Advisory Committee Regulations
made under clause 15(1)(c) of the
Dairy Industry Act
S.N.S. 2000, c. 24
N.S. Reg. 247/2023 (effective January 1, 2024)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation
Interpretation
Advisory Committee for Milk established
Constitution of Committee
Processor representatives
Observers
Costs
Quorum
Voting
Voting when member absent
Decision making
Arbitration
Advisory Committee for Transportation established
Decision of Advisory Committee for Milk supersedes decision of Advisory Committee
for Transportation
Constitution of the Committee
Transporter representatives
Costs
Voting
Arbitration
Notification of proposed Regulatory Amendments
Notification to producers
Citation
1 These regulations may be cited as the Advisory Committee Regulations.
Interpretation
2 In these regulations,
“ACM” means the Advisory Committee for Milk established by Section 3;
“ACT” means the Advisory Committee for Transportation established by Section
13;
“Board representative” means a member of the ACM appointed under subsection
[clause] 4(1)(a) or a member of the ACT appointed under subsection [clause]
15(1)(a), as the case may be;
“processor representative” means a representative of a processor appointed under
subsection [clause] 4(1)(b);
“Transporters” means all persons licensed by the Board to transport milk in Nova
Scotia under Section 3 of the Bulk Haulage Regulations; and
“transporter representative” means a representative of a transporter appointed under
subsection [clause] 15(1)(b).
Advisory Committee for Milk established
3 The Advisory Committee for Milk is established to advise and make recommendations
to the Board on
(a) promoting harmonious relationships between persons engaged in the
producing and marketing of milk;
(b) promoting greater efficiency in the marketing of milk;
(c) preventing and correcting irregularities and inequities in the marketing of
milk;
(d) improving circulation of market information respecting milk; and
(e) any matter with respect to which the Board may make regulations under the
Act.
Constitution of Committee
4 (1) The ACM consists of 5 members as follows:
(a) two members appointed annually by the Board, each to serve a 1-year term;
(b) two members appointed annually by the Processor Association, each to
serve a 1-year term subject to Section 5;
(c) the chair of the ACM appointed by the ACM, to serve a 3-year term, subject
to annual review, who is
(i) approved by the Board representatives and processor representatives,
and
(ii) not a producer, processor, or distributor of dairy products.
(2) The Board must appoint a secretary of the ACM.
(3) If a member of the ACM dies, resigns, or becomes unavailable to act before the
expiration of their term as an ACM member, the Board or the Processor
Association appointing such person, as the case may be, must appoint a member to
serve for the remainder of that term.
(4) Any Committee member may be reappointed.
Processor representatives
5 (1) At least 60 days prior to the appointments of the processor representatives
expiring, the Board must contact the Processor Association requesting the names
of appointees for the coming year.
(2) If no appointments are made within the 60 days referenced in subsection (1), the
Board must send a second request to the Processor Association by registered mail.
(3) If no appointments are made within 30 days of the request in subsection (2) being
mailed, the Board may appoint processor representatives to the ACM.
(4) Processor representatives appointed under Section 4 must represent different
processors.
(5) If there is a reorganization, merger, or consolidation of processors during any term
of processor representatives, the Processor Association may appoint new processor
representatives for the remainder of that term.
(6) The ACM must identify and implement ways of including the input of all
processors in the representation of processors on the Committee.
Observers
6 (1) The Board may appoint 1 observer to sit on the ACM in a non-voting capacity.
(2) Each processor representative may appoint 1 observer to sit on the Committee in a
non-voting capacity.
(3) The Council must appoint 1 observer to sit on the ACM in a non-voting capacity.
(4) At the beginning of each meeting, the secretary must record who is present as
voting members and who is present as observers for the purpose of voting in
accordance with Section 9.
Costs
7 (1) The Board is responsible for the costs of the secretary, Board representatives, and
any observer appointed by the Board.
(2) Each processor representative is responsible for their own costs and for the costs of
any observer appointed by the processor representative.
(3) The remuneration paid to the chair of the ACM and the terms of any contract for
services with the chair must be mutually agreeable between the Board
representatives and the processor representatives.
(4) All chair remuneration and Committee meeting costs must be shared between the
Board and the processor representatives, with the Board paying 50% of the costs
and the processor representatives each paying 25% of the costs.
