Bulk Haulage Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/dibulk.htm

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Bulk Haulage Regulations
made under clauses 15(1)(b) and (e) of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 23/2003 (August 13, 2002, effective September 1, 2002)

as amended to N.S. Reg. 338/2015 (October 14, 2015, effective November 1, 2015)


1     These regulations may be cited as the Bulk Haulage Regulations.


2     In these regulations, “transporter licence” means a licence issued by the Board inaccordance with Section 3.

Transporter licence

3     (1)    A person carrying on the business of transporting milk from a licensed producer to alicensed processor must hold a valid transporter licence issued by the Board.


       (2)    An application for a transporter licence shall be on a form supplied by the Board.


       (3)    The fee for a transporter licence shall be $15.00, which shall be paid to the Board.


       (4)    A transporter licence shall be valid for a period of 36 months.


       (5)    The Board may suspend, revoke or cancel a transporter licence, in whole or in part,for failure to comply with


                (a)    any transportation-related provision of an applicable Act or regulation; or


                (b)    an order made or policy established by the Council or by the Board.

Transporter acts on behalf of Board

4     (1)    While transporting milk, a transporter is a bailee acting for and on behalf of theBoard, and the Board obtains title to the milk when accepted by the bulk milk graderof the transporter.


       (2)    A transporter is responsible for preservation of the Board’s title to the milk beingtransported.


       (3)    A transporter may represent that it is authorized to transport milk for and on behalfof the Board, but shall not represent that it is owned [by] or related to the Board.

Delivery of milk

5     (1)    A transporter licensed to transport milk by tank truck shall deliver milk and cream toa licensed processor on the days required by the processor, including the periodwhen highway weight restrictions are in effect by order of the Minister ofTransportation and Infrastructure Renewal, unless accidents or circumstancesbeyond the control of the transporter make delivery impossible.


       (2)    Where the Board is required to ship milk out of Nova Scotia, the Board shall directtransporters to deliver milk to processors outside Nova Scotia.

Protection of milk

6     A transporter shall


                (a)    transport milk without unnecessary delay and in such manner as to protect themilk from heat, frost, dust and contamination of any kind; and


                (b)    comply with all requirements of Provincial health authorities, the Council andthe health authorities of the municipality within which the milk is beingdelivered.

Bulk haulage rates

7     The following rates shall be the maximum bulk haulage rates that may be charged to theBoard by a transporter and shall be applicable to all transporters in the Province:


                (a)    for farm pick-up:


Maximum Rate/100 L

Agropur Co-operative


Scotsburn Co-Operative Services Limited


Fisher Transport Limited


Winterthur Farm—Rudolph Burghardt


Clause 7(a) replaced: N.S. Reg. 338/2015.


                (b)    for inter-plant transfers:


Maximum Rate/100 L

Yarmouth to or from Truro FarmersCheese Division or successor


Yarmouth from Truro or Shubenacadie


Yarmouth from Hammonds Plains orDartmouth


Yarmouth from Valley or Bridgewater


Clause 7(b) amended: N.S. Reg. 197/2013.


                  (c)    special rates:


                           (i)   every day pick-up:               150% of maximum bulk haulage rateprescribed in this Section, calculated on allmilk

Subclause 7(c)(i) amended: N.S. Reg. 1/2006.


                           (ii)  return trip:                           additional charge of $50.00 per extra trip


                           (iii) minimum:                            $63.00 per week

Subclause 7(c)(iii) amended: N.S. Reg. 1/2006.


                           (iv) out-of-Province transport:   rate to be negotiated between Board andtransporter

Distributor who transports milk to file schedule of rates

8     A distributor who transports milk for or on behalf of a producer shall file with the Board aschedule of all rates to be charged for the transportation of the milk.

Transportation agreements

9     A licensed transporter shall have a transportation agreement with the Board that is in force.