Advisory Committee Regulations (N.S. Reg. 247/2023)

Advisory Committee Regulations made under clause 15(1)(c) of the Dairy Industry Act S.N.S. 2000, c. 24 N.S. Reg. 247/2023 (effective January 1, 2024) Citation 1 These regulations may be cited as the Advisory Committee Regulations. Interpretation 2 In these regulations, “ACM” means the Advisory Committee for Milk established by Section 3; “ACT” means the Advisory Committee for Transportation established by Section 13; “Board representative” means a member of the ACM appointed under subsection [clause] 4(1)(a) or a member of the ACT appointed under subsection [clause] 15(1)(a), as the case may be; “processor representative” means a representative of a processor appointed under subsection [clause] 4(1)(b); “Transporters” means all persons licensed by the Board to transport milk in Nova Scotia under Section 3 of the Bulk Haulage Regulations; and “transporter representative” means a representative of a transporter appointed under subsection [clause] 15(1)(b). Advisory Committee for Milk established 3 The Advisory Committee for Milk is established to advise and make recommendations to the Board on (a) promoting harmonious relationships between persons engaged in the producing and marketing of milk; (b) promoting greater efficiency in the marketing of milk; (c) preventing and correcting irregularities and inequities in the marketing of milk; (d) improving circulation of market information respecting milk; and (e) any matter with respect to which the Board may make regulations under the Act. Constitution of Committee 4 (1) The ACM consists of 5 members as follows: https://www.canlii.org/en/ns/laws/stat/sns-2000-c-24/latest/sns-2000-c-24.html https://www.canlii.org/en/ns/laws/stat/sns-2000-c-24/latest/sns-2000-c-24.html https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec3 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec13 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-23-2003/latest/ns-reg-23-2003.html#sec3 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-23-2003/latest/ns-reg-23-2003.html (a) two members appointed annually by the Board, each to serve a 1-year term; (b) two members appointed annually by the Processor Association, each to serve a 1-year term subject to Section 5; (c) the chair of the ACM appointed by the ACM, to serve a 3-year term, subject to annual review, who is (i) approved by the Board representatives and processor representatives, and (ii) not a producer, processor, or distributor of dairy products. (2) The Board must appoint a secretary of the ACM. (3) If a member of the ACM dies, resigns, or becomes unavailable to act before the expiration of their term as an ACM member, the Board or the Processor Association appointing such person, as the case may be, must appoint a member to serve for the remainder of that term. (4) Any Committee member may be reappointed. Processor representatives 5 (1) At least 60 days prior to the appointments of the processor representatives expiring, the Board must contact the Processor Association requesting the names of appointees for the coming year. (2) If no appointments are made within the 60 days referenced in subsection (1), the Board must send a second request to the Processor Association by registered mail. (3) If no appointments are made within 30 days of the request in subsection (2) being mailed, the Board may appoint processor representatives to the ACM. (4) Processor representatives appointed under Section 4 must represent different processors. (5) If there is a reorganization, merger, or consolidation of processors during any term of processor representatives, the Processor Association may appoint new processor representatives for the remainder of that term. (6) The ACM must identify and implement ways of including the input of all processors in the representation of processors on the Committee. Observers 6 (1) The Board may appoint 1 observer to sit on the ACM in a non-voting capacity. (2) Each processor representative may appoint 1 observer to sit on the Committee in a non-voting capacity. (3) The Council must appoint 1 observer to sit on the ACM in a non-voting capacity. (4) At the beginning of each meeting, the secretary must record who is present as voting members and who is present as observers for the purpose of voting in accordance with Section 9. Costs https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec5 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec4 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec9 smooth 7 (1) The Board is responsible for the costs of the secretary, Board representatives, and any observer appointed by the Board. (2) Each processor representative is responsible for their own costs and for the costs of any observer appointed by the processor representative. (3) The remuneration paid to the chair of the ACM and the terms of any contract for services with the chair must be mutually agreeable between the Board representatives and the processor representatives. (4) All chair remuneration and Committee meeting costs must be shared between the Board and the processor representatives, with the Board paying 50% of the costs and the processor representatives each paying 25% of the costs. Quorum 8 A quorum for voting is 4 Committee members, consisting of 2 Board representatives and 2 processor representatives. Voting 9 (1) All decisions of the ACM must be unanimous. (2) The Board representatives collectively have 1 vote, and the processor representatives collectively have 1 vote. (3) The chair does not have a vote. (4) The collective vote of the Board representatives and the collective vote of the processor representatives is determined in accordance with the following chart: Vote of Board/processor representative 1 Yes No Abstain Vote of Board/processor representative 2 Yes Yes No consensus