Pork Marketing Plan
made under Section 11 of the
Natural Products Act
R.S.N.S. 1989, c. 308
O.I.C. 2025-352 (effective December 1, 2025), N.S. Reg. 265/2025
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
Purposes of Plan
Discontinuation of Plan
Commodity Board Membership
Commodity Board composition
Member’s term of office
Designated representatives
Code of conduct
Commodity Board may remove member
Filling vacancy on Commodity Board
Commodity Board Elections
Nominating candidates for election to Commodity Board
Appointment of agent
Eligibility for nomination
Tied result in election
Acclamation or appointment if number of candidates insufficient for election
Commodity Board Executive
Executive of Commodity Board
Duties of Commodity Board chair
Commodity Board management
Commodity Board Operating Procedures
Calling Commodity Board meetings
Notice of Commodity Board meetings
If Chair absent from Commodity Board meeting
Voting at Commodity Board meetings
Quorum at Commodity Board meeting
Body corporate activity
Irregularity does not invalidate Commodity Board action
Financial reporting of Commodity Board
Copies of orders, directions and determinations
Commodity Board regulations must be presented to licensed producers
Licensed Producers’ Meetings
Calling meetings of licensed producers
Quorum at meetings of licensed producers
Notice of meetings of licensed producers
Voting at meetings of licensed producers
Mandatory business at annual general meeting
Citation
1 These regulations may be cited as the Pork Marketing Plan.
Definitions
2 In this Plan,
“Act” means the Natural Products Act;
“annual general meeting” means an annual general meeting held by the licensed
producers as required by this Plan;
“code of conduct” means the code of conduct established under Section 8;
“Commodity Board” means Pork Nova Scotia, a body corporate constituted under
this Plan;
“hog” means a member of the species Sus scrofa L. (domestic pig), and includes a
hog carcass;
“immediate family member” of an individual means an individual’s spouse, parent,
child or grandchild and the spouse of any parent, child or grandchild of the
individual;
“licensed producer” means a producer licensed to produce or market hogs in the
regulated area;
“member” means a member of the Commodity Board, unless the context otherwise
requires;
“own” means to have ownership of or title in;
“person” means any of the following:
(i) a natural person,
(ii) a corporation,
(iii) a partnership,
(iv) a trust or estate;
“pork” means the flesh or meat or any part or parts of a hog;
“processing” means altering the nature, size, quality or condition of hogs or pork
by mechanical means or otherwise, and includes the slaughtering of hogs;
“processor” means any person engaged in processing;
“producer” means a person who owns hogs that are bred or raised, or both, in the
regulated area for commercial purposes, or that are produced or marketed in or
from the regulated area, but does not include a processor or contract grower;
“regulated area” means all of the Province.
Purposes of Plan
3 This Plan has the following purposes:
(a) to control and regulate all aspects of the marketing of hogs in the regulated
area;
(b) to stimulate, increase and improve the marketing and production of pork
and pork products in the regulated area;
(c) to provide forums for disseminating information to producers about pork
production and marketing.
Discontinuation of Plan
4 (1) If at least 50% of the licensed producers sign a request to vote on discontinuing
this Plan and submit the request to the Council, the Council must submit the
question of continuing the Plan to a vote of the licensed producers.
(2) If a majority of licensed producers satisfactory to the Council does not vote in
support of the Plan in a vote under subsection (1), the Council may recommend
that the Plan be discontinued.
Commodity Board Membership
Commodity Board composition
5 (1) The Commodity Board must consist of no less than 3 and no more than 5
members, each of whom is a natural person who is
(a) a licensed producer who processes only those hogs that they own or is the
appointed representative of a licensed producer that is a sole proprietorship,
partnership or body corporate that processes only those hogs that it owns;
(b) resident in the regulated area; and
(c) elected, acclaimed or appointed as a member in accordance with this Plan.
(2) A licensed producer that is a sole proprietor, partnership or body corporate may not
have more than 1 designated representative serve as a member.
Member’s term of office
6 (1) The term of office of a member is 3 years.
(2) A member takes office on the adjournment of the first annual general meeting
following their election, acclamation or appointment.
