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Crop Insurance Plan for Blueberries
made under Section 6 of the
Crop and Livestock Insurance Act
R.S.N.S. 1989, c. 113
O.I.C. 2002-487 (November 1, 2002), N.S. Reg. 134/2002
as amended up to O.I.C. 2012-6 (January 10, 2012), N.S. Reg. 8/2012
1 This plan may be cited as the Crop Insurance Plan for Blueberries.
2 The purpose of this plan is to provide for insurance against a reduction in yield of blueberries, resulting from one or more of the perils designated in Section 4.
3 (1) In this plan
“Act” means the Crop and Livestock Insurance Act;
Definition added: O.I.C. 2012-6, N.S. Reg. 8/2012.
“average insurable yield” means the average insurable yield of an insurable blueberry crop determined in accordance with subsection 10(3);
Definition replaced: O.I.C. 2006-345, N.S. Reg. 126/2006.
“designated perils” means the perils designated in Section 4 for the purpose of this plan;
“highbush blueberries” means all highbush blueberries of any variety that are produced in Nova Scotia and accepted by the Commission for insurance coverage;
“lowbush blueberries” means all lowbush blueberries produced in Nova Scotia that are accepted by the Commission for insurance coverage;
“terms and conditions of the Contract of Insurance” means the terms and conditions set out in the Contract of Insurance in Form 1 to the General Field Crop Insurance Plans Regulations made under the Act;
Definition added: O.I.C. 2012-6, N.S. Reg. 8/2012.
“total guaranteed production” means the total guaranteed production determined pursuant to Section 10.
Subsection 3(1) amended: O.I.C. 2012-6, N.S. Reg. 8/2012.
(2) For the purpose of this plan, a pint of highbush blueberries weighs 14 ounces.
Designation of perils
4 The following are designated as perils for blueberries:
(a) winter injury;
(b) spring frost;
(d) fall frost;
(f) excessive moisture;
(g) unavoidable pollination failure;
(h) off crop due to any adverse weather not described in the other designated perils;
(k) plant disease; and
(l) wildlife for which there is no known control.
Designation of crop year
5 The crop year for blueberries is the period from December 1 in any year to September 15 in the following year, except that for Kings County the crop year is the period from December 1 in any year to September 25 in the following year.
Section 5 replaced: O.I.C. 2009-32, N.S. Reg. 19/2009.
Section 6 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.
Section 7 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.
Deadline for notice of cancellation of insurance
8 For the purpose of clause 4(1)(a) of the terms and conditions of the Contract of Insurance, a notice of cancellation of insurance under this plan must be given no later than December 15 of the crop year for which the cancellation is to be effective.
Section 8 and heading replaced: O.I.C. 2012-6, N.S. Reg. 8/2012.
9 (1) All acreage of blueberries owned or operated by an insured person and to be harvested shall be offered for insurance coverage.
(2) The Commission may insure all or part of the acreage of blueberries offered for insurance coverage.
Subsection 9(2) replaced: O.I.C. 2006-345, N.S. Reg. 126/2006.
(3) Upon application in writing by an insured person, the Commission may insure a blueberry crop on the basis of variety, area, agronomic practice or specified perils.
Subsection 9(3) added: O.I.C. 2006-345, N.S. Reg. 126/2006.
Total guaranteed production
10 (1) An insured person shall select a coverage level of 70%, 80%, 85% or 90% of the average insurable yield of an insurable blueberry crop for the purpose of determining the guaranteed production for that crop in a crop year.
(2) The total guaranteed production for an insured blueberry crop shall be determined by multiplying the selected coverage level by the average insurable yield for the total area of that insured blueberry crop.
(3) The average insurable yield of an insurable blueberry crop is the potential production of that crop as determined by the Commission from the insured person’s yield records, subject to a methodology developed by an actuary and approved by the Commission.
Section 10 replaced: O.I.C. 2006-345, N.S. Reg. 126/2006.
