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.
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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.