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Newfoundland and Labrador
Regulation 2004


NEWFOUNDLAND AND LABRADOR REGULATION 76/04

NEWFOUNDLAND AND LABRADOR
REGULATION 76/04

Milk Regulations, 1998 (Amendment)
under the
Milk Scheme, 1998
and the
Natural Products Marketing Act

(Filed July 27, 2004)

Under the authority of section 8 of the Milk Scheme, 1998 and the Natural Products Marketing Act, the Dairy Farmers of Newfoundland and Labrador make the following regulations.

Dated at St. John’s, July 23, 2004.

Robert Walsh
Chairperson
Dairy Farmers of
Newfoundland and Labrador

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.16 R&S
16.   New entrants
16.1                       New entrant quota


NLR 69/98
 as amended

        1. (1) Section 2 of the Milk Regulations, 1998 is amended by adding immediately after paragraph (b) the following:

          (b.1)  "new entrant" means a person who has not previously held a financial interest in a milk quota issued by the DFNL;

             (2)  Section 2 of the regulations is amended by renumbering it as Subsection 2(1) and by adding immediately after that subsection the following

             (2)  The words "Act", "DFNL", "licence", "milk" and "producer" have the same meaning as in the Milk Scheme, 1998.

 

        2. Section 16 of the regulations is repealed and the following substituted:

New entrants

      16. (1) A person may apply to the DFNL for a milk quota as a new entrant.

             (2)  An application made under subsection (1) shall

             (a)  be in the form and contain the documents and information required by the DFNL; and

             (b)  be accompanied by a fee of $200.

             (3)  A person who applies under subsection (1) must

             (a)  be a Canadian citizen;

             (b)  be 19 years of age or more;

             (c)  provide to the DFNL a 5 year business plan that demonstrates to the satisfaction of the DFNL that the proposed dairy operation is financially and otherwise viable and sustainable; and

             (e)  intend to establish a new and separate dairy operation that includes all of the following:

                      (i)  land,

                     (ii)  one or more buildings,

                    (iii)  equipment, and

                    (iv)  a daily milk quota of not fewer than 900 litres.

             (4)  A person who applies under subsection (1) or his or her spouse or person with whom he or she is cohabiting shall not have a financial interest in another milk quota issued by the DFNL.

             (5)  A person who is employed by a dairy operation at the time of his or her application under subsection (1) shall not, by reason only of that employment, be considered to have a financial interest for the purposes of subsection (4).

             (6)  An application under subsection (1) that is approved by the DFNL is subject to the site for the proposed dairy operation obtaining all permits and approvals required for that operation under a law of a city, municipality or the province.

New entrant quota

   16.1 (1) The DFNL may determine the

             (a)  number of litres of milk quotas to be made available to new entrants in a year; and

             (b)  number of persons whose application to be a new entrant under subsection 16(1) may be approved in a year.

             (2)  The DFNL shall determine with respect to a person applying to be a new entrant under subsection 16(1) the

             (a)  volume of milk quota to be issued to the new entrant;

             (b)  manner in which the milk quota shall be acquired by the new entrant; and

             (c)  terms and conditions applicable to the milk quota issued to the new entrant.