Categories Regulations (N.S. Reg. 84/2008) (just regulations regs dimilkpr.htm)

N.S. Reg. 84/2008

Nova Scotia — Regulations

Categories Regulations (N.S. Reg. 84/2008) (just regulations regs dimilkpr.htm)

N.S. Reg. 84/2008

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

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. 34/2026 (effective February 1, 2026)

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

(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

10.6185

85.95

1(a)2

10.6185

6.0816

6.0816

1(a)3

10.6185

9.1632

9.1632

1(b)

10.6185

71.72

1(

c) Established as per the P5 1(c)/4(

c) Program

2(a)

11.5217

6.0985

6.0985

2(b)1

11.5217

7.1341

7.1341

2(b)3

11.5217

3.9029

3.9029

2(b)4

11.5217

6.0985

6.0985

2(b)5

11.5217

7.1341

7.1341

3(a)1

11.5217

16.3165

0.8893

3(a)2

11.5217

15.1135

0.8893

3(b)1

11.5217

16.4503

0.8893

3(b)2

11.5217

14.8086

0.8893

3(c)1

11.5217

11.8054

0.8893

3(c)2

11.5217

16.3165

0.8893

3(c)3

11.5217

15.1135

0.8893

3(c)4

11.5217

16.0683

0.8893

3(c)5

11.5217

13.8333

0.8893

3(c)6

11.5217

12.3806

0.8893

3(d)

11.6208

10.1476

0.8921

4(a)

11.5217

As per CMSMC decision, please refer to CDC

website for monthly price details.

4(b)1

11.5217

4.6172

4.6172

4(b)2

11.5217

6.6862

6.6862

4(

c) Established as per the P5 1(c)/4(

c) Program

4(d)

11.5217

6.5776

6.5776

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

(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

(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

(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

(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

(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

(1) Each producer must pay the following fees to the Board:

(

a) an administration fee of $0.1897 per kilogram of butterfat marketed,

(

b) a milk promotion fee of $1.36 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.

Legislative History

Reference Tables

Milk Pricing Regulations

N.S. Reg.

84/2008

Dairy Industry Act

Note: The information in these tables does not form part

of the regulations and is compiled by the Office of the Registrar of

Regulations for reference only.

Source Law

The current consolidation of the Milk Pricing Regulations made under the Dairy Industry Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

84/2008

Feb

12, 2008

date

specified

Feb

29, 2008

354/2008

Sep 1,

date

specified

Aug

29, 2008

11/2009

Feb 1,

date

specified

Feb

13, 2009

307/2009

Oct

14, 2009

date

specified

Nov 6,

341/2009

Feb 1,

date

specified

Jan

15, 2010

75/2010

May

11, 2010

date

specified

Jun 4,

174/2010

Feb 1,

date

specified

Dec

17, 2010

197/2010

Feb 1,

date

specified

Jan

14, 2011

187/2011

Aug 1,

date

specified

Jun 3,

313/2011

Feb 1,

date

specified

Dec

16, 2011

321/2011

Feb 1,

date

specified

Dec

30, 2011

130/2012

Aug 1,

date

specified

Jul

13, 2012

232/2012

Jan 1,

date

specified

Jan

11, 2013

1/2013

Feb 1,

date

specified

Jan

25, 2013

45/2013

Apr 1,

date

specified

Mar

22, 2013

212/2013

Jun 1,

date

specified

Jun

14, 2013

261/2013

Aug 1,

date

specified

Aug 9,

328/2013

Feb 1,

date

specified

Nov

29, 2013

2/2014

Feb 1,

date

specified

Jan

24, 2014

29/2014

Mar 1,

date

specified

Mar 7,

178/2014

Feb 1,

date

specified

Jan 9,

15/2015

Mar 1,

date

specified

Feb

20,2015

290/2015

Sep 1,

date

specified

Aug 7,

355/2015

Feb 1,

date

specified

Dec

11, 2015

374/2015

Feb 1,

date

specified

Jan 8,

159/2016

Sep 1,

date

specified

Aug

19, 2016

236/2016

Oct 21, 2016

date specified

Nov 11, 2016

176/2016 1

Nov 1,

date

specified

Sep

30, 2016

238/2016

Nov

1, 2016

date

specified

Nov

11, 2016

262/2016

Feb 1, 2017

date specified

Jan 6, 2017

13/2017

Feb 1, 2017

date specified

Feb 17, 2017

38/2017

Mar 22, 2017

date filed (not

filed within 7 days)

