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Crop Insurance Plan for Trees
made under Section 6 of the
Crop and Livestock Insurance Act
R.S.N.S. 1989, c. 113
O.I.C. 95-63 (January 24, 1995), N.S. Reg. 14/95
as amended up to O.I.C. 2012-6 (January 10, 2012), N.S. Reg. 18/2012
1 This plan may be cited as the Crop Insurance Plan for Trees.
Section 1 replaced: O.I.C. 2012-6, N.S. Reg. 18/2012.
2 The purpose of this plan is to provide insurance for apple and pear trees damaged as a result of one or more of the perils designated in Section 3 to the extent that it is necessary to remove the apple or pear trees.
2A In this plan,
“Act” means the Crop and Livestock Insurance Act;
“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.
Section 2A added: O.I.C. 2012-6, N.S. Reg. 18/2012.
Designation of perils
3 (1) The following are designated as perils for the purpose of this plan:
(b) winter injury (excluding mouse damage);
(e) virus diseases;
(g) fireblight (erwinia amylovora);
(h) wildlife (excluding mouse damage).
(2) Where an orchard has been infected with any of the diseases mentioned in clauses 3(1)(e), (f) or (g), the grower shall undertake appropriate sanitation or other control procedures in order to maintain coverage under this endorsement in subsequent years.
Designation of crop year
4 The crop year for tree insurance is the period from December 1 in any year to November 30 of the following year.
Section 5 repealed: O.I.C. 2012-6, N.S. Reg. 18/2012.
Section 6 repealed: O.I.C. 2012-6, N.S. Reg. 18/2012.
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 before November 15 in advance of the crop year for which the cancellation is to be effective.
Section 7 and heading replaced: O.I.C. 2012-6, N.S. Reg. 18/2012.
8 Insured persons who have coverage under the Tree Fruit Crop Insurance Plan are eligible for tree insurance under this plan.
9 (1) The Commission shall determine the eligibility of trees for coverage under this plan.
(2) If an applicant has both apple and pear trees and does not wish to insure both kinds of trees, only the trees making up the highest percentage of trees in the tree fruit orchard are eligible for tree insurance under this plan.
(3) At the time of filing an application for tree insurance, the applicant shall indicate the number of apple and pear trees owned or leased by the applicant.
(4) Trees planted before June 1 in a crop year are eligible for coverage in the fall of that crop year if their total terminal growth exceeds 46 cm.
(5) A new grower who has immature trees that are not yet producing is eligible for tree insurance under this plan if they own 500 trees or more.
Section 9 replaced: O.I.C. 2006-345, N.S. Reg. 135/2006.
10 (1) The base premium rate shall be based on a methodology set by an actuary and approved by the Commission.
(2) The premium determined under subsection (1) includes premium payments made by the Government of Canada under the Farm Income Protection Act (Canada) and the Province under the Act.
Subsection 10(2) amended: O.I.C. 2012-6, N.S. Reg. 18/2012.
Section 10 replaced: O.I.C. 2006-345, N.S. Reg. 135/2006.
11 (1) For each crop year, the Commission shall establish insurable values for each insurable tree, considering tree age and planting density, and shall announce these values to insured persons before the beginning of the crop year.
(2) The Commission shall use the insurable values to calculate premium and indemnity in contracts of insurance for insurable trees.
(3) If in a crop year the number of trees owned or leased by an insured person is greater or less than the number of trees they had insured under this plan in the immediately preceding crop year, the insured person shall report the change to the Commission.
Section 11 replaced: O.I.C. 2006-345, N.S. Reg. 135/2006.
Deadline for notice of damage
12 (1) For the purpose of subsection 9(2) of the terms and conditions of the Contract of Insurance, an insured person under this plan must notify the Commission immediately of tree damage from one or more of the insured perils.
Subsection 12(1) and heading replaced: O.I.C. 2012-6, N.S. Reg. 18/2012.
(2) The insured person shall notify the Commission 10 days prior to the destruction or removal of trees.
Evaluation of loss
13 (1) The Commission shall determine the indemnity payable for damage by a method that it determines appropriate.
(2) No indemnity shall be paid for damage unless the insured person establishes that the damage resulted directly from one or more of the insurable perils.
(3) No indemnity shall be paid unless damage to trees exceeds 3% (deductible) of the insured number, causing removal due to insurable perils. The deductible shall be applied separately relative to the number of apple trees insured and the number of pear trees insured.
(4) In a crop year following a crop year in which the insured was indemnified for loss of trees, the Commission may waive the deductible clause as it applies to trees which have been identified by the Commission as having been injured by an insurable peril in the previous crop year.
Section 14 repealed: O.I.C. 2012-6, N.S. Reg. 18/2012.