Scotia Regulations (N.S. Reg. 109/2020) (just regulations regs npchickf.htm)

N.S. Reg. 109/2020

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

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

Part II .

Regulations are amended frequently.

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

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

Chicken Farmers of Nova Scotia Regulations

made under

Section 9 of the

Natural Products Act

R.S.N.S. 1989, c. 308

N.S. Reg. 109/2020 (effective September 1, 2020)

amended to N.S. Reg. 38/2026 (effective March 8, 2026)

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

Click here to go to the text of the regulations .

Short title

Part 1 -

Interpretation

Written notice

Part II - Base Quota

Requirement to hold base quota

Total production allotted

Associated producers

Minimum base quota

Maximum base quota

Interest in base quota

Commodity Board approval of application to transfer base quota

When application for transfer of base quota not approved

Applying for registration as Eligible New Farmer

New Producer Quota Fund

Production Loans

Adjusting base quota after base quota period

Impact of transfer on base quota adjustment

Impact of maximum and minimum base quota on base quota adjustment

Cancelling base quota or adjustment to base quota

Transition

Part III - Licensing, Fees and Production

Requirement to hold licence

Personal consumption exemption from licensing requirement

Types of licences

Violation of Act or regulations by licence holder

Licence holder rights

Licences not transferable

Producer Licences

Producer licences

Producer licence fees

Deduction and payment of producer licence fees by processor

Effective date of producer licence

Transferring producer licence

Basis for licensed quantity of chicken

Adjustment to licensed quantity of chicken

Market adjustment in exceptional circumstances

Redistributing producer’s unused licensed quantity of chicken

Under or over production by producer

Overmarketing assessment levy

Production and marketing agreement

Maximum kilograms of live weight chicken for marketing period

Facilities requirements

Registering facilities

Examining buildings registered as facilities

Maximum barn capacity

When chicken marketed

Vendor licences

Special licences

Small Flock Production and Licences

Small flock licence

Small flock chicken labelling

Leasing of facilities for small flock production

Renewal of small flock licence

Small Flock Production Committee

Selection of small flock producers for Small Flock Production Committee

Small flock production allotment established for licensing period

Distribution of small flock production allotment

Review of small flock production allotment

Maximum number of chickens for small flock licence

Small flock licence fees

Requirement for small flock producer licensees to comply with national standards for

biosecurity and animal care

Facilities inspection for small flock licence

Underproduction of small flock producer licensee

Overmarketing assessment levy under small flock licence

Extenuating circumstances

Requirements to sell or market small flock chicken for human consumption

Production of small flock chicken by holder of producer licence

Transferring small flock licence

Part IV - Records and Reporting

Licensee required to maintain records

Requirement to give information

Forms approved by the Commodity Board

Processor reports

Small flock licence holder reports

Return recap form

Hatchery report

Vendor report

Certificate of interest in base quota

Commodity Board required to provide form or report

Failure to provide report, agreement, certificate or form

Part V - Pricing

Base price

Premium added to base price

Condemned chicken

Bruised chicken

Requirement to pay base price

Part VI - Appeals

Right and request to appeal to Council

Reconsideration of decision by Commodity Board

Request to appeal to Council

Requirements for reconsideration by Commodity Board or appeal to Council

Part VII - Final Offer Arbitration Procedure

No recommended base price

Parties to final offer arbitration hearing

Setting time and place of hearing

Approved list of arbitrators

Appointment of arbitrator

Representation at hearing

Exchange of documents

Conducting final offer arbitration hearing

Confidentiality

Evidence at hearing

Examination of parties

Decision of arbitrator

Arbitrator’s fees

Part VIII - Market Development

Request by processor for market development production

Eligibility for special licence for market development

Eligibility to receive market development regulated chicken

Total market development production permitted

Calculation of market development production utilization

Market development fee

Marketing and marketing development production and payment

Short title

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

Part 1 -

Interpretation

(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 or to the New Producer Quota Fund 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 9G, 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;

“Code of Practice for the Care and Handling of Hatching Eggs, Breeders, Chicken

and Turkeys” means the Code of Practice for the Care and Handling of Hatching

Eggs, Breeders, Chicken and Turkeys made by the National Farm Animal Care

Council, as amended from time to time;

“Eligible New Farmer” means a person whose name is entered in the register of

Eligible New Farmers kept by the Commodity Board under subsection 9D[(4)];

“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;

“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;

“initial acquisition” means the quota transfer in which the Commodity Board first

registers base quota in a producer’s name;

“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:

(

i) for a producer, special, or producer-vendor licence, the marketing

period for which it was issued,

(ii) for a vendor licence, the period from the date of issue to December

31 of the calendar year in which it was issued,

(iii) for a small flock licence, the period from April 1 to November 30 in

a calendar year;

