Volume 44, No. 19 September 11, 2020

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

Page Dairy Industry Act Total Production Quota Regulations–amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108/2020 326 Natural Products Act Chicken Farmers of Nova Scotia Regulations–replacement. . . . . . . . . . . . . . . . . . . . . . . . . 109/2020 327 Petroleum Products Pricing Act Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107/2020 324 Prescribed Petroleum Products Prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110/2020 358 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. 323

N.S. Reg. 107/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 19 N.S. Reg. 107/2020 Made: August 20, 2020 Filed: August 21, 2020 Prescribed Petroleum Products Prices Order dated August 20, 2020 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 M09825 In the matter of the Petroleum Products Pricing Act - 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: Roland A. Deveau, Q.C., Vice Chair

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 August 19, 2020, are: Grade 1 Regular gasoline 43.53¢ per litre Ultra-low-sulfur diesel oil 42.59¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 43.53¢ per litre Grade 2 46.53¢ per litre Grade 3 49.53¢ per litre Ultra-low-sulfur diesel oil 42.59¢ 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: plus 0.4¢ per litre Ultra-low-sulfur diesel oil: minus 0.3¢ per litre 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., August 21, 2020. © NS Office of the Registrar of Regulations. Web version. 324

N.S. Reg. 107/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 19 Dated at Halifax, Nova Scotia, this 20th day of August, 2020. sgd. Crystal Henwood 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 August 21, 2020 Nova Scotia Petroleum Price

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

Wholesale Excise Selling Tax Price Tax Price Min Max Min Max Zone 1 Regular Unleaded 52.38 10.0 15.5 77.88 95.4 97.6 95.4 999.9 Mid-Grade Unleaded 55.38 10.0 15.5 80.88 98.9 101.1 98.9 999.9 Premium Unleaded 58.38 10.0 15.5 83.88 102.3 104.5 102.3 999.9 Ultra-Low-Sulfur Diesel 51.06 4.0 15.4 70.46 86.9 89.1 86.9 999.9 Zone 2 Regular Unleaded 52.88 10.0 15.5 78.38 96.0 98.2 96.0 999.9 Mid-Grade Unleaded 55.88 10.0 15.5 81.38 99.5 101.6 99.5 999.9 Premium Unleaded 58.88 10.0 15.5 84.38 102.9 105.1 102.9 999.9 Ultra-Low-Sulfur Diesel 51.56 4.0 15.4 70.96 87.5 89.7 87.5 999.9 Zone 3 Regular Unleaded 53.28 10.0 15.5 78.78 96.5 98.6 96.5 999.9 Mid-Grade Unleaded 56.28 10.0 15.5 81.78 99.9 102.1 99.9 999.9 Premium Unleaded 59.28 10.0 15.5 84.78 103.4 105.5 103.4 999.9 Ultra-Low-Sulfur Diesel 51.96 4.0 15.4 71.36 87.9 90.1 87.9 999.9 Zone 4 Regular Unleaded 53.38 10.0 15.5 78.88 96.6 98.8 96.6 999.9 Mid-Grade Unleaded 56.38 10.0 15.5 81.88 100.0 102.2 100.0 999.9 Premium Unleaded 59.38 10.0 15.5 84.88 103.5 105.7 103.5 999.9 Ultra-Low-Sulfur Diesel 52.06 4.0 15.4 71.46 88.0 90.2 88.0 999.9 Zone 5 Regular Unleaded 53.38 10.0 15.5 78.88 96.6 98.8 96.6 999.9 Mid-Grade Unleaded 56.38 10.0 15.5 81.88 100.0 102.2 100.0 999.9 Premium Unleaded 59.38 10.0 15.5 84.88 103.5 105.7 103.5 999.9 Ultra-Low-Sulfur Diesel 52.06 4.0 15.4 71.46 88.0 90.2 88.0 999.9 Zone 6 Regular Unleaded 54.08 10.0 15.5 79.58 97.4 99.6 97.4 999.9 Mid-Grade Unleaded 57.08 10.0 15.5 82.58 100.8 103.0 100.8 999.9 Premium Unleaded 60.08 10.0 15.5 85.58 104.3 106.5 104.3 999.9 Ultra-Low-Sulfur Diesel 52.76 4.0 15.4 72.16 88.8 91.0 88.8 999.9 © NS Office of the Registrar of Regulations.

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N.S. Reg. 108/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 19 N.S. Reg. 108/2020 Made: August 20, 2020 Approved: August 21, 2020 Filed: August 25, 2020 Total Production Quota Regulations–amendment Order dated August 21, 2020 Amendment to regulations made by the Dairy Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to clause 14(1)(

e) of the Dairy Industry Act Dairy Farmers of Nova Scotia Amendment to the Total Production Quota Regulations I certify that on August 20, 2020, the Dairy Farmers of Nova Scotia, pursuant to clause 14(1)(

e) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act, as delegated by clause 2(1)(

h) of the Delegation of Powers to Dairy Farmers of Nova Scotia Regulations, N.S. Reg. 136/2001, carried a motion to amend the Total Production Quota Regulations, N.S. Reg. 255/2009, made by the Dairy Farmers of Nova Scotia on May 21, 2009, and approved by the Natural Products Marketing Council on July 21, 2009, in the manner set forth in the attached

Schedule “A”, effective on and after September 1, 2020. Signed at Truro, in the County of Colchester, Nova Scotia, on August 21, 2020. Dairy Farmers of Nova Scotia per: sgd. Kimberly Harrison Kimberly Harrison Assistant General Manager ________________________________________________________________ Approved by the Natural Products Marketing Council at Truro, in the County of Colchester, Nova Scotia, on August 21, 2020. Natural Products Marketing Council per: sgd. E. A. Crouse Elizabeth A. Crouse, P.Ag. Director

Schedule “A” Amendment to the Total Production Quota Regulations made by the Dairy Farmers of Nova Scotia pursuant to clause 14(1)(

e) of

Chapter 24 of the Acts of 2000, the Dairy Industry Act The Total Production Quota Regulations, N.S. Reg. 255/2009, made by the Dairy Farmers of Nova Scotia on May 21, 2009, and approved by the Natural Products Marketing Council on July 21, 2009, are amended by adding the following immediately after

Section 15A: © NS Office of the Registrar of Regulations. Web version. 326

N.S. Reg. 108/2020 - 109/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 19 Temporary transfer prohibitions 15B

(1) If the Board considers it advisable or necessary, the Board may temporarily prohibit: (

a) any transfer of TPQ; (

b) a producer that is a corporation from issuing shares; (

c) a shareholder of a producer that is a corporation from transferring shares.

(2) The Board may not prohibit the transfer of shares under [clause] (1)(

c) if the recipient is (

a) a new producer and immediate family member of a shareholder of the producer; or (

b) an assisted new producer. N.S. Reg. 109/2020 Made: August 19, 2020 Approved: August 20, 2020 Filed: August 25, 2020 Chicken Farmers of Nova Scotia Regulations–replacement Order dated August 20, 2020 Repeal of regulations and regulations made by the Chicken Farmers of Nova Scotia and approved by the Natural Products Marketing Council pursuant to

Section 9 of the Natural Products Act Chicken Farmers of Nova Scotia Repeal and Replacement of the Chicken Farmers of Nova Scotia Regulations made under the Natural Products Act I certify that on August 19, 2020, the Chicken Farmers of Nova Scotia, pursuant to

Section 9 of

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

Section 7 of the Nova Scotia Chicken Marketing Plan, N.S. Reg. 241/1982, carried a motion to (

a) repeal the Chicken Farmers of Nova Scotia Regulations , N.S. Reg. 11/2005; and (

b) make new regulations respecting the production and marketing of chicken in the form set out in the attached

Schedule “A”. The repeal and making of regulations referred to in this certificate is effective on and after September 1, 2020. Signed at Kentville, in the County of Kings, Nova Scotia, on August 20, 2020. Chicken Farmers of Nova Scotia per: sgd. Christine Bell Christine Bell Executive Director © NS Office of the Registrar of Regulations. Web version. 327

N.S. Reg. 109/2020 Royal Gazette

Part II - Regulations Vol. 44, No. 19 Approved by the Natural Products Marketing Council at Truro, in the County of Colchester, Nova Scotia, on August 20, 2020. Natural Products Marketing Council per: sgd. E.A. Crouse Elizabeth A. Crouse, P.Ag. Director

Schedule “A” Regulations Respecting the Production and Marketing of Chicken made by the Chicken Farmers of Nova Scotia pursuant to

Section 9 of

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

Short title 1 These regulations may be cited as the Chicken Farmers of Nova Scotia Regulations .

