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Poultry Insurance Plan

made under Section 6 of the

Crop and Livestock Insurance Act

R.S.N.S. 1989, c. 113

O.I.C. 2007-394 (July 13, 2007), N.S. Reg. 339/2007

as amended to O.I.C. 2009-482 (November 24, 2009), N.S. Reg. 323/2009

 

Citation

1     These regulations may be cited as the Poultry Insurance Plan.


Purpose

2     The purpose of this plan is to provide for insurance against a loss of poultry resulting from the detection of a disease designated as a peril in Section 4.


Definitions

3     In this plan,

 

                (a)    “breeder” means a hen that is owned by a Nova Scotia farmer and grown in the Province for the purpose of producing broiler or layer chicks;

Clause 3(c) replaced and relettered (a): O.I.C. 2009-482, N.S. Reg. 323/2009.

 

                (b)    “breeder pullet” means a pullet that is owned by a Nova Scotia farmer and grown in the Province for the purpose of producing replacement breeder stock;

Clause 3(a) relettered (b): O.I.C. 2009-482, N.S. Reg. 323/2009.

 

                (c)    “broiler” means a chicken that is owned by a Nova Scotia farmer and grown in the Province for the purpose of producing meat under a licence issued by the Chicken Farmers of Nova Scotia in accordance with the Chicken Farmers of Nova Scotia Regulations made under the Natural Products Act;

Clause 3(b) relettered (c): O.I.C. 2009-482, N.S. Reg. 323/2009.

 

                (d)    “chicken” means any class of domestic fowl belonging to the species Gallus domesticus;

 

                (e)    “commercial layer” means a hen that is purchased from a pullet grower, owned by a Nova Scotia farmer and grown in the Province for the purpose of producing eggs under a licence issued by the Nova Scotia Egg Producers in accordance with the Nova Scotia Egg Producers’ Marketing Plan made under the Natural Products Act;

Clause 3(e) amended: O.I.C. 2008-202, N.S. Reg. 250/2008.

 

                (f)    “disease” means a disease that is designated as an insurable peril in Section 4;

 

                (g)    “flock” means a group of chickens that are housed in a Nova Scotia farmer’s facilities and are of the same age in weeks;

Clause 3(g) amended: O.I.C. 2008-202, N.S. Reg. 250/2008.

 

                (h)    “hen” means a female chicken;

 

                (i)     “integrated layer” means a hen owned by a Nova Scotia farmer that was raised as a pullet by that farmer and grown in the Province for the purpose of producing eggs under a licence issued by the Nova Scotia Egg Producers in accordance with the Nova Scotia Egg Producers’ Marketing Plan made under the Natural Products Act;

Clause 3(i) amended: O.I.C. 2008-202, N.S. Reg. 250/2008.

 

(j)“layer” means a laying hen that is 19 weeks of age or older;

Clause 3(j) amended: O.I.C. 2008-202, N.S. Reg. 250/2008.

 

                (k)    “layer pullet” means a replacement egg stock pullet that is owned by a Nova Scotia farmer and grown in the Province under a permit issued by the Nova Scotia Egg Producers in accordance with the regulations respecting pullets made under the Natural Products Act;

Clause 3(k) amended: O.I.C. 2008-202, N.S. Reg. 250/2008.

 

                (l)     “poultry” means broilers, breeders, breeder pullets, layer pullets, commercial layers and integrated layers;

Clause 3(l) amended: O.I.C. 2009-482, N.S. Reg. 323/2009.

 

                (m)   “production period” means

 

                         (i)     for breeders and broilers, the period that begins on the day the breeders or broilers are placed in a production facility and ends on the day they are removed for processing,

 

                         (ii)    for layers, the period that begins on the day the layers are placed in a production facility and ends 52 weeks later, and

 

                         (iii)   for pullets, the period that begins on the day the pullets are placed in the production facility and ends when they are 19 weeks of age.

Subclause 3(m)(iii) amended: O.I.C. 2008-202, N.S. Reg. 250/2008.

 

                (n)    “pullet” means a female chicken that is younger than 19 weeks of age and that has been produced for the purpose of laying eggs for human consumption.

Clause 3(n) amended: O.I.C. 2008-202, N.S. Reg. 250/2008.

 

Designation of perils

4     For the purpose of this plan, the poultry livestock disease infectious laryngotracheitis (ILT) is designated as an insurable peril.

 

Application

5     An application for a contract of insurance must be

 

                (a)    on a Contract of Poultry Insurance Application Form provided by the

Commission;

                (b)    accompanied by a premium deposit of at least $50; and

                (c)    filed with the Commission no later than 3 weeks before the applicant places a flock in a production facility.