Designated representatives
7 (1) A licensed producer may designate 1 natural person to represent the licensed
producer
(a) at meetings of licensed producers; and
(b) if the licensed producer is elected to the Commodity Board, on the
Commodity Board and at all meetings of the Commodity Board.
(2) A licensed producer’s designated representative must meet all of the following
criteria:
(a) they are a resident of the regulated area;
(b) if the licensed producer is a partnership or a corporation, they are a
shareholder or partner of the licensed producer or employed by the licensed
producer;
(c) if the licensed producer is a sole proprietorship, they are employed by the
licensed producer or an immediate family member of the sole proprietor;
(d) they are actively involved in the business activity of the licensed producer;
(e) they are not a licensed producer or a designated representative of any other
licensed producer.
(3) Notice of any meetings that a licensed producer is eligible to attend may be sent to
the designated representative of the licensed producer.
(4) A licensed producer’s designated representative may do any of the following:
(a) sign a written request on behalf of the licensed producer for any type of
meeting under this Plan;
(b) attend any meeting that the licensed producer is entitled to attend;
(c) be counted as the licensed producer that they represent when a quorum is
being determined;
(d) vote on any resolution on behalf of the licensed producer.
Code of conduct
8 (1) The Commodity Board must establish a code of conduct.
(2) A code of conduct established under subsection (1) is binding on all members of
the Commodity Board.
Commodity Board may remove member
9 (1) The Commodity Board may remove a member or designated representative from
the Commodity Board for any of the following reasons:
(a) they are convicted of an offence under the Act or its regulations;
(b) they are convicted of an offence under the Criminal Code (Canada);
(c) they fail to attend 3 consecutive meetings of the Commodity Board without
reasonable cause;
(d) they fail to abide by the code of conduct.
(2) A decision to remove a member or designated representative under subsection (1)
requires a 2/3 majority vote of the remaining members, in a vote held by secret
ballot.
(3) If a designated representative of a licensed producer is removed under subsection
(1), the licensed producer’s position on the Commodity Board is deemed to be
vacated and the vacancy may be filled in accordance with Section 10.
Filling vacancy on Commodity Board
10 (1) If a vacancy occurs on the Commodity Board because a member dies, resigns, is
removed or otherwise vacates the office, the remaining members may appoint an
eligible licensed producer to fill the vacancy until the Commodity Board calls an
election to fill the vacancy.
(2) An election to fill a vacancy on the Commodity Board must be held no later than
the next annual election.
(3) The term of office of a person elected to fill a vacancy on the Commodity Board is
the remaining balance of the term of the member who vacated the office.
Commodity Board Elections
Nominating candidates for election to Commodity Board
11 (1) Any nominations of candidates for election to the Commodity Board must be
submitted to the Commodity Board on or after December 1 and no later than
December 21 in each year.
(2) The Commodity Board must not accept a nomination unless the nomination is
(a) made on a form provided by the Commodity Board; and
(b) signed by the nominee indicating their acceptance of the nomination.
(3) The Commodity Board must provide each nominee with the list of nominees.
(4) A nominee may withdraw their nomination by notice in writing to the Commodity
Board as soon as practicable after nominations are closed.
Appointment of agent
12 (1) The Commodity Board may appoint an agent to conduct all or a part of an election
for membership on the Commodity Board.
(2) A member of the Commodity Board is not eligible to be appointed as an agent.
Eligibility for nomination
13 (1) A licensed producer who meets the requirements for membership in Section 5 may
be nominated to stand in a Commodity Board election.
(2) The code of conduct applies to a candidate nominated under this Section.
(3) A licensed producer may be nominated from the floor at the meeting at which the
election is held.
(4) An election for membership on the Commodity Board must be held by secret
ballot.
Tied result in election
14 (1) If an election vote results in a tie, there must be a second round of election voting.
(2) If a second round of election voting results in a tie, there must be a third round of
election voting.
(3) If a third round of election voting results in a tie, the winner must be determined by
flipping a coin, or another reliable random process agreed to by the candidates.