Part 1 -

Interpretation

Interpretation 2

(1) In these regulations, unless the context otherwise specifies, “A-06” means the 8-week marketing period from April 14, 1996, to June 8, 1996, inclusive; “A-07” means the 8-week marketing period immediately following A-06; “A7-0001” means the 7-week marketing period from January 21, 2018 to March 17, 2018, inclusive; “A7-0002” means the 7-week marketing period immediately following A7-0001; “aggregate base quota” means the aggregate of the base quota registered to a producer and the total base quota registered to all other persons with whom the producer is associated, determined in accordance with

Section 6; “base quota” means the number of kilograms of chicken registered by the Commodity Board to a producer in accordance with these regulations, expressed as an annual figure in kilograms of live weight and as adjusted by the Commodity Board; “base quota period” means the 48-week period used to calculate adjustments to base quota in accordance with

Section 9F, beginning with the 48-week period from December 24, 1995, to November 23, 1996, and from then on each consecutive 48 weeks; “beneficial shareholder” means a person who owns 1 or more shares issued by a corporation, whether or not that person is listed as the registered owner of any such share in the register of members of the corporation; “eligible new entrant” means a person whose name is entered in the register of eligible new entrants kept by the Commodity Board under subsection 9D(4); © NS Office of the Registrar of Regulations. Web version. 328

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Part II - Regulations Vol. 44, No. 19 “extra-provincial amount” means the number of kilograms of chicken that the Commodity Board determines a producer has been authorized or is otherwise eligible to produce or market under the laws of another province in a base quota period; “facilities” means the building, lands, fixtures and equipment that are used for producing chicken; “flock” means any group of chickens housed in a producer’s facilities that are being raised by the producer for marketing at the same or approximately the same live weight at the same or approximately the same time; “free range chicken” means any variety of chicken that (

i) is raised on a feed ration consisting solely of grains, vegetable oil and necessary vitamins and minerals and containing no traces of rendered meat products, fish meal, antibiotics or other medication of any kind, including growth promoters, (ii) has regular access to fresh air, sun, soil and green forage, and (iii) will be processed by a federally or Provincially inspected processor; “immediate family” of an individual means the individual’s spouse, parent, child and grandchild and the spouse of any parent, child or grandchild of the individual; “interest in base quota” means a legal or beneficial interest in base quota as described in

Section 9; “licence” means a licence issued by the Commodity Board in accordance with

Section 11 to authorize a person to produce and market chicken in the regulated area; “licensed quantity of chicken”, in relation to a producer licence, means the total kilograms live weight of chicken as determined under

Section 21 that may be produced under the licence; “licensing period” means the period of time during which a licence is valid as follows: (

a) for a producer, special, or producer-vendor licence, the marketing period for which it was issued, (

b) for a vendor licence, the period from the date of issue to December 31 of the calendar year in which it was issued, (

c) for a specialty licence, the period from April 1 to November 30 in a calendar year; [Note: subclause lettering as in original.] “live weight” means the weight of live chicken as measured by a processor on delivery by a producer; “market development chicken” means chicken produced under a special licence for market development; “marketing period” means any period established by the Commodity Board during which producers, other than producers with specialty licences, are licensed to market chicken; “maximum barn capacity” means, in relation to a producer, the producer’s maximum barn capacity as determined under

Section 32; © NS Office of the Registrar of Regulations. Web version. 329

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Part II - Regulations Vol. 44, No. 19 “organic chicken” means any variety of chicken raised under an organic production system that meets all of the following criteria: (

i) it is based on the Canadian Organic Standards published by the Canadian General Standards Board, (ii) it is certified by a certification body accredited under the Organic Products Regulations, 2009, made under the Canada Agricultural Products Act (Canada), (iii) it is recognized by the Commodity Board and the Council; “overmarketing assessment levy” means the levy payable by a producer to the Commodity Board for marketing more kilograms live weight than their licensed quantity of chicken for an overmarketing assessment period as determined under

Section 26; “overmarketing assessment period” means 2 consecutive marketing periods as follows: (

i) for 8-week licences, A-06 and A-07, and every subsequent 2 consecutive 8-week marketing periods after that, and (ii) for 7-week licences, A7-0001 and A7-0002, and every subsequent 2 consecutive 7-week marketing periods after that; “partnership” includes a limited partnership; “periodic base quota” means the portion of a producer’s base quota applicable to 1 marketing period, calculated using the formula PBQ = (BQ/357) × 56, in which (

i) PBQ is the producer’s periodic base quota, and (ii) BQ is the producer’s base quota; “person” means any of the following: (

i) a natural person, (ii) a corporation, (iii) a partnership, (iv) a trust or estate; “Plan” means the Nova Scotia Chicken Marketing Plan made under the Act; “plant” means any permanent building or structure containing machinery or equipment used for processing chicken; “Price Negotiating Committee” means the committee established under

Section 9 of the Plan to recommend the minimum price at which chicken must be bought or sold as the base price; “producer licensee” means a producer who holds a producer licence; © NS Office of the Registrar of Regulations. Web version. 330

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Part II - Regulations Vol. 44, No. 19 “producer-vendor” means a person who produces and markets, offers for sale, sells or stores all or any parts of chicken in the regulated area; “production and marketing agreement” means an agreement for each marketing period entered into by a producer and a processor in accordance with

Section 27; “quota allocation” means the total number of kilograms of chicken allocated by the Chicken Farmers of Canada to the Commodity Board for A-06 and for each subsequent 8-week marketing period after that, expressed in kilograms of live weight; “specialty chicken” means chicken that is not produced under a producer licence and that is designated by the Commodity Board as specialty chicken, and includes free range chicken and organic chicken; “Specialty Poultry Growers Association of Nova Scotia” means the registered society for specialty poultry growers in Nova Scotia; “specialty producer licensee” means a producer who holds a specialty producer licence; “Specialty Production Committee” means the committee established under

Section 40 to provide recommendations to the Commodity Board regarding specialty production; “total production” means the total kilograms live weight of chicken allocated by the Commodity Board among all producers; “trust” includes a testamentary trust and an inter vivos trust; “vendor” means a person who markets, offers for sale, sells or stores chicks in the regulated area.

(2) For the purpose of these regulations, persons are associated with one another if any of the following apply: (

a) they are members of the same immediate family; (

b) they are trustees, personal representatives or beneficiaries of the same trust or estate; (c) 1 of them is a donor of a power of attorney and the other is the attorney; (d) 1 of them is a corporation and the other is an officer, director or shareholder of the corporation; (e) 1 of them is a partnership and the other is a partner in the partnership; (f) 1 of them is a trust or corporation that owns shares of a corporation or has an interest in a partnership and the other is that corporation or partnership; (

g) each of them is a corporation, partnership or trust and they are all controlled directly or indirectly by the same person.

(3) For the purpose of these regulations, a person owns facilities if any of the following apply: (

a) the person holds any of the following, whether or not subject to a mortgage or other encumbrance: © NS Office of the Registrar of Regulations. Web version. 331

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i) legal title to the facilities evidenced by a deed registered at the relevant land registration office, (ii) a certificate of title for the facilities issued by the Supreme Court of Nova Scotia, (iii) a Certified Statement of Registered and Recorded Interests for the facilities issued by the Registrar of Deeds under the Land Registration Act; (

b) the person is a borrower under an agreement of sale with the Nova Scotia Farm Loan Board that applies to the facilities.

(4) Unless a different definition for the same term is set out in subsection (1),

definitions in the Plan apply to these regulations. Written notice 3

(1) For the purpose of these regulations, unless otherwise specified, written notice means written communication sent by (

a) registered mail; (

b) courier; (

c) letter mail; (

d) e-mail.

(2) Written notice sent by letter mail or registered mail is deemed to be received on the 5th business day after it was postmarked, or accepted, by Canada Post.

Part II - Base Quota Requirement to hold base quota 4

(1) Except as provided in subsection (2), a person is not eligible for a producer licence, a special licence or a producer-vendor licence unless that person has been issued base quota.

(2) Dalhousie University is exempt from the requirement in subsection (1) for base quota, but it must obtain a producer licence for each flock housed in its research facilities and must pay the applicable fee. Total production allotted 5 Subject to

Section 23, the total production allotted among all licences must be equal to the quota allocation. Associated producers 6

(1) If 2 or more producers are associated, the Commodity Board must determine their aggregate base quota by treating the base quota allotted to each of them as having been allotted to all of them.

(2) If 2 or more producers become associated, the Commodity Board may reduce the base quota of any of the associated producers so that the aggregate base quota held by the associated producers does not exceed the maximum set out in

Section 8. © NS Office of the Registrar of Regulations. Web version. 332

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(3) To determine if producers are associated, the Commodity Board may use all information available that it considers relevant, including a certificate provided by a producer under subsection 63(1) or (2). Minimum base quota The minimum base quota that may be registered to a producer is 235 000 kg live weight. Maximum base quota 8

(1) Subject to subsections (7) and (8), the maximum base quota that may be registered to an individual producer is 5% of the total base quota registered by the Commodity Board.

(2) Except as provided in subsections (3) and (5) and subject to subsections (6) to (8), the maximum aggregate base quota that may be registered to 2 or more associated producers is 5% of the total base quota registered by the Commodity Board.

(3) If 2 or more associated producers have a parent-child relationship, the maximum aggregate base quota that may be registered among the parent or parents and all of the children is 10% of the total base quota registered by the Commodity Board.