Quorum
8 A quorum for voting is 4 Committee members, consisting of 2 Board representatives and
2 processor representatives.
Voting
9 (1) All decisions of the ACM must be unanimous.
(2) The Board representatives collectively have 1 vote, and the processor
representatives collectively have 1 vote.
(3) The chair does not have a vote.
(4) The collective vote of the Board representatives and the collective vote of the
processor representatives is determined in accordance with the following chart:
|
Vote of Board/processor representative 1
|
Yes
|
No
|
Abstain
|
Vote of
Board/processor
representative 2
|
Yes
|
Yes
|
No consensus
|
Yes
|
No
|
No consensus
|
No
|
No
|
Abstain
|
Yes
|
No
|
Abstain
|
(5) The outcome of a vote at the ACM is determined in accordance with the following
chart:
|
Collective vote of Board representatives
|
Yes
|
No
|
Abstain
|
No
consensus
|
Collective vote
of processor
representatives
|
Yes
|
Yes
|
No
decision
|
Yes
|
No
decision
|
No
|
No
decision
|
No
|
No
|
No
decision
|
Abstain
|
Yes
|
No
|
Abstain
|
No
decision
|
No
consensus
|
No
decision
|
No
decision
|
No
decision
|
No
decision
|
(6) Where one or more ACM members abstain from voting and all other votes are
unanimous, the abstained vote will not be counted and the decision will be
unanimous.
(7) The secretary must record the votes of all 4 of the voting members, including any
abstentions from voting.
Voting when member absent
10 (1) If a Board representative is absent from a meeting, an observer appointed by the
Board under subsection 6(1) is considered a Board representative for the purpose
of Section 9 and has the same voting rights as a Board representative.
(2) If a processor representative is absent from a meeting, an observer appointed by
that processor representative under subsection 6(2) is considered a processor
representative for the purpose of Section 9 and has the same voting rights as the
processor representative.
Decision making
11 (1) If the ACM is unable to reach a decision after an issue has been discussed at a
minimum of 4 meetings, over a maximum of 3 months, the chair may propose a
30-day cooling-off period.
(2) If a decision has not been reached under subsection (1), including after a cooling-off period, the chair may refer the matter to mediation, provided that at least 3 out
of 4 voting Committee members agree.
(3) If a decision has not been reached under subsections (1) or (2), the chair, or the
secretary if the chair is unavailable, must refer the matter to the Council for
arbitration in accordance with Section 12.
Arbitration
12 (1) The ACM must send a request for arbitration to the Council in writing, and the
request must demonstrate why the ACM was unable to reach a decision under
Section 11.
(2) The Council has the discretion to determine whether to arbitrate an issue referred
to it under this Section.
(3) The Council must determine whether to hear the matter within 14 days of receiving
the request.
(4) If the Council determines it will not hear the matter, the Committee must refer the
matter to an arbitrator on a panel of arbitrators maintained for this purpose.
(5) Unless otherwise agreed to by both parties, or the Council determines otherwise, a
matter arbitrated under this regulation must be heard:
(a) if Council determines to hear the matter, within 21 days of the decision to
hear it;
(b) if an arbitrator is appointed to hear the matter, within 21 days of the
appointment.
(6) A decision of an arbitrator, including the Council, must be delivered within 14
days following the conclusion of the hearing, unless the Council determines
otherwise.
(7) The decision of an arbitrator, including the Council, is final and binding on the
processors and the Board.
(8) All costs of the arbitration and the mediation must be equally shared by the Board
and the processors.
Advisory Committee for Transportation established
13 The Advisory Committee for Transportation is established to advise and make
recommendations to the Board on
(a) promoting harmonious relationships between producers and persons
transporting milk;
(b) promoting greater efficiency in the transporting of milk;
(c) any aspect of bulk milk transportation with respect to which the Board may
make regulations under the Act.
Decision of Advisory Committee for Milk supersedes decision of Advisory Committee for
Transportation
14 Where a decision of the ACT and the ACM conflict, the decision of the ACM shall
supersede the decision of the ACT.