Acclamation or appointment if number of candidates insufficient for election
15 (1) If the number of candidates for election to the Commodity Board is equal to or less
than the number of vacancies on the Commodity Board, the candidates must be
acclaimed as members.
(2) The Commodity Board may appoint any number of members to bring the total
number of members to 5.
Commodity Board Executive
Executive of Commodity Board
16 (1) The Commodity Board must hold a meeting no later than 6 weeks after the date of
each annual general meeting and at that meeting must elect from its members an
executive consisting of all of the following members:
(a) a chair;
(b) a vice chair;
(c) a representative to the Canadian Pork Council;
(d) any additional representatives and officers as needed.
(2) The Commodity Board may assign 1 or more duties to any officer elected under
clause (1)(d), including a duty to represent the Board in any specific transaction or
activity.
(3) If no member is willing and able to serve as the Commodity Board’s representative
to the Canadian Pork Council, the Commodity Board may appoint a licensed
producer who is not a member to be the representative.
(4) A non-member licensed producer appointed as representative to the Canadian Pork
Council may attend but is not entitled to vote at meetings of the Commodity
Board.
Duties of Commodity Board chair
17 (1) The chair of the Commodity Board must preside over all meetings of the
Commodity Board, annual general meetings, special meetings of licensed
producers and meetings of the Commodity Board executive.
(2) The chair is an ex officio member of all standing and special committees.
(3) The chair must perform all duties that usually pertain to the office of chair.
(4) The chair must represent the Commodity Board in all of its regular transactions,
except those for which another person has been elected.
Duties of Commodity Board vice chair
18 (1) In the absence of the chair, the vice chair of the Commodity Board must preside at
all meetings of the Commodity Board, annual general meetings, special meetings
of licensed producers and meetings of the Commodity Board executive.
(2) The vice chair must perform all duties that usually pertain to the office of vice
chair or that are assigned by the chair or the executive.
Commodity Board management
19 (1) The Commodity Board may engage a management service provider or employ
staff.
(2) A representative of a management service provider or an employed staff member
may attend Commodity Board meetings and licensed producer meetings as
permitted by the Commodity Board, but is not entitled to vote at any meeting.
Commodity Board Operating Procedures
Calling Commodity Board meetings
20 (1) The Commodity Board must meet at least 4 times per year.
(2) A Commodity Board meeting may take place in person or by electronic means.
(3) A meeting of the Commodity Board may be called in any of the following ways:
(a) at the written request of a majority of members submitted to the Chair;
(b) at the Chair’s discretion;
(c) for an emergency meeting, by the Chair with the consent of at least a
quorum of members;
(d) by the Chair at the close of an annual general meeting.
(4) If a written request is received under clause (3)(a), the Chair must call a meeting no
later than 30 days after the date the request is received.
Notice of Commodity Board meetings
21 (1) Except as provided in this Section, the Chair must provide each member with at
least 10 days’ written notice of a meeting, specifying the time and place or method
of the meeting.
(2) The Chair may call an emergency meeting with a minimum of 12 hours’ notice
with the consent of at least a majority of members.
(3) Notice of a Commodity Board meeting may be by any of the following methods:
(a) regular mail;
(b) fax;
(c) e-mail;
(d) other electronic means.
If Chair absent from Commodity Board meeting
22 If the chair is absent from a meeting of the Commodity Board, 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.
Voting at Commodity Board meetings
23 (1) Each member, including the chair, is entitled to 1 vote at meetings of the
Commodity Board.
(2) If there is a tied vote, the chair does not have a second vote and the motion is
considered to have been defeated.
Quorum at Commodity Board meeting
24 Three members of the Commodity Board constitute a quorum at a meeting of the
Commodity Board.
Body corporate activity
25 The Commodity Board may do any acts and things that are incidental to, conducive to or
consequential to the operations of the Commodity Board as a body corporate.
Irregularity does not invalidate Commodity Board action
[26] Despite an irregularity in the appointment, election or qualification of a member, every
act of the Commodity Board is as valid as if the member were duly appointed, elected or
qualified.
Financial reporting of Commodity Board
27 (1) In this Section, “public accountant” means a public accountant licensed under the
Chartered Professional Accountants Act.