(4) A “parent-child relationship” includes a natural person, as well as any corporation, partnership or trust that holds base quota, and in which one or more of the parents or children are the only holders of a legal or beneficial interest.

(5) The maximum specified in subsection (2) for aggregate base quota does not apply to a producer who, on the date this subsection comes into force, is in an association with 1 or more other producers with an aggregate base quota greater than the maximum specified in that subsection.

(6) A producer referred to in subsection (5) is not entitled to have additional base quota transferred to them as long as the aggregate base quota held by the producer and their associated producers exceeds the maximum specified in subsection (2) or (3).

(7) If a producer has been permitted to produce or market an extra-provincial amount, the extra-provincial amount is included in the calculation of base quota and aggregate base quota for determining compliance with subsection (1) or (2).

(8) A producer who exceeds the maximum specified in subsection (1) or (2) for base quota because of an extra-provincial amount is not eligible to receive a transfer of base quota.

(9) No transfer of base quota is effective unless the Commodity Board is satisfied that the requirements of this

Section have been met. Interest in base quota 9

(1) A person has an interest in base quota if that person is any of the following: (

a) a person that has a direct interest in base quota; (

b) a shareholder of a corporation that has an interest in base quota; (

c) a partner in a partnership that has an interest in base quota; (

d) a trustee or beneficiary of a trust that has an interest in base quota; (

e) the personal representative or a beneficiary of an estate that has an interest in base quota. © NS Office of the Registrar of Regulations. Web version. 333

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(2) Either of the following is considered to be an interest in base quota: (

a) a direct interest in the base quota; (

b) an interest in the base quota through a series of associated persons with direct or indirect ownership interests in one another. Applying for approval to transfer base quota 9A

(1) In this Section, “application” means an application under subsection (2) for approval to transfer base quota.

(2) A person must apply to the Commodity Board for approval to transfer base quota to another person.

(3) Each of the following is considered a transfer of base quota for the purposes of subsection (2): (

a) any transfer of all or part of the base quota held by a person to another person; (

b) any change in the shareholders or beneficial shareholders of a corporation that has been issued base quota; (

c) any change in the partners of a partnership that has been issued base quota; (

d) any change in the income beneficiaries or capital beneficiaries of a trust that has been issued base quota, whether the change occurred before or after the final distribution of that trust; (

e) any change other than those listed in clauses (

a) to (

d) that results in a person acquiring or disposing of an interest in base quota or that otherwise affects a person’s interest in base quota.

(4) An application must include all of the following: (

a) the name of the applicant; (

b) the proposed transferee’s name and contact information; (

c) the amount of base quota to be transferred; (

d) a certificate as described in subsection 63(1) or (2) for each of (

i) the transferor of base quota after the transfer, if only a part of the transferor’s base quota is being transferred, and (ii) the transferee of base quota after the transfer; (

e) the facilities to be transferred, if any; (

f) written evidence of a binding agreement satisfactory to the Commodity Board, including a specified transfer date; (

g) the signatures of the applicant and the proposed transferee; (

h) if the proposed transfer is without facilities, details about the facilities where chicken will be produced; © NS Office of the Registrar of Regulations. Web version. 334

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i) if chicken are to be produced in a leased facility, an application under subsection 29(2) from the transferee for approval to produce chicken in a leased facility; (

j) any information or documentation in addition to that specified in clauses (

a) to (

i) that the Commodity Board considers relevant to the application.

(5) An application for approval must be in the form approved by the Commodity Board and must be submitted to the Commodity Board at least 18 weeks before the beginning of the marketing period on the first day of which the transfer of base quota is intended to take place.

(6) The Commodity Board may consider any of the following additional information in considering an application: (

a) information contained in a certificate provided by the applicant or the proposed transferee under subsection 63(1) or (2); (

b) information provided to the Commodity Board by a broiler chicken commodity board that is created under the laws of a province other than the Province and has authority over quota for broiler chicken in that other province; (

c) Commodity Board records pertaining to the applicant or the proposed transferee; (

d) information obtained by the Commodity Board at any time as a result of an inspection under the Plan or the Act; (

e) any information in addition to that specified in clauses (

a) to (

d) that it considers relevant to the application.

(7) Nothing in these regulations affects the ability of the parties to a transfer to establish terms and conditions in a contract of purchase and sale that are consistent with the Act, the Plan and these regulations. Commodity Board approval of application to transfer base quota 9B

(1) If the Commodity Board is satisfied that an application under

Section 9A for approval to transfer base quota is complete, the Commodity Board may approve the transfer.

(2) A transfer of base quota takes effect on the first day of the next marketing period for which licences have not yet been issued by the Commodity Board.

(3) Approval of a transfer of base quota may include any condition that the Commodity Board considers appropriate. When application for transfer of base quota not approved 9C The Commodity Board must refuse an application under

Section 9A for approval to transfer base quota in any of the following circumstances: (

a) as a result of the proposed transfer, any producer’s base quota would fall below the minimum base quota specified in

Section 7; (

b) as a result of the proposed transfer, the base quota of any producer or the aggregate base quota of any associated producers would exceed the maximum base quota specified in

Section 8; (c) subsection 8(5) or [subsection] 8(8) applies to the proposed transferee; © NS Office of the Registrar of Regulations. Web version. 335

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d) if a transfer of base quota without facilities is proposed, the transferee has not complied with Sections 29 to 31; (

e) the applicant or proposed transferee owes any licence fees, levies, or other money to the Commodity Board; (

f) the proposed transfer would violate the Act, these or any other regulations made by the Commodity Board, or any policy, order or direction of the Commodity Board. Applying for registration as eligible new entrant 9D

(1) A natural person who meets all of the following criteria may apply to the Commodity Board to be registered as an eligible new entrant: (

a) the person is at least 19 years old; (

b) the person does not currently hold and has never held base quota; (

c) the person is a resident of the Province.

(2) An application for registration as an eligible new entrant must be in the form approved by the Commodity Board and must include the applicant’s name and signature.

(3) An application for registration as an eligible new entrant must be submitted to the Commodity Board no later than noon on the last business day of the Commodity Board in December.

(4) The Commodity Board must keep a register of eligible new entrants and, on determining that an applicant is eligible to be registered, must add the applicant’s name to the register in the order that their eligibility was determined. Decision to issue base quota to eligible new entrant 9E

(1) At the end of a base quota period, the Commodity Board must decide whether to issue base quota to 1 or more eligible new entrants.

(2) The Commodity Board must not issue base quota to an eligible new entrant unless the quota allocation is at least equal to the quota allocation for the base quota period beginning with marketing period A-39 and ending with marketing period A-45.

(3) If the Commodity Board decides to issue base quota to an eligible new entrant, it must provide written notice to the eligible new entrant whose name is the next one listed in the register kept under subsection 9D(4).

(4) A notice under subsection (3) must include all [of] the following terms and conditions: (

a) the eligible new entrant must own facilities that meet the production standard determined under subsections 32(1) and (2) by a date specified in the notice; (

b) the eligible new entrant’s facilities must pass an inspection by the Commodity Board; (

c) base quota will be registered in the name of the eligible new entrant in at least the minimum amount specified in

Section 7; (

d) the eligible new entrant is prohibited from transferring base quota for at least 3 years following the date the Commodity Board registers base quota in their name; © NS Office of the Registrar of Regulations. Web version. 336

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e) to be issued base quota, the eligible new entrant must accept the terms and conditions in the notice by the date specified in the notice.

(5) The Commodity Board may withdraw or amend a notice issued under subsection (3) at any time if the eligible new entrant fails to comply with any term or condition listed in subsection (4).

(6) If an eligible new entrant dies after base quota is registered in their name, the base quota is registered in the name of the deceased’s estate and may be transferred to a beneficiary of the estate only if the beneficiary meets the criteria in subsection 9D(1) for an applicant for registration as an eligible new entrant.

(7) If the estate of a deceased eligible new entrant becomes a base quota holder referred to in subsection (6) and the estate has no beneficiary who meets the criteria described in subsection (6), the Commodity Board may allow the estate to transfer the base quota in accordance with

Section 9A. Adjusting base quota after base quota period 9F

(1) The Commodity Board must adjust each producer’s base quota after each base quota period to reflect increases or decreases in the quota allocation and to reflect the total kilogram increase or decrease in the Province for the base quota period then ended.

(2) Subject to Sections 9G and 9H, if there is an increase as described in subsection (1), the Commodity Board must apportion base quota adjustments in the following manner: (

a) first, if the Commodity Board has decided to allot base quota to an eligible new entrant under subsection 9E(1), the Commodity Board must allot some or all of the amount of the increase to an eligible new entrant; (

b) second, the Commodity Board must apportion any remaining amount of the increase on a pro rata basis among all producers, based on each producer’s share of the total base quota registered by the Commodity Board.

(3) Subject to Sections 9G and 9H, if there is a decrease as described in subsection (1), the Commodity Board must apportion the amount of the decrease on a pro rata basis among all producers, based on each producer’s share of the total base quota registered by the Commodity Board. Impact of transfer on base quota adjustment 9G

(1) When base quota is transferred the increase or decrease with respect to the amount of the transferred quota applies to the transferee on a pro rata basis from the date of the transfer.