Constitution of the Committee
15 (1) The ACT consists of 5 members as follows:
(a) two members appointed annually by the Board, each to serve a 1-year term;
(b) two members appointed annually by the Transporters, each to serve a 1-year
term subject to Section 16;
(c) the chair of the ACT appointed by the ACT, to serve a 3-year term, subject
to annual review, who is
(i) a non-voting member,
(ii) approved by the board representatives and transporter representatives,
and
(iii) not a producer, processor, or distributor of dairy products.
(2) The Board shall appoint a secretary for the ACT.
(3) If a member of the ACT dies, resigns, or becomes unavailable to act before the
expiration of their term as an ACT member, the Board or transporters appointing
such person, as the case may be, must appoint a member to serve for the remainder
of that term.
(4) Any ACT member may be reappointed.
(5) Transporter representatives appointed under clause 15(1)(b) must represent
different transporters.
Transporter representatives
16 (1) At least 60 days prior to the appointments of the transporter representatives
expiring, the Board must contact the Transporters requesting the names of
appointees for the coming year.
(2) If no appointments are made within the 60 days referenced in subsection (1), the
Board must send a second request to the Transporters by registered mail.
(3) If no appointments are made within 30 days of the request in subsection (2) being
mailed, the Board may appoint transporter representatives to the ACT.
(4) The transporter representatives must be representative of different transporters
carrying on business in the Province.
(5) If there is a reorganization, merger, or consolidation of transporters during any
term of transporter representatives, the Transporters may appoint new members for
the remainder of that term.
(6) If the Transporters do not make an appointment under subsection (5) within 30
days of the reorganization, merger, or consolidation, the Board must send a request
to the Transporters by registered mail, and if no appointment is made within 30
days of the registered mail being mailed the Board may appoint a transporter
representative who has not been appointed in order to increase the number of
transporter representatives to 3.
(7) The transporter representatives shall identify and implement ways of including the
input of the other transporters who are not on the ACT.
Costs
17 (1) The Board is responsible for the costs of the secretary and Board representatives.
(2) The transporter representatives are responsible for their own costs.
(3) All chair remuneration and ACT meeting costs must be shared equally between the
Board and the Transporters, with the Board paying 50% of the costs and the
transporter representatives each paying 25% of the costs.
(4) The remuneration or compensation paid to the chair of the ACT, and the terms of
any contract for services with the chair, must be mutually agreeable between the
Board and the Transporters.
Voting
18 (1) Each member of the ACT has one vote, with the exception of the chair, who does
not have a vote.
(2) All decisions of the ACT must be unanimous among the voting members.
Arbitration
19 (1) If, at any time, the ACT is unable to reach a unanimous decision and the chair is of
the opinion that all avenues that might lead to unanimity have been exhausted, or
at least two-thirds of the voting members concur that the matter must be referred to
arbitration, the chair, or failing the chair the secretary, must refer the matter to
arbitration.
(2) A matter referred to arbitration must be referred to one of the arbitrators on the
panel of arbitrators maintained for this purpose.
(3) The panel of arbitrators must only contain the names of those arbitrators who are
mutually agreeable to both the Board and the Transporters, and who have agreed to
the terms of reference for an arbitration under these regulations.
(4) Upon the arbitrator being appointed, the hearing of the matter must be within 21
days of the appointment and the decision of the arbitrator must be delivered within
7 days of the conclusion of the hearing, unless both parties agree to extend either or
both deadlines.
(5) The decision of the arbitrator is final and binding on the Transporters and the
Board.
(6) All costs of the arbitration must be equally shared by the Board and the
Transporters.
Notification of proposed Regulatory Amendments
20 (1) The Board must notify the transporter representatives and processor
representatives of any proposed amendments to the regulations that are relevant to
processors or transporters, as the case may be.
(2) The transporter representatives and processor representatives have 30 days to raise
concerns with the proposed amendments under subsection (1) by notifying the
chair of their respective committee.
(3) If the transporter representatives or processor representatives raise concerns with
the proposed amendments, the chair of their respective committee must
immediately convene a meeting to address the concerns.
(4) The dispute resolution mechanisms in these regulations apply to any issues
identified under subsection (2).
Notification to producers
21 The Board must notify producers of any proposed amendments to the regulations within
a reasonable period of time.
The following regulations are not
yet in force and are not included in the current consolidation: