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Arbitration Proceedings Regulations

made under clause 7(1)(c) and (d) of the
Crop and Livestock Insurance Act
R.S.N.S. 1989, c. 113
O.I.C. 97-371 (June 10, 1997), N.S. Reg. 71/97

1 These regulations may be cited as the Arbitration Proceedings Regulations.

2 There is hereby established a Board of Arbitration consisting of one or more members to be appointed by the Governor in Council and to be known as the "Crop and Livestock Insurance Arbitration Board".

3 The Governor in Council may designate one of the members of the Board as Chair.

4 The Board shall have exclusive jurisdiction to hear and determine all disputes between the Commission and an insured person arising out of the adjustment of a loss under a contract of insurance.

5 Where the Commission and an insured person have failed to resolve a dispute arising out of the adjustment of a loss under a contract of insurance, and the requirements of the regulations made under the Act respecting the filing of proof of loss forms have been complied with, the Commission or the insured person may serve, by prepaid first class mail, notice of arbitration upon the other party and upon the Board, requesting that the matter in dispute be determined by arbitration.

6 Within 60 days of receipt of a notice of arbitration, the Board shall set a day, time and place to consider the matter in dispute and shall notify the parties accordingly.

7 On the day and at the time and place set or on any subsequent day and at the time and place of which the parties have been given notice by the Board, the Board shall hear the evidence presented by the parties respecting the matter in dispute and shall within 30 days of the hearing make an award and provide a written decision setting out the reasons for the award.

8 The decision of a majority of board members shall be the decision of the Board, and if there is no majority, the decision of the Chair shall govern.

9 The Board may sit at any place in Nova Scotia.

10 All orders, notices and other documents of the Board shall be signed by the Chair, or in the event that the Chair is absent or unable to act, or if there is no Chair at the time, by any other member of the Board.

11 In the event of the absence or inability to act of any member, or in the case of a vacancy in the Board, the remaining member or members may exercise the powers of the Board.