Pork Marketing Plan (N.S. Reg. 342/2009)

Pork Marketing Plan made under Section 11 of the Natural Products Act R.S.N.S. 1989, c. 308 O.I.C. 2009-523 (effective December 21, 2009), N.S. Reg. 342/2009 as amended to O.I.C. 2017-318 (effective December 12, 2017), N.S. Reg. 174/2017 Table of Contents Please note: this table of contents is provided for convenience of reference and does not form part of the regulations. Click here to go to the text of the regulations. Citation Definitions Purposes of Plan Discontinuation of Plan Commodity Board Membership Commodity Board composition Member’s term of office Commodity Board may remove member Filling vacancy on Commodity Board Commodity Board Elections Nominating candidates for election to Commodity Board Acclamation or appointment if number of candidates insufficient for election Election required if more candidates than vacancies Election officials Distributing ballots Casting a vote Counting ballots Declaring winners Candidate may request recount Procedure when election outcome undetermined Agent may conduct election Commodity Board Executive Executive of Commodity Board Executive manager of Commodity Board Duties of Commodity Board chair Duties of Commodity Board vice-chair Commodity Board Operating Procedures Calling Commodity Board meetings Notice of Commodity Board meetings If Chair absent from Commodity Board meeting https://novascotia.ca/just/regulations/regs/npporkp.htm#text https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 1 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 2 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 3 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 4 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC1 1 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 5 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 6 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 7 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 8 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC1 2 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 9 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 10 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 11 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 12 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 13 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 14 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 15 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 16 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 17 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 18 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 19 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC1 3 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 20 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 21 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 22 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 23 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC1 4 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 24 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 25 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 26 Voting at Commodity Board meetings Quorum at Commodity Board meeting Body corporate activity Irregularity does not invalidate Commodity Board action Financial reporting of the Commodity Board Copies of orders, directions and determinations Commodity Board regulations must be presented to licensed producers Licensed Producers’ Meetings Calling meetings of licensed producers Quorum at meetings of licensed producers Notice of meetings of licensed producers Voting at meetings of licensed producers Mandatory business at annual general meeting Transitional Provisions Members of previous Commodity Board hold office until 2009 election Staggered terms for members taking office in 2009 Procedure for 2009 election Citation 1 These regulations may be cited as the Pork Marketing Plan. Definitions 2 In this Plan, “Act” means the Natural Products Act; “annual general meeting” means an annual general meeting held by the licensed producers as required by this Plan; “Commodity Board” means Pork Nova Scotia, a body corporate constituted under this Plan; “hog” means a member of the species Sus scrofa L. (domestic pig), and includes a hog carcass; “licensed producer” means a producer licensed to produce or market hogs in the regulated area; “member” means a member of the Commodity Board, unless the context otherwise requires; “own” means to have ownership of or title in; “person” includes a board, association, corporation, firm and partnership; https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 27 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 28 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 29 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 30 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 31 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 32 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 33 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC1 5 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 34 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 35 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 36 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 37 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 38 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC1 6 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 39 