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Advisory Committee Regulations

made under clause 15(1)(

c) of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 247/2023 (effective January 1, 2024)

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Interpretation

Advisory Committee for Milk established

Constitution of Committee

Processor representatives

Observers

Costs

Quorum

Voting

Voting when member absent

Decision making

Arbitration

Advisory Committee for Transportation established

Decision of Advisory Committee for Milk supersedes decision of Advisory Committee

for Transportation

Constitution of the Committee

Transporter representatives

Costs

Voting

Arbitration

Notification of proposed Regulatory Amendments

Notification to producers

Citation

1 These regulations may be cited as the Advisory Committee Regulations .

Interpretation

2 In these regulations,

“ACM” means the Advisory Committee for Milk established by

Section 3;

“ACT” means the Advisory Committee for Transportation established by

Section

13;

“Board representative” means a member of the ACM appointed under subsection

[clause] 4(1)(

a) or a member of the ACT appointed under subsection [clause]

15(1)(a), as the case may be;

“processor representative” means a representative of a processor appointed under

subsection [clause] 4(1)(b);

“Transporters” means all persons licensed by the Board to transport milk in Nova

Scotia under

Section 3 of the Bulk Haulage Regulations ; and

“transporter representative” means a representative of a transporter appointed under

subsection [clause] 15(1)(b).

Advisory Committee for Milk established

3 The Advisory Committee for Milk is established to advise and make recommendations

to the Board on

(

a) promoting harmonious relationships between persons engaged in the

producing and marketing of milk;

(

b) promoting greater efficiency in the marketing of milk;

(

c) preventing and correcting irregularities and inequities in the marketing of

milk;

(

d) improving circulation of market information respecting milk; and

(

e) any matter with respect to which the Board may make regulations under the

Act.

Constitution of Committee

(1) The ACM consists of 5 members as follows:

(

a) two members appointed annually by the Board, each to serve a 1-year term;

(

b) two members appointed annually by the Processor Association, each to

serve a 1-year term subject to

Section 5;

(

c) the chair of the ACM appointed by the ACM, to serve a 3-year term, subject

to annual review, who is

(

i) approved by the Board representatives and processor representatives,

and

(ii) not a producer, processor, or distributor of dairy products.

(2) The Board must appoint a secretary of the ACM.

(3) If a member of the ACM dies, resigns, or becomes unavailable to act before the

expiration of their term as an ACM member, the Board or the Processor

Association appointing such person, as the case may be, must appoint a member to

serve for the remainder of that term.

(4) Any Committee member may be reappointed.

Processor representatives

(1) At least 60 days prior to the appointments of the processor representatives

expiring, the Board must contact the Processor Association requesting the names

of appointees for the coming year.

(2) If no appointments are made within the 60 days referenced in subsection (1), the

Board must send a second request to the Processor Association by registered mail.

(3) If no appointments are made within 30 days of the request in subsection (2) being

mailed, the Board may appoint processor representatives to the ACM.

(4) Processor representatives appointed under

Section 4 must represent different

processors.

(5) If there is a reorganization, merger, or consolidation of processors during any term

of processor representatives, the Processor Association may appoint new processor

representatives for the remainder of that term.

(6) The ACM must identify and implement ways of including the input of all

processors in the representation of processors on the Committee.

Observers

(1) The Board may appoint 1 observer to sit on the ACM in a non-voting capacity.

(2) Each processor representative may appoint 1 observer to sit on the Committee in a

non-voting capacity.

(3) The Council must appoint 1 observer to sit on the ACM in a non-voting capacity.

(4) At the beginning of each meeting, the secretary must record who is present as

voting members and who is present as observers for the purpose of voting in

accordance with

Section 9.

Costs

(1) The Board is responsible for the costs of the secretary, Board representatives, and

any observer appointed by the Board.

(2) Each processor representative is responsible for their own costs and for the costs of

any observer appointed by the processor representative.

(3) The remuneration paid to the chair of the ACM and the terms of any contract for

services with the chair must be mutually agreeable between the Board

representatives and the processor representatives.

(4) All chair remuneration and Committee meeting costs must be shared between the

Board and the processor representatives, with the Board paying 50% of the costs

and the processor representatives each paying 25% of the costs.

Quorum

8 A quorum for voting is 4 Committee members, consisting of 2 Board representatives and

2 processor representatives.

Voting

(1) All decisions of the ACM must be unanimous.

(2) The Board representatives collectively have 1 vote, and the processor

representatives collectively have 1 vote.

(3) The chair does not have a vote.

(4) The collective vote of the Board representatives and the collective vote of the

processor representatives is determined in accordance with the following chart:

Vote of Board/processor representative 1

Yes

Abstain

Vote of

Board/processor

representative 2

Yes

Yes

No consensus

Yes

No consensus

Abstain

Yes

Abstain

(5) The outcome of a vote at the ACM is determined in accordance with the following

chart:

Collective vote of Board representatives

Yes

Abstain

consensus

Collective vote

of processor

representatives

Yes

Yes

decision

Yes

decision

decision

decision

Abstain

Yes

Abstain

decision

consensus

decision

decision

decision

decision

(6) Where one or more ACM members abstain from voting and all other votes are

unanimous, the abstained vote will not be counted and the decision will be

unanimous.

(7) The secretary must record the votes of all 4 of the voting members, including any

abstentions from voting.

Voting when member absent

(1) If a Board representative is absent from a meeting, an observer appointed by the

Board under subsection 6(1) is considered a Board representative for the purpose

Section 9 and has the same voting rights as a Board representative.

(2) If a processor representative is absent from a meeting, an observer appointed by

that processor representative under subsection 6(2) is considered a processor

representative for the purpose of

Section 9 and has the same voting rights as the

processor representative.

Decision making

(1) If the ACM is unable to reach a decision after an issue has been discussed at a

minimum of 4 meetings, over a maximum of 3 months, the chair may propose a

30-day cooling-off period.

(2) If a decision has not been reached under subsection (1), including after a cooling-off period, the chair may refer the matter to mediation, provided that at least 3 out

of 4 voting Committee members agree.

(3) If a decision has not been reached under subsections (1) or (2), the chair, or the

secretary if the chair is unavailable, must refer the matter to the Council for

arbitration in accordance with

Section 12.

Arbitration

(1) The ACM must send a request for arbitration to the Council in writing, and the

request must demonstrate why the ACM was unable to reach a decision under

Section 11.

(2) The Council has the discretion to determine whether to arbitrate an issue referred

to it under this Section.

(3) The Council must determine whether to hear the matter within 14 days of receiving

the request.

(4) If the Council determines it will not hear the matter, the Committee must refer the

matter to an arbitrator on a panel of arbitrators maintained for this purpose.

(5) Unless otherwise agreed to by both parties, or the Council determines otherwise, a

matter arbitrated under this regulation must be heard:

(

a) if Council determines to hear the matter, within 21 days of the decision to

hear it;

(

b) if an arbitrator is appointed to hear the matter, within 21 days of the

appointment.

(6) A decision of an arbitrator, including the Council, must be delivered within 14

days following the conclusion of the hearing, unless the Council determines

otherwise.

(7) The decision of an arbitrator, including the Council, is final and binding on the

processors and the Board.

(8) All costs of the arbitration and the mediation must be equally shared by the Board

and the processors.

Advisory Committee for Transportation established

13 The Advisory Committee for Transportation is established to advise and make

recommendations to the Board on

(

a) promoting harmonious relationships between producers and persons

transporting milk;

(

b) promoting greater efficiency in the transporting of milk;

(

c) any aspect of bulk milk transportation with respect to which the Board may

make regulations under the Act.

Decision of Advisory Committee for Milk supersedes decision of Advisory Committee for

Transportation

14 Where a decision of the ACT and the ACM conflict, the decision of the ACM shall

supersede the decision of the ACT.

Constitution of the Committee

(1) The ACT consists of 5 members as follows:

(

a) two members appointed annually by the Board, each to serve a 1-year term;

(

b) two members appointed annually by the Transporters, each to serve a 1-year

term subject to

Section 16;

(

c) the chair of the ACT appointed by the ACT, to serve a 3-year term, subject

to annual review, who is

(

i) a non-voting member,

(ii) approved by the board representatives and transporter representatives,

and

(iii) not a producer, processor, or distributor of dairy products.

(2) The Board shall appoint a secretary for the ACT.

(3) If a member of the ACT dies, resigns, or becomes unavailable to act before the

expiration of their term as

an ACT member, the Board or transporters appointing

such person, as the case may be, must appoint a member to serve for the remainder

of that term.

(4) Any ACT member may be reappointed.

(5) Transporter representatives appointed under clause 15(1)(

b) must represent

different transporters.

Transporter representatives

(1) At least 60 days prior to the appointments of the transporter representatives

expiring, the Board must contact the Transporters requesting the names of

appointees for the coming year.

(2) If no appointments are made within the 60 days referenced in subsection (1), the

Board must send a second request to the Transporters by registered mail.

(3) If no appointments are made within 30 days of the request in subsection (2) being

mailed, the Board may appoint transporter representatives to the ACT.

(4) The transporter representatives must be representative of different transporters

carrying on business in the Province.

(5) If there is a reorganization, merger, or consolidation of transporters during any

term of transporter representatives, the Transporters may appoint new members for

the remainder of that term.

(6) If the Transporters do not make an appointment under subsection (5) within 30

days of the reorganization, merger, or consolidation, the Board must send a request

to the Transporters by registered mail, and if no appointment is made within 30

days of the registered mail being mailed the Board may appoint a transporter

representative who has not been appointed in order to increase the number of

transporter representatives to 3.

(7) The transporter representatives shall identify and implement ways of including the

input of the other transporters who are not on the ACT.

Costs

(1) The Board is responsible for the costs of the secretary and Board representatives.

(2) The transporter representatives are responsible for their own costs.

(3) All chair remuneration and ACT meeting costs must be shared equally between the

Board and the Transporters, with the Board paying 50% of the costs and the

transporter representatives each paying 25% of the costs.

(4) The remuneration or compensation paid to the chair of the ACT, and the terms of

any contract for services with the chair, must be mutually agreeable between the

Board and the Transporters.

Voting

(1) Each member of the ACT has one vote, with the exception of the chair, who does

not have a vote.

(2) All decisions of the ACT must be unanimous among the voting members.

Arbitration

(1) If, at any time, the ACT is unable to reach a unanimous decision and the chair is of

the opinion that all avenues that might lead to unanimity have been exhausted, or

at least two-thirds of the voting members concur that the matter must be referred to

arbitration, the chair, or failing the chair the secretary, must refer the matter to

arbitration.

(2) A matter referred to arbitration must be referred to one of the arbitrators on the

panel of arbitrators maintained for this purpose.

(3) The panel of arbitrators must only contain the names of those arbitrators who are

mutually agreeable to both the Board and the Transporters, and who have agreed to

the terms of reference for an arbitration under these regulations.

(4) Upon the arbitrator being appointed, the hearing of the matter must be within 21

days of the appointment and the decision of the arbitrator must be delivered within

7 days of the conclusion of the hearing, unless both parties agree to extend either or

both deadlines.

(5) The decision of the arbitrator is final and binding on the Transporters and the

Board.

(6) All costs of the arbitration must be equally shared by the Board and the

Transporters.

Notification of proposed Regulatory Amendments

(1) The Board must notify the transporter representatives and processor

representatives of any proposed amendments to the regulations that are relevant to

processors or transporters, as the case may be.

(2) The transporter representatives and processor representatives have 30 days to raise

concerns with the proposed amendments under subsection (1) by notifying the

chair of their respective committee.

(3) If the transporter representatives or processor representatives raise concerns with

the proposed amendments, the chair of their respective committee must

immediately convene a meeting to address the concerns.

(4) The dispute resolution mechanisms in these regulations apply to any issues

identified under subsection (2).

Notification to producers

21 The Board must notify producers of any proposed amendments to the regulations within

a reasonable period of time.

Legislative History

Reference Tables

Advisory Committee Regulations

N.S. Reg.

247/2023

Dairy Industry Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

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

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

247/2023

Jan 1, 2024

date specified

Jan 12, 2024

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

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

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Original text

does not include any other subsections in

Section 2. Subsection 2(1) redesignated as

Section 2

for the purposes of this consolidation.

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

65/2001

Advisory Committee Regulations

Jun 21, 2001

Jan 1, 2024

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.