(2) Subject to subsection (4), a producer who transfers all of their base quota does not retain any part of any adjustment to base quota.

(3) A producer who transfers part of their base quota is not eligible for any adjustments to base quota under subsection 9F(2) from the beginning of the marketing period for which the transfer was effective until the beginning of the first marketing period of the third full base quota period after the effective date of the transfer. (4) Subsection (2) will not apply when a producer who is a natural person applies to and obtains approval from the Commodity Board to transfer all of their base quota and any adjustment to base quota to a corporation, partnership or trust in which the natural person is a beneficial shareholder, partner or beneficiary. © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 44, No. 19 Impact of maximum and minimum base quota on base quota adjustment 9H

(1) The Commodity Board may modify the amount of an adjustment to increase base quota apportioned to a producer under subsection 9F(2) if necessary to maintain compliance with the maximum base quota and maximum aggregate base quota requirements in

Section 8.

(2) The Commodity Board may modify the amount of an adjustment to decrease base quota apportioned to a producer under subsection 9F(3) if necessary to maintain compliance with the minimum base quota requirements in

Section 7.

(3) Any amount of a base quota adjustment that would be apportioned to a producer except that the producer is not eligible for an adjustment under subsection 9G(3) must be apportioned to all remaining producers on a pro rata basis, except to those producers to whom subsection 8(6) or [subsection] 8(8) applies. Cancelling base quota or adjustment to base quota 9I

(1) The Commodity Board may cancel all or part of a producer’s base quota or the amount of any adjustment to increase the producer’s base quota, or both, in any of the following circumstances: (

a) the producer fails to provide the Commodity Board with any report required under Sections 55 to 65 with respect to the production and marketing of chicken; (

b) the producer fails to comply with a condition imposed on an approval to transfer quota issued under

Section 9B; (

c) the producer raises a flock in facilities not owned by the producer without the prior written approval of the Commodity Board; (

d) the producer fails to allow an inspector to inspect the books and records related to and the premises used by the producer in producing chicken; (

e) the producer violates the Act, the Plan or these regulations other than as described in clauses (

a) to (d).

(2) Any base quota or amount of an adjustment to base quota cancelled in whole or in part under subsection (1) is transferred to the Commodity Board and may be (

a) retired; or (

b) reissued by the Commodity Board to any other person or persons, subject to any conditions the Commodity Board considers appropriate.

(3) A producer whose base quota is transferred to the Commodity Board under this

Section is not entitled to compensation from the Commodity Board. Transition 9J The Commodity Board, in its sole discretion, may recognize as valid any transfer of base quota made under any agreement, will or other instrument executed before the date this

Section comes into force.

Part III - Licensing, Fees and Production Requirement to hold licence 10

(1) Except as provided in subsection (2), a person must not produce or market chicken unless the person holds a valid applicable licence. © NS Office of the Registrar of Regulations. Web version. 338

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(2) A person who produces 200 or fewer chickens on their premises in a calendar year for personal consumption is not required to hold a licence. Types of licences 11 The Commodity Board may issue licences for the production and marketing of chicken in any of the following categories: (

a) producer licence: authorizes the holder to produce and market chicken in the regulated area; (

b) producer-vendor licence: authorizes the holder to produce and market, offer for sale, sell or store all or any parts of chicken in the regulated area; (

c) vendor licence: authorizes the holder to market, offer for sale, sell or store chicks; (

d) special licence: authorizes a producer to produce and market chicken for a specified purpose and time period to meet market requirements in accordance with

Section 35; (

e) specialty licence: authorizes a producer to produce and market the type of specialty chicken specified on the licence during a licensing period in accordance with

Section 36. Applying for licence 12 A person may apply to the Commodity Board for a licence by submitting a completed application, in a form approved by the Commodity Board, for each type of licence sought. Violation of Act or regulations by licence holder 13 If a holder of a licence violates the Act or the regulations made under the Act, the Commodity Board may do any of the following: (

a) refuse to issue a licence, in whole or in part, for future marketing or licensing periods; (

b) refer the matter to the Council for a decision on suspending or revoking their licence under

Section 10 of the Act. Licence holder rights 14

(1) The holder of a licence is not entitled to any rights other than those specifically stated in the licence.

(2) The issuance of a licence does not confer any right to receive additional licences or base quota. Licences not transferable 15 A licence is not transferable, except as provided in the following Sections: (

a) Section 20, for a producer licence; (

b) Section 52, for a specialty licence. Producer Licences Producer licences 16 A producer licence must include all of the following information: (

a) the name of the licensee; (

b) the marketing period for which the licence is issued; © NS Office of the Registrar of Regulations. Web version. 339

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c) the licensed quantity of chicken; (

d) the number of weeks in the licensing period. Producer licence fees 17

(1) Except as provided in

Section 18, no later than 7 days after marketing chicken, a producer must pay to the Commodity Board a producer licence fee of $1.54 per 100 kg live weight of chicken marketed, plus any applicable taxes.

(2) The kilograms live weight of chicken marketed under subsection (1) includes any chicken marketed under a special licence. Deduction and payment of producer licence fees by processor 18

(1) If a producer licensee is marketing chicken through a processor’s plant, the processor must deduct the producer fees set out in subsection 17(1) before making any settlement with the producer.

(2) Producer licence fees collected by a processor under subsection (1) must be paid to the Commodity Board on behalf of the producer no later than 15 days after the end of the month in which the fee was collected.

(3) If a processor fails to pay the producer fees in accordance with subsection (2), the producer must immediately pay the fees to the Commodity Board. Effective date of producer licence 19

(1) Subject to subsection (2), a producer licence is effective on the date that the Commodity Board receives the production and marketing agreement.

(2) A production and marketing agreement must be completed and submitted in accordance with

Section 27 by the filing date specified in the production and marketing agreement.

(3) Despite a producer licence not being in effect, if a person markets chicken after missing the filing date for the production and marketing agreement, the person must still pay all of the following: (

a) the producer licence fee set out in

Section 17; (

b) any applicable overmarketing assessment levy calculated under

Section 26, based on the total kilograms live weight of chicken actually marketed by the person and the licensed quantity of chicken. Transferring producer licence 20

(1) A producer licence may be transferred at the end of an overmarketing assessment period if all of the following criteria are met: (

a) the amount to be transferred does not exceed 20% of the producer’s licensed quantity of chicken for the 2nd marketing period of the overmarketing assessment period; (

b) if more than 1 licence is involved, the licences are issued for the same marketing period.

(2) An application for approval of a transfer under subsection (1) must be submitted to the Commodity Board in a form approved by the Commodity Board and within the time limit set by the Commodity Board, together with a licence transfer fee of $50. © NS Office of the Registrar of Regulations. Web version. 340

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Part II - Regulations Vol. 44, No. 19 Basis for licensed quantity of chicken 21 Subject to Sections 16 and 32, and any adjustment under

Section 22 or 23, the licensed quantity of chicken for a producer licence is based on the length of the marketing period for which the licence is issued and the lesser of the following: (

a) the producer’s maximum barn capacity; (

b) the producer’s periodic base quota as adjusted by (

i) that producer’s share of any increase or decrease from the quota allocation for the marketing period, with any increase or decrease being subject to Sections 9F, 9G, and 9H, and (ii) any market adjustment for exceptional circumstances granted under

Section 23 for the marketing period. Adjustment to licensed quantity of chicken 22

(1) If the Commodity Board adjusts the total production, including a market adjustment under

Section 23, the licensed quantity of chicken for a producer licence must be adjusted based on the producer’s share of the total production. Market adjustment in exceptional circumstances 23

(1) In exceptional circumstances, the Council may grant a market adjustment to the quota allocation for a marketing period after licences have been issued by the Commodity Board for the marketing period, such that the total licences adjusted may be less than the quota allocation.

(2) For the purposes of this Section, exceptional circumstances means conditions that are unusual, unforeseen, and out of the ordinary course of events that reduce the market demand for chicken produced in the regulated area.

(3) The Commodity Board may apply to Council for a market adjustment by making a written request that includes all of the following: (

a) the proposed market adjustment to the quota allocation; (

b) the proposed marketing period for the proposed market adjustment, including the beginning and end date of the marketing period; (

c) details of the exceptional circumstances upon which the request is based. Redistributing producer’s unused licensed quantity of chicken 24

(1) If the licensed quantity of chicken for a producer licence is limited by the producer’s maximum barn capacity, the difference between the licensed quantity of chicken and the producer’s maximum barn capacity must be redistributed to eligible producers by special licence based on the eligible producer’s share of the total base quota registered by the Commodity Board.

(2) A producer who has a cumulative total of more than 100 000 kg live weight of chicken redistributed under subsection (1) during a base quota period must acquire additional facilities no later than the end of the next six 8-week marketing periods.