11 (1) For each crop year, the Commission shall establish price options for each insurable blueberry crop and shall announce these options to insured persons before the beginning of the crop year.
(2) An insured person shall select one of the price options as the established price to be used for calculating premium and indemnity in their contract of insurance.
Section 11 replaced: O.I.C. 2006-345, N.S. Reg. 126/2006.
12 The maximum indemnity for which the Commission is liable under a contract of insurance shall be the amount obtained by multiplying the total guaranteed production by the established price selected pursuant to subsection 11(2).
13 (1) The base premium rate shall be based on a methodology set by an actuary and approved by the Commission.
Subsection 13(1) replaced: O.I.C. 2006-345, N.S. Reg. 126/2006.
(2) The base rate shall be adjusted by giving a discount when indemnity is less than total premiums paid or adding a surcharge when indemnity exceeds total premiums, and adjustments will be calculated using the following formula:
(LR-1) x (n ÷ (20 + n))
where “LR” equals total indemnity divided by total premiums and “n” equals the number of years insured in plan.
(3) The maximum discount determined pursuant to subsection (2) shall be 50% and the maximum surcharge determined pursuant to subsection (2) shall be 100%.
(4) The premium adjustments determined pursuant to subsections (2) and (3) may be further reduced based on the number of acres insured and the premium adjustment calculation from subsection (2), as follows:
Premium adjustment determined pursuant
to subsections (2) and (3)
.99 - .90
.89 - .80
.79 - .70
.69 - .60
.59 - .50
50 to 99
100 to 199
200 to 399
(5) Despite subsections (1) to (4), the minimum annual premium payable by an insured person in each crop year is $50.
Subsection 13(5) amended: O.I.C. 2006-345, N.S. Reg. 126/2006.
(6) The premium determined pursuant to subsections (1) to (4) includes premium payments made by the Government of Canada under the Farm Income Protection Act (Canada) and the Province under the Act.
14 (1) An insured person shall pay the premium less the premium deposit to the Commission not later than August 1 for the current crop year.
(2) Interest of 1.5% per month or a minimum of $5 per month will be charged on an overdue account.
15 (1) The Commission may measure the insured acreage by any method that it considers appropriate.
(2) Despite Section 10, where the actual measured acreage of blueberries in a crop year is less than the insured acreage, the total guaranteed production and the amount of insurance shall be reduced accordingly and no refund of premium shall be made.
(3) Despite Section 10, where the actual acreage of blueberries in a crop year exceeds the insured acreage, the yield will be pro-rated to the insured acreage in calculating indemnity payable.
Section 16 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.
17 All acreage of blueberries insured shall be harvested in a crop year unless the Commission consents in writing to a written request by the insured person to abandon or destroy any part of the insured crop.
Section 18 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.
Final date for harvest
19 The final date for harvest shall be the last day of the crop year or any other date as may be determined by the Commission, and the Commission may estimate a potential yield for any insured acreage not harvested by that date.
Harvest yield report
20 No later than 30 days after the completion of harvest, an insured person must file a harvest yield report on a harvest yield report form provided by the Commission for this purpose.
Section 20 replaced: O.I.C. 2009-39, N.S. Reg. 19/2009.
Evaluation of loss
21 For the purpose of determining the reduction in yield of an insured crop in a crop year and any indemnity payable
(a) when the actual production of the insured acreage is less than the total guaranteed production for the acreage, the adjustment of loss shall be calculated by multiplying the difference between the total guaranteed production and the actual production by the established price;
(b) when loss or damage occurs to an insured crop prior to the completion of harvest, the Commission may consent in writing to a written request to abandon any part of the insured acreage and the Commission shall determine the number of damaged acres and the potential production;
(c) the actual production of all acreage harvested to lowbush blueberries and the actual production of all acreage harvested to highbush blueberries shall be taken into account separately.
Section 22 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.
Section 23 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.