 

Contract of insurance

6     (1)    A contract of insurance consists of all of the following:

                (a)    a signed contract of insurance in Form 1;

                (b)    a completed application filed in accordance with Section 5;

                (c)    a copy of this plan.

 

       (2)    If a document referred to in subsection (1) is amended while the contract of insurance is in force, the contract remains in effect as amended and a copy of the amendment must be delivered to the insured person.

 

       (3)    Before the Commission offers a contract of insurance to an applicant, the applicant must submit an application in the form and manner prescribed by Section 5.

 

       (4)    The Commission may refuse to offer a contract of insurance to an applicant.

 

       (5)    If the Commission refuses to offer a contract of insurance to an applicant, the Commission must refund the premium deposit, if any, that accompanied the application.

 

Duration of contract

7     (1)    A contract of insurance is in force for the production period for which it is made, and continues in force for subsequent production periods until it is cancelled by the insured person or the Commission in the manner prescribed by this Section.

 

       (2)    A contract of insurance may be cancelled by the insured person or the Commission by notice in writing to the other party at least 3 weeks before the insured person places a new flock in a production facility.

 

       (3)    If an insured person is in arrears in a premium payment, the Commission may cancel the contract of insurance at any time by notice in writing.

 

Insurable value of poultry

8     (1)    The maximum insurable value of a broiler flock is based on the contract price per kilogram of chicken and the average flock weight contracted to be grown under the licence issued by the Chicken Farmers of Nova Scotia.

 

       (2)    The maximum insurable value of a non-broiler flock is based on a schedule of values per bird.

 

       (3)    The Commission must set the schedule of values and announce it to all insured persons before April 1 in each year.

 

Premium

9     (1)    For each class of insurable poultry, the base premium rate per bird placed in a production facility must be set by the Commission and announced to all insured persons on or before April 1 in each year.

 

       (2)    The base premium rates must be applied to all insured flocks that are placed in a production facility during the 12-month period from April 1 in a year to March 31 in the following year.

 

       (3)    An insured person must pay the total premium for a production period, less any premium deposit, to the Commission no later than 30 days after the insured person places a flock of insurable poultry in a production facility.

 

Notice of presence of disease

10   (1)    An insured person must notify the Commission in writing no later than 48 hours after receiving confirmation of the presence of a disease in their insured flock.

 

       (2)    A notice of the presence of a disease must be accompanied by a written statement from a veterinarian confirming the presence of the disease.

 

Evaluation of loss

11   To determine the indemnity payable for a loss in production of an insured flock, the amount of the loss must be calculated in accordance with Section 12 or 13, and the final adjustment of loss must be calculated in accordance with Section 14.

 

Broiler losses

12   (1)    In this Section, “guaranteed production” of a broiler flock that has been placed in a production facility means the total number of kilograms of broilers in the flock.

 

       (2)    On receiving notice under Section 10 of the presence of disease in an insured broiler flock, the Commission may consent in writing to the destruction of the flock.

 

       (3)    If the Commission consents in writing to the destruction of an insured broiler flock or the flock is ordered to be destroyed under the Animal Health and Protection Act as a result of a designated peril, the amount of the loss is calculated by using the following formula:

 

L = (P - M) I

in which

                L      =      the loss,

                P      =      the guaranteed production for the flock,

                M     =      the allowance for normal mortality reported by the Chicken Farmers of Nova Scotia, and

                I       =      the insurable value per bird established under Section 8

Subsection 12(3) amended: O.I.C. 2008-202, N.S. Reg. 250/2008.

 

       (4)    If the Commission does not consent in writing to the destruction of an insured broiler flock and the flock is processed, the amount of the loss is calculated by using the following formula:

 

L = (P - M - A) I

in which

                L      =      the loss,

                P      =      the guaranteed production for the flock,

                M     =      the allowance for normal mortality reported by the Chicken Farmers of Nova Scotia,

                A      =      the actual production for the flock, and

                I       =      the insurable value per bird established under Section 8.

Subsection 12(14) amended: O.I.C. 2008-202, N.S. Reg. 250/2008.

 

Other flock losses

13   If the Commission receives notice under Section 10 that a designated peril has been detected in an insured flock other than a broiler flock, and the flock is ordered to be destroyed under the Animal Health and Protection Act as a result of the designated peril, the amount of the loss must be calculated based on the week in the production cycle during which the flock is destroyed, in accordance with the schedule of values per bird established under Section 8.