(3) A producer who does not comply with subsection (2) is not eligible for any adjustment under

Section 22 until additional facilities are acquired. © NS Office of the Registrar of Regulations. Web version. 341

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Part II - Regulations Vol. 44, No. 19 Underproduction by producer 25

(1) A producer licensee who markets less than 96% of the total licensed quantity of chicken among all licences held by that producer is considered to be under producing during the applicable time period: (

a) for a producer with an 8-week licence, a base quota period; (

b) for a producer with a 7-week licence, a period covering (

i) eight 7-week marketing periods beginning with A7-0001, or (ii) any 8 consecutive 7-week marketing periods after the period referred to in subclause (i).

(2) A producer who is under producing, as described in subsection (1), must appear before the Commodity Board to explain why less chicken was marketed than licensed for.

(3) If the Commodity Board is not satisfied with the explanation given by the producer under subsection (2), the Commodity Board may do either of the following: (

a) refuse to issue a licence, in whole or in part, for future marketing or licensing periods; (

b) refer the matter to the Council for a decision on suspending or revoking their licence under

Section 10 of the Act. Overmarketing assessment levy 26

(1) Except as provided in subsection (4), if a producer markets more kilograms live weight of chicken during an overmarketing assessment period than their total licensed quantity of chicken for the period, the producer must pay the following overmarketing assessment levy to the Commodity Board: (a) $0.44 for every kilogram live weight of chicken marketed that is over 102% and up to and including 104% of their total licensed quantity of chicken for the period; (b) $0.88 for every kilogram live weight of chicken marketed that is over 104% of their total licensed quantity of chicken for the period.

(2) The Commodity Board must send written notice of the amount of any overmarketing assessment levy due under subsection (1) to the producer.

(3) A person required to pay an overmarketing assessment levy under subsection (1) must send the payment to the Commodity Board no later than 30 days after the date that the written notice under subsection (2) was received.

(4) A producer is not required to pay all or part of an overmarketing assessment levy if the Commodity Board determines that there are extenuating circumstances for the excess marketed. Production and marketing agreement 27

(1) Before each marketing period, any producer intending to produce chicken under a producer licence during the marketing period and a processor for the chicken must enter into a production and marketing agreement for the marketing period.

(2) A production and marketing agreement must be in the form approved by the Commodity Board and must specify all of the following: © NS Office of the Registrar of Regulations. Web version. 342

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a) the number of chickens to be produced by the producer; (

b) the target average weight for each chicken at marketing; (

c) the scheduled processing week for the chickens; (

d) the marketing period covered by the agreement. Maximum kilograms of live weight chicken for marketing period 28

(1) The kilograms of live weight chicken that may be produced and marketed under a production and marketing agreement during a marketing period are determined by the following formula: LC > (NC - EM) × TW in which LC = licensed quantity of chicken for the producer licence plus any additional chicken produced under a special licence for the marketing period NC = the number of chickens to be produced by the producer during the marketing period EM = the expected mortality, expressed in number of chickens TW = the target average weight at marketing.

(2) A producer and processor must not enter into a production and marketing agreement for greater than the maximum kilograms permitted by subsection (1). Facilities requirements 29

(1) Except as provided under this Section, all chicken produced by a producer licensee, including chicken produced under a special licence, must be produced in facilities owned by the producer and registered with the Commodity Board under

Section 30.

(2) To produce chicken in facilities owned by another person, a producer must submit an application to the Commodity Board, in a form approved by the Commodity Board, for approval to produce chicken in leased facilities.

(3) The Commodity Board may approve an application to produce chicken in leased facilities submitted under subsection (2) if all of the following requirements are met: (

a) the applicant and the owner have signed a written agreement, in a form approved by the Commodity Board, that permits the applicant to produce chicken in the leased facilities for the marketing period of the applicant’s producer licence or special licence; (

b) there is a clearly segregated and definable space allocated to the applicant in the leased facilities that permits chick placement and marketings to be accurately reported; (

c) the applicant has agreed to do the following to confirm that the requirement in clause (

b) is being met: (

i) provide photographic evidence to the Commodity Board, or © NS Office of the Registrar of Regulations. Web version. 343

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Part II - Regulations Vol. 44, No. 19 (ii) allow a designated representative of the Commodity Board to inspect the leased facilities; (

d) the lease agreement for the leased facilities is for (

i) at least 1 full marketing period, and (ii) no more than 12 marketing periods; (

e) the leased facilities are registered with the Commodity Board under

Section 30. Registering facilities 30

(1) The owner of any facility used by a producer licensee in the production of chicken in the regulated area must register their facilities with the Commodity Board.

(2) A specialty producer licensee is not required to register their facilities under this Section.

(3) All of the following information must be provided to the Commodity Board to register facilities: (

a) name and address of each owner of the facilities; (

b) the civic address of the facilities; (

c) GPS coordinates for the facilities; (

d) interior measurements of all buildings that are part of the facilities; (

e) the usable production floor space of each building, expressed in square metres. Examining buildings registered as facilities 31

(1) After giving reasonable notice, the Commodity Board may examine any buildings in which chicken will be produced for the purpose of collecting the information required for registering them as facilities under

Section 30.

(2) A producer must allow a representative of the Commodity Board to enter the producer’s owned or leased facilities for any of the following purposes: (

a) to conduct an examination under subsection (1); (

b) for leased facilities, to ensure that there continues to be a clearly segregated and definable space as required by clause 29(3)(b). Maximum barn capacity 32

(1) The Commodity Board must determine a producer licensee’s maximum barn capacity under a producer or special licence using the following formula: MBC = 31 kg × RS in which MBC = maximum barn capacity RS = registered space in square metres-registered under clause 30(3)(e), whether owned or leased, © NS Office of the Registrar of Regulations. Web version. 344

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Part II - Regulations Vol. 44, No. 19 as recorded with the Commodity Board at the time of issuing the licence.

(2) Despite

Section 21 and subject to the maximum in subsection (3), a producer may market more kilograms live weight of chicken in a marketing period than their maximum barn capacity if the producer and the processor specify their agreement to exceed the maximum barn capacity in the production and marketing agreement filed with the Commodity Board for that marketing period.

(3) A producer who markets more than 38 kg live weight of chicken per square metre of registered space in a marketing period exceeds housing density requirements under the Animal Care Program as defined in the Animal Care Program and On-Farm Food Safety Assurance Program Regulations made under the Act and is subject to the consequences of failure to meet program requirements under subsection 6(2) of those regulations. When chicken marketed 33

(1) A person is deemed to have marketed a chicken when any of the following occurs: (

a) for a producer who is also a processor, when the live chicken is removed from the producer’s facilities for the purposes of processing or marketing; (

b) in all other circumstances other than as described in clause (a), when the chicken is delivered to the plant of the processor who is paying the producer for the chicken.

(2) Despite clause (1)(b), if chicken is delivered to a plant and not subsequently resold in any form for human consumption because it is condemned by inspectors acting under the Health of Animals Act (Canada) or the Meat Inspection Act as unsuitable for resale, (

a) the condemned chicken is not considered to be marketed; and (

b) a producer licence fee under

Section 17 is not required to be paid to the Commodity Board for the condemned chicken. Vendor licences 34

(1) The Commodity Board may issue a vendor licence at any time.

(2) A vendor licence expires on December 31 of the calendar year in which it is issued.

(3) Each vendor of chicks intended to be used for meat production in the regulated area must apply for a vendor licence and be registered as a vendor by the Commodity Board.

(4) A licensed vendor must pay to the Commodity Board a licence fee of $0.10 for each chick sold to any person in the regulated area who does not hold a licence issued by the Commodity Board. Special licences 35 The Commodity Board may issue a special licence to a producer licensee or licensed processor for any marketing period for any of the following: (

a) production requested by a processor for market development fulfillment under

Section 88; (

b) redistribution of any excess kilograms live weight of chicken determined under subsection 43(2); (

c) allotment of any portion of the quota allocation established for specialty production under

Section 41 that is not issued through a specialty licence; © NS Office of the Registrar of Regulations. Web version. 345

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d) any other circumstance that requires licensing of kilograms live weight of chicken from the quota allocation not otherwise licensed. Specialty Production and Licences Specialty licence 36

(1) A specialty licence must include all of the following information: (

a) the producer’s name; (

b) the licensing period; (

c) the number of chickens authorized to be produced under the licence; (

d) the type of specialty chicken to be produced; (

e) the address of the production facility authorized by the Commodity Board to produce the specialty chicken.

(2) The Commodity Board must determine the number of chickens authorized to be produced under a specialty licence.

(3) In determining the number of chickens under subsection (2), the Commodity Board must take all of the following into consideration: (

a) the amount requested in the licence application under

Section 12; (

b) the maximum kilograms live weight of chicken available for allotment by specialty licence under

Section 41; (

c) the maximum number of chickens that may be authorized to be produced under a specialty licence under

Section 44. Specialty chicken labelling requirement 37

(1) Specialty chicken must be clearly identified using a specialty chicken label to indicate that the chicken is specialty chicken produced under the authority of the Commodity Board.

(2) Specialty chicken labels under subsection (1) must include the Nova Scotia Licensed Free Range Chicken Logo and must be either purchased from the Commodity Board or approved by the Commodity Board in accordance with subsection (3).

