Volume 43, No. 20 September 27, 2019

Part II Halifax, Nova Scotia Regulations under the Regulations Act Printed by the Queen’s Printer Contents Act Reg. No.

Page Dairy Industry Act Raw Milk Production and Transportation Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132/2019 388 Education Act Governor in Council Education Act Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . 126/2019 366 Education (CSAP) Act Ministerial Education (CSAP) Act Regulations–amendment. . . . . . . . . . . . . . . . . . . . . . . . 128/2019 369 Natural Products Act Nova Scotia Egg Producers’ Egg Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . 130/2019 373 Off-highway Vehicles Act Off-highway Vehicles Fees Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127/2019 368 Petroleum Products Pricing Act Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129/2019 371 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133/2019 429 Region of Windsor and West Hants Municipality Act Region of Windsor and West Hants Municipality Polling Districts and Number of Councillors Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131/2019 376 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act.

The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force. © NS Office of the Registrar of Regulations. Web version. 365

N.S. Reg. 126/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 20 N.S. Reg. 126/2019 Made: September 3, 2019 Filed: September 4, 2019 Governor in Council Education Act Regulations–amendment Order in Council 2019-233 dated September 3, 2019 Amendment to regulations made by the Governor in Council pursuant to

Section 98 of the Education Act The Governor in Council on the report and recommendation of the Minister of Education and Early Childhood Development dated July 23, 2019, and pursuant to

Section 98 of

Schedule “A” to

Chapter 1 of the Acts of 2018, the Education Act, is pleased to amend the Governor in Council Education Act Regulations , N.S. Reg. 50/2018, made by the Governor in Council by Order in Council 2018-104 dated March 29, 2018, to replace the compensation grid in

Schedule “C” to the regulations with a revised

schedule in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 3, 2019.

Schedule “A” Amendment to the Governor in Council Education Act Regulations made by the Governor in Council under

Section 98 of

Schedule A to

Chapter 1 of the Acts of 2018, the Education Act The Governor in Council Education Act Regulations , N.S. Reg. 50/2018, made by the Governor in Council by Order in Council 2018-104 dated March 29, 2018, are amended by repealing

Schedule C and substituting the attached

Schedule C.

Schedule C: Compensation Grids effective 31-July-2019 Grid 1: Compensation Grid for Directors Compa-ratio Compensation amount 80% $97,125 81% $98,340 82% $99,553 83% $100,768 84% $101,982 Compa-ratio Compensation amount 85% $103,195 86% $104,409 87% $105,623 88% $106,839 89% $108,053 Compa-ratio Compensation amount 90% $109,267 91% $110,481 92% $111,694 93% $112,908 94% $114,123 Compa-ratio Compensation amount 95% $115,336 96% $116,551 97% $117,765 98% $118,979 99% $120,193 Compa-ratio Compensation amount 100% $121,406 101% $122,621 102% $123,835 103% $125,049 104% $126,264 © NS Office of the Registrar of Regulations. Web version. 366

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Part II - Regulations Vol. 43, No. 20 Grid 2: Compensation Grid for Regional Executive Directors Compa-ratio Compensation amount 80% $124,621 81% $126,178 82% $127,736 83% $129,293 84% $130,851 Compa-ratio Compensation amount 85% $132,409 86% $133,967 87% $135,524 88% $137,083 89% $138,641 Compa-ratio Compensation amount 90% $140,199 91% $141,755 92% $143,313 93% $144,871 94% $146,429 Compa-ratio Compensation amount 95% $147,986 96% $149,545 97% $151,103 98% $152,661 99% $154,218 Compa-ratio Compensation amount 100% $155,776 101% $157,334 102% $158,891 103% $160,448 104% $162,006 effective 01-Aug-2019 Grid 1: Compensation Grid for Directors Compa-ratio Compensation amount 80% $98,582 81% $99,815 82% $101,046 83% $102,280 84% $103,512 Compa-ratio Compensation amount 85% $104,743 86% $105,975 87% $107,207 88% $108,442 89% $109,674 Compa-ratio Compensation amount 90% $110,906 91% $112,138 92% $113,269 93% $114,602 94% $115,835 Compa-ratio Compensation amount 95% $117,066 96% $118,299 97% $119,531 98% $120,764 99% $121,996 Compa-ratio Compensation amount 100% $123,227 101% $124,460 102% $125,693 103% $126,925 104% $128,158 Grid 2: Compensation Grid for Regional Executive Directors Compa-ratio Compensation amount 80% $126,490 81% $128,071 82% $129,652 83% $131,232 84% $132,814 Compa-ratio Compensation amount 85% $134,395 86% $135,977 87% $137,557 88% $139,139 89% $140,721 Compa-ratio Compensation amount 90% $142,302 91% $143,881 92% $145,463 93% $147,044 94% $148,625 Compa-ratio Compensation amount 95% $150,206 96% $151,788 97% $153,370 98% $154,951 99% $156,531 Compa-ratio Compensation amount 100% $158,113 101% $159,694 102% $161,274 103% $162,855 104% $164,436 © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 43, No. 20 N.S. Reg. 127/2019 Made: September 3, 2019 Filed: September 4, 2019 Off-highway Vehicles Fees Regulations–amendment Order in Council 2019-240 dated September 3, 2019 Amendment to regulations made by the Governor in Council pursuant to

Section 25 of the Off-highway Vehicles Act The Governor in Council on the report and recommendation of the Minister of Lands and Forestry dated July 4, 2019, and pursuant to

Section 25 of

Chapter 323 of the Revised Statutes of Nova Scotia, 1989, the Off-highway Vehicles Act, is pleased to amend the Off-highway Vehicles Fees Regulations , N.S. Reg. 103/2004, made by the Governor in Council by Order in Council 2004-138 dated March 30, 2004, to change the trail permit fees payable to the Snowmobilers Association of Nova Scotia by operators of snow vehicles, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after September 3, 2019.

Schedule “A” Amendment to the Off-highway Vehicles Fees Regulations made by the Governor in Council under

Section 25 of

Chapter 323 of the Revised Statutes of Nova Scotia, 1989, the Off-highway Vehicles Act Subsection 3(2) of the Off-highway Vehicles Fees Regulations , N.S. Reg. 103/2004, made by the Governor in Council by Order in Council 2004-138 dated March 30, 2004, is repealed and the following subsection substituted:

(2) The fees set out in the following table are prescribed as payable to the Snowmobilers Association of Nova Scotia by operators of snow vehicles for trail permits issued under the Off-highway Vehicles Designated Trails and Trail Permit Regulations : Type of Trail Permit Fee per Snow Vehicle Full season $200 Full season if purchased before December 15 $150 Full season for 3rd or subsequent snow vehicle registered to person(

s) at the same residence $100 Full season—classic (snow vehicle aged 15–29 years on December 1) $100 Full season—vintage (snow vehicle aged 30 years or older on December 1) $25 3-day visitor $50 Subsection 3(3) of the regulations is amended by striking out “of the model year 2002 or earlier” and substituting “aged 15 years or older”. © NS Office of the Registrar of Regulations. Web version. 2 368

N.S. Reg. 128/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 20 N.S. Reg. 128/2019 Made: September 3, 2019 Filed: September 6, 2019 Ministerial Education (CSAP) Act Regulations–amendment Order dated September 3, 2019 Amendment to regulations made by the Minister of Education and Early Childhood Development pursuant to

Section 145 of the Education (CSAP) Act In the matter of

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education (CSAP) Act - and - In the matter of an amendment to the Ministerial Education (CSAP) Act Regulations made by the Minister of Education and Culture pursuant to

Section 145 of the Education (CSAP) Act Order I, Zach Churchill, Minister of Education and Early Childhood Development for the Province of Nova Scotia, pursuant to

Section 145 of

Chapter 1 of the Acts of 1995-96, the Education (CSAP) Act, hereby amend the Ministerial Education (CSAP) Act Regulations , N.S. Reg. 80/1997, made by the Minister of Education and Culture on June 24, 1997, by replacing the

schedule described as “Schedule B: Compensation Grids” with the attached schedule, effective on and after September 3, 2019. Dated and made at Halifax, Nova Scotia, September 3, 2019. sgd. Zach Churchill Honourable Zach Churchill Minister of Education and Early Childhood Development

Schedule B: Compensation Grids effective 31-July-2019 Grid 1: Compensation Grid for Directors Compa-ratio Compensation amount 80% $97,125 81% $98,340 82% $99,553 83% $100,768 84% $101,982 Compa-ratio Compensation amount 85% $103,195 86% $104,409 87% $105,623 88% $106,839 89% $108,053 Compa-ratio Compensation amount 90% $109,267 91% $110,481 92% $111,694 93% $112,908 94% $114,123 Compa-ratio Compensation amount 95% $115,336 96% $116,551 97% $117,765 98% $118,979 99% $120,193 Compa-ratio Compensation amount 100% $121,406 101% $122,621 102% $123,835 103% $125,049 104% $126,264 © NS Office of the Registrar of Regulations. Web version. 369

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Part II - Regulations Vol. 43, No. 20 Grid 2: Compensation Grid for Superintendent Compa-ratio Compensation amount 80% $124,621 81% $126,178 82% $127,736 83% $129,293 84% $130,851 Compa-ratio Compensation amount 85% $132,409 86% $133,967 87% $135,524 88% $137,083 89% $138,641 Compa-ratio Compensation amount 90% $140,199 91% $141,755 92% $143,313 93% $144,871 94% $146,429 Compa-ratio Compensation amount 95% $147,986 96% $149,545 97% $151,103 98% $152,661 99% $154,218 Compa-ratio Compensation amount 100% $155,776 101% $157,334 102% $158,891 103% $160,448 104% $162,006 effective 01-Aug-2019 Grid 1: Compensation Grid for Directors Compa-ratio Compensation amount 80% $98,582 81% $99,815 82% $101,046 83% $102,280 84% $103,512 Compa-ratio Compensation amount 85% $104,743 86% $105,975 87% $107,207 88% $108,442 89% $109,674 Compa-ratio Compensation amount 90% $110,906 91% $112,138 92% $113,269 93% $114,602 94% $115,835 Compa-ratio Compensation amount 95% $117,066 96% $118,299 97% $119,531 98% $120,764 99% $121,996 Compa-ratio Compensation amount 100% $123,227 101% $124,460 102% $125,693 103% $126,925 104% $128,158 Grid 2: Compensation Grid for Superintendent Compa-ratio Compensation amount 80% $126,490 81% $128,071 82% $129,652 83% $131,232 84% $132,814 Compa-ratio Compensation amount 85% $134,395 86% $135,977 87% $137,557 88% $139,139 89% $140,721 Compa-ratio Compensation amount 90% $142,302 91% $143,881 92% $145,463 93% $147,044 94% $148,625 Compa-ratio Compensation amount 95% $150,206 96% $151,788 97% $153,370 98% $154,951 99% $156,531 Compa-ratio Compensation amount 100% $158,113 101% $159,694 102% $161,274 103% $162,855 104% $164,436 © NS Office of the Registrar of Regulations.