“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 small flock 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;

“National Avian On-Farm Biosecurity Standard” means the National Avian

On-Farm Biosecurity Standard made by the Canadian Food Inspection Agency, as

amended from time to time;

“New Producer” means a person who has acquired the minimum base quota while

registered as an Eligible New Farmer, and who remains a New Producer for 30

marketing periods, including the marketing period in which the initial acquisition

was made;

“New Producer Quota Fund” means a pool of base quota, expressed in kilograms

of chicken, set aside by the Commodity Board for the purpose of issuing one or

more Production Loans under

Section 9F;

“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;

“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;

“Production Loan” means a share of the total production loaned to a New Producer

for one or more marketing periods via special licence, in accordance with

Section

9F;

“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;

“small flock chicken” means chicken produced by a small flock producer;

“Specialty Poultry Growers Association of Nova Scotia” means the registered

society for specialty poultry growers in Nova Scotia;

“small flock producer licensee” means a producer who holds a small flock

producer licence;

“Small Flock Production Committee” means the committee established under

Section 40 to provide recommendations to the Commodity Board regarding small

flock production;

“total production” means the total kilograms live weight of chicken allotted

allocated by the Commodity Board among all producers; [ sic ]

“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;

(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:

(

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

(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

(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

(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.

(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

(1) The minimum base quota that may be registered to a producer at initial acquisition

of base quota is 117,500 kg live weight.

(2) The Commodity Board may register less than the minimum base quota to a

producer if there has been an adjustment to decrease the total base quota under

subsection 9G(3).

Maximum base quota

(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

(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.

(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

(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 Category I 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 transfer of all interest in base quota such that the producer to which the

quota is registered remains the same but no person with an interest in the

base quota prior to the transfer would have an interest in the base quota after

the transfer.

(4) Each of the following is considered a Category II transfer of base quota for the

purposes of subsection (2):

(

a) any change in the shareholders or beneficial shareholders of a corporation

that has an interest in base quota except for the change described in clause

(3)(b);

(

b) any change in the partners of a partnership that has an interest in base quota

except for the change described in clause (3)(b);

(

c) any change in the income beneficiaries or capital beneficiaries of a trust that

has an interest in base quota except for a change as described in clause

(3)(b), whether the change occurred before or after the final distribution of

that trust;

(

d) any change other than those listed in clauses (

a) to (

c) 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.

(5) An application for a Category I transfer of base quota 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;

(

i) if chicken are [is] 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.

(6) An application for approval of a Category I transfer of base quota 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.

(7) An application for a Category II transfer of base quota must include all of the

following:

(

a) the name of the applicant;

(

b) a certificate as described in subsection 63(1) listing all persons who will

have an interest in the base quota after the transfer;

(

c) the signature of the applicant;

(

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

a) to (

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

(8) An application for approval of a Category II transfer of base quota must be in the

form approved by the Commodity Board and must be submitted to the Commodity

Board at least 60 days before the effective date of the transfer.

(9) 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.

(10) Nothing in these regulations affects the ability of the parties to a transfer to

with the Act, the Plan and these regulations.

Commodity Board approval of application to transfer base quota

(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 Category I transfer of base quota takes effect on the first day of the marketing

period for which the transfer is approved.

(3) A Category II transfer of base quota takes effect on the date on which it is

approved by the Commodity Board.

(4) 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;

(

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;

(

g) the proposed transfer involves quota that was transferred to a New Producer

or Eligible New Farmer within the preceding 18 marketing periods, in

accordance with subsection 9H(7).

Applying for registration as Eligible New Farmer

(1) A natural person who meets all of the following criteria may apply to the

Commodity Board at any time to be registered as an Eligible New Farmer:

(

a) the person is at least 19 years old;

(

b) the person does not have, and has never had, any interest in chicken quota

as set out in

Section [subsection] 9(1) or in any type of quota under the Act,

the Dairy Industry Act , or similar legislation in other provinces of Canada;

(

c) the person is a resident of the Province.

(2) A corporation, partnership or trust, in which all natural persons who would acquire

an interest, as set out in

Section 9, in any base quota acquired by the corporation,

partnership or trust, meet the criteria in subsection (1), may apply to the

Commodity Board to be registered as an Eligible New Farmer.

(3) An application for registration as an Eligible New Farmer must be in a form

approved by the Commodity Board.

(4) Within 30 days of receiving the application, the Commodity Board must notify an

applicant of its decision to add the applicant’s name to the register of Eligible New

Farmers.

(5) An Eligible New Farmer will remain on the register of Eligible New Farmers until

the Eligible New Farmer no longer meets the criteria set out in subsection (1) or

the Eligible New Farmer requests to be removed.