(3) A specialty producer licensee may apply to the Commodity Board for approval of a licence holder-generated specialty chicken identification label by submitting the proposed identification label with their application for a specialty licence. Leasing of facilities for specialty production 38

(1) A specialty producer licensee may only produce specialty chicken in facilities owned by the specialty producer licensee except as authorized under this Section.

(2) A specialty producer licensee may apply to produce specialty chicken in facilities leased by the specialty licence holder. © NS Office of the Registrar of Regulations. Web version. 346

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(3) An application to the Commodity Board to produce specialty chicken in a leased facility must include all of the following: (

a) a copy of the written permission from the owner of the facilities for the specialty producer licensee to produce specialty chicken in the facilities; (

b) written confirmation that the specialty producer licensee currently lives on the land in question, or has a plan satisfactory to the Commodity Board for attending to the chickens; (

c) written confirmation that only one licensed producer will be using the facilities. Renewal of specialty licence 39

(1) A specialty producer licensee who is in compliance with these regulations may make a request to the Commodity Board to renew their specialty licence, instead of re-applying under

Section 12.

(2) The Commodity Board must renew a specialty licence if the conditions in subsection (1) are met.

(3) A request to renew a specialty licence under subsection (1) must be made in a form approved by the Commodity Board. Specialty Production Committee 40 The Commodity Board must establish a Specialty Production Committee made up of all of the following: (a) 2 members appointed by the Commodity Board; (b) 2 members appointed by the Specialty Poultry Growers Association of Nova Scotia. Specialty production allotment established for licensing period 41

(1) The Specialty Production Committee must recommend to the Commodity Board the number of kilograms live weight of chicken to be allotted for specialty production in each licensing period.

(2) After considering the recommendations received under subsection (1), the Commodity Board must establish the number of kilograms live weight of chicken to be allotted for specialty production in each licensing period. Distribution of specialty production allotment 42

(1) The number of kilograms live weight of chicken to be allotted for specialty production in a licensing period established by the Commodity Board under subsection 41(2) must be fully distributed to applicants for specialty licences as follows: (

a) first, to specialty producer licensees who held a specialty licence in the preceding licensing period and whose renewal requests were received by the Commodity Board on or before January 15, on a pro rata basis based on the licensee’s share of the total renewal requests received by January 15, up to an amount equal to the licensee’s licensed production in the preceding licensing period; (

b) second, to specialty producer licensees who have received a specialty production allotment under clause (

a) and who have requested an increase, on a pro rata basis, based on the licensee’s share of the total increases requested; (

c) third, to specialty producer licensees who held a specialty licence in the preceding licensing period, who applied after January 15 but on or before February 15, on a first-come, first-serve[d] basis; © NS Office of the Registrar of Regulations. Web version. 347

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d) fourth, to first-time specialty licence applicants who have applied to the Commodity Board on or before February 15, on a first-come, first-serve[d] basis; (

e) fifth, to specialty producer licensees who held a specialty licence in the preceding licensing period, and first-time applicants who have applied to the Commodity Board after February 15 and on or before June 1, on a first-come, first-serve[d] basis.

(2) The Commodity Board will only consider applications to increase, decrease or cancel specialty licences approved for the current licensing period between April 1 and July 1. Review of specialty production allotment 43

(1) After June 1 of each year, the Specialty Production Committee must review the number of kilograms live weight of chicken authorized to be produced under specialty licences for the current licensing period.

(2) If the review under subsection (1) determines that the kilograms live weight of chicken licensed for the current licensing period is less than the specialty production allotment established under

Section 37, the Commodity Board may make adjustments before producer licences are issued for the last marketing period during which specialty production will take place in the licensing period in the following manner until the excess specialty production allotment is completely allocated: (

a) first, any producers with specialty licences who have applied for, and are eligible for, an increase of more than 1000 chickens under their licence, but who have not yet received that increase, must be offered the opportunity to increase their licence by a maximum of 1000 chickens; (

b) second, if any chickens remain unassigned to a specialty producer licence, producers with specialty licences other than those under clause (

a) must be offered an opportunity to increase their licence by a maximum of 1000 chickens, except for the following producers: (

i) a producer whose production is restricted under

Section 47 as a result of underproduction, (ii) a producer who is already licensed to produce the maximum number of chickens that may be produced under a specialty licence under subsection 44(2); (

c) third, despite subsection 44(2), producers with specialty licences who are already licensed to produce the maximum number of chickens that may be produced under a specialty licence under subsection 44(2) must be offered an opportunity to request up to an additional 500 chickens; (

d) fourth, any remaining allotment must be allocated by special licence to eligible registered quota holders. Maximum number of chickens for specialty licence 44

(1) After consulting with the Specialty Production Committee, the Commodity Board must establish the maximum number of chickens that may be produced under a specialty licence.

(2) In accordance with subsection (1), the maximum number of chickens established by the Board that may be produced under a specialty licence in a licensing period is 11 000 chickens. © NS Office of the Registrar of Regulations. Web version. 348

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(3) Despite subsections (1) and (2), for a first-time applicant for a specialty licence, the maximum number of chickens in subsection 44(2) that may be produced under the licence in the licensing period is 1000 chickens.

(4) The maximum increase to a specialty licence from one licensing period to the next is 1000 chickens. Specialty licence fees 45 Before a specialty licence is issued by the Commodity Board, the applicant must pay all of the following fees to the Commodity Board: (

a) a licensing fee of $0.09 per chicken applied for, plus any applicable taxes; (

b) a non-refundable licence application fee of $25; (

c) a fee covering the cost of any specialty labels issued by the Commodity Board. Facilities inspection for specialty licence 46

(1) The Commodity Board may visit, examine, measure and photograph a producer’s facilities at any time to ensure that they meet the requirements that apply to the type of specialty chicken the producer is licensed to produce.

(2) The Commodity Board must conduct an inspection of the facilities of a first-time applicant for a specialty licence before July 1. Underproduction of specialty producer licensee 47 If a specialty producer licensee markets less than 92% of the chicken that they are authorized to produce under their specialty licence during a licensing period, then they are eligible for only their actual amount produced plus 10% as the maximum amount that may be produced under a licence in the following licensing period. Overmarketing assessment levy under specialty licence 48

(1) A specialty producer licensee who markets more chicken for a licensing period than is authorized by their specialty licence must pay the following overmarketing assessment levy to the Commodity Board: (a) $1.40 for every chicken marketed that is over 102% and up to and including 104% of the total number of chickens authorized to be produced under the licence; and (b) $2.80 for every chicken marketed that is over 104% of the total number of chickens authorized to be produced under the licence.

(2) The Commodity Board must send written notice of the amount of any overmarketing assessment levy due under subsection (1) to the specialty producer licensee.

(3) A person required to pay an overmarketing assessment levy under subsection (1) must send the payment to the Commodity Board no later than 30 days after the date that the written notice under subsection (2) was received. Extenuating circumstances 49

(1) A specialty producer licensee’s eligibility for the number of chickens to be produced under a specialty licence is not reduced under

Section 47 if the Commodity Board determines that there are extenuating circumstances for the underproduction. © NS Office of the Registrar of Regulations. Web version. 349

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(2) A specialty producer licensee is not required to pay all or part of an overmarketing assessment levy under

Section 48 if the Commodity Board determines that there are extenuating circumstances for the excess marketed.

(3) A specialty producer licensee claiming that extenuating circumstances led to the overproduction or underproduction of chicken during a licensing period must provide a detailed explanation to the Commodity Board outlining the circumstances that led to the overproduction or underproduction.

(4) The detailed explanation under subsection (3) must be received by the Commodity Board no later than 14 days after the producer receives the written notice specifying the utilization calculation for that licensing period. Non-compliance with specialty chicken definition 50 A person must not sell or market specialty chicken for human consumption unless the chicken meets the definition of specialty chicken. Production of specialty chicken by holder of producer licence 51

(1) Except as provided in subsection (2), a person is not eligible to hold a producer licence and a specialty licence at the same time.

(2) A producer may produce specialty chicken under their producer licence if they meet all of the following conditions: (

a) they produce all or a portion of their licensed quantity of chicken as specialty chicken; (

b) they report the kilograms live weight of chicken marketed as specialty chicken to the Commodity Board in the marketing period for which they were licensed; (

c) they pay the fee as stipulated in clause 45(

a) for all chicken marketed as specialty chicken; (

d) they comply with all specialty requirements for chicken marketed as specialty chicken, including the labelling requirements in

Section 37. Transferring specialty licence 52

(1) Subject to subsection (2), the Commodity Board may approve a transfer of a specialty licence if the transfer meets either of the following criteria: (

a) it is part of a sale of a complete farm business; (

b) it is done for the purposes of succession planning.

(2) The Commodity Board may approve a transfer of a specialty licence under subsection (1) only if the specialty licence proposed to be transferred was issued in the farm business name.

(3) A specialty licence transferred under subsection (1) must continue to be produced in the original production facility location for a period of 12 months after the transfer.