Yes No No consensus No No Abstain Yes No Abstain (5) The outcome of a vote at the ACM is determined in accordance with the following chart: Collective vote of Board representatives Yes No Abstain No consensus Collective vote of processor representatives Yes Yes No decision Yes No decision No No decision No No No decision Abstain Yes No Abstain No decision No consensus No decision No decision No decision No decision (6) Where one or more ACM members abstain from voting and all other votes are unanimous, the abstained vote will not be counted and the decision will be unanimous. (7) The secretary must record the votes of all 4 of the voting members, including any abstentions from voting. Voting when member absent 10 (1) If a Board representative is absent from a meeting, an observer appointed by the Board under subsection 6(1) is considered a Board representative for the purpose of Section 9 and has the same voting rights as a Board representative. (2) If a processor representative is absent from a meeting, an observer appointed by that processor representative under subsection 6(2) is considered a processor representative for the purpose of Section 9 and has the same voting rights as the processor representative. Decision making 11 (1) If the ACM is unable to reach a decision after an issue has been discussed at a minimum of 4 meetings, over a maximum of 3 months, the chair may propose a 30-day cooling-off period. (2) If a decision has not been reached under subsection (1), including after a cooling-off period, the chair may refer the matter to mediation, provided that at least 3 out of 4 voting Committee members agree. (3) If a decision has not been reached under subsections (1) or (2), the chair, or the secretary if the chair is unavailable, must refer the matter to the Council for arbitration in accordance with Section 12. Arbitration 12 (1) The ACM must send a request for arbitration to the Council in writing, and the request must demonstrate why the ACM was unable to reach a decision under Section 11. (2) The Council has the discretion to determine whether to arbitrate an issue referred to it under this Section. (3) The Council must determine whether to hear the matter within 14 days of receiving the request. (4) If the Council determines it will not hear the matter, the Committee must refer the matter to an arbitrator on a panel of arbitrators maintained for this purpose. (5) Unless otherwise agreed to by both parties, or the Council determines otherwise, a matter arbitrated under this regulation must be heard: (a) if Council determines to hear the matter, within 21 days of the decision to hear it; (b) if an arbitrator is appointed to hear the matter, within 21 days of the appointment. (6) A decision of an arbitrator, including the Council, must be delivered within 14 days following the conclusion of the hearing, unless the Council determines otherwise. (7) The decision of an arbitrator, including the Council, is final and binding on the processors and the Board. https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec6subsec1 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec9 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec6subsec2 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec9 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec12 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec11 smooth (8) All costs of the arbitration and the mediation must be equally shared by the Board and the processors. Advisory Committee for Transportation established 13 The Advisory Committee for Transportation is established to advise and make recommendations to the Board on (a) promoting harmonious relationships between producers and persons transporting milk; (b) promoting greater efficiency in the transporting of milk; (c) any aspect of bulk milk transportation with respect to which the Board may make regulations under the Act. Decision of Advisory Committee for Milk supersedes decision of Advisory Committee for Transportation 14 Where a decision of the ACT and the ACM conflict, the decision of the ACM shall supersede the decision of the ACT. Constitution of the Committee 15 (1) The ACT consists of 5 members as follows: (a) two members appointed annually by the Board, each to serve a 1-year term; (b) two members appointed annually by the Transporters, each to serve a 1-year term subject to Section 16; (c) the chair of the ACT appointed by the ACT, to serve a 3-year term, subject to annual review, who is (i) a non-voting member, (ii) approved by the board representatives and transporter representatives, and (iii) not a producer, processor, or distributor of dairy products. (2) The Board shall appoint a secretary for the ACT. (3) If a member of the ACT dies, resigns, or becomes unavailable to act before the expiration of their term as an ACT member, the Board or transporters appointing such person, as the case may be, must appoint a member to serve for the remainder of that term. (4) Any ACT member may be reappointed. (5) Transporter representatives appointed under clause 15(1)(b) must represent different transporters. Transporter representatives 16 (1) At least 60 days prior to the appointments of the transporter representatives expiring, the Board must contact the Transporters requesting the names of appointees for the coming year. https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec16 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec15subsec1 smooth (2) If no appointments are made within the 60 days referenced in subsection (1), the Board must send a second request to the Transporters by registered mail. (3) If no appointments are made within 30 days of the request in subsection (2) being mailed, the Board may appoint transporter representatives to the ACT. (4) The transporter representatives must be representative of different