(6) Once registered on the list of Eligible New Farmers, an Eligible New Farmer may

(

a) acquire base quota, if available, in an initial acquisition that is subject to the

minimum base quota requirement in subsection 7(1) and to the Commodity

Board’s approval of a quota transfer, at which time the Eligible New Farmer

will become a New Producer;

(

b) subject to clause 9F(1)(a), apply for a Production Loan when the

Commodity Board calls for applications under subsection 9E(4).

New Producer Quota Fund

(1) At the end of each base quota period, the Commodity Board must determine each

of the following:

(

a) whether to register base quota to the New Producer Quota Fund;

(

b) whether to issue a call for applications for one or more Production Loans

from the New Producer Quota Fund, in accordance with subsection (4).

(2) The total base quota registered to the New Producer Quota Fund must not exceed

117,500 kilograms.

(3) If the Commodity Board decides to register base quota to the New Producer Quota

Fund under clause (1)(a), it must provide written notice to all producer licensees,

New Producers, and Eligible New Farmers.

(4) If the Commodity Board decides to issue a call for applications for one or more

Production Loans available under clause 1(b), the Commodity Board must provide

written notice to all producer licensees, New Producers, and Eligible New Farmers.

(5) Any Production Loan under subsection (4) will be issued on special licences for a

period of 30 marketing periods, and the base quota remains registered to the New

Producer Quota Fund for the duration of the loan.

(6) Each marketing period, any share of the total production based on base quota

registered to the New Producer Quota Fund that is not being used as a Production

Loan must be redistributed by the Commodity Board on a pro rata basis among all

producer licensees, based on each producer licensee’s share of the total base quota

registered to producers by the Commodity Board, by way of special licences in

accordance with

Section 35.

Production Loans

(1) Only the following persons are eligible to apply for a Production Loan:

(

a) Eligible New Farmers who do not have any direct or associated interest in

base quota, as defined in

Section 9; and

(

b) New Producers who do not have any direct or associated interest in base

quota, as defined in

Section 9, other than their own direct interest.

(2) Any Production Loan must

(

a) be issued as a special licence based on 58,750 live kilograms of base quota;

(

b) have no impact on any base quota registered to the recipient; and

(

c) only be loaned after the recipient becomes a New Producer, if the recipient

is an Eligible New Farmer.

(3) Applications under subsection 9E(4) must be submitted in a form approved by the

Commodity Board and must include confirmation that the applicant has acquired,

or can acquire within 12 months of the Commodity Board’s approval of their

application, the minimum base quota specified in subsection 7(1) through a quota

transfer under

Section 9A.

(4) After the Commodity Board issues a call for applications under subsection 9E(4),

the Commodity Board must appoint a panel of three independent adjudicators who

are familiar with the agricultural industry in Nova Scotia and who do not have any

interest in base quota.

(5) The independent adjudicators appointed under subsection (4) must review all

applications and recommend one or more applicants as candidates for a Production

Loan.

(6) If the number of candidates recommended by the independent adjudicators under

subsection (5) exceeds the Production Loans available, the recommended

candidates will be entered in a random draw, to be administered by the Commodity

Board, to determine one or more successful candidates.

(7) The candidate(

s) recommended by the independent adjudicators under subsection

(5) or determined by random draw under subsection (6), as the case may be, must

be approved by the Commodity Board.

(8) Any Production Loan will be issued as a special licence

(

a) if the successful candidate is a New Producer, in the first marketing period

after the Production Loan is granted;

(

b) if the successful candidate is an Eligible New Farmer, in the first marketing

period after the Eligible New Farmer becomes a New Producer, subject to

subsection (10).

(9) Any Production Loan under subsection (8) will terminate automatically 30

marketing periods after the marketing period in which the Production Loan is first

issued.

(10) The Commodity Board may cancel a Production Loan to an Eligible New Farmer

if they fail to acquire the minimum base quota required under subsection 7(1)

within 12 months of being notified that they are the successful applicant to receive

a Production Loan.

(11) The Commodity Board may cancel the Production Loan to a New Producer for any

of the following reasons:

(

a) the recipient of the Production Loan transfers any part of their base quota

while still producing licensed kilograms from the Production Loan;

(

b) the recipient of the Production Loan dies and their base quota is transferred

under

Section 9A to a beneficiary who does not meet the criteria for

registering as an Eligible New Farmer under subsection 9D(1);

(

c) the recipient of the Production Loan fails to comply with the Act, these

regulations, or any other applicable legislation.

(12) If a New Producer dies while receiving a Production Loan, the Production Loan

may be reassigned to any beneficiary to whom the loan recipient’s base quota is

transferred, provided the transferee meets the criteria for registering as an Eligible

New Farmer under subsection 9D(1).

