Milk Pricing Regulations
made under clauses 9(b) and 14(1)(c) of the
Dairy Industry Act
S.N.S. 2000, c. 24
N.S. Reg. 84/2008 (effective February 12, 2008)
amended to N.S. Reg. 87/2024 (effective May 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.
Click here to go to the text of the regulations.
Citation
Interpretation
Classes of milk
Milk component prices
Processor reporting to the Board
Processor settlement with the Board
Reporting and payment concerns
Confidentiality of information
Calculating payments to producers
Bulk haulage deduction
Paying producers
Payment agents
Producer fees
Citation
1 These regulations may be cited as the Milk Pricing Regulations.
Interpretation
1A In these regulations,
“3(d) Program” means the program of the CMSMC run by the CDC respecting
standardized mozzarella cheeses used on fresh pizzas by establishments registered
with the CDC;
“Canadian Dairy Commission” or “CDC” means the body created under the
Canadian Dairy Commission Act (Canada);
“Canadian Milk Supply Management Committee” or “CMSMC” means the body
created under the National Milk Marketing Plan responsible for determining policy
for the Plan;
“CDC-issued permit” means a permit issued by the CDC under the Special Milk
Class Permit Program;
“CDC website” means the website of the CDC accessible at https://cdc-ccl.ca/;
“certified organic” means certified organic as defined in the Milk Classes and
Categories Regulations made under the Dairy Industry Act;
“components” means butterfat, protein and other solids;
“DFNS Organic Milk Policy” means a policy established by the Board respecting
the production and sale of organic milk;
“National Milk Utilization Audit Standards Manual” means the manual respecting
milk utilization audit standards approved by the CMSMC, as amended from time
to time;
“P5 Supervisory Body” means the body created under the Agreement on the
Eastern Canadian Milk Pooling;
“P5 1(c)/4(c) Program” means the P5 Supervisory Body policy respecting
innovative products;
“premium payment certified organic milk” means certified organic milk for which
the Board is required to pay a 20% premium to producers in accordance with the
DFNS Organic Milk Policy;
“Special Milk Class Permit Program” means the program of the CMSMC run by
the CDC respecting permits for special milk classes.
1B [repealed]
Classes of milk
2 The classes of milk referred to in these regulations are the classes prescribed in the Milk
Classes and Categories Regulations made by the Natural Products Marketing Council.
Milk component prices
3 (1) Milk processors in the Province must pay, on an F.O.B. plant basis, the prices of
milk components set out in the following table for each class of milk specified:
Component Prices for Classes of Milk
|
Subclass
of Milk
|
Butterfat
($ per kg)
|
Protein
($ per kg)
|
Other Solids
($ per kg)
|
Solids-Non-
Fat
($ per hl)
|
1(a)1
|
10.3703
|
|
|
84.49
|
1(a)2
|
10.3703
|
5.9240
|
5.9240
|
|
1(a)3
|
10.3703
|
9.0056
|
9.0056
|
|
1(b)
|
10.3703
|
|
|
70.26
|
1(c)
|
Established as per the P5 1(c)/4(c) Program
|
2(a)
|
11.2646
|
5.9441
|
5.9441
|
|
2(b)1
|
11.2646
|
6.9797
|
6.9797
|
|
2(b)3
|
11.2646
|
3.7485
|
3.7485
|
|
2(b)4
|
11.2646
|
5.9441
|
5.9441
|
|
2(b)5
|
11.2646
|
6.9797
|
6.9797
|
|
3(a)1
|
11.2646
|
15.8866
|
0.8893
|
|
3(a)2
|
11.2646
|
14.6836
|
0.8893
|
|
3(b)1
|
11.2646
|
16.0204
|
0.8893
|
|
3(b)2
|
11.2646
|
14.3787
|
0.8893
|
|
3(c)1
|
11.2646
|
11.3755
|
0.8893
|
|
3(c)2
|
11.2646
|
15.8866
|
0.8893
|
|
3(c)3
|
11.2646
|
14.6836
|
0.8893
|
|
3(c)4
|
11.2646
|
15.6384
|
0.8893
|
|
3(c)5
|
11.2646
|
13.4034
|
0.8893
|
|
3(c)6
|
11.2646
|
11.9507
|
0.8893
|
|
3(d)
|
11.3584
|
9.7089
|
0.8921
|
|
4(a)
|
11.2646
|
As per CMSMC decision, please refer to CDC
website for monthly price details.
|
4(b)1
|
11.2646
|
4.4628
|
4.4628
|
|
4(b)2
|
11.2646
|
6.5318
|
6.5318
|
|
4(c)
|
Established as per the P5 1(c)/4(c) Program
|
4(d)
|
11.2646
|
6.4232
|
6.4232
|
|
4(m)
|
As per CDC-issued permit details.
|
5(a)
|
As per CMSMC decision, please refer to CDC website for
monthly price details.
|
5(b)
|
As per CMSMC decision, please refer to CDC website for
monthly price details.
|
5(c)
|
As per CMSMC decision, please refer to CDC website for
monthly price details.
|
(2) Processors in Nova Scotia must pay a premium of an additional 20% of the prices
in subsection (1) for milk components of premium payment certified organic milk
that are processed into dairy products in which all of the milk components are from
certified organic milk.
Processor reporting to the Board
4 (1) Each processor purchasing raw milk in Nova Scotia from the Board must report
milk receipts and milk utilization using the reporting mechanism required by the
Board.
