This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2011, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


Crop Insurance Plan for Vegetables

made under Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2000-571 (November 17, 2000, effective April 1, 2000), N.S. Reg. 192/2000

as amended up to O.I.C. 2012-6 (January 10, 2012), N.S. Reg. 19/2012


Citation

1     This plan may be cited as the Crop Insurance Plan for Vegetables.

Section 1 replaced: O.I.C. 2012-6, N.S. Reg. 19/2012.


Purpose

2     The purpose of this plan is to provide for insurance against a reduction in yield of vegetables resulting from one or more of the perils designated in Section 4.


Interpretation

3     In this plan,

 

“Act” means the Crop and Livestock Insurance Act;

Definition added: O.I.C. 2012-6, N.S. Reg. 19/2012.

 

“average insurable yield” means the average insurable yield of an insurable vegetable crop determined in accordance with subsection 9A(3);

Definition replaced: O.I.C. 2006-345, N.S. Reg. 136/2006.

 

“final acreage declaration” means a signed declaration of cropping intentions submitted to the Commission by an insured person pursuant to Section 14;

 

“insurable crop” means any crop of vegetables that has been planted by an insured person in a crop year;

 

“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. 19/2012.

 

“total guaranteed production” means the guaranteed production as determined pursuant to Section 9;

 

“vegetables” means all cultivars of broccoli, Brussels sprouts, cauliflower, cabbage, fresh carrots, lettuce, onions, parsnips, processing carrots, rutabagas, and winter squash produced in Nova Scotia, that are recommended by the Department of Agriculture.

[Note: the reference to the Department of Agriculture and Marketing has been updated in accordance with Order in Council 2006-121 under the Public Service Act, R.S.N.S. 1989, c. 376, effective February 24, 2006.]

Section 3 amended: O.I.C. 2012-6, N.S. Reg. 19/2012.


Designation of perils

4     The following are designated as perils for vegetables:

 

(a)frost;

(b)hail;

                (c)    disease;

(d)drought;

(e)excessive moisture;

(f)off crop due to adverse weather;

(g)wind;

(h)insects;

(i)wildlife.


Designation of crop year

5     The crop year for vegetables is the period from March 15 in any year to November 15 of the same year.


Section 6 repealed: O.I.C. 2012-6, N.S. Reg. 19/2012.


Section 7 repealed: O.I.C. 2012-6, N.S. Reg. 19/2012.


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 March 15 in advance 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. 19/2012.


Coverage

9     (1)    All the area of each type of vegetable owned or operated by an insured person and to be harvested is eligible to be offered for insurance coverage.

 

       (2)    If an insured person offers an area of vegetables for insurance coverage, the entire area of that vegetable type must be offered for insurance coverage.

 

       (3)    The Commission may insure all or part of an area of vegetables offered for insurance coverage.

 

       (4)    On written application by an insured person, the Commission may insure a vegetable crop on the basis of variety, area, agronomic practice or specified perils.

Section 9 replaced: O.I.C. 2009-39, N.S. Reg. 27/2009.


Total guaranteed production

9A  (1)    An insured person shall select a coverage level of 70%, 80%, 85% or 90% of the average insurable yield of an insurable vegetable crop for the purpose of determining the guaranteed production for that crop in a crop year.

 

       (2)    The total guaranteed production for an insured vegetable crop shall be determined by multiplying the selected coverage level by the average insurable yield for the total area of that insured vegetable crop.

 

       (3)    The average insurable yield of an insurable vegetable 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 9A added: O.I.C. 2006-345, N.S. Reg. 136/2006.


Established prices

10   (1)    For each crop year, the Commission shall establish price options for each insurable vegetable 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 10 replaced: O.I.C. 2006-345, N.S. Reg. 136/2006.


Maximum indemnity

11   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 10(2).


Premium

12   (1)    The base premium rate shall be based on a methodology set by an actuary and approved by the Commission.

 

       (2)    The base premium 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 shall 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 the plan.

 

       (3)    Despite subsection (2), the maximum discount shall be 50% and the maximum surcharge shall be 100%.

 

       (4)    Despite subsections (1), (2) and (3), the minimum annual premium payable by an insured person in each crop year is $50.

 

       (5)    The premium determined under subsections (1) to (3) includes premium payments made by the Government of Canada under the Farm Income Protection Act (Canada) and the Province under the Act.

Subsection 12(5) amended: O.I.C. 2012-6, N.S. Reg. 19/2012.

Section 12 replaced: O.I.C. 2006-345, N.S. Reg. 136/2006.

 

13   (1)    An insured person shall pay the premium less any 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 by the Commission on an overdue account.


Final acreage declaration

14   An insured person shall file a final acreage declaration with the Commission before April 15 in each crop year, indicating what eligible crops are to be planted and what levels of coverage and unit prices shall apply for the crop year.


Incorrect acreage

15   (1)    The Commission may measure the insured acreage by any method that it considers proper.

 

       (2)    Despite Section 9, where the actual measured acreage of vegetables 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 9, where the actual acreage of vegetables in a crop year exceeds the insured acreage, the measured area yield will be pro-rated to the insured acres in calculating indemnity payable.


Harvesting

16   All acreage of vegetables shall be harvested unless the Commission gives consent pursuant to clause 20(b).


Section 17 repealed: O.I.C. 2012-6, N.S. Reg. 19/2012.


Final harvest date

18   (1)    The Commission shall establish and maintain a schedule of final harvest dates for each insurable crop and shall provide these dates to an insured person before the start of each crop year.

 

       (2)    Any part of an insured crop that has not been harvested before the final harvest date established pursuant to subsection (1), shall cease to be eligible for insurance coverage unless it can be established that the harvest of that crop was delayed due to a peril designated in Section 4.


Harvest yield report

19   No later than 30 days after the completion of harvest, an insured person must file a harvest yield report with the Commission on a harvest yield report form provided by the Commission for this purpose.

Section 19 replaced: O.I.C. 2009-39, N.S. Reg. 27/2009.


Evaluation of loss

20   The reduction in yield of an insured crop in a crop year and the indemnity payable shall be determined as follows:

 

                (a)    where the actual production is less than the total guaranteed production, the adjustment of loss shall be calculated by subtracting the actual production from the total guaranteed production and multiplying the difference by the established price; or

 

                (b)    where the loss or damage occurs before the completion of harvest, the Commission may consent in writing to a written request to abandon damaged acreage, and shall determine the number of damaged acres and any potential production.


Section 21 repealed: O.I.C. 2012-6, N.S. Reg. 19/2012.


Section 22 repealed: O.I.C. 2012-6, N.S. Reg. 19/2012.