Apr 14, 2017

66/2017

May 1, 2017

date specified

Apr 28, 2017

182/2017

Feb 1, 2018

date specified

Jan 5, 2018

152/2018

Sep 1, 2018

date specified

Aug 31, 2018

214/2018

Jan 1, 2019

date specified

Dec 21, 2018

16/2019

Feb 1, 2019

date specified

Feb 1, 2019

29/2019

Mar 1, 2019

date specified

Mar 1, 2019

193/2019

Feb 1, 2020

date specified

Dec 6, 2019

65/2020

Apr 24, 2020

date specified

May 8, 2020

84/2020

Jun 1, 2020

date specified

Jun 19, 2020

32/2021

Feb 1, 2021

date specified

Feb 12, 2021

11/2022

Feb 1, 2022

date specified

Feb 11, 2022

204/2022

Sep 1, 2022

date specified

Sep 9, 2022

24/2023

Feb 1, 2023

date specified

Feb 10, 2023

248/2023

Jan 1, 2024

date specified

Jan 12, 2024

87/2024

May 1, 2024

date specified

May 17, 2024

14/2025

Feb 1, 2025

date specified

Feb 7, 2025

171/2025

Sep 1, 2025

date specified

Sep 19, 2025

34/2026

Feb 1, 2026

date specified

Feb 6, 2026

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep.=repealed

rs . = repealed and substituted

Provision affected

How affected

1A .....................................................

ad. 307/2009 ; am.

232/2012, 13/2017

1A(c) .............................................

ad. 75/2010

1A, defn .

of “3(

d) Program” .........

ad. 84/2020

1A, defn .

of “Canadian Dairy Commission” or “CDC” .............

ad. 65/2020 ; rs . 84/2020

1A, defn of “Canadian Milk Supply Management Committee” or “CMSMC” .........

ad. 65/2020 ; rs . 84/2020

1A, defn .

of “CDC-issued permit”

ad. 84/2020

1A, defn .

of “CDC website” .........

ad. 84/2020

1A, defn .

of “components” ...........

ad. 84/2020

1A, defn .

of “National Ingredients Strategy Implementation Policy”

rep. 84/2020

1A, defn .

of “National Milk Utilization Audit Standards Manual” ......................................

ad. 84/2020

1A, defn .

of “P5 Supervisory Body” ..........................................

ad. 84/2020

1A, defn .

of “P5 1(c)/4(

c) Program” .....................................

ad. 84/2020

1A, defn .

of “Special Milk Class Permit Program” .........................

ad. 84/2020

1B .....................................................

ad. 13/2017 ; rep. 84/2020

3 ........................................................

rs . 84/2020

3(1) ................................................

rs . 354/2008, 11/2009; am.

307/2009; rs . 341/2009; am. 75/2010; rs . 174/2010, 197/2010, 187/2011, 313/2011, 321/2011,

232/2012; am. 1/2013; rs . 45/2013, 328/2013,

2/2014, 178/2014, 15/2015, 355/2015, 374/2015, 159/2016, 238/2016, 262/2016,

13/2017, 38/2017, 66/2017, 182/2017, 152/2018, 214/2018, 16/2019, 29/2019,

193/2019; am. 65/2020; rs . 32/2021, 11/2022,

204/2022, 24/2023, 87/2024, 14/2025, 34/2026

3(2) ................................................

am. 212/2013, 13/2017

3(3) ................................................

ad. 307/2009 ; rs . 75/2010

4 ........................................................

rs . 84/2020

4A .....................................................

ad. 84/2020

4B .....................................................

ad. 84/2020

4C .....................................................

ad. 84/2020

5(3) ...................................................

ad. 307/2009 ; rs . 75/2010

6(3) ...................................................

ad. 307/2009

6(4) ...................................................

ad. 307/2009

9 ........................................................

rs . 290/2015

9(1) ................................................

fc. 29/2014

9(1)(a) ...........................................

am. 248/2023, 171/2025

9(1)(b) ...........................................

am. 214/2018, 171/2025

9(2) ................................................

fc. 130/2012, 261/2013

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

N.S. Reg. 236/2016 repealed N.S. Reg. 176/2016 before

its effective date. Therefore, N.S. Reg. 176/2016 did not come into force.

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

61/2002

Milk Pricing Regulations

Apr 1,

Feb

12, 2008

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.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 84/2008
Date2008-01-01
Typeregulation
Volume / chapterjust regulations regs dimilkpr.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifier20eb9bdbcb021a280b748949c02c0f00513fe331

Source file is stored in the law ingest library (htm).