Adjusting base quota after base quota period

(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 9H and 9I, 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 register base quota to the New

Producer Quota Fund under subsection 9E(1), the Commodity Board must

allot some or all of the amount of the increase to the New Producer Quota

Fund;

(

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 9H and 9I, 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

(1) In a Category I transfer, 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 (5), a producer who transfers all of their base quota in a

Category I transfer does not retain any part of any adjustment to base quota.

(3) A producer who transfers part of their base quota in a Category I transfer is not

eligible for increases to base quota under subsection 9G(2) if the increase results in

the producer having more base quota than they had immediately after the transfer.

(4) Subsection (3) applies 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.

(5) Subsections (1) and (2) will not apply when

(

a) 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; or

(

b) a producer transfers all of their base quota in a Category I transfer, but the

persons with interest in the base quota after the transfer are either persons

who had an interest in the quota before the transfer or are all immediate

family members of a natural person who had an interest in the quota before

the transfer.

(6) Subsection (3) does not apply when

(

a) a producer is transferring part of their base quota to a New Producer or

Eligible New Farmer, provided the producer has not done so in the last 18

marketing periods; or

(

b) a producer is transferring part of their base quota to an immediate family

member of a person who has an interest in the quota.

(7) A New Producer or Eligible New Farmer acquiring base quota under a transfer

where subsection (6) applies may not transfer their base quota for 18 marketing

periods.

(8) Effective in the first marketing period after December 1, 2024, for which licences

have not been issued, the Commodity Board will cease applying subsection (3) to a

producer if the quota transfer that resulted in subsection (3) being applied meets

the criteria in subsection (6).

Impact of maximum and minimum base quota on base quota adjustment

(1) The Commodity Board may modify the amount of an adjustment to increase base

quota apportioned to a producer under subsection 9G(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 9G(3).

(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 9H(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

9IA

(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

(1) Except as provided in subsection (2), a person must not produce or market chicken

unless the person holds a valid applicable licence.

(2) A person who produces 100 or fewer chickens on their premises in a calendar year

for personal consumption is not required to hold a licence.

Personal consumption exemption from licensing requirement

10A

(1) The Commodity Board may exempt a natural person from the requirement in

Section 10 and enable them to produce up to 200 chickens on their premise[s] in a

calendar year for personal consumption.

(2) In order to grant an exemption, the Commodity Board must be satisfied that the

applicant requires more than 100 chickens for personal consumption due to one or

more of the following reasons:

(

a) the applicant’s family size;

(

b) the applicant living communally;

(

c) dietary restrictions of the applicant or a family member of the applicant

living on the same premise[s];

(

d) other similar extenuating circumstance that the Commodity Board deems

appropriate.

(3) A natural person must apply to the Commodity Board for an exemption in writing,

in the form and manner determined by the Commodity Board.

(3A) An application must include all of the following information:

(

a) the name and civic address of the applicant;

(

b) the applicant’s mailing address, if different than civic address;

(

c) the applicant’s email address and telephone number, if any;

(

d) the reason for requesting an exemption.

(4) The Commodity Board must notify the applicant in writing of the Commodity

Board’s decision on the application.

(4A) If an exemption is granted by the Commodity Board, the written notification must

include all of the following information:

(

a) the name and address of the applicant;

(

b) the date the exemption was granted;

(

c) the calendar year for which the exemption was granted.

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)] small flock licence: authorizes a producer to produce and market small flock

chicken during a licensing period in accordance with

Section 35.

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

(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:

(

a) Section 20, for a producer licence;

(

b) Section 52, for a small flock licence;

(

c) subsection 9F(12), for a special licence for a Production Loan.

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;

(

c) the licensed quantity of chicken;

(

d) the number of weeks in the licensing period.

Producer licence fees

(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 $1.68 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

(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

(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

(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.

(3) A producer may request, and the Commodity Board may grant, a waiver to the

20% limit in subsection (1) in the event that disease, natural disaster, barn collapse,

equipment failure or similar extenuating circumstances result in the producer being

underproduced by more than 20% of their licenced [licensed] quantity of chicken

for the 2nd marketing period of the overassessment period.

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 9G, 9H, and 9I, and

(ii) any market adjustment for exceptional circumstances granted under

Section 23 for the marketing period.

Adjustment to licensed quantity of chicken

22 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

(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

(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.

Under or over production by producer

(1) A producer licensee who markets less than 96% of the total licensed quantity of

chicken among all licences held by that producer, calculated exclusive of any

licence transfers approved under

Section 20, is considered to be underproducing

during the applicable time period in subsection (3).

(2) A producer licensee who markets more than 106% of the total licensed quantity of

chicken among all licences held by that producer, calculated exclusive of any

licence transfers approved under

Section 20, is considered to be overproducing

during the applicable time period in subsection (3).

