Delegation of Powers to Dairy Farmers of Nova Scotia Regulations

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Delegation of Powers to Dairy Farmers of Nova Scotia Regulations
made under Sections 13 and 14 of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 136/2001 (November 6, 2001)

as amended by N.S. Reg. 242/2013 (June 12, 2013, effective July 1, 2013)


1     These regulations may be cited as the Delegation of Powers to Dairy Farmers of NovaScotia Regulations.


2     (1)    Pursuant to Sections 13 and 14 of the Dairy Industry Act, the Natural ProductsMarketing Council delegates the following powers, including the power to makeregulations, to Dairy Farmers of Nova Scotia, subject to the approval of theCouncil:


                (a)    fixing and allotting quota for marketing or production (clause 9(a) andsubclause 14(1)(e)(i) [of the Act]);


                (b)    subject to Section 25 [of the Act], prescribing the price structure for rawmilk and any component of milk and the basis of the calculation of theprice structure having regard to any or all of the following circumstances:


                         (i)     the prevailing market price of milk,


                         (ii)    the conditions of production,


                         (iii)   the manner of delivery,


                         (iv)   the cost of handling and delivering milk,


                         (v)    any other circumstance that has an effect on the price of milk

(clauses 9(b) and 14(1)(c) [of the Act]);


                (c)    fixing, imposing upon and collecting fees, levies or charges from personsengaged in the production of milk and designating to whom the fees, leviesor charges shall be paid (clause 9(u) [of the Act]);


                (d)    authorizing the payment of expenses from fees, levies or charges imposedpursuant to clause (u) (clause 9(w) [of the Act]);


                (e)    providing for the making of grants or other like payments to any person orassociation or body of persons (clause 9(aa) [of the Act]);


                (f)    requiring that no charges, costs or expenses relating to the producing ormarketing of milk shall be made, other than such charges, costs or expensesas provided for in this [the] Act or the regulations (clause 9(ab) [of theAct]);


                (g)    designating payment agents authorized to act on behalf of the Board to payproducers for milk (clause 14(1)(d) [of the Act]);


                (h)    providing for the regulation of the supply of milk by producers toprocessors, including the marketing or production of milk on a quota basis,and for that purpose


                         (i)      fixing and allotting quota for marketing or production,


                         (ii)     refusing to fix and allot quota to persons,


                         (iii)    subject to Section 10 [of the Act], transferring quota amongproducers supplying milk and setting the terms and conditions onwhich the transfer may take place,


                         (iv)    canceling, reducing or refusing to increase the quota fixed andallotted to any person,


                         (v)     prohibiting any person to whom a quota has not been fixed andallotted from marketing and producing milk,


                         (vi)    prohibiting any person to whom a licence has been issued and aquota allotted from marketing or producing milk in excess of thequota,


                         (vii)   prohibiting the purchase, sale or transfer of quota by any person,


                         (viii)  authorizing the assignment of quota to a creditor as security formoney loaned or advanced,


                         (ix)    subject to Section 10 [of the Act], providing for the purchase, sale ortransfer of quota through a quota exchange,


                         (x)     providing for the purchase and sale of quota by the Board,


                         (xi)    providing for the retention of a percentage of quotas as an assessmenton each transfer of quota

(clause 14(1)(e) [of the Act]);


                (i)     providing for the establishing and administering of a pooling programwhereby all producers receive a comparable price for milk that is adjustedfor any geographic pricing considerations (clause 14(1)(f) [of the Act]);


                (j)     prescribing the information the Board or its payment agent shall supply in amilk statement to each producer (clause 14(1)(g) [of the Act]);


                (k)    providing for the purchasing of raw milk from producers and the selling ofthe raw milk to processors (clause 14(1)(h) [of the Act]);


                (l)     providing for the registration and licensing of producers (clause 9(f) [of theAct]);


                (m)   prescribing the grounds for the refusal of the registration and licensing of aproducer (clause 9(g) [of the Act]);


                (n)    specifying the information required to be submitted with an application fora producer’s licence (clause 9(h) [of the Act]);


                (o)    specifying the criteria and the terms and conditions, including the expirydate, if any, upon which a producer’s licence may be obtained and the feespayable for a producer’s licence and the collection of those fees (clause 9(i)[of the Act]);


                (p)    requiring all persons engaged in the production of milk to be licensed(clause 14(1)(a) [of the Act]).

Subsection 2(1) amended: N.S. Reg. 242/2013.

Subsection 2(2) repealed: N.S. Reg. 242/2013.