transporters carrying on business in the Province. (5) If there is a reorganization, merger, or consolidation of transporters during any term of transporter representatives, the Transporters may appoint new members for the remainder of that term. (6) If the Transporters do not make an appointment under subsection (5) within 30 days of the reorganization, merger, or consolidation, the Board must send a request to the Transporters by registered mail, and if no appointment is made within 30 days of the registered mail being mailed the Board may appoint a transporter representative who has not been appointed in order to increase the number of transporter representatives to 3. (7) The transporter representatives shall identify and implement ways of including the input of the other transporters who are not on the ACT. Costs 17 (1) The Board is responsible for the costs of the secretary and Board representatives. (2) The transporter representatives are responsible for their own costs. (3) All chair remuneration and ACT meeting costs must be shared equally between the Board and the Transporters, with the Board paying 50% of the costs and the transporter representatives each paying 25% of the costs. (4) The remuneration or compensation paid to the chair of the ACT, and the terms of any contract for services with the chair, must be mutually agreeable between the Board and the Transporters. Voting 18 (1) Each member of the ACT has one vote, with the exception of the chair, who does not have a vote. (2) All decisions of the ACT must be unanimous among the voting members. Arbitration 19 (1) If, at any time, the ACT is unable to reach a unanimous decision and the chair is of the opinion that all avenues that might lead to unanimity have been exhausted, or at least two-thirds of the voting members concur that the matter must be referred to arbitration, the chair, or failing the chair the secretary, must refer the matter to arbitration. (2) A matter referred to arbitration must be referred to one of the arbitrators on the panel of arbitrators maintained for this purpose. (3) The panel of arbitrators must only contain the names of those arbitrators who are mutually agreeable to both the Board and the Transporters, and who have agreed to the terms of reference for an arbitration under these regulations. (4) Upon the arbitrator being appointed, the hearing of the matter must be within 21 days of the appointment and the decision of the arbitrator must be delivered within 7 days of the conclusion of the hearing, unless both parties agree to extend either or both deadlines. (5) The decision of the arbitrator is final and binding on the Transporters and the Board. (6) All costs of the arbitration must be equally shared by the Board and the Transporters. Notification of proposed Regulatory Amendments 20 (1) The Board must notify the transporter representatives and processor representatives of any proposed amendments to the regulations that are relevant to processors or transporters, as the case may be. (2) The transporter representatives and processor representatives have 30 days to raise concerns with the proposed amendments under subsection (1) by notifying the chair of their respective committee. (3) If the transporter representatives or processor representatives raise concerns with the proposed amendments, the chair of their respective committee must immediately convene a meeting to address the concerns. (4) The dispute resolution mechanisms in these regulations apply to any issues identified under subsection (2). Notification to producers 21 The Board must notify producers of any proposed amendments to the regulations within a reasonable period of time. Legislative History Reference Tables Advisory Committee Regulations N.S. Reg. 247/2023 Dairy Industry Act Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only. Source Law The current consolidation of the Advisory Committee Regulations made under the Dairy Industry Act includes all of the following regulations: N.S. Regulation In force date* How in force Royal Gazette Part II Issue https://www.canlii.org/en/ns/laws/stat/sns-2000-c-24/latest/sns-2000-c-24.html https://www.canlii.org/en/ns/laws/stat/sns-2000-c-24/latest/sns-2000-c-24.html https://www.canlii.org/en/ns/laws/stat/sns-2000-c-24/latest/sns-2000-c-24.html N.S. Regulation In force date* How in force Royal Gazette Part II Issue 247/2023 Jan 1, 2024 date specified Jan 12, 2024 The following regulations are not yet in force and are not included in the current consolidation: N.S. Regulation In force date* How in force Royal Gazette Part II Issue *See subsection 3(6) of the Regulations Act for rules about in force dates of regulations. Amendments by Provision ad. = added am. = amended fc. = fee change ra. = reassigned rep. = repealed rs. = repealed and substituted Provision affected How affected .......................................................... Note that changes to headings are not included in the above table. Editorial Notes and Corrections Note Effective date 1 Original text does not include any other subsections in Section 2. Subsection 2(1) redesignated as Section 2 for the purposes of this consolidation. https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-393/latest/rsns-1989-c-393.html#sec3subsec6 smooth https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-393/latest/rsns-1989-c-393.html https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec2 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec2 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec2subsec2 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-247-2023/latest/ns-reg-247-2023.html#sec2 smooth Repealed and Superseded N.S. Regulation Title In force date Repealed date 65/2001 Advisory Committee Regulations Jun 21, 2001 Jan 1, 2024 Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.