(3) The applicable time period for calculating under or over production is:

(

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).

(4) A producer who is underproducing, as described in subsection (1), or

overproducing as described in subsection (2), must explain to the Commodity

Board, in writing, why less or more chicken was marketed than was licensed for.

(5) If the Commodity Board is not satisfied with the explanation given by the producer

under subsection (4), 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

(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, calculated inclusive of any licence

transfers approved under

Section 20, 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%

and up to and including 106% of their total licensed quantity of chicken for

the period;

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

(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:

(

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

(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

(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

(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

Registering facilities

(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 small flock 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

(

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

(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

(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,

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

(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

(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 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 small flock

production under

Section 41 that is not issued through a small flock licence;

(

d) allotment of a Production Loan for a period not exceeding 30 marketing

periods;

(

e) redistribution of production associated with any base quota registered to the

New Producer Quota Fund that is not being produced through a Production

Loan under subsection 9E(6);

(

f) any other circumstance that requires licensing of kilograms live weight of

chicken from the quota allocation not otherwise licensed.

Small Flock Production and Licences

Small flock licence

(1) A small flock 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) [repealed]

(

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 small flock 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

small flock licence under

Section 41;

(

c) the maximum number of chickens that may be authorized to be produced

under a small flock licence under

Section 44.

Small flock chicken labelling

(1) Small flock chicken must be clearly identified using a “Licensed by Chicken

Farmers of Nova Scotia” chicken label to indicate that the chicken is chicken

produced under the authority of the Commodity Board.

(2) A small flock producer licensee may apply to the Commodity Board for approval

of a licence holder-generated chicken identification label by submitting the

proposed identification label with their application.

Leasing of facilities for small flock production

(1) A small flock producer licensee may only produce chicken in facilities owned by

the small flock producer licensee except as authorized under this Section.

(2) A small flock producer licensee may apply to produce small flock chicken in

facilities leased by the small flock licence holder.

(3) An application to the Commodity Board to produce small flock 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

small flock producer licensee to produce small flock chicken in the

facilities;

(

b) written confirmation that the small flock 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 small flock licence

(1) A small flock producer licensee who is in compliance with these regulations may

make a request to the Commodity Board to renew their small flock licence, instead

of re-applying under

Section 12.

(2) The Commodity Board must renew a small flock licence if the conditions in

subsection (1) are met.

(3) A request to renew a small flock licence under subsection (1) must be made in a

form approved by the Commodity Board.

Small Flock Production Committee

40 The Commodity Board must appoint a Small Flock Production Committee annually

made up of all of the following:

(a) 2 members appointed by the Commodity Board;

(b) 2 small flock producer licensees selected through an application process

open to all registered small flock licensees.

Selection of small flock producers for Small Flock Production Committee

40A

(1) Each year, the Commodity Board must issue a call for applications for small flock

producers to sit on the Small Flock Production Committee.

(2) Only the following persons are eligible to sit on the Small Flock Production

Committee:

(

a) a small flock producer licencee [licensee] who has been issued a small flock

licence for the current calendar year; or

(

b) a small flock producer licencee [licensee] who is eligible to renew their

small flock licence for the current calendar year.

(3) Applications under subsection (1) must be submitted in a form approved by the

Commodity Board and must include all of the following:

(

a) name of applicant;

(

b) name and address of small flock producer licencee [licensee] represented by

the applicant;

(

c) statement of applicant qualifications.

(4) After the Commodity Board issues a call for applications under subsection (1), the

Commodity Board must appoint a panel of three independent adjudicators who are

familiar with the agricultural industry in Nova Scotia and who do not have any

interest in base quota.

(5) The independent adjudicators appointed under subsection (4) must review all

applications and recommend two applicants as candidates for the Small Flock

Production Committee.

(6) The candidate(

s) recommended by the independent adjudicators under subsection

(5) must be appointed to the Small Flock Production Committee by the

Commodity Board.

Small flock production allotment established for licensing period

(1) The Small Flock Production Committee must recommend to the Commodity

Board the number of kilograms live weight of chicken to be allotted for small flock

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 small flock production in each licensing period.

Distribution of small flock production allotment

(1) The number of kilograms live weight of chicken to be allotted for small flock

production in a licensing period established by the Commodity Board under

subsection 41(2) must be fully distributed to applicants for small flock licences as

follows:

(

a) first, to small flock producer licensees who held a small flock 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 small flock producer licensees who have received a small flock

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 small flock producer licensees who held a small flock licence in the

preceding licensing period, who applied after January 15 but on or before

February 15, on a first-come, first-served basis;

(

d) fourth, to first-time small flock licence applicants who have applied to the

Commodity Board on or before February 15, on a first-come, first-served

basis;

(

e) fifth, to small flock producer licensees who held a small flock 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-served basis.

(2) The Commodity Board will only consider applications to increase, decrease or

cancel small flock licences approved for the current licensing period between April

1 and July 1.

Review of small flock production allotment

(1) After June 1 of each year, the Commodity Board must review the number of

kilograms live weight of chicken authorized to be produced under small flock

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 small flock

production allotment established under

Section 37, the Commodity Board may

make adjustments before producer licences are issued for the last marketing period

during which small flock production will take place in the licensing period in the

following manner until the excess small flock production allotment is completely

allocated:

(

a) first, any producers with small flock 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 small flock producer licence,

producers with small flock 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 small flock licence under

subsection 44(2);

(

c) third, despite subsection 44(2), producers with small flock licences who are

already licensed to produce the maximum number of chickens that may be

produced under a small flock 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 small flock licence

(1) After consulting with the Small Flock Production Committee, the Commodity

Board must establish the maximum number of chickens that may be produced

under a small flock licence.

(2) In accordance with subsection (1), the maximum number of chickens established

by the Board that may be produced under a small flock licence in a licensing

period is 11 000 chickens.

(3) Despite subsections (1) and (2), for a first-time applicant for a small flock licence,

the maximum number of chickens in subsection 44(2) that may be produced under

the licence in the licensing period is 1000 chickens.

(3A) An applicant who held a specialty licence expiring on December 31, 2023, is not a

first time applicant for the purposes of this Section.

(4) The maximum increase to a small flock licence from one licensing period to the

next is 1000 chickens.

Small flock licence fees

45 Before a small flock 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 small flock labels issued by the Commodity

Board.

Requirement for small flock producer licensees to comply with national standards for

biosecurity and animal care

45A A small flock producer licensee must comply with the most current published version of

the Code of Practice for the Care and Handling of Hatching Eggs, Breeders, Chicken and

Turkey and the National Avian On-Farm Biosecurity Standard.

Facilities inspection for small flock licence

(1) The Commodity Board may visit, examine, measure and photograph a producer’s

facilities at any time to ensure that they comply with the Code of Practice for the

Care and Handling of Hatching Eggs, Breeders, Chickens and Turkeys and the

National Avian On-Farm Biosecurity Standard.

(2) The Commodity Board must conduct an inspection of the facilities of a first-time

applicant for a small flock licence before July 1.

Underproduction of small flock producer licensee

47 If a small flock producer licensee markets less than 92% of the chicken that they are

authorized to produce under their small flock 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 small flock licence

(1) A small flock producer licensee who markets more chicken for a licensing period

than is authorized by their small flock 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 small flock

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

(1) A small flock producer licensee’s eligibility for the number of chickens to be

produced under a small flock licence is not reduced under

Section 47 if the

Commodity Board determines that there are extenuating circumstances for the

underproduction.

(2) A small flock 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 small flock 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.

Requirements to sell or market small flock chicken for human consumption

50 A person must not sell or market small flock chicken for human consumption unless the

chicken meets all of the following:

(

a) the chicken is produced under an annual licence issued by the Commodity

Board for no more than the maximum as set out in subsection 44(2);

(

b) the chicken is processed in a provincially-inspected processing plant

between April 1 and November 30; and

(

c) the chicken is grown and marketed directly in Nova Scotia to retail or the

consumer by the licensee.

Production of small flock chicken by holder of producer licence

(1) Except as provided in subsection (2), a person is not eligible to hold a producer

licence and a small flock licence at the same time.

(2) A producer may produce small flock 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 small

flock chicken;

(

b) they report the kilograms live weight of chicken marketed 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;

(

d) they comply with all requirements for chicken marketed as small flock

chicken, including the labelling requirements in

Section 37.

Transferring small flock licence

(1) Subject to subsection (2), the Commodity Board may approve a transfer of a small

flock 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 small flock licence under

subsection (1) only if the small flock licence proposed to be transferred was issued

in the farm business name.

(3) A small flock 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 small flock 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;

(

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

(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

(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.

Small flock licence holder reports

59 A small flock producer licensee must send the Commodity Board a properly completed

small flock 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

(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:

(

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

(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

(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

Section 9A 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

(1) The Price Negotiating Committee must immediately send the Executive Director

of the Commodity Board the price that is

(

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

(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

(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).

(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

(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

(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

(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.

Approved list of arbitrators

(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

(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

(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.

Exchange of documents

(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

(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

(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

(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

(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).

(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

(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.

(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;

Section 68, respecting condemned chicken.

Legislative History

Reference Tables

Chicken Farmers of Nova

Scotia Regulations

N.S. Reg.