(2) Each processor must report all volumes and components as required by the
National Milk Utilization Audit Standards Manual.
Processor settlement with the Board
4A (1) Each processor that is not a payment agent, must pay the Board no later than the
dates indicated on the monthly reporting schedule prepared by the Board in
consultation and agreement with processors.
(2) Each processor that is a payment agent must pay producers and settle the difference
with the Board no later than the dates indicated on the monthly reporting schedule
prepared by the Board in consultation and agreement with processors.
Reporting and payment concerns
4B If Board staff have concerns about processor reporting or payments under Section 4 or
4A, Board staff may conduct a review in consultation with the milk utilization auditing
firm appointed by the Council.
Confidentiality of information
4C Board staff shall treat information received under Section 4 or 4A as confidential.
Calculating payments to producers
5 (1) The Board must calculate the monthly component prices to be paid to producers no
later than the date indicated on the monthly reporting schedule prepared by the
Board in consultation and agreement with processors.
(2) In calculating monthly component prices, the Board may take into account the
impact of any pooling agreements to which the Board is a party.
(3) The Board must calculate an equalized premium, based on the premiums paid
under subsection 3(3), and allocate this premium equitably among all producers
selling premium payment certified organic milk in accordance with the DFNS
Organic Milk Policy.
Bulk haulage deduction
6 (1) The Board must calculate the equalized bulk haulage rate to be charged on all
milk, taking into account the impact of any pooling agreement to which the Board
is a party.
(2) The equalized bulk haulage rate must be deducted from all payments to producers.
(3) In addition to the equalized bulk haulage rate, the Board must calculate an
equalized bulk haulage rate premium for certified organic milk to be charged on all
certified organic milk to reflect the extra costs of transporting certified organic
milk separately from other milk.
(4) The equalized bulk haulage rate premium for certified organic milk must be
deducted from all payments to producers for certified organic milk.
Paying producers
7 (1) In the context of payments, “banking day” means a day between Monday and
Friday inclusive, and on which at least one half of the banks in the Province are
open for business.
(2) The Board must pay or cause to be paid advance and final payments to each
producer for the milk produced by that producer in a month as follows:
(a) an advance payment must be paid to each producer on the 1st day of the
following month or, if that day is not a banking day, on the last banking day
before the first day of the following month, and must be calculated as 45%
of the previous month’s net total payment to that producer;
(b) a final payment must be paid to each producer on the 15th day of the
following month or, if that day is not a banking day, on the next day that is a
banking day, and must be calculated as the total payment due to that
producer for the month, less the advance payment.
(3) A payment agent may adjust the amount of an advance payment to a producer to
account for that producer experiencing a reduction in milk production compared to
the previous payment period.
(4) The Board may use the services of a payment agent or, if one or more processors
choose not to be payment agents as referred to in subsection 8(4), may be its own
payment agent.
Payment agents
8 (1) Despite anything in these regulations to the contrary, a payment agent must, on
behalf of the Board,
(a) prepare a statement of the milk supplied to that payment agent by the Board
in respect of the producers whose milk was supplied;
(b) mail statements by prepaid first class mail and transmit payment
electronically, or by cheque by prepaid first class mail, to producers no later
than the dates specified in subsection 7(2).
(2) If a payment agent chooses to cease being a payment agent of the Board, it must
first provide 6 months’ written notice to the Board.
(3) If a payment agent provides the Board with the notice referred to in subsection (2),
the matter must be referred to the Advisory Committee for Milk.
(4) If a processor ceases to be a payment agent for the Board, the Board must arrange
to have another payment agent pay the producers formerly paid by that processor
or, if no other payment agent is willing to pay the producers formerly paid by the
processor who ceased to be a payment agent, the Board may establish a payment
system for all producers in the Province, in which case the agreements with all
payment agents must be terminated.
(5) If a producer has a payment agent, all payments for milk supplied by the producer
to the Board must come from the payment agent for that producer.
Producer fees
9 (1) Each producer must pay the following fees to the Board:
(a) an administration fee of $0.17 per kilogram of butterfat marketed,
(b) a milk promotion fee of $1.50 per hectolitre of milk marketed,
(c) a school milk fee in an amount per kilogram of butterfat marketed,
calculated using the following formula so that the total of the school milk
fees collected from all producers in a month is sufficient to pay the Board’s
costs in the previous month for the School Milk Program administered by
the Department of Agriculture:
SMF = (TL × .15) ÷ TK
in which
SMF is the school milk fee per kilogram of butterfat marketed,
TL is the total litres of milk sold under the School Milk Program in the
previous month, and
TK is the total number of kilograms of butterfat marketed by all
producers in the previous month;
(d) a milk testing fee, calculated using the following formula so that the amount
of the milk testing fee is the same for every producer, and the total of the
milk testing fees collected in a month from all producers is sufficient to pay
the Board’s costs for milk component and quality testing in the previous
month:
MTF = TT ÷ TP
in which
MTF is the milk testing fee,
TT is the total testing costs of the Board in the previous month, and
TP is the total number of producers.
(2) Fees paid by producers under subsection (1) must be deducted by the Board from
the producer’s payment or, if payment is made by a payment agent, must be
deducted by the payment agent and remitted to the Board no later than the date
indicated on the monthly reporting schedule prepared by the board in consultation
and agreement with processors.
The following regulations are not yet in force and are
not included in the current consolidation:
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.