 

Final adjustment of loss

14   (1)    Subject to subsections (2) and (3) and Section 15, the indemnity payable to an insured person in the final adjustment of loss is 90% of the amount of loss calculated under Section 12 or 13.

 

       (2)    The Commission must determine a deductible amount to be applied in a final adjustment of loss and must announce that deductible to all insured persons before April 1 in each year.

 

       (3)    Before calculating the indemnity payable, the Commission must deduct any salvage value arising out of the destruction of an insured flock.

 

Maximum indemnity

15   (1)    The maximum indemnity for which the Commission is liable under a contract of insurance is the insured value of the poultry less any payments received

 

                (a)    under the Health of Animals Act (Canada);

                (b)    for salvage; or

                (c)    from any agency other than the Commission.

 

       (2)    The Commission is not responsible for transportation costs for salvage, cleanup costs or costs incurred by an insured person to support a claim.

 

       (3)    Indemnity payable by the Commission under this plan is limited to the extent of the assets in the Livestock Insurance Fund Balance held by the Commission.

 

Arbitration

16   If the Commission and an insured person fails to resolve any dispute arising out of the adjustment of loss under a contract of insurance, and the requirements of the regulations made under the Crop and Livestock Insurance Act respecting the filing of a proof of loss form are complied with, and either party wishes the dispute determined by arbitration, that party must notify the other party and the Crop and Livestock Commission Arbitration Board in writing no later than 90 days after the end of the insurance year in which the loss occurred that they wish the dispute to be determined in accordance with the Arbitration Proceedings Regulations made under the Crop and Livestock Insurance Act.

 

 


Form 1 - Contract of Insurance - Poultry

 

The Crop and Livestock Insurance Act

Contract of Insurance

 

Contract:

 

Between  the Nova Scotia Crop and Livestock Insurance Commission,

(“The Commission”), of the first part

 

And         ____________________________________________, of

________________, in the County of , Nova Scotia

(“the Insured Person”), of the second part

 

Whereas the insured person has applied for a Contract of Insurance under the Crop and Livestock Insurance Act (“the Act”) and the Poultry Insurance Plan made under the Act (“the Plan”) and has paid a premium in respect thereof:

 

Now therefore, subject to the Act and the Plan, where in a year the insured person suffers a loss in the death of an insured animal(s) from one or more of the perils designated in the Plan, the Commission, subject to the terms and conditions hereinafter set forth, agrees to indemnify the insured person in respect of such loss.

 

Terms and Conditions

 

Insured animal(s)

1     In this contract, an insured animal(s) means an insurable animal(s) in respect of which the Plan has been established.

 

Extent of insurance

2              (a)    The insured person shall offer, for insurance purposes, all insurable animals for which an application for Poultry Insurance is made.

 

                (b)    This contract does not apply to diseases other than those specified in the Plan, notwithstanding the Commission may make exceptions to the exclusions.

 

Causes of loss not insured against

3     This contract does not insure against, and no indemnity shall be paid in respect of, a death of an insured animal(s) resulting from

 

                (a)    negligence, misconduct, or poor animal husbandry practices of the insured person or their agents or employees, or

 

                (b)    a peril other than a peril designated in the Plan.

 

Misrepresentation, violation of conditions or fraud

4     Where, in respect of an insured animal(s), the insured person

 

                (a)    in their application for insurance or registration form

 

                         (i)     gives false particulars to the prejudice of the Commission, or

 

                         (ii)    knowingly misrepresents or fails to disclose any fact required to be stated therein:

 

                (b)    contravenes a term or condition of this contract;

 

                (c)    commits a fraud; or

 

                (d)    willfully makes a false statement in respect of any claim under this contract,

 

a claim by the insured person is invalid and their right to recover indemnity is forfeited. If the insured person fails to observe and conform to any of the terms or conditions of this policy, the policy is void.

 

Waiver of alteration

5     No term or condition of this contract or the Plan is deemed to be waived or altered in whole or in part by the Commission unless the waiver or alteration is clearly expressed in writing signed by the Commission or a representative authorized for that purpose by the Commission.

 

Interest of other persons

6     Notwithstanding that a person other than the insured person holds an interest of any kind in an insured animal, for the purposes of this contract,

 

                (a)    the interest of the insured person is deemed to be the full value of the total coverage provided;

 

                (b)    except as provided in paragraph (7) no indemnity shall be paid to any person other than the insured person;

 

                (c)    the insured person is not entitled to a claim from the Commission under more than one policy of insurance in respect of an animal.

