a number that, on a yearly basis, is less than the number of dozens of eggs set out in Section 3 of this Part for the province unless at the same time the number of dozens of eggs produced in each other province and so authorized to be marketed in intraprovincial, interprovincial and export trade is decreased proportionately.

 

       (3)    When the Agency has made an order or regulation pursuant to provisions of a marketing plan similar to the provisions of subsections (1) or (2), the Commodity Board shall make a similar order or regulation.

 

5     The Council or Commodity Board may require that each egg producer to whom a quota is assigned, as a condition of the assignment thereof, to make available to the Commodity Board or its agent all eggs produced by him and available to be marketed in excess of the quota assigned to him at a price not exceeding the difference, if any, between the price realized by the Commodity Board or its agent on the marketing of such eggs and its expenses related to such marketing.

 

6     (1)    The Commodity Board may market eggs made available to it or its agent on an individual or collective basis and may pool the receipts from the marketing thereof and deduct from the pool the expenses incurred by it or by its agent in marketing such eggs before any payment is made to the producers.

 

       (2)    The Commodity Board shall not market any quantity of the products made available to it in excess of the number of eggs referred to in Sections 2 and 3 or as modified pursuant to Section 4 of this Part, without prior consultation of with the Agency.

 

7     The Commodity Board shall, with the concurrence of the Agency, administer on its behalf all orders and regulations made by it for the purpose of establishing and implementing a quota system or any such orders or regulations necessary to implement the provisions of the Canadian Egg Marketing Agency Proclamation and similar provisions of this Part.

 

8     The Council and Commodity Board shall make, approve and implement any order or regulation necessary to reflect any provisions of this Part.


Licences

9     The Council or Commodity Board shall make available to the Agency any documents or extract of documents establishing the registration or licensing of producers, when any such system is in force.


Levies

10   The Commodity Board shall, with the concurrence of the Agency, collect on its behalf any levies imposed by the Agency.


Sales verification

11   (1)    The Council or Commodity Board shall make regulations and orders requiring any person engaged in marketing eggs to give all the information necessary to monitor sales.

 

       (2)    The Council or Commodity Board shall establish a verification system of sales.

 

       (3)    The Council or Commodity Board shall provide all information obtained from the implementation of the system referred to in subsection (2) to the Agency when requested.


General

12   The Council or Commodity Board shall take all reasonable steps to promote a high degree of cooperation between itself and the Agency, and without limiting the generality of the foregoing, shall

 

                (a)    make available to the Agency the records, minutes and decisions of the Council or Commodity Board in relation to any matter that is of concern to the Agency;

 

                (b)    allow an officer or employee of the Agency who is designated by the Agency for such purpose to attend meetings of the Council or Commodity Board at which any matter that is of concern to the Agency is likely to be discussed and for such purpose shall give notice of all such meetings to the officer or employee so designated; and

 

                (c)    give notice of each order or regulation that it proposes to make to the Agency.

 

13   The authority and powers referred to in Sections 3, 14, 18, 19 and 20 of Part I of this Plan and any substituted similar provisions are restricted by and to the provisions of this Part.

 

14   This Part shall come into force on the same day the Canadian Egg Marketing Agency Proclamation comes into force.



 

 


Legislative History
Reference Tables

Egg Farmers of Nova Scotia Marketing Plan

N.S. Reg. 239/1982

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 Egg Farmers of Nova Scotia Marketing Plan 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

239/1982

Nov 23, 1982

date made

Dec 16, 1982

11/1983

Feb 1, 1983

date made

Feb 24, 1983

38/1989

Jan 1, 1989

date specified

Apr 20, 1989

281/1992

Mar 21, 1992

date specified

Jan 8, 1993

85/2001

July 5, 2001

date specified

Jul 27, 2001

164/2006

Aug 17, 2006

date specified

Sep 1, 2006

321/2022

Dec 13, 2022

date specified

Dec 30, 2022

 

 

 

 

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

Part I.................................................

rs. 164/2006

1....................................................

am. 85/2001, 321/20221

2....................................................

rs. 321/2022

2(d)...............................................

am. 85/2001

2(i)................................................

am. 85/2001

2(o)...............................................

am. 85/2001

4....................................................

rs. 321/2022

6....................................................

am. 321/2022

8(2)...............................................

rs. 321/2022

8(3)...............................................

am. 321/2022

9....................................................

rs. 321/2022

10..................................................

rs. 321/2022

11A...............................................

ad. 321/2022

12..................................................

am. 321/2022

17(3).............................................

am. 11/1983

19..................................................

rs. 321/2022

20..................................................

rs. 321/2022

20(b).............................................

rs. 38/1989, 281/1992; am. 85/2001

20(c).............................................

am. 11/1983

Part II................................................

ad. 11/1983

1....................................................

am. 85/2001

1, defn. of “agency”......................

rs. 321/2022

1, defn. of “Commodity Board”...

rs. 321/2022

 

 

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

Editorial Notes and Corrections

 

Note

Effective
date

1

Title of regulations amended from Nova Scotia Egg Producers’ Marketing Plan.

Dec 13, 2022

 

 

 

 

 

 

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: 16-01-2023