(4) If a specialty licence is transferred in accordance with this Section, the transferee is not considered a first-time applicant. 53 Chicken processed in the regulated area must be processed by (

a) a federally-inspected processor; © NS Office of the Registrar of Regulations. Web version. 350

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b) a provincially-inspected processor. 54 A person licensed by the Commodity Board may only purchase chicks from (

a) a federally-inspected hatchery; (

b) a licensed vendor.

Part IV - Records and Reporting Licensee required to maintain records 55 A licence holder must maintain complete and accurate records relating to their production, marketing, processing and hatching of chicken. Requirement to give information 56

(1) If requested in writing by the Commodity Board, a licence holder must provide any information relating to their production, marketing, processing, or hatching of chicken to the following: (

a) the Commodity Board; (

b) any agent of the Commodity Board authorized for that purpose.

(2) The information provided under subsection (1) must be in the appropriate forms as referred to in this Part. Forms approved by the Commodity Board 57 Any report, form or certificate required to be provided to the Commodity Board under this Part must be in a form approved by the Commodity Board. Processor reports 58

(1) A federally-inspected processor must send the Commodity Board a properly completed processor marketing report in relation to all chicken processed by the processor during the previous week no later than 3 business days after the end of each week.

(2) A provincially-inspected processor must send the Commodity Board a properly completed processor marketing report in relation to all chicken processed by the processor during the previous month no later than 10 business days after the end of each month. Specialty licence holder reports 59 A specialty producer licensee must send the Commodity Board a properly completed specialty chicken production report no later than 10 days after the shipment of each flock.

Return recap form 60 A producer licence holder must send a properly completed return recap form to the Commodity Board in relation to all chicken marketed by the producer no later than 21 days after marketing the chicken. Hatchery report 61

(1) A hatchery operator must send the Commodity Board a properly completed hatchery report no later than 10 days after the end of each month.

(2) A hatchery report under subsection (1) must include all of the following information for all chicks delivered within the regulated area: © NS Office of the Registrar of Regulations. Web version. 351

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a) the number and variety of chicks delivered to each person; (

b) the name and address of each person chicks were delivered to. Vendor report 62

(1) A vendor licence holder who sells chicks to any person must send the Commodity Board a completed vendor report no later than 10 days after the end of each month.

(2) A vendor report under subsection (1) must include all of the following information: (

a) the vendor’s name and address; (

b) the quantity of chicks sold or delivered in the reporting period to each person; (

c) the name and address of each person chicks were sold or delivered to in the reporting period. Certificate of interest in base quota 63

(1) At least once every 36 months, a person who has been issued base quota must submit a certificate of interest in base quota to the Commodity Board that identifies all of the following: (

a) each person who has an interest in the base quota as of March 1 of the calendar year in which the certificate is provided; (

b) all persons who are associated with each person identified under clause (a); (

c) any creditors with a security interest in an interest in base quota held by any person identified under clause (a).

(2) At any time, the Commodity Board may require a person who has been issued base quota to submit a certificate of interest in base quota in accordance with subsection (1) to the Commodity Board no later than 30 days after receiving notice of the requirement.

(3) If a natural person who has been issued base quota or has an interest in base quota dies, that person’s executor, administrator or other authorized representative must submit an application for transfer of base quota pursuant to subsection 9A(3) no later than 120 days after the person’s death. Commodity Board required to provide form or report 64 The Commodity Board must, upon written request, provide a copy of any form or report to be completed under these regulations. Failure to provide report, agreement, certificate or form 65 If a licence holder or applicant fails to provide any completed report, agreement, certificate or form required by these regulations, the Commodity Board may (

a) refuse to issue a licence, in whole or in part; or (

b) refer the matter to the Council for a decision on suspending or revoking the licence holder’s licence under

Section 10 of the Act.

Part V - Pricing Base price 66

(1) The Price Negotiating Committee must immediately send the Executive Director of the Commodity © NS Office of the Registrar of Regulations. Web version. 352

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a) recommended as the base price under clause 8(1)(

b) of the Plan; or (

b) established as the base price by final offer arbitration under

Part VII.

(2) The Executive Director of the Commodity Board must do all of the following on receiving the base price under subsection (1): (

a) publish the base price; (

b) distribute the base price as soon as practicable to each producer and processor.

(3) The base price includes all costs incurred in catching chickens at the facilities of a producer. Premium added to base price 67

(1) In addition to the base price, the Commodity Board may, by motion, determine a premium per kilogram of live weight of chicken to be paid by a processor to a producer.

(2) The premium paid to a producer by a processor must be based on the average kilograms live weight of chicken contained in each individual truckload shipped by the producer to the processor. Condemned chicken 68 A processor purchasing chickens must pay for all chickens received at the facilities of a producer except for chickens that are condemned at the processing plant by inspectors acting under the Health of Animals Act (Canada) or the Meat Inspection Act because of reasons of disease or emaciation.

Bruised chicken 69 A processor must not seek compensation from a producer for bruised chicken parts or wholly bruised chickens received from the producer. Requirement to pay base price 70 Unless authorized by the Commodity Board in writing, a producer must not sell or offer to sell, and a processor must not buy, chicken at a price less than the base price.

Part VI - Appeals Right and request to appeal to Council 71

(1) An interested person or class of persons affected by a decision of the Commodity Board has the right to appeal to the Council a decision on any of the following: (

a) cancellation of a licence; (

b) refusal to issue a licence; (

c) refusal to approve a quota transfer; (

d) cancellation of base quota; (

e) refusal to issue quota allocation.

(2) Upon request, Council must hear an appeal of a decision listed in subsection (1). © NS Office of the Registrar of Regulations. Web version. 353

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(3) An interested person or class of persons affected by a decision of the Commodity Board has the right to appeal to Council for decisions other than those specified in subsection (1) and upon request Council may, in its discretion, determine whether to hear the appeal. Reconsideration of decision by Commodity Board 72

(1) Before requesting an appeal under

Section 71, an interested person or class of persons affected by a decision must first make a formal request to the Commodity Board to reconsider its decision.

(2) A request under subsection (1) must be submitted in writing to the Executive Director of the Commodity Board no later than 30 days after the decision that is the subject of the request was made. Request to appeal to Council 73 A request for appeal under

Section 71 must be submitted in writing to the Council no later than 30 days after the date the reconsidered decision was made by the Commodity Board under

Section 72. Requirements for reconsideration by Commodity Board or appeal to Council 74

(1) A request for a reconsideration of a decision under

Section 72 must set out, concisely and completely, all of the reasons for the reconsideration or appeal, including all of the following: (

a) the specific act or omission of the Commodity Board; (

b) the date of the act or omission of the Commodity Board; (

c) the grounds for the request for reconsideration or appeal; (

d) the grounds that the appellant has for believing that they have a sufficient personal interest in the subject matter of the reconsideration or appeal.

(2) A request for an appeal to the Council under

Section 73 must be made in the form and manner required by Council.

Part VII - Final Offer Arbitration Procedure No recommended base price 75 If the Price Negotiating Committee fails to agree on a base price to recommend to the Commodity Board, as provided for in clause 8(1)(

b) of the Plan, a final offer arbitration hearing must be held. Parties to final offer arbitration hearing 76 The Commodity Board and each federally-inspected processor are the parties to a final offer arbitration hearing. Setting time and place of hearing 77

(1) The Executive Director of the Commodity Board must send a written meeting notice to the parties by e-mail that includes the date and time for the final offer arbitration hearing.

(2) The date set for a final offer arbitration hearing must be no later than the Thursday immediately after the beginning of a marketing period.

(3) A final offer arbitration hearing takes place at the office of the Commodity Board, unless the parties and the arbitrator agree on another location. © NS Office of the Registrar of Regulations. Web version. 354

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Part II - Regulations Vol. 44, No. 19 Approved list of arbitrators 78

(1) The Commodity Board must maintain a list of at least 3 arbitrators that is agreed to by each party and must update the list at least annually.

(2) By April 30 of each year, the Commodity Board must send all of the following by e-mail to each federally-inspected processor: (

a) the current approved list of arbitrators; (

b) the Commodity Board’s recommendations for any names to be added to, or deleted from, the current approved list of arbitrators; (

c) a request that the federally-inspected processors make further recommendations for any names to be added to, or deleted from, the current approved list of arbitrators.

(3) Each federally-inspected processor must respond to the recommendations and request sent under subsection (2) by providing all of the following to the Commodity Board by e-mail on or before May 31 of each year: (

a) their approval or disapproval of the Commodity Board’s recommendations under clause (2)(b); (

b) their recommendations under clause (2)(

c) regarding any names to be added to, or deleted from, the current approved list of arbitrators.

(4) Despite subsection (1), if the Commodity Board and federally-inspected processors are unable to agree on a list of arbitrators by June 30 of any year, (

a) the Commodity Board must notify Council as soon as possible that an agreement has not been reached; and (

b) after receiving notification under clause (a), the Council must provide a list of at least 3 arbitrators to the Commodity Board and each federally-inspected processor.