109/2020

Natural Products Act

Note: The information in these tables does not form part

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

Regulations for reference only.

Source Law

The current consolidation of the Chicken Farmers of Nova Scotia Regulations made

under the Natural Products Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

109/2020

Sep 1, 2020

date specified

Sep 11, 2020

100/2021 3

Jun 18, 2021

date filed (not filed within 7 days)

Jul 2, 2021

230/2022

Oct 15, 2022

date specified

Oct 21, 2022

25/2023

Feb 12, 2023

date specified

Feb 10, 2023

198/2023

Dec 1, 2023

date specified

Dec 1, 2023

246/2023

Jan 1, 2024

date specified

Jan 12, 2024

65/2024

May 4, 2024

date specified

Mar 22, 2024

236/2024

Dec 1, 2024

date specified

Nov 15, 2024

11/2025

Feb 9, 2025

date specified

Feb 7, 2025

105/2025

Jun 1, 2025

date specified

Jun 13, 2025

38/2026

Mar 8, 2026

date specified

Feb 20, 2026

The following regulations are not

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

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

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

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

2, defn . of “base quota” ....................

rs . 230/2022

2, defn . of “base quota

period” .........

am. 230/2022

2, defn . of “Code of Practice

for the Care and Handling of Hatching Eggs, Breeders, Chicken and Turkeys” ...

ad. 246/2023

2, defn . of “eligible new

entrant” .....

rep. 230/2022

2, defn . of “Eligible New

Farmer” ...

ad. 230/2022

2, defn . of “free range

chicken” .......

rep. 246/2023

2, defn . of “initial

acquisition” .........

ad. 100/2021 ; am.

230/2022

2, defn . of “licensing

period” ...........

am.

246/2023

2, defn . of “marketing

period” .........

am.

246/2023

2, defn . of “National Avian

On-Farm Biosecurity Standard” ....................

ad. 246/2023

2, defn . of “New Producer” ..............

ad. 230/2022

2, defn . of “New Producer

Quota Fund” ........................................................

ad. 230/2022

2, defn . of “organic chicken” ...........

rep. 246/2023

2, defn . of “Production Loan” ..........

ad. 230/2022

2, defn . of “small flock

chicken” .....

ad. 246/2023

2, defn . of “small flock

producer licensee” .........................................

ad. 246/2023

2, defn . of “Small Flock

Production Committee” ....................................

ad. 246/2023

2, defn . of “specialty

chicken” .........

rep. 246/2023

2, defn . of “specialty

producer licensee” ........................................................

rep. 246/2023

2, defn . of “Specialty

Production Committee” ....................................

rep. 246/2023

2, defn . of “total

production” ...........

am. 230/2022

7 ........................................................

rs . 100/2021

7(1) .................................................

am. 230/2022

7(2) .................................................

am. 230/2022

9A-9B ...............................................

rs . 236/2024

9C(c) .................................................

am. 230/2022

9C(g) .................................................

ad. 230/2022

9D .....................................................

rs . 230/2022

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

rs . 198/2023

9E-9F ................................................

rs . 230/2022

9G .....................................................

rs . 230/2022

9 G( 3)-(4) ........................................

rs . 100/2021

9 G( 5) ..............................................

ad. 100/2021

9H .....................................................

rs . 230/2022, 236/2024

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

rs . 100/2021

9I .......................................................

rs . 230/2022

9IA ....................................................

ad. 230/2022 4

10(2) .................................................

am.

246/2023

10A ...................................................

ad. 236/2024

11(e) .................................................

rs . 246/2023

15 ......................................................

am. 230/2022

15(b) ...............................................

am. 230/2022, 246/2023

15(c) ...............................................

ad. 230/2022 ; am.

246/2023

17(1) .................................................

am. 25/2023, 65/2024, 11/2025, 38/2026

20(3) .................................................

ad. 236/2024

21(b)(i) .............................................

am. 230/2022

25 ......................................................

rs . 105/2025

26(1) .................................................

rs . 105/2025

30(2) .................................................

am. 246/2023

35 ......................................................

rs . 230/2022

. 35(c) ...............................................

am. 246/2023

36(1) .................................................

am. 246/2023

. 36(1)(d) ..........................................

rep. 246/2023

36(2)-(3) ...........................................

am. 246/2023

37-48 .................................................

rs . 246/2023

49 ......................................................

am. 246/2023

50-52 .................................................

rs . 246/2023

59 ......................................................

rs . 246/2023

63(3) .................................................

am. 236/2024

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

The provisions in the definition of “licensing period”

of original text that were lettered as clauses (

a) to (

c) have been

redesignated as subclauses (

i) to (iii) to correct the structure of the

Section for the purposes of the consolidation.