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 40 https://novascotia.ca/just/regulations/regs/npporkp.htm#TOC2 41 “pork” means the flesh or meat or any part or parts of a hog; “processing” means altering the nature, size, quality or condition of hogs or pork by mechanical means or otherwise, and includes the slaughtering of hogs; “processor” means any person engaged in processing; “producer” means a person who owns hogs that are bred or raised, or both, in the regulated area for commercial purposes, or that are produced or marketed in or from the regulated area, but does not include a processor or contract grower; “regulated area” means all of the Province. Purposes of Plan 3 This Plan has the following purposes: (a) to control and regulate all aspects of the marketing of hogs in the regulated area; (b) to stimulate, increase and improve the marketing and production of pork and pork products in the regulated area; (c) to provide forums for disseminating information to producers about pork production and marketing. Discontinuation of Plan 4 (1) If at least 50% of the licensed producers sign a request to vote on discontinuing this Plan and submit the request to the Council, the Council must submit the question of continuing the Plan to a vote of the licensed producers. (2) If a majority of licensed producers satisfactory to the Council does not vote in support of the Plan in a vote under subsection (1), the Council may recommend that the Plan be discontinued. Commodity Board Membership Commodity Board composition 5 (1) The Commodity Board must consist of no more than 5 members, each of whom is an individual who is (a) a licensed producer who processes only those hogs that they own or is the appointed representative of a licensed producer that is a sole proprietorship, partnership or body corporate that processes only those hogs that it owns; (b) resident in the regulated area; and (c) elected, acclaimed or appointed as a member in accordance with this Plan. (2) A licensed producer that is a sole proprietor, partnership or body corporate may not have more than 1 appointed representative serve as a member. Member’s term of office 6 (1) The term of office of a member is 3 years. (2) A member takes office on the adjournment of the first annual general meeting following their election, acclamation or appointment. Commodity Board may remove member 7 The Commodity Board may remove from office any member who (a) is convicted of an offence under the Act; or (b) fails to attend 3 consecutive meetings of the Commodity Board without reasonable cause. Filling vacancy on Commodity Board 8 (1) If a vacancy occurs on the Commodity Board because a member dies, resigns, is removed or otherwise vacates the office, the remaining members may appoint an eligible licensed producer to fill the vacancy until the Commodity Board calls an election to fill the vacancy. (2) An election to fill a vacancy on the Commodity Board must be held no later than the next annual election. (3) The term of office of a person elected to fill a vacancy on the Commodity Board is the remaining balance of the term of the member who vacated the office. Commodity Board Elections Nominating candidates for election to Commodity Board 9 (1) Any nominations of candidates for election to the Commodity Board must be submitted to the Commodity Board on or after September 1 and no later than September 21 in each year. (2) The Commodity Board must not accept a nomination unless the nomination is (a) made on a form provided by the Commodity Board; and (b) signed by the nominee indicating their acceptance of the nomination. (3) The Commodity Board must provide each nominee with the list of nominees. (4) A nominee may withdraw their nomination by notice in writing to the Commodity Board as soon as practicable after nominations are closed. Acclamation or appointment if number of candidates insufficient for election 10 (1) If the number of candidates for election to the Commodity Board is equal to or less than the number of vacancies on the Commodity Board, the candidates must be acclaimed as members. (2) The Commodity Board may appoint any number of members to bring the total number of members to 5. Election required if more candidates than vacancies 11 If there are more candidates for election to the Commodity Board than there are vacancies, an election must be held. Election officials 12 (1) The Commodity Board must appoint a returning officer and a deputy returning officer and any other person that it considers necessary for the conduct of an election. (2) A member is not eligible to be appointed as a returning officer or deputy returning officer. Distributing ballots 13 (1) For each election, the Commodity Board must mail or cause to be delivered 1 ballot to each licensed producer. (2) A ballot must be in (a) an envelope identified only by the words “Ballot Envelope”; and (b) a mailing envelope addressed to the returning officer appointed for the election. (3) Any ballots being mailed to licensed producers must be postmarked no later than October 10 in the election year. Casting a vote 14 (1) A voter must cast only 1 ballot in an election of members. (2) To cast a vote, a voter must (a) mark on the ballot in the box opposite the name of each candidate for whom the voter wishes to vote; (b) seal the marked ballot within the ballot envelope; (c) seal the ballot envelope in the mailing envelope; (d) enter the voter’s farm name, if any, and