(5) A list provided by the Council under clause (4)(

b) is deemed to be the approved list of arbitrators and remains in effect until the Commodity Board and federally-inspected processors agree on an approved list. Appointment of arbitrator 79

(1) The Commodity Board must appoint an arbitrator from the approved list of arbitrators at least 5 days before the date set for the final offer arbitration hearing.

(2) The Commodity Board must appoint arbitrators in the order in which their names appear in the list, on a rotational basis, subject to their availability. Representation at hearing 80

(1) Each party to a final offer arbitration hearing may be represented by counsel or 1 or more agents.

(2) Except with the consent of the arbitrator, no more than 3 officers or directors of a party may be present during a final offer arbitration hearing.

(3) Any of the officers or directors present during a final offer arbitration hearing may speak on behalf of the party that they represent. © NS Office of the Registrar of Regulations. Web version. 355

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(1) At the beginning of a final offer arbitration hearing, each party must provide (a) 1 copy of their written submission specifying their final offer regarding price and outlining the facts supporting the final offer to the arbitrator; and (b) 2 copies of the written submission referred to in clause (

a) to each other party.

(2) A party must not remove any written submission from the place of the final offer arbitration hearing until each party has made representations to the arbitrator with respect to their written submissions. Conducting final offer arbitration hearing 82

(1) An arbitrator may conduct a final offer arbitration hearing in accordance with these regulations in any manner the arbitrator considers appropriate, as long as each party is treated fairly and given full opportunity to present their case.

(2) Except as agreed to by all parties and the arbitrator, a final offer arbitration hearing must begin with oral presentations by each party during which only the arbitrator may ask questions.

(3) Except as agreed to by all parties and the arbitrator, there must be a break in the hearing after the parties have made oral representations, for a duration determined by the arbitrator, to permit the parties and the arbitrator to review the written submissions and oral representations.

(4) Following the break referred to in subsection (3), each party has the right to cross-examine each representative of each other party on their written submissions and oral representations made.

(5) A person must not, at any time, convey any information to the arbitrator except as part of the final offer arbitration hearing and in the presence of all parties to the arbitration.

(6) An arbitrator must not meet separately with any party or receive information from a party without full disclosure of the information to the other parties. Confidentiality 83

(1) A final offer arbitration hearing must be held in private.

(2) All documents relevant to a final offer arbitration hearing, including the written decision of the arbitrator, must be kept confidential by the arbitrator and the parties and must not be disclosed to any other person, except with the written consent of all parties. Evidence at hearing 84

(1) Each party must provide a statement of facts and relevant documents in support of its position.

(2) An arbitrator is the judge of the relevancy and materiality of the evidence offered in a final offer arbitration hearing and is not required to apply the legal rules of evidence. Examination of parties 85 Subject to subsection 82(6), an arbitrator may order a party, or their representative, to submit to examination by the arbitrator under oath or affirmation and to submit all documents that the arbitrator requires. Decision of arbitrator 86

(1) An arbitrator must select 1 of the parties’ final offers as set out in the party’s written submission as the base price for the purpose of subsection 66(1). © NS Office of the Registrar of Regulations. Web version. 356

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(2) An arbitrator must provide all of the following to all parties to a final offer arbitration hearing: (

a) an oral decision, no later than 24 hours after the conclusion of the hearing; (

b) a written decision with reasons, no later than 7 days after the conclusion of the hearing.

(3) In making a decision, an arbitrator must consider only the written and oral representations made by the parties during a final offer arbitration hearing.

(4) An arbitrator’s decision is final and binding upon the parties. Arbitrator’s fees 87 An arbitrator’s fees for conducting a final offer arbitration hearing must be paid by the Commodity Board.

Part VIII - Market Development Request by processor for market development production 88 A processor requesting market development production must (

a) have completed a Market Development Commitment Form and have the form approved by Chicken Farmers of Canada; and (

b) include the market development production on a production and marketing agreement entered into under

Section 27. Eligibility for special licence for market development 89 A producer licensee is eligible to be issued a special licence for market development for a marketing period if their maximum barn capacity is sufficient to accommodate production under both their producer licence and a special licence for market development within 1 marketing period. Eligibility to receive market development regulated chicken 90 A processor is eligible to receive market development chicken for processing if the processor holds a valid market development licence issued by the Chicken Farmers of Canada.

Total market development production permitted 91 Total market development production for a marketing period must not exceed 16% of the quota allocation for the marketing period. Calculation of market development production utilization 92 A producer licensee who holds a special licence for market development production will have their production attributed to their licences as follows: (

a) first, their production will be attributed to their special licence for market development; (

b) second, subject to Sections 25 and 26, all remaining production by the producer for that marketing period will be attributed to the producer’s producer licence. Market development fee 93

(1) A processor requesting market development chicken for processing must establish a market development fee for each 8-week marketing period, expressed as a dollar amount per live kilogram of market development production. © NS Office of the Registrar of Regulations. Web version. 357

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(2) A producer providing market development regulated chicken to a processor for processing must pay the market development fee to the processor for each 8-week marketing period.

(3) A processor must communicate the market development fee for an 8-week marketing period under subsection (1) to the Commodity Board at least 2 marketing periods before the marketing period of production. Marketing and marketing development production and payment 94 Marketing of market development production and payment for that production by the requesting processor is subject to all of the following provisions respecting payment of fees: (

a) Section 17, respecting producer licence fees; (

b) Section 18, respecting deduction of producer licence fees; (c) subsection 33(2) and

Section 68, respecting condemned chicken. N.S. Reg. 110/2020 Made: August 27, 2020 Filed: August 28, 2020 Prescribed Petroleum Products Prices Order dated August 27, 2020 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 M09833 In the matter of the Petroleum Products Pricing Act - 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: Steven M. Murphy, MBA, P.Eng., 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; © NS Office of the Registrar of Regulations. Web version. 358

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whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the period ended August 26, 2020, are: Grade 1 Regular gasoline 46.25¢ per litre Ultra-low-sulfur diesel oil 42.73¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 46.25¢ per litre Grade 2 49.25¢ per litre Grade 3 52.25¢ per litre Ultra-low-sulfur diesel oil 42.73¢ 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: plus 0.90¢ per litre Ultra-low-sulfur diesel oil: minus 0.40¢ per litre 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., August 28, 2020. Dated at Halifax, Nova Scotia, this 27th day of August, 2020. sgd. Crystal Henwood 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 August 28, 2020 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Full-Service Pump Prices 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 55.60 Mid-Grade Unleaded 58.60 Premium Unleaded 61.60 Ultra-Low-Sulfur Diesel 51.10 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 81.10 84.10 87.10 70.50 99.1 101.3 102.6 104.8 106.0 108.2 86.9 89.1 99.1 999.9 102.6 999.9 106.0 999.9 86.9 999.9 Zone 2 Regular Unleaded 56.10 Mid-Grade Unleaded 59.10 Premium Unleaded 62.10 Ultra-Low-Sulfur Diesel 51.60 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 81.60 84.60 87.60 71.00 99.7 101.9 103.2 105.3 106.6 108.8 87.5 89.7 99.7 999.9 103.2 999.9 106.6 999.9 87.5 999.9 © NS Office of the Registrar of Regulations.

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Part II - Regulations Vol. 44, No. 19 Zone 3 Regular Unleaded 56.50 10.0 15.5 82.00 100.2 102.4 100.2 999.9 Mid-Grade Unleaded 59.50 10.0 15.5 85.00 103.6 105.8 103.6 999.9 Premium Unleaded 62.50 10.0 15.5 88.00 107.1 109.3 107.1 999.9 Ultra-Low-Sulfur Diesel 52.00 4.0 15.4 71.40 88.0 90.2 88.0 999.9 Zone 4 Regular Unleaded 56.60 10.0 15.5 82.10 100.3 102.5 100.3 999.9 Mid-Grade Unleaded 59.60 10.0 15.5 85.10 103.7 105.9 103.7 999.9 Premium Unleaded 62.60 10.0 15.5 88.10 107.2 109.4 107.2 999.9 Ultra-Low-Sulfur Diesel 52.10 4.0 15.4 71.50 88.1 90.3 88.1 999.9 Zone 5 Regular Unleaded 56.60 10.0 15.5 82.10 100.3 102.5 100.3 999.9 Mid-Grade Unleaded 59.60 10.0 15.5 85.10 103.7 105.9 103.7 999.9 Premium Unleaded 62.60 10.0 15.5 88.10 107.2 109.4 107.2 999.9 Ultra-Low-Sulfur Diesel 52.10 4.0 15.4 71.50 88.1 90.3 88.1 999.9 Zone 6 Regular Unleaded 57.30 10.0 15.5 82.80 101.1 103.3 101.1 999.9 Mid-Grade Unleaded 60.30 10.0 15.5 85.80 104.5 106.7 104.5 999.9 Premium Unleaded 63.30 10.0 15.5 88.80 108.0 110.2 108.0 999.9 Ultra-Low-Sulfur Diesel 52.80 4.0 15.4 72.20 88.9 91.1 88.9 999.9 © NS Office of the Registrar of Regulations.

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