Sep 1, 2020

Original text does not include any other subsections in

Section 22. Subsection 22(1) redesignated as

Section 22 for the purposes of

this consolidation.

Sep 1, 2020

The amendment to s. 9 H( 3) by

N.S. Reg. 100/2021 contains instructions to remove the brackets around

“[subsection]”, but the brackets were an editorial change by ORR and not part

of the regulations as filed. The

amendment has not been applied by ORR for the purposes of this consolidation.

Jun 18, 2021

Second

Section

9J added by N.S. Reg. 230/2022 redesignated as

Section 9IA for the purposes

of this consolidation.

Oct 15, 2022

The provisions in

Section 10A of text added by N.S.

Reg. 236/2024 that were lettered as clauses (3)(

a) and (

b) and (4)(

a) and (

b) and subclauses (3)(b)(

i) to (iv) and (4)(b)(

i) to (iii) have been

redesignated as subsections (3), (3A), (4) and (4A) and clauses (3A)(

a) to

(

d) and (4A)(

a) to (

c) to correct the structure of the

Section for the

purposes of the consolidation.

Dec 1, 2024

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

140/1982

Regulation

#1—Interpretation Regulation

May

13, 1982

Jul

17, 1984

141/1982

Regulation

#2—Quota Regulations

May

13, 1982

Jul

17, 1984

142/1982

Regulation

#3—Licensing and Fee Regulations

May

13, 1982

Jul

17, 1984

143/1982

Regulation

#4—Records and Reporting Regulations

May

13, 1982

Jul

17, 1984

144/1982

Regulation

#5—Pricing Regulations

May

13, 1982

Jul

17, 1984

145/1982

Regulation

#6—Administrative Orders

May

13, 1982

Jul

17, 1984

136/1984

Chicken

Marketing Board Regulations

Jul

17, 1984

Jan

19, 2000

13/2000

Chicken

Farmers of Nova Scotia Regulations

Jan

19, 2000

Dec 8,

11/2005

Chicken

Farmers of Nova Scotia Regulations

Dec 8,

Sep 1,

Note: Only regulations that are specifically repealed and

replaced appear in this table. It may not reflect the entire history of

regulations on this subject matter.

Document details

Collection	Nova Scotia — Regulations
Citation	N.S. Reg. 109/2020
Date	2020-01-01
Type	regulation
Volume / chapter	just regulations regs npchickf.htm
Language	en
Format	htm
Source	PROVINCIAL
Identifier	f82a11f96f26dffa6c27e065c5de4f2f5fc9681c

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

Scotia Regulations (N.S. Reg. 109/2020) (just regulations regs npchickf.htm)

Part II .

Section 9 of the

Table of Contents

Short title

Part 1 -

Interpretation

Interpretation

Part II - Base Quota

Part III - Licensing, Fees and Production

Part IV - Records and Reporting

Part V - Pricing

Part VI - Appeals

Part VII - Final Offer Arbitration Procedure

Part VIII - Market Development

Short title

Part 1 -

Interpretation

Interpretation

Section 6;

Section 9G, beginning with the 48-week period

Section 9;

Section 11 to authorize a person to produce and market chicken in the regulated

Section 21 that may be

Section 32;

Section 9F;

Section 26;

Section 9

Section 27;

Section

Section 40 to provide recommendations to the Commodity Board regarding small

Part II - Base Quota

Section 23, the total production allotted among all licences must be equal to

Section 8.

Section have been met.

Section 9A for

Section 9A for approval to

Section 7;

Section 8;

Section [subsection] 9(1) or in any type of quota under the Act,

Section 9, in any base quota acquired by the corporation,

Section 35.

Section 9; and

Section 9, other than their own direct interest.

Section 9A.

Section 9A to a beneficiary who does not meet the criteria for

Section 8.

Section 9B;

Section is not entitled to compensation from the Commodity Board.

Section comes into force.

Part III - Licensing, Fees and Production

Section 10 and enable them to produce up to 200 chickens on their premise[s] in a

Section 35;

Section 35.

Section 10 of the Act.

Section 18, no later than 7 days after marketing chicken, a

Section 27 by the filing date specified in the production and

Section 17;

Section 26,

Section 22 or 23, the licensed

Section 23 for the marketing period.

Section 23, the licensed quantity of chicken for a producer licence must be

Section 22 until additional facilities are acquired.

Section 20, is considered to be underproducing

Section 20, is considered to be overproducing

Section 10 of the Act.

Section 20, the producer must pay the following

LC > (NC - EM) × TW

Section 30.

Section

Section.

Section 30.

Section 21 and subject to the maximum in subsection (3), a producer may

Section 17 is not required to be paid to the

Section 88;

Section 41 that is not issued through a small flock licence;

Section 12;

Section 41;

Section 44.

Section 12.