licence number on the mailing envelope in the spaces provided; and (e) mail the mailing envelope or cause it to be delivered to the returning officer so that (i) if mailed, it is postmarked no later than October 21 in the election year, or (ii) if delivered other than by mail, it is consigned for delivery no later than October 21 in the election year. (3) The returning officer must not accept a mailing envelope unless the requirements of subsection (2) are met. (4) On accepting a mailing envelope, the returning officer must (a) remove the ballot envelope from the mailing envelope and deposit it in a sealed ballot box; and (b) immediately destroy the mailing envelope bearing the identity of the voter. Counting ballots 15 (1) The returning officer must count the ballots no later than November 5 of the election year or, if November 5 is a Sunday, then November 6. (2) The returning officer must (a) count the ballots in the presence of at least 2 persons eligible to vote in the election; (b) permit each candidate to be represented at the counting of the ballots by a scrutineer designated by the candidate; (c) reject and keep separate each ballot or ballot envelope (i) that is not marked, sealed and delivered in accordance with subsection 13(2), (ii) that contains votes for more than the number of vacancies on the Commodity Board, (iii) on which there is any writing or mark by which the voter may be identified, or (iv) that has been submitted by the voter so that the voter can be identified; (d) prepare and deliver to the Commodity Board, on a form provided by the Commodity Board, a record of (i) the number of ballots cast, (ii) the number of votes given and allowed for each candidate, and (iii) the number of rejected ballots; (e) retain all of the ballots, including any rejected ballots, in safe custody for any period that the Commodity Board directs. Declaring winners 16 After an election is conducted, the Commodity Board must declare elected the candidates who obtained the largest number of votes and must notify all candidates of the results of the election. Candidate may request recount 17 (1) Any candidate in an election may request a recount of the ballots by notice in writing to the Commodity Board delivered or mailed so that it is received no later than 7 days after the date the notice of the election results is given under Section 15. (2) On receipt of a request for a recount under [subsection] (1), the Commodity Board must cause the returning officer to conduct a recount of the ballots and each candidate may designate a scrutineer for the purpose of the recount. (3) The election of a candidate on the basis of a recount is final. Procedure when election outcome undetermined 18 If, because of a tie vote or other cause, the election of a member is not determined on the counting or recounting of the ballots, the Commodity Board must declare the election void and conduct a further election no later than 10 days after the date the election is declared void. Agent may conduct election 19 The Commodity Board may appoint an agent to conduct all or a part of an election in accordance with this Plan. Commodity Board Executive Executive of Commodity Board 20 (1) The Commodity Board must hold a meeting no later than 6 weeks after the date of each annual general meeting and at that meeting must elect from its members an executive consisting of (a) a chair; (b) a vice-chair; (c) a representative to the Canadian Pork Council; and (d) any additional representatives and officers as needed. (2) If no member is willing and able to serve as the Commodity Board’s representative to the Canadian Pork Council, the Commodity Board may appoint a licensed producer who is not a member to be the representative. (3) A non-member licensed producer appointed as representative to the Canadian Pork Council may attend but is not entitled to vote at meetings of the Commodity Board. Executive manager of Commodity Board 21 (1) The Commodity Board is responsible for hiring an executive manager. (2) The executive manager may be appointed or elected by the members of the Commodity Board to serve as secretary, treasurer or secretary treasurer of the Commodity Board. (3) If appointed as an officer of the Commodity Board, the executive manager may attend but is not entitled to vote at meetings of the Commodity Board. Duties of Commodity Board chair 22 (1) The chair of the Commodity Board must preside over all meetings of the Commodity Board, annual general meetings, special meetings of licensed producers and meetings of the Commodity Board executive. (2) The chair is an ex officio member of all standing and special committees. (3) The chair must perform all duties that usually pertain to the office of chair. (4) The chair must represent the Commodity Board in all of its regular transactions, except those for which another person has been elected. Duties of Commodity Board vice-chair 23 (1) In the absence of the chair, the vice-chair of the Commodity Board must preside at all meetings of the Commodity Board, annual general meetings, special meetings of licensed producers and meetings of the Commodity Board executive. (2) The vice-chair must perform all duties that usually pertain to the office of vice-chair or that are assigned by the chair or the executive. Commodity Board Operating Procedures Calling Commodity Board meetings 24 (1) The Commodity Board must meet at least quarterly and otherwise as the business of the