 

Assignment or [of] right to indemnity

7     The insured person may assign all or part of their right to indemnity under this contract, but an assignment is not binding on the Commission and no payment of indemnity shall be made to an assignee unless

 

                (a)    the assignment is made on a form provided by the Commission; and

 

                (b)    the Commission consents thereto in writing.

 

Notice of claim

8     (1)    Where death or disease of an insured animal(s) results from one or more of the perils insured against, the insured person shall notify the Commission as specified in the Plan.

 

       (2)    The Commission, in respect of anything insured under this contract, is entitled to use the name of the insured for the purpose of making any claim for damages against any person or persons, company or companies or Government or for any other purpose whatsoever connected with this contract and the Commission is also entitled to enforce, for the benefit of the Commission, any order made for costs or otherwise in connection with any such claims. The insured shall advise the Commission of any claim, remedy or cause of action against any third party and shall not pursue any such claim, remedy or cause without the Commission’s agreement thereto in writing.

 

Other compensation payments

9     If at the time of any claim under this contract there be any other compensation or salvage payments upon an animal(s), hereby insured and claimed for, whether effected by the insured person or any other person, the Commission is only liable according to the Plan.

 

Adjustment of loss

10   (1)    The indemnity payable for death to an insured animal(s) shall be determined in the manner prescribed by the regulations.

 

       (2)    The Commission may cause the claim to be appraised by any method that it considers proper.

 

       (3)    No indemnity shall be paid in respect of an insured animal(s) unless the insured person establishes the cause of loss being certified by a veterinarian.

 

Proof of loss

11   (1)    A claim for indemnity shall be made on a Proof of Loss Form provided by the Commission and shall be filed with the Commission no later than 60 days after the date of death of the insured animal(s).

 

       (2)    Subject to subsection (3), a claim for indemnity shall be made by the insured person.

 

       (3)    A claim for indemnity may be made

 

                (a)    in the case of the absence or inability of the insured person, by the agent; or

 

                (b)    in the case of the absence or inability of the insured person or on their failure or refusal to do so, by an assignee under an assignment made in accordance with Section 7.

 

Arbitration

12   Where the Commission and the insured person fail to resolve any dispute respecting the adjustment of a loss under this contract, the matter shall be determined in accordance with the arbitration regulations.

 

Time for payment of indemnity

13   (1)    Except as otherwise provided in the Plan, no indemnity under this contract becomes due and payable until the end of the year in which the loss or damage was sustained.

 

       (2)    Where the indemnity payable by the Commission under this contract is established by the filing of a Proof of Loss Form or by an award of an arbitrator or board of arbitration, it shall be paid no later than 60 days after the date the Commission receives the Proof of Loss Form or award, as the case may be.

 

       (3)    Nothing in this paragraph prevents the Commission from paying indemnity under this contract at an earlier date.

 

Subrogation

14   Where the Commission has paid a claim under this contract, the Commission is subrogated to the extent thereof to all rights of recovery of the insured person against any person and may bring action for the full amount in the name of the insured person to endorse those rights.

 

Right of entry

15   The insured shall permit the Commission or its agents right of entry to the premises to view insured animal(s) and to furnish any information related to this contract, and shall comply with requirements made by the Commission or by a veterinarian employed by it.

 

Death or assignment under the Bankruptcy Act

16   This contract terminates in respect of each insured animal at the end of the year in which the death of the insured person occurs or an authorized assignment is made by the insured person under the Bankruptcy Act (Canada).

 

Notice

17   (1)    Any written notice to the Commission shall be given by delivery thereof or by sending it by mail to the Commission.

 

       (2)    Written notice to the insured person shall be given by delivery thereof or by sending it by mail, addressed to the insured person at their last post office address on file with the Commission.

 

Cancellation

18   The Commission may at any time, by notice in writing to that effect sent to the insured person under registered cover to the insured person’s last known address, cancel this contract without reason assigned as from the date of such notice. Any such notice shall be without prejudice to the rights of the insured person in respect of any prior happening and the Commission will return to the insured person, on demand, that portion of the premium corresponding to the unexpired period of this policy.

 

In witness thereof, the Nova Scotia Crop and Livestock Insurance Commission has caused this Contract of Insurance to be signed by its Executive Secretary or any authorized member of the Commission, but the same shall not be binding upon the Commission until countersigned by a duly authorized representative thereof.

 

Countersigned and dated at on ___________________, 20__ .

 

 

_______________________________            ______________________________

Duly authorized representative                        Executive Secretary