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N.S. Reg. 129/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 20 N.S. Reg. 129/2019 Made: September 5, 2019 Filed: September 6, 2019 Prescribed Petroleum Products Prices Order dated September 5, 2019 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order In the matter of the Petroleum Products Pricing Act M09389 - and - In the matter of prescribing prices for petroleum products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Stephen T. McGrath, LL.B., Member

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum product prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas the Board revised the retail margin and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the period ended September 4, 2019, are: Grade 1 Regular gasoline 58.13¢ per litre Ultra-low-sulfur diesel oil 64.65¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 58.13¢ per litre Grade 2 61.13¢ per litre Grade 3 64.13¢ per litre Ultra-low-sulfur diesel oil 64.65¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: minus 0.70¢ per litre Ultra-low-sulfur diesel oil: nil¢ per litre And

whereas a winter blending adjustment of plus 0.34¢ per litre is required for ultra-low-sulfur diesel oil; And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., September 6, 2019. © NS Office of the Registrar of Regulations. Web version. 371

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Part II - Regulations Vol. 43, No. 20 Dated at Halifax, Nova Scotia, this 5th day of September, 2019. sgd. Bruce A. Kiley Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on September 6, 2019 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded 65.62 10.0 15.5 91.12 110.7 112.8 110.7 999.9 Mid-Grade Unleaded 68.62 10.0 15.5 94.12 114.1 116.3 114.1 999.9 Premium Unleaded 71.62 10.0 15.5 97.12 117.6 119.7 117.6 999.9 Ultra-Low-Sulfur Diesel 73.44 4.0 15.4 92.84 112.6 114.8 112.6 999.9 Zone 2 Regular Unleaded 66.12 10.0 15.5 91.62 111.2 113.4 111.2 999.9 Mid-Grade Unleaded 69.12 10.0 15.5 94.62 114.7 116.9 114.7 999.9 Premium Unleaded 72.12 10.0 15.5 97.62 118.1 120.3 118.1 999.9 Ultra-Low-Sulfur Diesel 73.94 4.0 15.4 93.34 113.2 115.4 113.2 999.9 Zone 3 Regular Unleaded 66.52 10.0 15.5 92.02 111.7 113.9 111.7 999.9 Mid-Grade Unleaded 69.52 10.0 15.5 95.02 115.1 117.3 115.1 999.9 Premium Unleaded 72.52 10.0 15.5 98.02 118.6 120.8 118.6 999.9 Ultra-Low-Sulfur Diesel 74.34 4.0 15.4 93.74 113.7 115.9 113.7 999.9 Zone 4 Regular Unleaded 66.62 10.0 15.5 92.12 111.8 114.0 111.8 999.9 Mid-Grade Unleaded 69.62 10.0 15.5 95.12 115.3 117.4 115.3 999.9 Premium Unleaded 72.62 10.0 15.5 98.12 118.7 120.9 118.7 999.9 Ultra-Low-Sulfur Diesel 74.44 4.0 15.4 93.84 113.8 116.0 113.8 999.9 Zone 5 Regular Unleaded 66.62 10.0 15.5 92.12 111.8 114.0 111.8 999.9 Mid-Grade Unleaded 69.62 10.0 15.5 95.12 115.3 117.4 115.3 999.9 Premium Unleaded 72.62 10.0 15.5 98.12 118.7 120.9 118.7 999.9 Ultra-Low-Sulfur Diesel 74.44 4.0 15.4 93.84 113.8 116.0 113.8 999.9 Zone 6 Regular Unleaded 67.32 10.0 15.5 92.82 112.6 114.8 112.6 999.9 Mid-Grade Unleaded 70.32 10.0 15.5 95.82 116.1 118.2 116.1 999.9 Premium Unleaded 73.32 10.0 15.5 98.82 119.5 121.7 119.5 999.9 Ultra-Low-Sulfur Diesel 75.14 4.0 15.4 94.54 114.6 116.8 114.6 999.9 © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 43, No. 20 N.S. Reg. 130/2019 Made: September 4, 2019 Approved: September 5, 2019 Filed: September 9, 2019 Nova Scotia Egg Producers’ Egg Regulations–amendment Order dated September 5, 2019 Amendment to regulations made by the Egg Producers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to subsection 9(1) of the Natural Products Act Egg Producers of Nova Scotia Amendment to the Nova Scotia Egg Producers’ Egg Regulations The Egg Producers of Nova Scotia, pursuant to subsection 9(1) of

Chapter 308 of Revised Statutes of Nova Scotia, 1989, the Natural Products Act, as delegated by

Section 6 of the Nova Scotia Egg Producers’ Marketing Plan, N.S. Reg. 239/82, at a meeting held on September 4, 2019, amended the Nova Scotia Egg Producers’ Egg Regulations, N.S. Reg. 211/85, in the manner set out in

Schedule “A”, effective on and after September 8, 2019. Signed at Truro, in the County of Colchester, Nova Scotia on September 5, 2019. Egg Producers of Nova Scotia sgd. Patti Wyllie per: Patti Wyllie General Manager Approved by the Natural Products Marketing Council at Truro, in the County of Colchester, Nova Scotia on September 5, 2019. Natural Products Marketing Council sgd. E. A. Crouse per: Elizabeth A. Crouse, P.Ag. Director © NS Office of the Registrar of Regulations. Web version. 373

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Schedule “A” Amendment to the Nova Scotia Egg Producers’ Egg Regulations made by the Egg Producers of Nova Scotia under clause [subsection] 9(1) of

Chapter 308 of the Revised Statutes of Nova Scotia, 1989, the Natural Products Act

Section 1.01 of the Nova Scotia Egg Producers’ Egg Regulations, N.S. Reg. 211/85 is amended by (

a) adding the following definition of “certified enriched housing” immediately following the definition of “cartoned eggs”: (ga) “certified enriched housing” means housing that has been certified by Egg Farmers of Canada as meeting all final housing requirements for enriched cages in the Code of Practice for the Care and Handling of Pullets and Laying Hens; (

b) adding the following

definitions of “Code of Practice for the Care and Handling of Pullets and Laying Hens” and “conventional housing” immediately after the definition of “chick placement permit”: (ia) “Code of Practice for the Care and Handling of Pullets and Laying Hens” means the Code of Practice for the Care and Handling of Pullets and Laying Hens as established by the National Farm Animal Care Council, as amended from time to time; (ib) “conventional housing” means housing that meets the conventional cage requirements in the Code of Practice for the Care and Handling of Pullets and Laying Hens; (

c) adding the following

definitions of “enriched differential amount” and “enriched producer price” immediately after the definition of “Egg Pricing Agreement”: (la) “enriched differential amount” means the difference between the certified enriched housing cost of production and the conventional housing cost of production, as determined by the Egg Farmers of Canada from time to time; (lb) “enriched producer price” means the producer price plus the enriched differential amount; (

d) adding the following definition of “final housing requirements for enriched cages” immediately following the definition of “facilities”: (ma) “final housing requirements for enriched cages” means the final housing requirements for enriched cages established in the Code of Practice for the Care and Handling of Pullets and Laying Hens; (

e) adding the following

definitions of “free range housing” and “free run housing” immediately following the definition of “four-week bird inventory period”: (pa) “free range housing” means a free run housing system where laying hens are also allowed access to an outdoor enclosed pasture or range area, weather permitting; (pb) “free run housing” means a housing system where hens are allowed to roam free inside a laying facility; © NS Office of the Registrar of Regulations. Web version. 374

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f) adding the following

definitions of “market producer price” and “market producer price adjustment” immediately following the definition of “levy”: (sb) “market producer price” means the producer price plus an adjustment amount, as determined by the Board each year, to be paid to producers by grading station operators for ungraded eggs; (sc) “market producer price adjustment” means the difference between the producer price and the market producer price; 2

Section 7.01 of the regulations is amended by (

a) renumbering [relettering] clauses (

b) to (

d) as clauses (

d) to (f), respectively; and (

b) adding the following clauses immediately after clause (a): (

b) the market producer price; (

c) the enriched producer price; 3 The regulations are further amended by adding the following Sections immediately after

Section 7.04: 7.05 (

a) All producers must remit to the Board, in the manner and within the time period established by the Board, the market producer price adjustment on all production, other than production from free range housing or free run housing. (

b) If a producer does not pay the market producer price adjustment to the Board under clause (

a) within 30 days of the date it becomes due, the Board may suspend 1/13 of the producer’s quota for a period of one year for each market producer price adjustment installment not paid by the producer. (

c) If a producer does not pay the market producer price adjustment to the Board under clause (

a) within 90 days of the date it becomes due, the Board may permanently revoke 1/13 of the producer’s quota for each market producer price adjustment installment not paid by the producer. 7.06 Only eggs produced in certified enriched housing will be eligible for the enriched producer price. © NS Office of the Registrar of Regulations. Web version. 375

N.S. Reg. 131/2019 Royal Gazette

Part II - Regulations Vol. 43, No. 20 N.S. Reg. 131/2019 Made: September 11, 2019 Filed: September 12, 2019 Region of Windsor and West Hants Municipality Polling Districts and Number of Councillors Order Order dated September 11, 2019 made by the Nova Scotia Utility and Review Board pursuant to

Section 10 of the Region of Windsor and West Hants Municipality Act Order M09052 In the matter of the Region of Windsor and West Hants Municipality Act - and - In the matter of an application to determine the number of councillors and the boundaries of the polling districts for the new Regional Municipality Before: Roland A. Deveau, Q.C., Vice Chair Roberta J. Clarke, Q.C., Member Stephen T. McGrath, LL.B., Member

Whereas the Board, having heard an application made pursuant to the Region of Windsor and West Hants Municipality Act, and having issued its Decision on August 19, 2019; And

whereas the Region of Windsor and West Hants Municipality is to come into effect on April 1, 2020; It is hereby ordered that the application is approved as follows: 1. The number of polling districts for the Region of Windsor and West Hants Municipality is set at eleven (11); 2. The number of councillors is set at eleven (11); 3. The boundaries of the polling districts are set as outlined in the digital maps in

Schedule “A”, attached to and forming part of this Order. [sic] Dated at Halifax, Nova Scotia this 11th day of September 2019. sgd. Bruce A. Kiley Clerk of the Board © NS Office of the Registrar of Regulations. Web version. 376

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Schedule “A” © NS Office of the Registrar of Regulations. Web version. 377

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Part II - Regulations Vol. 43, No. 20 N.S. Reg. 132/2019 Made: September 5, 2019 Approved: September 10, 2019 Filed: September 12, 2019 Raw Milk Production and Transportation Regulations Order dated September 10, 2019 Repeal of regulations and regulations made by the Natural Products Marketing Council and approved by the Minister of Agriculture pursuant to

Section 11 of the Dairy Industry Act Order In the matter of

Section 11 of

Chapter 24 of the Acts of 2000, the Dairy Industry Act and In the matter of regulations respecting the production and transportation of raw milk I, Keith Colwell, Minister of Agriculture for the Province of Nova Scotia, pursuant to

Section 11 of

Chapter 24 of the Acts of 2000, the Dairy Industry Act, effective on and after March 15, 2020, hereby approve (

a) the repeal by the Natural Products Marketing Council of all of the following: (

i) the Abnormal Freezing Point Standard for Cow’s Milk Regulations, N.S. Reg. 59/2012, approved by the Minister of Agriculture on February 19, 2012, (ii) the Milk House Water Quality Regulations, N.S. Reg. 166/2006, approved by the Minister of Agriculture on August 14, 2006, (iii)

Schedule 2—Milk Production Regulations, N.S. Reg. 117/1994, made by the Nova Scotia Dairy Commission on July 18, 1994, under

Chapter 117 of the Revised Statutes of Nova Scotia, 1989, the Dairy Commission Act, (iv)

Schedule 5—Transportation of Milk Regulations, N.S. Reg. 202/1989, made by the Nova Scotia Dairy Commission on August 11, 1989, under

Chapter 117 of the Revised Statutes of Nova Scotia, 1989, the Dairy Commission Act, (

v) Schedule 12—Goat Milk Production Regulations, N.S. Reg. 122/1994, made by the Nova Scotia Dairy Commission on July 18, 1994, under

Chapter 117 of the Revised Statutes of Nova Scotia, 1989, the Dairy Commission Act; and (

b) new regulations respecting the production and transportation of raw milk made by the Natural Products Marketing Council in the form set forth in

Schedule “A”. Dated and made at Halifax Regional Municipality, Province of Nova Scotia, on September 10, 2019. sgd. Keith Colwell Honourable Keith Colwell Minister of Agriculture © NS Office of the Registrar of Regulations. Web version. 388

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Schedule “A” Natural Products Marketing Council I, Elizabeth A. Crouse, Director of the Natural Products Marketing Council, certify that the Natural Products Marketing Council has consulted with the Dairy Farmers of Nova Scotia and the Nova Scotia Milk Processors’ Division of the Atlantic Dairy Council in accordance with

Section 11 of

Chapter 24 of the Acts of 2000, the Dairy Industry Act (“the Act”) and, at a meeting held September 5th, 2019, the Council, pursuant to

Section 11 of the Act, carried a motion to (

a) repeal all of the following: (

i) the Abnormal Freezing Point Standard for Cow’s Milk Regulations, N.S. Reg. 59/2012, approved by the Minister of Agriculture on February 19, 2012, (ii) the Milk House Water Quality Regulations, N.S. Reg. 166/2006, approved by the Minister of Agriculture on August 14, 2006, (iii)

Schedule 2—Milk Production Regulations, N.S. Reg. 117/1994, made by the Nova Scotia Dairy Commission on July 18, 1994, under

Chapter 117 of the Revised Statutes of Nova Scotia, 1989, the Dairy Commission Act, (iv)

Schedule 5—Transportation of Milk Regulations, N.S. Reg. 202/1989, made by the Nova Scotia Dairy Commission on August 11, 1989, under

Chapter 117 of the Revised Statutes of Nova Scotia, 1989, the Dairy Commission Act, (

v) Schedule 12—Goat Milk Production Regulations, N.S. Reg. 122/1994, made by the Nova Scotia Dairy Commission on July 18, 1994, under

Chapter 117 of the Revised Statutes of Nova Scotia, 1989, the Dairy Commission Act; and (

b) make regulations respecting the production and transportation of raw milk in the form attached. The repeal and making of regulations referred to in this certificate is effective on and after the later of March 15th, 2020, and the date of approval by the Minister of Agriculture. Signed at Truro, in Colchester County, Nova Scotia, on September 9, 2019. sgd. E. A. Crouse Elizabeth A. Crouse, P. Ag. Director, Natural Products Marketing Council © NS Office of the Registrar of Regulations. Web version. 389

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Part II - Regulations Vol. 43, No. 20 Regulations Respecting Raw Milk Production and Transportation made by the Natural Products Marketing Council under

Section 11 of

Chapter 24 of the Acts of Acts of 2000, the Dairy Industry Act

Interpretation Citation 1 These regulations may be cited as the Raw Milk Production and Transportation Regulations .