(2) Unless otherwise decided by the Commodity Board, the fiscal year of the
Commodity Board is from January 1 to December 31 in each year, inclusive of
both dates.
(3) The Commodity Board must keep proper books of account and, for each fiscal
year, prepare financial statements to be audited or reviewed in accordance with
subsection (4).
(4) The licensed producers must appoint an independent public accountant at each
annual general meeting to hold office until the next annual general meeting, and
must direct the accountant to do 1 of the following in relation to the Commodity
Board’s financial statements:
(a) for a fiscal year that ends with an even number, conduct an audit
engagement;
(b) for a fiscal year that ends with an odd number, conduct an audit engagement
or a review engagement.
(5) The Commodity Board may engage an independent public accountant to audit the
Commodity Board’s books of account at any time.
(6) Any audit or review directed by the licensed producers under subsection (4) or the
Commodity Board under subsection (5) must be carried out in accordance with the
generally accepted auditing standards set out in the CPA Canada Handbook
Assurance, as amended from time to time.
(7) No later than 4 months after the end of each fiscal year, the Commodity Board
must send all of the following to the Council:
(a) the financial report for the fiscal year from the Commodity Board executive,
including all of the following:
(i) a copy of the audited or reviewed financial statements for the fiscal year,
consisting of a balance sheet and a statement of income and expenditures,
(ii) for a fiscal year that ends with an even number, the independent
public accountant’s audit report,
(iii) for a fiscal year that ends with an odd number,
(A) if an audit engagement has been conducted, the independent
public accountant’s audit report, or
(B) if a review engagement has been conducted, the independent
public accountant’s review engagement report;
(b) the annual report of the Commodity Board detailing its operations for
the fiscal year.
(8) The Commodity Board must present all of the items listed in subsection (7)
at the annual general meeting following the end of each fiscal year.
Copies of orders, directions and determinations
28 (1) A copy of every order, direction and determination of the Commodity Board and a
copy of the minutes of every meeting of the Commodity Board must be sent to the
Council.
(2) On request, the Commodity Board must make a copy of any order, direction or
determination available to a licensed producer who is in good standing on the
records of the Commodity Board.
Commodity Board regulations must be presented to licensed producers
29 Any regulations or changes to regulations made by the Commodity Board under
authority delegated to it by the Council under subsection 6(2) or clause 11(d) of the Act
must be presented for information and discussion purposes at a special meeting of
licensed producers or at the annual general meeting, either before or after the regulations
or changes to regulations are made by the Commodity Board, but before they are
approved by the Council.
Licensed Producers’ Meetings
Calling meetings of licensed producers
30 (1) No later than 4 months after the end of the Commodity Board’s fiscal year, the
licensed producers must hold an annual general meeting at the time and place
prescribed by the Commodity Board.
(2) The Commodity Board must call a special meeting of licensed producers if it
receives a written request for a special meeting from at least 50% of the licensed
producers stating the purpose of the request.
(3) A special meeting of licensed producers must be held at a place in the regulated
area that the Commodity Board considers appropriate and on a date that is no later
than 60 days after the date on which the request for the special meeting was
received.
(4) The Commodity Board may call any other meetings or special meetings of licensed
producers as the Commodity Board considers appropriate.
(5) An annual general meeting or a special meeting of licensed producers may be held
in person, or by a combination of in person and electronic means.
Quorum at meetings of licensed producers
31 Three licensed producers in good standing in any given year constitute a quorum at any
annual general meeting or special meeting of the licensed producers.
Notice of meetings of licensed producers
32 Notice of an annual general meeting or a special meeting of the licensed producers must
be given to licensed producers at least 10 days before the date of the meeting.
Voting at meetings of licensed producers
33 A licensed producer has 1 vote at any meeting of licensed producers.
Mandatory business at annual general meeting
34 In addition to any other business, all of the following must be presented and dealt with
by licensed producers at an annual general meeting:
(a) the annual report of the Commodity Board;
(b) the financial report and all included documentation received from the
Commodity Board executive in accordance with clause 27(7)(a);
(c) nominating auditors.
The following regulations are not
yet in force and are not included in the current consolidation: