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Nova Scotia Wool Marketing Plan made under Section 11 of the
Natural Products Act
R.S.N.S. 1989, c. 308
O.I.C. 82-1414 (November 23, 1982), N.S. Reg. 237/821 This Plan may be cited as the Nova Scotia Wool Marketing Plan.
2 In this Plan, and in any orders, rules and regulations made thereunder, unless the context otherwise requires
(a) "Act" means the Natural Products Act, Chapter 308, Revised Statutes of Nova Scotia, 1989 and amendments thereto;
(b) "Council" means the Natural Products Marketing Council;
(c) "Commodity Board" means the Nova Scotia Wool Marketing Board constituted under this Plan;
(d) "person" shall include board, association, corporation, firm or partnership;
(e) "production" means production for commercial purposes;
(f) "producer" means a sheep owner residing in the Province of Nova Scotia, who has been identified as a producer by the Commodity Board;
(g) "authorized receiver" means a person designated by the Commodity Board to receive or purchase wool produced in Nova Scotia in any year, or a person through whom the Commodity Board has arranged to purchase or market any portion of the wool produced in Nova Scotia.
3 The purpose of this Plan is to encourage the production and marketing of high quality wool in Nova Scotia and to encourage and develop efficient and effective marketing of Nova Scotia produced wool.
4 This Plan shall apply to all persons who produce, transport, pack, store or market wool and any kind of grade thereof in the Province of Nova Scotia, provided, however, that it shall not apply to wool to be used by the producer and his family for domestic purposes, or to wool to be manufactured by or for the producer.
5 The Commodity Board shall be
as[and] is hereby constituted to be known as the Nova Scotia Wool Marketing Board consisting of three producers residing in the Province of Nova Scotia. The term of office for members elected to the Commodity Board shall be three years; except that at the first annual meeting of producers at which the Board is elected, one producer shall be elected for a one year term, one producer shall be elected for a two year term and one producer shall be elected for a three year term.6 For the purpose of selecting a Commodity Board, the Province shall be divided into three zones as follows: Zone 1, the Island of Cape Breton; Zone 2, the Counties of Antigonish, Guysborough, Pictou; and Zone 3, the remainder of the Province. Each zone shall be entitled to have one representative on the Commodity Board.
7 Prior to the expiration of the term of office of any member of the Commodity Board, nominations for the office of Commodity Board member may be made by any five producers who shall sign their respective names and addresses to the nomination and forward by mail to the Secretary of the Natural Products Marketing Council, Nova Scotia Department of Agriculture, P.O. Box 190, Halifax, Nova Scotia B3J 2M4, not later than the 20th of November.
[Note: the reference to the Department of Agriculture and Marketing has been updated in accordance with Order in Council 2006-121 under the Public Service Act, R.S.N.S. 1989, c. 376, effective February 24, 2006.]8 If no nominations are received from a zone, the Commodity Board member for the zone whose term of office has expired will be considered to have been re-elected for the ensuing term, or if not more than one nomination is received from a zone, the person so nominated shall be considered to have been elected by acclamation for the ensuing term.
9 If there is more than one person nominated to represent any of the zones designated in Section 6 hereof, the Council shall submit by mail, ballot, or otherwise, the names so nominated to a vote of the producers in that zone, and the nominee in that zone receiving the largest number of votes shall be declared to be the Commodity Board member for that zone for the ensuing term. In all cases, the appointment or election of a Commodity Board member shall be subject to the approval of the Council.
10 The members of the Commodity Board shall annually elect a chairman from among themselves, and may appoint a secretary and/or treasurer and such other officers and employees as they may deem expedient. In case the Chairman is not present at a meeting, the members may elect an acting chairman.
11 Meetings of the Commodity Board may be called by the Chairman by giving reasonable notice thereof by telegraph, telephone, or post, or any two members of the Commodity Board by giving reasonable notice by post. Meetings shall be held at the office of the Commodity Board or at such other place as the Chairman or any two members may determine.
12 Two members of the Commodity Board shall constitute a quorum.
13 Where a vacancy occurs on the Commodity Board by reason of death, resignation, removal, or any other cause, the remaining representatives of the Commodity Board shall appoint a member to fill such a vacancy.
14 The Natural Products Marketing Council may remove from office any member of the Commodity Board if he is convicted of any offence under this Act, or any offence under the Criminal Code, or if he fails to attend three consecutive meetings of the Commodity Board without adequate cause.
15 Notwithstanding any irregularity in the appointment or election and qualification of any member of the Commodity Board, every act of the Commodity Board shall be as valid as if the Commodity Board were duly constituted and any member thereof duly appointed or elected and qualified.
16 The Commodity Board shall have authority with the approval of the Council to
(a) prescribe the manner in which all wool produced in the Province of Nova Scotia shall be marketed;
(b) designate the authorized receiver through which wool shall be marketed within the Province;
(c) prohibit the buying, selling, packing or transportation of wool by anyone without authorization from the Commodity Board or from a licensed collector;
(d) license wool authorized receivers and determine the terms and conditions upon which they may handle wool;
(e) exempt from the provisions of this Plan, or the regulations thereunder, any person or class of persons engaged in the production or marketing of wool;
(f) fix the price or prices at which wool or any class or grade thereof may be bought or sold in the Province;
(g) seize and dispose of any wool kept, transported, packed, stored, produced or marketed in violation of the provisions of this Plan and the regulations thereunder; and
(h) generally, with the approval of the Council, to do such acts as it deems advisable for the effective carrying out of the provisions of this Plan and the regulations thereunder.
17 The Commodity Board shall have the authority to charge a marketing fee on all wool marketed through the Commodity Board, and any monies so received shall be used to defray the incidental expenses of the Commodity Board and for such other purpose as the Commodity Board may determine.
18 The Commodity Board shall keep proper books of account which shall be audited as at the end of each calendar year by an auditor approved by the Natural Products Marketing Council, and within one month of the close of the year, a report of such audit accompanied by a report of the operations of the Commodity Board shall be forwarded to the Council.
19 Copies of all orders, directions and determinations of the Commodity Board, and copies of minutes of all meetings of the Commodity Board shall be forwarded forthwith to the Council.
20 Each member of the Commodity Board shall be paid out of the funds of the said Commodity Board at
the[a] rate not to exceed 50 dollars per day for each day upon which he/she attends a meeting of the Commodity Board and shall be reimbursed for his/her necessary travelling and living expenses while so attending.21 The members of the Commodity Board shall annually at a meeting held not later than the 31st of May in each year elect a chairman from among themselves and may appoint a secretary and/or treasurer and such other officers and employees as they may deem expedient.