Definitions for regulations 2 In these regulations, “accredited laboratory” means a laboratory accredited to perform tests under a nationally recognized management standard as certified by an independent third party, such as the Standards Council of Canada; “Act” means the Dairy Industry Act; “AMS milking area” means a segregated area inside a dairy barn where animals are milked using an automatic milking system, and includes any holding area that separates the automatic milking system from the rest of the dairy barn; “automatic milking system” means a milking system that does not require a person to manually milk the animals; “Board sample” means a sample of raw cows’ milk taken from a farm bulk tank as required by these regulations and sent to the dairy testing laboratory for testing and providing analyses to the Board, including tests and analyses for the following: (

i) butterfat, protein and other solids, (ii) somatic cell count, (iii) the presence of inhibitors; “bulk milk grader” means a grader who grades (

i) raw milk held in a farm bulk tank, or (ii) raw milk taken from a dairy animal other than a cow and stored in compliance with

Section 45 or 46; “Bulk Milk Grader’s Course Manual” means the manual distributed to students participating in the course for bulk milk grader certification in the Province and published on the Board’s website; “bulk milk tank” means a tank for transporting raw milk from a dairy animal other than a cow on a transport vehicle other than a bulk milk truck; “bulk milk truck” means a vehicle for transporting raw cows’ milk that is equipped with all of the following: © NS Office of the Registrar of Regulations. Web version. 390

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i) a bulk milk truck tank, (ii) a raw milk transfer hose, (iii) a pump to transfer raw milk; “bulk milk truck tank” means a tank with 1 or more compartments for transporting raw cows’ milk on a bulk milk truck; “clean”, used as a verb, means to remove dirt and raw milk residue from the equipment using both an alkaline and an acid cleaner and following the directions on the manufacturer’s label for the cleaner, or the directions of an equipment specialist; “cleaner” means an alkaline or acid solution that is used for cleaning equipment; “clean-in-place system” means a system for cleaning and sanitizing equipment without requiring the equipment to be dismantled or moved from the location where it is used; “contamination” means exposure to conditions that permit or may permit the introduction or occurrence of any of the following: (

i) a disease-causing microorganism or parasite, (ii) any biological or chemical agent, (iii) foreign matter, residue, drugs or any other substance that may compromise the safety or quality of raw milk; “cow” means the mature female of domestic cattle, genus Bos; “dairy barn” means a barn in which dairy animal feeding and housing areas are used in conjunction with a milking system, and includes any manure storage area on or below the level where dairy animals are housed; “dairy farm” includes all of the following: (

i) land and buildings necessary for a producer’s dairy operation, (ii) a producer’s dairy and farm equipment, (iii) all of a producer’s dairy animals; “dairy testing laboratory” means the Department’s dairy laboratory or another accredited laboratory that has been approved by the Council; “dairy testing laboratory sample” means a sample of raw milk taken from a farm bulk tank or other storage container as required by these regulations and sent to the dairy testing laboratory for testing, including testing for all of the following: (

i) bacteria, (ii) freezing point, © NS Office of the Registrar of Regulations. Web version. 391

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Part II - Regulations Vol. 43, No. 20 (ii) for raw milk from a dairy animal other than a cow, somatic cell count; “Department” means the Department of Agriculture; “equipment specialist”, in relation to equipment, means a person who is qualified by training or experience to install, use or maintain that equipment; “farm bulk tank” means a stationary storage tank used only for cooling and storing raw milk in a milk house, and includes related fixtures and equipment required for using the tank; “free-stall barn” means a barn constructed with alleyways and individual stalls, allowing the dairy animals housed there to have free access to stalls; “inhibitor” means any substance, other than a bacterial culture, that does not occur naturally in raw milk and inhibits the growth of bacteria in raw milk; “inhibitor sample” means a sample of raw milk taken from a transport vehicle or other storage container as required by these regulations for testing for the presence of inhibitors; “loose-housing barn” means a barn that has at least 3 walls and a roof and that does not contain stalls; “milk house” means a structure or part of a structure included in a dairy farm as required by

Section 15; “milk parlour” means a structure or part of a structure in which dairy animals are milked but no animals are housed; “Milk Producer Licensing Regulations ” means the Milk Producer Licensing Regulations made under the Act; “milking equipment” means equipment that is used for collecting, measuring, cooling, holding or storing raw milk; “pest” means any animal or insect, at any life stage, that may contaminate raw milk; “plant grader” means a grader who grades raw milk at a processing plant; “producer registration number” means a unique identifier assigned by the Board to each producer of raw cows’ milk; “raw cows’ milk” means raw milk from a cow; “raw milk transfer equipment” means any equipment used to transfer raw milk, including a raw milk transfer hose; “sample” means a sample of raw milk taken for the purpose of a test required by these regulations; “sample vial” means a container that a sample is stored in; “temperature control sample” means a sample of raw cows’ milk taken from a farm bulk tank as required by these regulations to monitor the temperature of the sample; © NS Office of the Registrar of Regulations.

Web version. 392

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Part II - Regulations Vol. 43, No. 20 “tie stall” means a stall that a dairy animal is tied to; “tie-stall milking barn” means a dairy barn in which dairy animals are held in tie stalls at all times while inside the barn; “transfer”, in relation to raw milk, means to move the raw milk in accordance with these regulations as follows: (

i) from a farm bulk tank to a transport vehicle, (ii) from a farm bulk tank to an on-farm processing plant, (iii) for raw milk taken from a dairy animal other than a cow and stored in accordance with

Section 45, from the storage equipment to either of the following: (

A) a transport vehicle, (

B) an on-farm processing plant, (iv) for raw milk taken from a dairy animal other than a cow and stored frozen in accordance with

Section 46, to either of the following, in the same container it has been stored in: (

A) a transport vehicle, (

B) an on-farm processing plant, (

v) from a transport vehicle to another transport vehicle, or (vi) from a transport vehicle to a processing plant; “transport vehicle” means (

i) a bulk milk truck, or (ii) a vehicle used to transport raw milk from a dairy animal other than a cow in a bulk milk tank or container; “veterinarian” means a person who is licensed to practise veterinary medicine in the Province; “veterinary drug” means a drug or product prescribed for a dairy animal by a veterinarian or approved for dairy animals under any of the following: (

i) the Food and Drugs Act (Canada), (ii) the Feeds Act (Canada), (iii) the Pest Control Products Act (Canada), (iv) the Canada Agricultural Products Act (Canada); “volume measurement device” means either of the devices required by subsection 43(2) as part of a volume measurement system; © NS Office of the Registrar of Regulations. Web version. 393

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Part II - Regulations Vol. 43, No. 20 “volume measurement system” means a system for measuring the volume of raw milk in a farm bulk tank required by clause 39(1)(e); “wastewater drainage system” means a system for disposing of wastewater that meets the requirements of all applicable laws and regulations. Application of regulations 3 These regulations apply to all producers, transporters and processors of raw milk. Dairy Farm Access and Buildings

Definitions for Sections 5 to 15 4 In Sections 5 to 15, “dairy farm building” means any of the following: (

i) a dairy barn, including any milk parlour, milk house or AMS milking area within the barn, (ii) a stand-alone milk parlour or milk house, (iii) if a milk house is part of a larger building other than a dairy barn, the building that contains the milk house. Yard and access road 5

(1) A dairy farm must have (

a) a yard surrounding its dairy barn and milk house; and (

b) an access road consisting of a driveway or lane leading from a public road to the milk house.

(2) The yard surrounding a dairy barn and milk house must meet all of the following requirements: (

a) it must be configured and maintained in a manner that does not contribute to the contamination of milk; (

b) it must be kept well-drained and free of all of the following: (

i) refuse, (ii) animal waste, (iii) vegetable waste.

(3) The yard and access road of a dairy farm operated by a producer who markets raw milk to the Board must meet all of the following requirements: (

a) the yard and access road must comply with the Board’s Yards and Lanes Policy; (

b) the area directly below the hose port required by subsection 16(4) in the exterior milk house wall must be connected to the main entrance of the milk house by a walking surface covered with hard material; © NS Office of the Registrar of Regulations. Web version. 394

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c) the walking surface referred to in clause (

b) must be large enough and adequately maintained to keep the raw milk transfer hose from the bulk milk truck clean. Dairy farm building design and construction 6 A dairy farm building must be designed and constructed to do all of the following: (

a) provide adequate space for dairy operations; (

b) provide clean conditions for raw milk production and storage; (

c) minimize injury to dairy animals; (

d) minimize contamination of raw milk; (

e) minimize the presence of pests; (

f) minimize damage to the premises by dairy animals. Construction materials for dairy farm building 7 A dairy farm building must be constructed of durable materials that are free of any toxic or noxious substances. Floor construction and wastewater drainage 8

(1) A dairy farm building floor, except in a bedding area in a free-stall barn or loose-housing barn, must be made of concrete.

(2) A milk house floor must meet all of the following requirements: (

a) it must be designed to support and be capable of supporting the weight of milk house equipment; (

b) it must be sealed at each place it intersects with a wall.

(3) Except as provided in subsection (4) for a milk parlour or milk house, a dairy farm building floor must slope toward 1 of the following drainage intakes: (

a) a covered and trapped floor drain that drains into a wastewater drainage system; (

b) a gutter that empties into a manure disposal system; (

c) a slatted floor that empties into a manure disposal system.

(4) The floor of a milk parlour or a milk house must drain only through a floor drain as described in clause (3)(

a) and must be finished and maintained with a smooth surface.

(5) Any drainage intake in a dairy farm building floor must be maintained in good repair and be free of debris.

(6) Wastewater from a dairy farm building must drain into a wastewater drainage system. Wall and ceiling construction 9

(1) Except as provided in subsection (2) for milk houses, milk parlours and tie-stall milking barns, walls and ceilings of a dairy farm building must be hard and washable. © NS Office of the Registrar of Regulations. Web version. 395

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(2) The walls and ceilings of a milk house, milk parlour or tie-stall milking barn must be covered with a material that is all of the following: (

a) hard; (

b) smooth; (

c) washable; (

d) light-coloured; (

e) waterproof.

(3) A ceiling in a milk house or milk parlour must be a closed ceiling with the underside of the roof not exposed.

(4) Each wall and ceiling of a milk house must be insulated to prevent condensation of moisture on the inside walls and ceilings other than condensation caused by steam or hot water in the milk house. Lighting in dairy farm building 10

(1) A dairy farm building must have lighting that allows for inspecting, monitoring and cleaning to be carried out in the building as required by these regulations.

(2) Shatterproof light bulbs, or light bulbs contained in fixtures made of shatterproof material, must be used in a dairy farm building where raw milk may be exposed. Ventilation in dairy farm building 11 A dairy farm building must be ventilated in a manner that controls condensation and odours in the building. Feed storage 12

(1) A feed storage area must be enclosed in a space that is separate from any other area in a dairy farm building.

(2) No feed may accumulate beyond a designated feed storage area.

(3) Feed must not be stored in a milk house. Chemical storage 13 All chemicals on a dairy farm, including cleaning materials, must be stored in a way that prevents contamination of raw milk. Maintenance of dairy farm buildings 14

(1) The exterior and interior of a dairy farm building must be kept in good repair and in a clean, tidy condition.

(2) The inside of a dairy farm building must be maintained to prevent the presence or accumulation of all of the following: (

a) dust; (

b) cobwebs; © NS Office of the Registrar of Regulations. Web version. 396

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c) debris; (

d) refuse; (

e) animal and vegetable waste; (

f) pests.

(3) A floor in a dairy farm building must be kept free of standing water.

(4) All of the following must be rinsed after each milking: (

a) the interior walls and floors of a milk parlour; (

b) the interior floors of a milk house.

(5) The inside walls of a milk house must be kept clean.

(6) The inside surfaces of an automatic milking system stall must be rinsed at least once a day.

(7) This

Section also applies to a stand or a platform used in a milking operation. Milk house use and construction 15

(1) A dairy farm must include a milk house.

(2) A milk house may be used only for the following purposes: (

a) cooling and storing raw milk; (

b) cleaning, sanitizing and storing milking equipment; (

c) storing a veterinary drug in accordance with

Section 60; (

d) storing a cleaner, sanitizer or pesticide used in the milk house.

(3) A milk house must be 1 of the following: (

a) a stand-alone dairy farm building; (

b) part of a larger dairy farm building.

(4) A milk house that is part of a larger dairy farm building must meet all of the following requirements: (

a) it must be separated from the rest of the building by walls that extend from the floor to the ceiling; (

b) any doorway between the milk house and the rest of the dairy farm building must be fitted with a door that is kept closed when not in use. Farm bulk tank in milk house 16

(1) A producer must have a farm bulk tank in their milk house, unless the producer is producing raw milk from a dairy animal other than a cow and using a storage method and equipment in accordance with

Section 45 or 46. © NS Office of the Registrar of Regulations. Web version. 397

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(2) There must be sufficient space around a farm bulk tank to provide working access to any part of the farm bulk tank and any farm bulk tank equipment, including, if a dipstick is used for volume measurement, the dipstick.

(3) If any part of a farm bulk tank extends outside of a milk house, (

a) the farm bulk tank must not be used for a wall or ceiling support; and (

b) the milk house wall must be sealed around the farm bulk tank with a gasket.

(4) At a dairy farm of a producer who markets raw milk to the Board, an exterior milk house wall must be equipped with a hose port that meets all of the following criteria: (

a) it is fitted with a cover that is kept closed when not in use; (

b) it is located close to the farm bulk tank outlet; (

c) it is located adjacent to a grounded electrical outlet. Doors and windows for milk house or milk parlour 17

(1) A milk house must have an exterior doorway.

(2) An exterior doorway of a milk parlour or a milk house must have a door that is solid and tight-fitting.

(3) A door between a milk house and an animal housing area must be fitted with self-closing hardware.

(4) A door referred to in this

Section must be closed when not in use.

(5) Each exterior opening in a milk house or milk parlour, other than a doorway, must be fitted with a window or a screen. Plumbing in milk parlour, milk house, AMS milking area 18 Each milk parlour, milk house and AMS milking area must meet the following plumbing and water requirements: (

a) water must be delivered to it by a plumbing system that provides pressurized hot and cold running water and is protected from contamination; (

b) it must be equipped with hosing that (

i) connects to the plumbing system in the area, and (ii) reaches all of its equipment and interior building surfaces for rinsing and washing; (

c) the hosing required by clause (

b) must be used only for rinsing and washing in the milk parlour, milk house or AMS milking area. Sinks in milk house 19

(1) A milk house must have at least 2 sinks, including a sink for hand washing and a sink for equipment cleaning, that meet the requirements of this Section.

(2) Each sink must be equipped with a trapped drain. © NS Office of the Registrar of Regulations. Web version. 398

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(3) Each sink for hand washing must be equipped with soap and single-service towels.

(4) If any milking equipment is cleaned by hand, each sink for equipment cleaning must have a concave bottom.

(5) If milking equipment is cleaned using a clean-in-place system, each sink for equipment cleaning must meet the clean-in-place system wastewater requirements specified by the manufacturer or an equipment specialist. Washroom in milk house 20

(1) A washroom in a milk house must be enclosed in a space that is separated from the rest of the milk house and be equipped with all of the following: (

a) a sink for hand washing; (

b) a solid and tight-fitting door.

(2) Each toilet or urinal in a milk house washroom must be connected to a sewage disposal system by a plumbing system.

(3) A sink in a milk house washroom must not be used for cleaning milking equipment. Water for cleaning surfaces 21

(1) In this Section, “water quality standards” means the water quality standards set out in the table in subsection (2).

(2) Water used to clean surfaces that raw milk may contact must be protected from contamination and must meet the water quality standards set out in the following table: Microbiological Parameters Standard Escherichia coli bacteria no detectable colony forming units (cfu) per 100 ml total coliform bacteria fewer than 10 colony forming units (cfu) per 100 ml

(3) A producer must collect a water sample from their milk house at least once each calendar year and submit it for a water quality analysis at an accredited laboratory to ensure it meets the water quality standards.

(4) A producer must follow the procedure for collecting a water sample prescribed by the accredited laboratory that is conducting the analysis.

(5) A producer must retain a record of the results of a water quality analysis for 2 years following the date of analysis.

(6) If a water sample does not meet the water quality standards, the producer must take corrective action immediately and keep a record of the corrective actions. © NS Office of the Registrar of Regulations. Web version. 399

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Part II - Regulations Vol. 43, No. 20 General Equipment Requirements

Definitions for Sections 23 to 37 22 In Sections 23 to 37, in relation to equipment, “rinse” means to remove loose deposits of dirt and raw milk residue from the equipment using cold or lukewarm water; “sanitize” means to remove bacteria and other microorganisms from the equipment by following the directions on the manufacturer’s label for the sanitizer or the directions of an equipment specialist. Raw milk contact surface 23 Any surface that raw milk may contact must be smooth and made of a material that is (

a) non-corrodible; (

b) non-toxic; and (

c) not reactive with cleaners, sanitizers or raw milk. Equipment maintenance 24 All equipment used to produce or transfer raw milk must be kept clean, in good repair and in working order. Equipment use 25 All equipment used to produce or transfer raw milk must be used according to the manufacturer’s instructions and in a manner that does not contaminate raw milk. Equipment storage 26

(1) Any surface that equipment used to produce or transfer raw milk may contact in an equipment storage space must meet the requirements of

Section 23.

(2) All interior and exterior surfaces of an equipment storage space must be clean.

(3) An equipment storage space, if inside a building, must be located off of the floor. Cleaning and sanitizing equipment before contact with raw milk from other species 27 Equipment used to produce or transfer raw milk that has been in contact with raw milk produced by a dairy animal of one species and that may come into contact with raw milk produced by a dairy animal of another species must be cleaned and sanitized before it comes into contact with the raw milk produced by the dairy animal of the other species. Using clean-in-place system 28

(1) A clean-in-place system may be used to clean and sanitize the interior surface of milking equipment, including a farm bulk tank and a holding tank in an automatic milking system.

(2) A clean-in-place system must be used to clean and sanitize the interior surface of a bulk milk truck tank.

(3) A clean-in-place system must be used according to the instructions of (

a) the manufacturer of the clean-in-place system; or © NS Office of the Registrar of Regulations. Web version. 400

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b) an equipment specialist. Clean-in-place system for milking equipment other than farm bulk tank 29 Other than as provided in

Section 30 for a farm bulk tank, a clean-in-place system for milking equipment must be activated no later than 1 hour after the equipment no longer holds any milk. Clean-in-place system for farm bulk tank 30 To use a clean-in-place system for a farm bulk tank, (

a) immediately after it is emptied, the farm bulk tank must be rinsed by the person who transferred the milk from it; and (

b) the clean-in-place system must be activated after the farm bulk tank is rinsed, and the process must be completed before the tank is used again. Clean-in-place system for bulk milk truck tank 31

(1) A bulk milk truck tank must be rinsed and the clean-in-place system activated immediately after the bulk milk truck tank is emptied at the end of the day.

(2) A bulk milk truck tank that has not been used for more than 72 hours must be cleaned and sanitized before its next use. Manually cleaning and sanitizing milking equipment other than farm bulk tank 32 Other than as provided in

Section 33 for a farm bulk tank, manually cleaning and sanitizing milking equipment must be done in accordance with the following procedure: (

a) after milking the herd, (

i) the milking equipment must be rinsed immediately, (ii) the rinsed milking equipment must be cleaned using brushes designed and used only for that purpose, and (iii) the cleaned milking equipment and the cleaning equipment must be hung to drain and air-dry; (

b) immediately before the next milking: (

i) the milking equipment must be examined and, if required, cleaned further, and (ii) the milking equipment must be sanitized. Manually cleaning and sanitizing farm bulk tank 33 Manually cleaning and sanitizing the interior of a farm bulk tank must be done in accordance with the following procedure: (

a) immediately after it is emptied, the farm bulk tank must be rinsed by the person who transferred the milk from it; (

b) no later than 1 hour after being rinsed, the tank must be cleaned; (

c) immediately before its next use, the tank must be sanitized. © NS Office of the Registrar of Regulations. Web version. 401

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Part II - Regulations Vol. 43, No. 20 Cleaning and sanitizing bulk milk tank used for raw milk from dairy animal other than cow 34

(1) A transporter must rinse, clean and sanitize the interior of the bulk milk tank in accordance with the following procedure: (

a) immediately after the bulk milk tank is emptied, the transporter must rinse the bulk milk tank; (

b) at the end of any day that the transport vehicle is used, the transporter must clean and then sanitize the bulk milk tank.

(2) A bulk milk tank that has not been used for more than 48 hours must be cleaned and sanitized before its next use. Automatic milking system holding capacity 35 An automatic milking system must have sufficient capacity to hold raw milk while the farm bulk tank is being emptied and cleaned. Cleaning and sanitizing container used for non-frozen raw milk from dairy animal other than cow 36

(1) This

Section does not apply to raw milk taken from a dairy animal other than a cow, stored frozen in accordance with

Section 46, and transported in the same container it has been stored in.

(2) If raw milk from a dairy animal other than a cow is transported in a container other than a bulk milk tank, the transporter must rinse, clean and sanitize the container in accordance with the following procedure: (

a) immediately after the container is emptied, the transporter must rinse the container; (

b) at the end of any day that a container is used, the transporter must clean the container; (

c) immediately before the container’s next use, the transporter must sanitize the container.

(3) A container described in subsection (1) that has not been used for more than 48 hours must be cleaned and sanitized before its next use. Manually cleaning and sanitizing raw milk transfer equipment 37

(1) A transporter must rinse, clean, sanitize, dry and store raw milk transfer equipment and the raw milk transfer hose at the end of each day it is used.

(2) Raw milk transfer equipment or a raw milk transfer hose that has not been used for more than 72 hours must be cleaned and sanitized before its next use. Milk Cooling and Storage Equipment Must cool and store in farm bulk tank 38

(1) Except as provided in Sections 45 and 46 for raw milk from a dairy animal other than a cow, raw milk must be cooled and stored in a farm bulk tank.

(2) A farm bulk tank must not be used for any purpose other than cooling and storing raw milk. Required equipment for farm bulk tank 39

(1) A farm bulk tank must be equipped with all of the following: (

a) an outlet with a fitted cap; © NS Office of the Registrar of Regulations. Web version. 402

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b) a thermometer that measures temperature within a range of at least 0 EC to 50 EC and is calibrated to an accuracy of at least 1 EC; (

c) a temperature control device that meets all of the following requirements: (

i) it must operate under automatic control, (ii) after raw milk has been cooled to between 0 EC and 4 EC, it must maintain a difference of less than 1 EC between the actual raw milk temperature and the control temperature that has been set on the temperature control device; (

d) agitation equipment that meets all of the following requirements: (

i) except as provided in subsection (2) for farm bulk tanks installed before the date these regulations come into force, it must be capable of providing intermittent mechanical agitation for at least 5 minutes in every hour, (ii) it must be capable of maintaining raw milk homogeneity, (iii) it must not splash or churn the raw milk; (

e) for a producer who markets raw cows’ milk, a volume measurement system that meets the requirements of

Section 43.

(2) A farm bulk tank that is installed in a milk house before the date these regulations come into force must meet the requirements of subclause (3)(d)(

i) within 12 months after that date. Support structure for farm bulk tank 40

(1) Leg sockets on a farm bulk tank must be made of corrosion-resistant material.

(2) Legs supporting a farm bulk tank must be capable of being adjusted for height, and must be adjusted to do all of the following: (

a) evenly support the weight of the tank; (

b) prevent torsion, cracking and shifting of the tank; (

c) allow for attaching fittings to and draining the tank. Level installation for farm bulk tank 41

(1) A farm bulk tank must be levelled in all of the following circumstances: (

a) at the following times when it is installed: (

i) during its installation, by an installer authorized by an inspector, (ii) within 3 months of its installation, by an inspector; (

b) after it is moved; (

c) after it shifts in position.

(2) If any of the circumstances in subsection (1) occurs to a producer’s farm bulk tank, the producer © NS Office of the Registrar of Regulations. Web version. 403

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a) an inspector, if the farm bulk tank is holding non-cow’s milk; and (

b) an inspector and the Board, if the farm bulk tank is holding cow’s milk.

(3) Except as provided in subclause (1)(a)(i), a farm bulk tank may be adjusted or levelled only by, or under the authority of, an inspector. If farm bulk tank extends outside of milk house 42 In addition to the structural requirements in

Section 16, if a farm bulk tank extends outside of a milk house, all of the following requirements must be met: (

a) the manhole, vent and outlet of the farm bulk tank must be located inside the milk house; (

b) any part of the farm bulk tank that extends outside of a milk house must be (

i) kept clean, and (ii) protected from damage by weather, animals and vehicles. Volume measurement system for farm bulk tank 43

(1) This

Section and

Section 44 apply only to a producer who markets raw milk to the Board.

(2) A volume measurement system must be equipped with 1 of the following volume measurement devices: (

a) an external sight glass; or (

b) a dipstick that meets all of the following criteria: (

i) it is marked with scale divisions that begin from the bottom of the dipstick, (ii) it is suspended in the tank from a fixed point, (iii) it is supported in the tank in the vertical position in which the tank was calibrated.

(3) A volume measurement system must include a calibration table that displays the number of litres of raw milk in the farm bulk tank corresponding to each graduation on the scale of the volume measurement device.

(4) The same serial number must be marked on a farm bulk tank and its associated calibration table and, if a dipstick system is used, on the dipstick.

(5) A producer may submit a copy of the calibration table for each of their farm bulk tanks to an inspector to be retained on file. Recalibrating volume measurement system 44

(1) A volume measurement system may be recalibrated at the direction of the Board or of the producer using the system.

(2) Only a person who has the Board’s prior approval and who follows the recalibration procedures set out in Board policy may recalibrate a volume measurement system. © NS Office of the Registrar of Regulations. Web version. 404

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(3) The Board is responsible for any cost of a Board-directed recalibration. Cooling and storage exception for raw milk from dairy animal other than cow 45

(1) A producer may cool or store raw milk from a dairy animal other than a cow by a method inspected and authorized by an inspector and using equipment other than a farm bulk tank.

(2) A producer seeking authorization for a cooling or storing method under this

Section must demonstrate to an inspector that the proposed method meets the following requirements: (

a) for cooling, the temperature requirements in

Section 73; (

b) for storing, the storage duration requirements in

Section 76.

(3) A producer who cools or stores raw milk by a method inspected and authorized by an inspector must comply with any procedures or specifications required by the inspector. Frozen storage exception for raw milk from dairy animal other than cow 46

(1) Raw milk from a dairy animal other than a cow may be stored in a reusable or single-use container and placed in a freezer.

(2) All of the following apply to each container used under this Section: (

a) it must meet the requirements in

Section 23 for raw milk contact surfaces; (

b) if single-use, it must be used only once; (

c) if reusable, it must be cleaned and sanitized in accordance with

Section 32; (

d) it must be labelled with all of the following information: (

i) an identifier unique to that container of raw milk, (ii) the milking date or dates, (iii) the milk producer’s name.

(3) A freezer used under this

Section must meet all of the following requirements: (

a) it must be used exclusively for storing raw milk from a dairy animal other than a cow; (

b) its interior must meet the requirements in

Section 23 for raw milk contact surfaces; (

c) it must be clean; (

d) it must be equipped with a laboratory grade digital thermometer that meets all of the following requirements: (

i) it must have a thermometer display kept outside the freezer, (ii) it must have a temperature probe kept inside the freezer, (iii) it must measure the temperature inside the freezer within a range of at least !30 EC to 30 EC, © NS Office of the Registrar of Regulations. Web version. 405

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Part II - Regulations Vol. 43, No. 20 (iv) it must not have expired.

(4) A producer must, each day, record the date and the temperature of raw milk stored in a freezer under this Section, and must maintain a written log of the daily recorded information. Milk Transfer and Transportation Equipment Inspection of raw milk transfer equipment 47

(1) Raw milk transfer equipment to be used by a producer of raw milk from a dairy animal other than a cow must be inspected and authorized by an inspector.

(2) A producer referred to in subsection (1) must comply with any procedures or specifications required by the inspector for the raw milk transfer equipment. Application of Sections 49 to 52 48 Sections 49 to 52 apply only to a transporter of raw milk owned by the Board. Raw milk transfer hose required 49

(1) Unless a raw milk transfer pipe is used in accordance with

Section 50, a raw milk transfer hose must be used to transfer raw milk.

(2) During raw milk transfer, a raw milk transfer hose must be secured to a hose connection at both ends. When raw milk transfer pipe may be used 50

(1) With the Board’s approval, a raw milk transfer pipe may be used to transfer raw milk directly from a farm bulk tank to an on-farm processing plant.

(2) A raw milk transfer pipe used to transfer raw milk must be approved by an inspector and meet the food safety requirements of the Department of Environment or the Canadian Food Inspection Agency. Bulk milk truck use 51

(1) Unless another use is approved by the Board in accordance with this Section, a bulk milk truck must not be used for any purpose other than transporting raw milk, potable water and dairy by-products.

(2) A transporter may apply to the Board for approval to transport a substance other than one allowed under subsection (1), and the application must include all of the following information: (

a) name of transporter; (

b) substance to be transported; (

c) frequency at which the transporter proposes to haul the substance and duration of each trip; (

d) expected impact of the substance hauled on raw milk quality.

(3) Before approving an application under subsection (2), the Board must receive a positive recommendation from the Board’s Advisory Committee for Milk.

(4) The Board’s approval of an application under subsection (2) may include any terms and conditions it considers necessary to maintain the safety and quality of raw milk. © NS Office of the Registrar of Regulations. Web version. 406

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Part II - Regulations Vol. 43, No. 20 Required equipment for bulk milk truck 52

(1) A bulk milk truck must be equipped with all of the following: (

a) a waterproof and dust-tight container for storing empty sample vials; (

b) a milk sample storage cooler that meets all requirements for a milk sample storage cooler in the Bulk Milk Grader’s Course Manual; (

c) sample vials; (

d) adequate storage space to permit the storage of raw milk transfer equipment; (

e) raw milk transfer equipment; (

f) a stainless steel dipper; (

g) a sanitizer for the dipper; (

h) a thermometer that is either (

i) a digital thermometer that has not expired, or (ii) a dial thermometer that meets all of the following requirements: (

A) it must be issued by a processor or transporter, (

B) it must be identified by a unique identifier, (

C) it must measure temperature within a range of at least !30 EC to 30 EC, (

D) it must be properly calibrated by the issuing processor or issuing transporter, (

E) it must have a calibration record maintained by the issuing processor or issuing transporter; (

i) a logbook for recording bulk tank seals that meets all requirements under the Board’s Bulk Tanker Sealing Program; (

j) a bulk milk truck tank constructed in a manner that prevents the temperature of raw milk in the tank from increasing more than 2 °C for each 24-hour period the raw milk is in the tank; (

k) equipment allowing for adequate cleaning of the bulk milk truck tank, including a sufficient number of spray balls.

(2) In addition to meeting the requirements of

Section 23 for raw milk contact surfaces, surfaces of a bulk milk truck that may come into contact with raw milk must be (

a) free of cavities, open seams and loose particles; and (

b) readily cleanable. © NS Office of the Registrar of Regulations. Web version. 407

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Part II - Regulations Vol. 43, No. 20 Dairy Animals Animal access to milk parlour, AMS milking area or milk house 53

(1) No animal, other than a dairy animal there to be milked, is permitted in a milk parlour or an AMS milking area.

(2) No animal is permitted in a milk house. Animal segregation in dairy barn 54

(1) An animal must not be housed in a dairy barn unless it is of 1 of the following species: (

a) cow; (

b) domestic goat, genus Capra; (

c) domestic sheep, genus Ovis; (

d) domestic water buffalo, genus Bubalus.

(2) Each species of animal housed in a dairy barn must be housed separately in an area enclosed by walls that extend from the floor to the ceiling.

(3) Any door between the separate housing areas required by subsection (2) must be kept closed when not in use.

(4) Immature dairy animals housed in a dairy barn may be housed either individually or in groups, and must be housed separately from the milking herd in either an open pen or a tie stall.

(5) The housing of any immature dairy animal housed outside of a dairy barn, but in close proximity to the dairy barn, must meet all of the following requirements: (

a) it must be clean, tidy and free from excessive odour; (

b) it must not cause runoff that would compromise milk quality and safety. Dairy animal health 55 A dairy animal must (

a) be in good physical condition; and (

b) not have a communicable disease that can be transmitted through raw milk. Dairy animal cleanliness 56

(1) A dairy animal in a milking herd must be clean.

(2) Hair on the udder, belly, flanks and sides of a dairy animal in a milking herd must be kept short and free of dirt, manure and debris. Dairy animal bedding 57

(1) A dairy animal must have access to a rest area that is clean, dry and covered with a bedding material.

(2) If milking is done in a tie-stall milking barn or raw milk is collected in open buckets, bedding must © NS Office of the Registrar of Regulations. Web version. 408

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Part II - Regulations Vol. 43, No. 20 not be changed or disturbed during milking. Dairy animal manure 58

(1) Except as provided in subsection (2), solid and liquid manure must be removed from a dairy barn at least once a day.

(2) Manure may accumulate as follows: (

a) in a loose-housing barn, if there is sufficient bedding to ensure a clean, dry rest area for dairy animals; (

b) below the level of a dairy barn where dairy animals are housed, as part of a manure disposal system.

(3) Manure that accumulates under subsection (2) must be removed from a dairy barn at least once a year.

(4) Manure must be removed from a milk parlour promptly after milking.

(5) A milk house must be kept free of manure. Veterinary drug use 59

(1) A dairy animal must not be administered any drug other than a veterinary drug.

(2) A prescription veterinary drug must be administered as prescribed by a veterinarian.

(3) A non-prescription veterinary drug must be administered as directed by the manufacturer’s instructions.

(4) A producer must clearly identify dairy animals from which milk must be withheld because it may contain residues of veterinary drugs.

(5) A producer must maintain a record of all veterinary drug use in their milking herd. Veterinary drug storage 60

(1) A veterinary drug used to treat a dairy animal in a milking herd must not be stored in a milk house except in accordance with the following requirements: (

a) it must be stored in a closed cupboard or refrigerator in a manner that prevents contamination of the raw milk in the milk house; (

b) it must be stored in a manner that meets the requirements specified by the manufacturer or a veterinarian for storing it.

(2) Veterinary drugs that are used to treat non-lactating dairy animals must not be stored in a milk house. Personal Hygiene Preventing spread of disease 61 A person who is infected with or carrying any disease that may be transmitted through raw milk must not work in any capacity that involves producing, handling, storing or transporting raw milk. © NS Office of the Registrar of Regulations. Web version. 409

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Part II - Regulations Vol. 43, No. 20 Clothing and hand-washing 62

(1) While in contact with a dairy animal during milking, a person must do all of the following: (

a) wear clean clothing and footwear; (

b) wear waterproof dressings, gloves or clothing over any cut or lesion on their hands or arms; (

c) keep their hands clean and dry.

(2) Any waterproof gloves worn to cover a cut or lesion must meet all of the following requirements: (

a) they must be clean and dry; (

b) they must not react with cleaners, sanitizers or raw milk.

(3) Before touching milking equipment, raw milk transfer equipment, or milking, a person must wash their hands with soap and water, and then their dry hands with a single-service towel.

(4) A person’s hands must not be wet while hand-milking a dairy animal. Bulk milk grader not permitted in animal housing area 63 A bulk milk grader must not enter an animal housing area. Raw Milk Handling Restriction on marketing raw milk 64 A person must not market raw milk unless all the requirements in Sections 65 to 77 for handling the raw milk are met. No altering raw milk 65

(1) A person must not contaminate raw milk.

(2) A person must not remove any substance from raw milk before the raw milk is received by a processor. Segregating raw milk from different species 66 Raw milk taken from dairy animals of 2 or more species must not be mixed before the milk is received by a processor. No colostrum or veterinary drugs in raw milk 67 Raw milk taken from a dairy animal during any of the following periods must not be marketed: (

a) from 15 days before the date the dairy animal is expected to give birth, up to and including 3 days after it gives birth; (

b) when colostrum or blood is present in the raw milk; (

c) if the dairy animal is being treated with a veterinary drug, the withholding period for the drug as identified on the label of the drug or as specified by a veterinarian. No marketing colostrum for human consumption 68 A person must not market colostrum or any product containing colostrum for the purpose of human consumption. © NS Office of the Registrar of Regulations. Web version. 410

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Part II - Regulations Vol. 43, No. 20 Restriction on marketing colostrum for non-human consumption 69

(1) Except as provided in subsection (2), a producer must not market colostrum or any product containing colostrum for the purpose of non-human consumption.

(2) A producer may market colostrum obtained from a dairy animal up to 3 days after the dairy animal gives birth for the purpose of non-human consumption, with the prior approval of the following: (

a) for raw cows’ milk, the Board; (

b) for raw milk from a dairy animal other than a cow, the Council. Raw milk discard 70

(1) During milking, the first stream of raw milk from each teat of a dairy animal must be examined to determine if it (

a) has an abnormal odour; (

b) contains excessive sediment or any objectionable matter; or (

c) has physical defects.

(2) After examination, the first stream of raw milk examined under subsection (1) must be discarded in a manner that prevents contamination of the milking area.

(3) Any milk as described in clauses (1)(

a) to (

c) that is produced during milking must be discarded.

(4) An automatic milking system must be capable of meeting the requirements of subsections (1), (2) and (3). Teat cleaning and sanitizing 71

(1) Regardless of whether an automatic milking system is used, (

a) before milking equipment is placed on a dairy animal, all of the dairy animal’s teats must be cleaned and sanitized with a product approved for udder hygiene by the federal Department of Health; and (

b) after milking equipment is removed from a dairy animal, a product approved for udder hygiene by the federal Department of Health must be applied to all of the dairy animal’s teats.

(2) If an automatic milking system is not used, a dairy animal’s teats must be dried hygienically after being cleaned and sanitized under clause (1)(

a) and before milking equipment is placed on the dairy animal. Filtering raw milk 72

(1) Raw milk must pass through a filter before it is stored.

(2) A filter must be (

a) designed to filter raw milk; and (

b) used according to the manufacturer’s instructions. © NS Office of the Registrar of Regulations. Web version. 411

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Part II - Regulations Vol. 43, No. 20 Temperature of raw milk in farm bulk tank 73

(1) Except as provided in subsection (2) for raw milk obtained using an automatic milking system, (

a) the temperature of raw milk from a first milking stored in a farm bulk tank must meet all of the following requirements: (

i) no later than 1 hour after the first milking is finished, it must be lowered to less than or equal to 10 EC, (ii) no later than 2 hours after the first milking is finished, it must be lowered to less than or equal to 4 EC and higher than 0 EC, (iii) after reaching the temperature range in clause (a)(ii) by the time specified in that clause, it must be maintained in that range until raw milk from the next milking is added to the farm bulk tank; and (

b) the temperature of raw milk from the first milking in a farm bulk tank blended with raw milk from any subsequent milkings must meet all of the following requirements: (

i) it must be lower than or equal to 10 EC, (ii) no later than 1 hour after each subsequent milking is finished, it must be lower than or equal to 4 EC and higher than 0 EC, (iii) after reaching the temperature range in clause (b)(ii) by the time specified in that clause, it must be maintained in that range until the next milking.

(2) The temperature of raw milk obtained using an automatic milking system and stored in a farm bulk tank must, from within 2 hours after milking starts until the farm bulk tank no longer holds any milk, (

a) be higher than 0EC; and (

b) never go higher than 4EC for longer than 15 consecutive minutes. Temperature of frozen raw milk from dairy animal other than cow 74

(1) This

Section applies only to raw milk taken from a dairy animal other than a cow and stored in a freezer in accordance with

Section 46.

(2) Before freezing, raw milk must be cooled as provided under

Section 73 for raw milk in a farm bulk tank.

(3) Raw milk must be frozen to a temperature of lower than or equal to !18 EC.

(4) Raw milk must be frozen within 72 hours after milking.

(5) Raw milk that has been frozen must remain frozen until it is received by a processor.

(6) Raw milk that has been cooled as required in subsection (2) may be added to a container that holds raw milk that is already frozen. Temperature in transport vehicle 75

(1) Except as provided in subsection (2) for frozen raw milk, the temperature of raw milk being transported on a transport vehicle must be lower than or equal to 6 EC and higher than 0 EC. © NS Office of the Registrar of Regulations. Web version. 412

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Part II - Regulations Vol. 43, No. 20

(2) While being transported on a transport vehicle, raw milk that has been stored in a freezer in accordance with

Section 46 must meet the temperature requirements of

Section 74. Duration of raw milk storage 76

(1) Unless the Board grants an exemption under

Section 77, raw milk to be marketed to the Board must not be stored in a farm bulk tank for more than 48 hours.

(2) Except as provided in subsection (4) for frozen storage, raw milk from a dairy animal other than a cow must not be stored for more than 72 hours.

(3) The time periods in subsection (1) and subsection (2) apply to all raw milk, whether stored in a farm bulk tank or in storage equipment that complies with

Section 45, from the time that filling of the empty farm bulk tank or storage equipment begins.

(4) Raw milk taken from a dairy animal other than a cow and stored in a freezer in accordance with

Section 46 must not be stored for more than 12 months. Exemption from storage duration limit for raw milk in farm bulk tank 77

(1) In exceptional circumstances, the Board may grant an exemption to the time limit in subsection 76(1) for the storage of raw milk in a farm bulk tank, but in any event the raw milk must not be stored for more than 72 hours.

(2) An exemption under subsection (1) must be in accordance with the Council’s Milk Storage Exemption Policy.

(3) A producer may apply for an exemption under subsection (1) by submitting an application to the Board in the form prescribed in the Council’s Milk Storage Exemption Policy.

(4) On granting an exemption under this Section, the Board must notify the affected producer, transporter and processor.

(5) A producer must ensure that their farm bulk tank has sufficient holding capacity for additional raw milk that may be stored in exceptional circumstances under an exemption granted under this Section.

(6) An automatic milking system must have sufficient holding capacity for the main farm bulk tank to be emptied and cleaned. Raw Milk Grading and Transfer Only grader permitted to transfer raw milk 78 Only a grader may transfer raw milk. Testing temperature before transfer from storage 79

(1) Before transferring raw milk from where it has been stored at a dairy farm, a bulk milk grader must measure the temperature of the raw milk.

(2) For any temperature measurement under this Section, a bulk grader must use a thermometer that meets the requirements of clause 52(1)(h).

(3) A bulk milk grader must grade raw milk as rejected if any of the following apply: © NS Office of the Registrar of Regulations. Web version. 413

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Part II - Regulations Vol. 43, No. 20 (

a) for raw milk, the temperature of the raw milk is (

i) lower than or equal to 0 EC, or (ii) higher than 4 EC, other than as allowed under

Section 73; (

b) for raw milk taken from a dairy animal other than a cow and frozen under

Section 46, the temperature of the raw milk is higher than !18 °C.

(4) If raw milk in a farm bulk tank, or other storage equipment that complies with

Section 45, is in the process of cooling, a bulk milk grader may re-measure the temperature of the raw milk in the farm bulk tank or other storage equipment after the cooling times in

Section 73 have elapsed.

(5) A temperature measurement taken by a bulk milk grader under subsection (1) or, if the temperature is re-measured, under subsection (4), is final. Testing temperature before transfer from transport vehicle 80

(1) Before transferring raw milk from a transport vehicle, a plant grader must measure the temperature of raw milk on the transport vehicle.

(2) For any temperature measurement under this Section, a plant grader must use a thermometer that meets the requirements of clause 52(1)(h).

(3) A plant grader must grade raw milk as rejected if any of the following apply: (

a) for raw milk, the temperature of the raw milk is (

i) lower than or equal to 0 EC, or (ii) higher than 6 EC; (

b) for raw milk taken from a dairy animal other than a cow and frozen under

Section 46, the temperature of the raw milk is higher than !18 °C.

(4) A temperature measurement taken by a plant grader under this

Section is final. Examining raw milk 81

(1) In this Section, “rejection criteria” means the mandatory rejection criteria set out in

Section 82.

(2) Any examination under this

Section must be in accordance with the Bulk Milk Grader’s Course Manual.

(3) A grader must examine raw milk against the rejection criteria at the following times: (

a) except as provided in clause (b), before transferring the raw milk; (

b) for raw milk taken from a dairy animal other than a cow and frozen in accordance with

Section 46, (

i) after the raw milk has been cooled as provided in

Section 74 and before the raw milk is frozen, and (ii) at a processing plant, after the raw milk has thawed and before the raw milk is mixed © NS Office of the Registrar of Regulations. Web version. 414

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Part II - Regulations Vol. 43, No. 20 with any other raw milk or processed.

(4) While examining raw milk as required by subsection (3), a grader may examine the raw milk for any abnormal flavour.

(5) A grader must grade raw milk as rejected if any of the following apply: (

a) the milk meets any of the rejection criteria; (

b) the milk is examined under subsection (4) and is found to have an abnormal flavour; (

c) the producer’s production is too low to allow satisfactory cooling, sampling or measuring as required by these regulations or the Bulk Milk Grader’s Course Manual. Mandatory rejection criteria 82 All of the following are mandatory rejection criteria for the purpose of an examination of raw milk under subsection 81(3): (

a) the milk emits an unusual odour; (

b) the milk has a physical defect, including any of the following: (

i) discolouration, (ii) iciness, (iii) wateriness, (iv) thickness, (

v) coagulation, (vi) flakiness, (vii) stringiness; (

c) the milk has started to form butter; (

d) the milk contains colostrum; (

e) the milk contains foreign matter, including any of the following: (

i) blood, (ii) a pest, (iii) dirt, (iv) debris; (

f) the milk is not of good quality for reasons other than as listed in clauses (

a) to (e). © NS Office of the Registrar of Regulations. Web version. 415

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Part II - Regulations Vol. 43, No. 20 Milk grading decision final 83

(1) Unless an inspector grades the raw milk under subsection (3), a decision of a grader on whether to grade raw milk as rejected is final.

(2) Before making a decision on the grade of raw milk, a grader may consult with an inspector.

(3) An inspector who is consulted under subsection (2) may decide on the grade of the raw milk, and in that case the decision of the inspector is final. Rejection report: raw cows’ milk 84

(1) A grader or inspector who grades raw cows’ milk as rejected must record all of the following information in a form prescribed by the Council: (

a) if the rejected raw milk is in a farm bulk tank, (

i) producer’s name, (ii) producer registration number, (iii) transporter’s name, (iv) name of the grader or inspector, (

v) date of the rejection, (vi) time of the rejection, (vii) volume of raw milk in the tank, determined in accordance with a standard method outlined in the Bulk Milk Grader’s Course Manual, including (

A) a reading of the volume measurement device, and (

B) the volume according to the tank’s calibration table, recorded at no greater than the maximum volume on the calibration table, (viii) a statement that the raw milk was examined, rejected, and not transferred, (ix) all reasons for the rejection in accordance with Sections 81 and 82, (

x) any observations supporting the reasons for rejection; (

b) if the rejected raw milk is in a bulk milk truck, (

i) transporter’s name, (ii) bulk milk grader’s name, (iii) processing plant identification, (iv) name of the plant grader or inspector, (

v) date of the rejection, © NS Office of the Registrar of Regulations. Web version. 416

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Part II - Regulations Vol. 43, No. 20 (vi) time of the rejection, (vii) volume of rejected raw milk in the bulk milk truck tank or, if the tank has more than 1 compartment, in the compartment, (viii) a statement that the raw milk was examined, rejected and not transferred, (ix) all reasons for the rejection in accordance with Sections 81 and 82, (

x) any observations supporting the reasons for rejection.

(2) Information recorded under subsection (1) about raw milk graded as rejected must be provided to all of the following: (

a) the producer; (

b) the transporter; (

c) an inspector, unless the information was recorded by an inspector; (

d) the Board.

(3) A grader or inspector who grades raw milk in a farm bulk tank as rejected must indicate the rejection by marking the tank in accordance with a method prescribed in the Bulk Milk Grader’s Course Manual. Rejection report: raw milk from dairy animal other than cow 85

(1) A grader or inspector who grades raw milk from a dairy animal other than a cow as rejected must record all of the following information in a form prescribed by the Council: (

a) producer’s name; (

b) transporter’s name; (

c) name of the grader or inspector; (

d) date of the rejection; (

e) time of the rejection; (

f) a statement that the raw milk was examined, rejected and not transferred; (

g) all reasons for the rejection in accordance with Sections 81 and 82; (

h) any observations supporting the reasons for rejection.

(2) Information recorded under subsection (1) about raw milk graded as rejected must be provided to all of the following: (

a) the producer; (

b) the transporter; © NS Office of the Registrar of Regulations. Web version. 417

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Part II - Regulations Vol. 43, No. 20 (

c) an inspector, unless the information was recorded by an inspector. Sampling and testing for presence of inhibitors 86

(1) After raw milk is graded on arrival at a processing plant, and before it is transferred into the processing plant, a plant grader must (

a) sample the raw milk in accordance with this

Section and the general sampling provisions in Sections 95 to 99; and (

b) unless it is necessary to do an off-site test in accordance with subsection (5), test the sample on site for the presence of inhibitors, using a standard test in accordance with subsection 100(2).

(2) For raw milk delivered to a processing plant in a bulk milk truck tank with more than one compartment, a plant grader must take a sample as required by clause (1)(

a) directly from each compartment and test the samples separately.

(3) For raw milk taken from a dairy animal other than a cow and delivered in a container to a processing plant, a plant grader must take a sample as required by clause (1)(

a) from each container of raw milk.

(4) In either of the following circumstances, a plant grader must take a sample of raw milk as required by clause (1)(

a) after it is transferred from the transport vehicle, and test it for the presence of inhibitors as required by clause (1)(

b) before it is mixed with any other raw milk or processed: (

a) a portion of the raw cows’ milk being transported on a bulk milk truck is delivered to a small processing plant mid-route; (

b) raw milk from a dairy animal other than a cow is delivered to a processing plant frozen.

(5) If a processor of raw milk from a dairy animal other than a cow does not have the facilities to test raw milk on site for inhibitors, a plant grader must arrange to have the test required by subsection (1) conducted using the facilities of another processor or at the dairy testing laboratory.

(6) If the result of a test under this

Section is positive for the presence of inhibitors, (

a) for raw cows’ milk referred to in subsection (2), all the raw milk from the bulk milk truck tank compartment containing the raw milk that tested positive must be rejected; (

b) for raw milk from a dairy animal other than a cow, all the raw milk from the container or bulk milk tank containing the raw milk that tested positive must be rejected. Prohibition on marketing milk graded rejected 87 A person must not market raw milk that has been (

a) graded as rejected by a grader under subsection 81(5) or an inspector under subsection 83(3); or (

b) rejected under subsection 86(6) after testing positive for the presence of inhibitors. When transfer prohibited 88 Except as permitted in this subsection, raw milk must not be transferred if any of the following occur: © NS Office of the Registrar of Regulations. Web version. 418

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Part II - Regulations Vol. 43, No. 20 (

a) it is seized by an inspector; (

b) it is graded as rejected by a grader under subsection 81(5) or an inspector under subsection 83(3), except that the transporter may transfer raw milk between 2 transport vehicles to dispose of milk under subsection 89(2); (

c) it is rejected under subsection 86(6) after testing positive for the presence of inhibitors, except that the transporter may transfer raw milk between 2 transport vehicles to dispose of milk under subsection 89(2); (

d) it is prohibited from being marketed under these or any other applicable regulations. Required disposal of raw milk 89

(1) A producer must dispose of raw milk that is prohibited under clause 88(b), (

c) or (

d) from being transferred and is being stored in the producer’s farm bulk tank or in equipment that complies with

Section 45 or 46.

(2) A transporter must dispose of raw milk that is prohibited under clause 88(b), (

c) or (

d) from being transferred and is being carried on the transporter’s transport vehicle.

(3) Raw milk to be disposed of under this

Section must be kept separate from any other raw milk. Application of Sections 91 to 94 90 Sections 91 to 94 apply only to raw milk owned by the Board. Transfer of bulk milk between bulk milk truck tanks 91 Except as provided in

Section 92 or 93, a transfer of raw milk between 2 bulk milk truck tanks may be carried out only at a processing plant. Planned transfer between bulk milk truck tanks other than at plant 92

(1) A transporter may apply to the Board for approval to transfer raw milk between bulk milk truck tanks other than at a processing plant.

(2) An application under subsection (1) must include all of the following information: (

a) name of each transporter involved in the transfer; (

b) proposed location of the transfer; (

c) proposed frequency of the transfer; (

d) any special circumstances.

(3) The Board may approve an application under subsection (1) if all of the following requirements are met: (

a) the Board must be satisfied that each transporter involved in the transfer is in compliance with any regulations that the Board considers relevant; (

b) the proposed location must (

i) have a surface paved with concrete or asphalt, and © NS Office of the Registrar of Regulations. Web version. 419

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Part II - Regulations Vol. 43, No. 20 (ii) be located away from any source of contamination.

(4) The Board must issue written confirmation of an approval under this Section. Emergency transfer between bulk milk truck tanks 93

(1) If a bulk milk truck tank carrying raw milk is inoperable and, in the bulk milk grader’s opinion, the raw milk has not been compromised, the raw milk may be transferred to another bulk milk truck tank.

(2) A bulk milk grader who transfers raw milk between 2 bulk milk truck tanks under subsection (1) must record all of the following information in a form prescribed by the Council: (

a) transporter’s name; (

b) bulk milk truck tank identifier; (

c) date of the transfer; (

d) time of the transfer; (

e) description of the conditions that required the transfer; (

f) description of the action taken.

(3) The information recorded under subsection (2) must be provided to each of the following: (

a) an inspector; (

b) the transporter; (

c) the processor receiving the milk; (

d) the Board. Farm bulk tank milk transfer report 94

(1) Before a bulk milk grader transfers raw milk from a farm bulk tank to a bulk milk truck, the grader must record all of the following information in accordance with the Bulk Milk Grader’s Course Manual: (

a) producer’s name; (

b) provincial producer registration number; (

c) transporter’s name; (

d) grader’s name; (

e) pick-up date; (

f) pick-up time; (

g) volume of raw milk in the tank, determined in accordance with a standard method outlined in the Bulk Milk Grader’s Course Manual, including © NS Office of the Registrar of Regulations. Web version. 420

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i) a reading of the volume measurement device, and (ii) the volume according to the tank’s calibration table, recorded at no greater than the maximum volume on the calibration table; (

h) temperature of raw milk in the farm bulk tank; (

i) the barcode identifying the sample of the producer’s bulk tank.

(2) If a bulk milk grader does not fully empty a farm bulk tank before a transfer, the grader must record the information required by clauses (1)(

g) and (

h) after the transfer as well.

(3) A bulk milk grader must provide the information reported under subsections (1) and (2) to all of the following: (

a) the producer; (

b) the transporter; (

c) the Board.

(4) The Board must provide the information it receives under clauses (1)(a), (b), and (

e) and subclause (1)(g)(ii) to the Board’s payment agent. Raw Milk Sampling Only grader or inspector may collect sample 95 Only a grader or an inspector may collect a sample. Standard sampling methods 96

(1) A sample must be collected according to the procedure outlined in the Bulk Milk Grader’s Course Manual.

(2) A sample must be collected at the minimum frequency specified for the type of sample in

Schedule A:

Summary of Minimum Sampling and Administrative Requirements.

(3) A sample must be collected from the location specified for the type of sample in

Schedule A:

Summary of Minimum Sampling and Administrative Requirements.

(4) Before collecting a sample from a farm bulk tank, the raw milk in the tank must be agitated for at least 5 minutes.

(5) Except as provided in clause 86(4)(

b) for sampling and testing for the presence of inhibitors, for raw milk taken from a dairy animal other than a cow and to be stored frozen in accordance with

Section 46, a sample must be taken before the raw milk is frozen and after it has been cooled in accordance with

Section 74. Sample vial 97

(1) An empty sample vial must meet all of the following requirements before being used to collect a sample: (

a) it must be stored in a sample vial storage container; © NS Office of the Registrar of Regulations. Web version. 421

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b) it must have a sealed lid; (

c) it must be clean on the outside; (

d) it must have remained sterile on the inside, if the sample vial is sterile; (

e) it must be clean on the inside, if the sample vial is non-sterile.

(2) A sample vial must be uniquely identified and labelled in accordance with the Bulk Milk Grader’s Course Manual and as required by (

a) the Board, for a Board sample; or (

b) the dairy testing laboratory, for a dairy testing laboratory sample, inhibitor sample or temperature control sample.

(3) After a sample is collected, (

a) the full sample vial must be sealed and be kept clean on the outside; and (

b) the sample must be kept at a temperature lower than or equal to 4 EC and higher than 0 EC until it is tested. If sample does not meet standards 98

(1) A processor or dairy testing laboratory must not accept a sample that does not meet the standards outlined in the Bulk Milk Grader’s Course Manual and the requirements of these regulations.

(2) If a sample is not accepted, the processor or dairy testing laboratory must notify (

a) the Board, for raw cows’ milk; or (

b) the producer, for raw milk from a dairy animal other than a cow.

(3) For a Board sample, or a dairy testing laboratory sample for raw cows’ milk, that is not accepted, the Board may require a replacement sample and may specify a time for delivery.

(4) For a dairy testing laboratory sample for raw milk from a dairy animal other than a cow, or inhibitor sample, that is not accepted, the dairy testing laboratory may require a replacement sample and may specify a time for delivery.

(5) A grader or inspector must deliver a replacement sample as required by the Board or dairy testing laboratory under subsection (3) or (4). Sample storage and handling 99 All samples must be stored and handled in accordance with procedures set out in the Council’s Sampling and Storage Policy. Raw Milk Testing and Quality Standards Required tests 100

(1) Raw milk must be tested for all of the following, at the times and by the persons specified in

Schedule B:

Summary of Minimum Analysis and Administrative Requirements: © NS Office of the Registrar of Regulations. Web version. 422

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a) the chemical and microbiological parameters set out in the table in

Section 101; (

b) for cows’ milk only, (

i) levels of butterfat, protein and other solids, and (ii) temperature.

(2) Any test of raw milk required by these regulations must be carried out using a standard test of a type specified for that test by the authority named in

Schedule C:

Summary of Sampling and Testing Responsibilities.

(3) The cost of any test of raw milk required by these regulations must be paid by the person specified for the type of test in

Schedule B:

Summary of Minimum Analysis and Administrative Requirements.

(4) The results from any test of raw milk required by these regulations must be reported to the person specified for the type of test in

Schedule B:

Summary of Minimum Analysis and Administrative Requirements.

(5) The Board may administer the collection and analysis of raw milk samples for tests in addition to those referred to in subsection (1) to support the Board’s role under the Act.

(6) The Board must establish a process for setting fees for any testing of Board samples.

Chemical and microbiological standards for raw milk 101 Raw milk must meet the chemical and microbiological quality standards set out in the following table: Parameter Chemical or Microbiological Quality Standard Bacteria Raw cows’ milk: - maximum 50 000 cfu total living mesophilic aerobic bacteria per ml or - maximum 121 000 individual bacterial count per ml measured using method such as Bactoscan® Raw goats’ milk: - maximum 50 000 cfu total living mesophilic aerobic bacteria per ml or - maximum 321 000 individual bacterial count per ml measured using method such as Bactoscan® Raw sheep’s milk: same standard as for raw goats’ milk Raw milk from dairy animals other than cows, goats and sheep: same standard as for raw cows’ milk Somatic cells Raw cows’ milk: maximum 400 000 somatic cells per ml Raw goats’ milk: maximum 1 500 000 somatic cells per ml Raw sheep’s milk: same standard as for raw goats’ milk Raw milk from dairy animals other than cows, goats and sheep: same standard as for raw cows’ milk © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 43, No. 20 Inhibitors, including veterinary drug residues Negative for the presence of inhibitory substance residues, including veterinary drug residues, as tested by a testing method approved by the Council Freezing point Raw cows’ milk: maximum: -0.525EHortvet or (-0.507 EC) Raw goats’ milk: maximum: -0.564EHortvet or (-0.545 EC) Raw sheep’s milk: same standard as for raw goats’ milk Raw milk from dairy animals other than cows, goats and sheep: same standard as for raw cows’ milk Further testing for presence of inhibitors 102

(1) If the result of a test of raw milk under

Section 86 is positive for the presence of inhibitors, (

a) for raw cows’ milk, (

i) the processor may test all Board samples related to the bulk milk truck load containing the milk that tested positive, and (ii) the processor must deliver all of the following to the dairy testing laboratory for confirmation: (

A) the Board samples related to the bulk milk truck load containing the milk that tested positive, (

B) the samples that tested positive under

Section 86; (

b) for raw milk from a dairy animal other than a cow, the processor may deliver all the samples that tested positive to the dairy testing laboratory for confirmation.

(2) The dairy testing laboratory must analyze all samples delivered under subclause (1)(a)(ii) or clause (1)(

b) for the presence of inhibitors.

(3) Confirmation from the dairy testing laboratory that a raw milk sample tests positive for inhibitors is sufficient proof that the sample contains inhibitors. Notification of positive test result 103

(1) On finding that any raw milk analyzed under subsection 102(2) contains inhibitors, the dairy testing laboratory must notify an inspector.

(2) On being notified that raw milk has tested positive for the presence of inhibitors, the inspector or the inspector’s designate must, as soon as possible, notify the following: (

a) for any raw milk, the producer whose sample was found to be the source of the inhibitors in the analysis by the dairy testing laboratory under subsection 102(2); and (

b) for raw cows’ milk, the Board. Consequences of Failing to Meet Quality Standards Application of Sections 105 and 106 104 Sections 105 and 106 apply only to raw cows’ milk. © NS Office of the Registrar of Regulations. Web version. 424

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Part II - Regulations Vol. 43, No. 20 Consequences of testing positive for inhibitors 105

(1) After a producer is notified of a positive test result under subsection 103(2), in addition to the additional consequences and penalties set out in the Milk Producer Licensing Regulations , raw milk from the producer’s next milking must be tested from the producer’s farm bulk tank for inhibitors.

(2) If the raw milk tested under subsection (1) is found to contain an inhibitor, the producer’s raw milk must not be marketed until the Board is satisfied that it is free from inhibitors. Consequences of finding contamination other than inhibitor 106

(1) A producer who is found to be the source of any raw milk contamination, other than an inhibitor, that is identified by grading or analysis and that results in the disposal of the raw milk from a bulk milk truck (

a) is not entitled to be paid for any of their raw milk that is disposed of; (

b) is liable for all of the following in addition to any applicable penalty under the Milk Producer Licensing Regulations: (

i) reimbursement to the Board for the value of the remainder of the raw milk disposed of from the bulk milk truck, (ii) the disposal administration fee under the Bulk Haulage Regulations made under the Act, (iii) expenses incurred by the Board in disposing of the raw milk.

(2) A transporter who is found to be the source of any contamination as described in subsection (1) is liable to the Board for all of the following: (

a) reimbursement of the value of the raw milk disposed of; (

b) expenses incurred by the Board in disposing of the raw milk.

Schedule A:

Summary of Minimum Sampling and Administrative Requirements (Raw Milk Production and Transportation Regulations ) Table 1: Minimum Sam pling and Administrative Requirements: Raw Cows ’ Milk Milk Sample Type Board Dairy Testing Laboratory Inhibitor Temperature Control analysis butterfat, protein, other solids somatic cell count inhibitor test inhibitor confirmatory test other analysis as determined by Board bacteria freezing point inhibitor test inhibitor confirmatory test temperature © NS Office of the Registrar of Regulations. Web version. 425

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Part II - Regulations Vol. 43, No. 20 collected from farm bulk tank farm bulk tank bulk milk truck tank compartment(

s) processing plant (mid - route delivery to small processing plant only) farm bulk tank (on-farm processed only) farm bulk tank (only first pick-up of run) collected by bulk milk grader bulk milk grader plant grader bulk milk grader collected when after grading and before or during transfer after grading and before transfer after grading and before transfer after grading and before mixed with other raw milk or processed (mid - route delivery to small processing plant only) before Board sample (only first pick-up of run) sampling method standard method under ss. 96–97 RMPT Regulations standard method under ss. 96–97 RMPT Regulations standard method under ss. 96–97 RMPT Regulations standard method under ss. 96–97 RMPT Regulations sampling frequency every raw milk pick-up at least twice a month every raw milk delivery each pick-up run fees for analysis set by Board Department Department (inhibitor confirmatory test) Department Table 2: Minimum Sampling and Administrative Requirements: Raw Milk From Dairy Animals Other Than Cows Milk Sample Type Dairy Testing Laboratory Inhibitor analysis bacteria freezing point somatic cell count inhibitor test inhibitor confirmatory test (optional) collected from farm bulk tank storage equipment under s. 45 or 46 RMPT Regulations farm bulk tank bulk milk tank storage equipment under s. 45 or 46 RMPT Regulations collected by bulk milk grader plant grader collected when after grading and before transfer after grading and before transfer (non-frozen raw milk) after grading and before mixed with other raw milk or processed (frozen raw milk) sampling method standard method under ss. 96–97, RMPT Regulations standard method under ss. 96–97, RMPT Regulations sampling frequency at least once a month every raw milk delivery fees for analysis set by Department Department (inhibitor confirmatory test) © NS Office of the Registrar of Regulations.

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Schedule B:

Summary of Minimum Analysis and Administrative Requirements (Raw Milk Production and Transportation Regulations ) Table 1: Minimum Anal ysis and Administrative Requirements: Raw C ows’ Milk Milk Analysis Type Butterfat, Protein, Other Solids Bacteria Freezing Point Somatic Cell Count Inhibitor Test Inhibitor Confirmatory Test Temperature testing frequency at least 4 times a month at least twice a month at least twice a month at least 4 times a month every raw milk delivery; and Board samples tested when any inhibitor sample tests positive when any inhibitor sample tests positive (confirmatory test on both Board and inhibitor samples) every sample delivery testing provider accredited laboratory dairy testing laboratory dairy testing laboratory accredited laboratory processor dairy testing laboratory processor; accredited laboratory test result standard n/a s. 101 RMPT Regulations s. 101 RMPT Regulations s. 101 RMPT Regulations s. 101 RMPT Regulations s. 101 RMPT Regulations s. 97(3)(

b) RMPT Regulations test result reported to producer Board producer Board Inspector producer Board Inspector producer Board Inspector dairy testing laboratory producer inspector processor inspector* (*inspector notifies producer and Board— s. 103(2) RMPT Regulations) n/a* (*unless standard for samples not met—if not met, processor or laboratory testing the sample notifies the Board— s. 98(2) RMPT Regulations) test cost paid by Board and processor Board Board Board and processor Board and processor Board n/a Table 2: Minimum Analysis and Administrative Requirements: Raw Milk From Dairy Animals Other Than Cows Milk Analysis Type Bacteria Freezing Point Somatic Cell Count Inhibitor Test Inhibitor Confirmatory Test frequency at least once a month at least once a month at least once a month every raw milk delivery when any inhibitor sample tests positive (optional) © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 43, No. 20 testing provider dairy testing laboratory dairy testing laboratory dairy testing laboratory processor dairy testing laboratory test result standard s. 101 RMPT Regulations s. 101 RMPT Regulations s. 101 RMPT Regulations s. 101 RMPT Regulations s. 101 RMPT Regulations test result reported to producer inspector producer inspector producer inspector dairy testing laboratory producer inspector processor inspector* (*inspector notifies producer— s. 103(2) RMPT Regulations) test cost paid by processor processor Department processor Department

Schedule C:

Summary of Sampling and Testing Responsibilities (Raw Milk Production and Transportation Regulations ) Table 1: Sampling a nd Testing Responsibilities: Cows’ Milk Responsibility Authority Responsible, by Raw Milk Sample Type Board Sample Dairy Testing Laboratory Sample Inhibitor Sample Temperature Control Sample specify type of sample vial used for sampling Board dairy testing laboratory dairy testing laboratory dairy testing laboratory provide sample vials to transporters Board Board Board Board specify type of test Board dairy testing laboratory Council dairy testing laboratory

schedule collection and testing of samples Board dairy testing laboratory dairy testing laboratory dairy testing laboratory manage transportation of samples Board Board dairy testing laboratory dairy testing laboratory collect and report test results Board dairy testing laboratory and Board dairy testing laboratory dairy testing laboratory administer payment of testing costs and collection of testing fees Board Board dairy testing laboratory dairy testing laboratory manage results records Board Board dairy testing laboratory dairy testing laboratory prescribe unique sample identification method Board dairy testing laboratory dairy testing laboratory dairy testing laboratory © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 43, No. 20 Table 2: Sampling and Testing Responsibilities: Raw Milk From Dairy Animals Other Than Cows Responsibility Authority Responsible, by Raw Milk Sample Type Dairy Testing Laboratory Sample Inhibitor Sample specify type of sample vial used for sampling dairy testing laboratory dairy testing laboratory provide sample vials to processors Department Department specify type of test dairy testing laboratory Council

schedule collection and testing of samples dairy testing laboratory dairy testing laboratory manage transportation of samples n/a n/a collect and report test results dairy testing laboratory dairy testing laboratory administer payment of testing costs and collection of testing fees dairy testing laboratory dairy testing laboratory manage results records dairy testing laboratory inspector dairy testing laboratory inspector prescribe unique sample identification method dairy testing laboratory dairy testing laboratory N.S.

Reg. 133/2019 Made: September 12, 2019 Filed: September 13, 2019 Prescribed Petroleum Products Prices Order dated September 12, 2019 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order In the matter of the Petroleum Products Pricing Act M09392 - and - In the matter of prescribing prices for petroleum products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Richard Melanson, LL.B., Member

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum product prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; © NS Office of the Registrar of Regulations. Web version. 429

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whereas the Board revised the wholesale margin effective January 4, 2013, in its decision, 2012 NSUARB 213, issued on December 12, 2012; And

whereas the Board revised the retail margin and the transportation allowance effective October 28, 2016, in its decision, 2016 NSUARB 168, issued on September 26, 2016; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the period ended September 11, 2019, are: Grade 1 Regular gasoline 58.98¢ per litre Ultra-low-sulfur diesel oil 66.24¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 58.98¢ per litre Grade 2 61.98¢ per litre Grade 3 64.98¢ per litre Ultra-low-sulfur diesel oil 66.24¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: minus 0.40¢ per litre Ultra-low-sulfur diesel oil: plus 0.40¢ per litre And

whereas a winter blending adjustment of plus 0.53¢ per litre is required for ultra-low-sulfur diesel oil; And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., September 13, 2019. Dated at Halifax, Nova Scotia, this 12th day of September, 2019. sgd. Lisa Wallace Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on September 13, 2019 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov. Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 66.77 69.77 72.77 75.62 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 92.27 95.27 98.27 95.02 112.0 115.4 118.9 115.1 114.2 117.6 121.1 117.3 112.0 115.4 118.9 115.1 999.9 999.9 999.9 999.9 © NS Office of the Registrar of Regulations. Web version. 430

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Part II - Regulations Vol. 43, No. 20 Zone 2 Regular Unleaded 67.27 10.0 15.5 92.77 112.6 114.7 112.6 999.9 Mid-Grade Unleaded 70.27 10.0 15.5 95.77 116.0 118.2 116.0 999.9 Premium Unleaded 73.27 10.0 15.5 98.77 119.5 121.6 119.5 999.9 Ultra-Low-Sulfur Diesel 76.12 4.0 15.4 95.52 115.7 117.9 115.7 999.9 Zone 3 Regular Unleaded 67.67 10.0 15.5 93.17 113.0 115.2 113.0 999.9 Mid-Grade Unleaded 70.67 10.0 15.5 96.17 116.5 118.6 116.5 999.9 Premium Unleaded 73.67 10.0 15.5 99.17 119.9 122.1 119.9 999.9 Ultra-Low-Sulfur Diesel 76.52 4.0 15.4 95.92 116.2 118.4 116.2 999.9 Zone 4 Regular Unleaded 67.77 10.0 15.5 93.27 113.1 115.3 113.1 999.9 Mid-Grade Unleaded 70.77 10.0 15.5 96.27 116.6 118.8 116.6 999.9 Premium Unleaded 73.77 10.0 15.5 99.27 120.0 122.2 120.0 999.9 Ultra-Low-Sulfur Diesel 76.62 4.0 15.4 96.02 116.3 118.5 116.3 999.9 Zone 5 Regular Unleaded 67.77 10.0 15.5 93.27 113.1 115.3 113.1 999.9 Mid-Grade Unleaded 70.77 10.0 15.5 96.27 116.6 118.8 116.6 999.9 Premium Unleaded 73.77 10.0 15.5 99.27 120.0 122.2 120.0 999.9 Ultra-Low-Sulfur Diesel 76.62 4.0 15.4 96.02 116.3 118.5 116.3 999.9 Zone 6 Regular Unleaded 68.47 10.0 15.5 93.97 113.9 116.1 113.9 999.9 Mid-Grade Unleaded 71.47 10.0 15.5 96.97 117.4 119.6 117.4 999.9 Premium Unleaded 74.47 10.0 15.5 99.97 120.8 123.0 120.8 999.9 Ultra-Low-Sulfur Diesel 77.32 4.0 15.4 96.72 117.1 119.3 117.1 999.9 © NS Office of the Registrar of Regulations.

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