Commodity Board requires or as required by this Plan. (2) A meeting of the Commodity Board (a) may be called by the secretary, the executive manager, the chair or any 3 members of the Commodity Board; or (b) may be held without notice at the close of an annual general meeting. Notice of Commodity Board meetings 25 (1) Notice to members of a Commodity Board meeting called (a) by the chair, secretary or executive manager must be given at least 3 days before the date of the meeting; (b) by 3 members of the Commodity Board must be given at least 7 days before the date of the meeting. (2) Notice of a Commodity Board Meeting must be given in writing and must specify the time and place of the meeting, and by whom it is called. If Chair absent from Commodity Board meeting 26 If the chair is absent from a meeting of the Commodity Board, the vice-chair must act as chair of the meeting, and if neither the chair nor the vice-chair is present at a meeting, the members present must elect a chair for the meeting. Voting at Commodity Board meetings 27 (1) Each member, including the chair, is entitled to 1 vote at meetings of the Commodity Board. (2) If there is a tied vote, the chair does not have a second vote and the motion is considered to have been defeated. Quorum at Commodity Board meeting 28 Four members of the Commodity Board constitute a quorum at a meeting of the Commodity Board. Body corporate activity 29 The Commodity Board may do any acts and things that are incidental to, conducive to, or consequential to the operations of the Commodity Board as a body corporate. Irregularity does not invalidate Commodity Board action 30 Despite an irregularity in the appointment, election or qualification of a member, every act of the Commodity Board is as valid as if the member were duly appointed, elected or qualified. Financial reporting of the Commodity Board 31 (1) In this Section, “public accountant” means a public accountant licensed under the Public Accountants Act. (2) Unless otherwise decided by the Commodity Board, the fiscal year of the Commodity Board is from January 1 to December 31 in each year, inclusive of both dates. (3) The Commodity Board must keep proper books of account and, for each fiscal year, prepare financial statements to be audited or reviewed in accordance with subsection (4). (4) The licensed producers must appoint an independent public accountant at each annual general meeting to hold office until the next annual general meeting, and must direct the accountant to do 1 of the following in relation to the Commodity Board’s financial statements: (a) for a fiscal year that ends with an even number, conduct an audit engagement; (b) for a fiscal year that ends with an odd number, conduct an audit engagement or a review engagement. (5) The Commodity Board may engage an independent public accountant to audit the Commodity Board’s books of account at any time. (6) Any audit or review directed by the licensed producers under subsection (4) or the Commodity Board under subsection (5) must be carried out in accordance with the generally accepted auditing standards set out in the CPA Canada Handbook Assurance, as amended from time to time. (7) No later than 3 months after the end of each fiscal year, the Commodity Board must send all of the following to the Council: (a) the financial report for the fiscal year from the Commodity Board executive, including all of the following: (i) a copy of the audited or reviewed financial statements for the fiscal year, consisting of a balance sheet and a statement of income and expenditures, (ii) for a fiscal year that ends with an even number, the independent public accountant’s audit report, (iii) for a fiscal year that ends with an odd number, (A) if an audit engagement has been conducted, the independent public accountant’s audit report, or (B) if a review engagement has been conducted, the independent public accountant’s review engagement report; (b) the annual report of the Commodity Board detailing its operations for the fiscal year. (8) The Commodity Board must present all of the items listed in subsection (7) at the annual general meeting following the end of each fiscal year. Copies of orders, directions and determinations 32 (1) A copy of every order, direction and determination of the Commodity Board and a copy of the minutes of every meeting of the Commodity Board must be sent to the Council. (2) On request, the Commodity Board must make a copy of any order, direction or determination available to a licensed producer who is in good standing on the records of the Commodity Board. Commodity Board regulations must be presented to licensed producers 33 Any regulations or changes to regulations made by the Commodity Board under authority delegated to it by the Council under subsection 6(2) or clause 11(d) of the Act must be presented for information and discussion purposes at a special meeting of licensed producers or at the annual general meeting, either before or after the regulations or changes to regulations are made by the Commodity Board, but before they are approved by the Council. Licensed Producers’ Meetings Calling meetings of licensed producers 34 (1) No later than 4 months after the end of the Commodity Board’s fiscal year, the licensed producers must hold an annual general meeting at the time and place prescribed by the Commodity Board. (2) The Commodity Board must call a special meeting of licensed producers if it receives a written request for a special meeting from at least 50% of the licensed producers stating the purpose of the request. (3) A special meeting of licensed producers must be held at a place in the regulated area that the Commodity Board considers appropriate and on a date that is no later than 60 days after the date on which the request for the special meeting was received. (4) The Commodity Board may call any other meetings or special meetings of licensed producers as the Commodity Board considers appropriate. Quorum at meetings of licensed producers 35 Twenty percent plus 4 of the licensed producers in good standing in any given year constitutes a quorum at any annual general meeting or special meeting of the licensed producers. Notice of meetings of licensed producers 36 Notice of an annual general meeting or a special meeting of the licensed producers must be given to licensed producers at least 10 days before the date of the meeting. Voting at meetings of licensed producers 37 A licensed producer has 1 vote at any meeting of licensed producers, and the vote may be assigned in writing to a proxy. Mandatory business at annual general meeting 38 In addition to any other business, all of the following must be presented and dealt with by licensed producers at an annual general meeting: (a) the annual report of the Commodity Board; (b) the financial report and all included documentation received from the Commodity Board executive in accordance with clause 31(7)(a); (c) nominating auditors. Transitional Provisions Members of previous Commodity Board hold office until 2009 election 39 (1) In this Section, “previous Commodity Board” means the Commodity Board constituted under the Pork Marketing Plan, N.S. Reg. 151/2005, made by the Governor in Council by Order in Council 2005-317 dated July 21, 2005. (2) The members of the previous Commodity Board are hereby named as members of the Commodity Board, to hold office until the new members assume office in the fall of 2009 after being elected, acclaimed or appointed in accordance with this Section. Staggered terms for members taking office in 2009 40 Despite Section 6, the terms of office for members assuming office in 2009 are staggered as follows: (a) the terms of 2 of the members expire in 2012; (b) the terms of 2 of the members expire in 2011; and (c) the term of 1 of the members expires in 2010. Procedure for 2009 election 41 (1) The 2009 election must be held in accordance with this Plan, but with all of the following modifications and any additional modifications that the Commodity Board considers necessary: (a) if the number of candidates is 5 or less, the ballots used in the election must list (i) any candidates who are elected by acclamation under subsection 10(1), and (ii) any candidates who are appointed by the Commodity Board under subsection 10(2); (b) each voter must vote by writing (i) “3” beside the name of each of the 2 candidates whom the voter wishes to serve for a term of 3 years, (ii) “2” beside the name of each of the 2 candidates whom the voter wishes to serve for a term of 2 years, and (iii) “1” beside the name of each candidate whom the voter wises [wishes] to serve for a term of 1 year; (c) a ballot that is not completed in accordance with clause (b) must be rejected and kept separate with other ballots rejected under [clause] 15(2)(c); (d) a score for each candidate must be calculated by totaling the numbers beside the name of the candidate on all of the ballots; (e) each candidate must be designated in accordance with the score calculated under clause (d) so that the candidate receiving the highest score is designated as Member 1, the candidate receiving the 2nd-highest score is designated as Member 2, the candidate with the 3rd-highest score is designated as Member 3, and so on until all positions have been designated. (2) The terms of office for Members 1 through 5 as designated under clause (1)(e) are as set out in the following table: Member Designation Year Term Expires 1 2012 2 2012 3 2011 4 2011 5 2010 (3) In the event of a tie score, the longest term of office must be determined by random draw. Legislative History Reference Tables Pork Marketing Plan Regulations N.S. Reg. 342/2009 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 Pork Marketing Plan 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 342/2009 Dec 21, 2009 date specified Jan 15, 2010 174/2017 Dec 12, 2017 date specified Jan 5, 2018 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 31...................................................... rs. 174/2017 38(b)................................................. rs. 174/2017 Note that changes to headings are not included in the above table. Editorial Notes and Corrections: Note Effective date 1 The Public Accountants Act referred to in s. 31 is repealed by s. 34 of the Financial Measures (2019) Act, S.N.S. 2019, c. 4. Refer to the Chartered Professional Accountants Act, S.N.S. 2015, c. 55 for continued licensing of public accountants. Sep 1, 2019 Repealed and Superseded: N.S. Regulation Title In force date Repealed date 46/1966 Nova Scotia Hog Marketing Plan Nov 15, 1966 Nov 23, 1982 240/1982 Nova Scotia Hog Marketing Plan Nov 23, 1982 Aug 9, 1983 174/1983 Nova Scotia Pork Marketing Plan Aug 9, 1983 Mar 13, 1990 97/1990 Nova Scotia Pork Marketing Plan Mar 13, 1990 Jul 21, 2005 151/2005 Pork Marketing Plan Jul 21, 2005 Dec 21, 2009 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.