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Crop Insurance Plan for Potatoes

made under Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2002-407 (September 13, 2002, effective April 1, 2000), N.S. Reg. 114/2002

as amended up to O.I.C. 2012-6 (January 10, 2012), N.S. Reg. 12/2012


Citation

1     These regulations may be cited as the Crop Insurance Plan for Potatoes.


Purpose

2     The purpose of this plan is to provide for insurance against a reduction in yield of potatoes 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. 12/2012.

 

“average insurable yield” means the average insurable yield of an insurable potato crop determined in accordance with subsection 10(3);

Definition replaced: O.I.C. 2006-345, N.S. Reg. 129/2006.

 

“designated perils” means the perils designated in Section 4 for the purpose of this plan;

 

“final seeding report” means a signed declaration of all planted acreage of potatoes submitted to the Commission by an insured person pursuant to Section 15;

 

“potatoes” means potatoes produced in Nova Scotia for table stock, seed, or processing under a contract between a grower and a processor;

 

“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. 12/2012.

 

“total guaranteed production” means the guaranteed production determined pursuant to Section 10;

 

“Zone 1” means the area of the Province that consists of the Municipality of the District of West Hants, Kings County and Annapolis County;

Definition added: O.I.C. 2006-345, N.S. Reg. 129/2006.

 

“Zone 2” means all areas of the Province outside Zone 1.

Definition added: O.I.C. 2006-345, N.S. Reg. 129/2006.

Section 3 amended: O.I.C. 2012-6, N.S. Reg. 12/2012.


Designation of perils

4     The following are designated as perils for potatoes:

 

                (a)    drought;

 

                (b)    wind;

 

                (c)    excessive moisture;

 

                (d)    frost;

 

                (e)    hail;

 

                (f)    insects;

 

                (g)    plant disease; and

 

                (h)    wildlife.


Designation of crop year

5     The crop year for potatoes is the period from April 20 in any year to December 20 of the same year.


Section 6 repealed: O.I.C. 2012-6, N.S. Reg. 12/2012.


Section 7 repealed: O.I.C. 2012-6, N.S. Reg. 12/2012.


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 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. 12/2012.


Coverage

9     (1)    All acreage of potatoes 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 area of potatoes offered for insurance coverage.

Subsection 9(2) replaced: O.I.C. 2006-345, N.S. Reg. 129/2006.

 

       (3)    Upon application in writing by an insured person, the Commission may insure a potato crop on the basis of variety, area, agronomic practice or specified perils.

Subsection 9(3) added: O.I.C. 2006-345, N.S. Reg. 129/2006.


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 potato crop for the purpose of determining the guaranteed production for that crop in a crop year.

 

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

 

       (3)    The average insurable yield of an insurable potato 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. 129/2006.


Established prices

11   (1)    Subject to subsection (2), for each crop year, the Commission shall establish price options for each insurable potato crop, and shall announce these options to insured persons before the beginning of the crop year.

 

       (2)    The Commission shall not establish a price option that is greater than the base price established by contract for the sale of a potato crop.

 

       (3)    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. 129/2006.


Maximum indemnity

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(3).


Premium

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. 129/2006.

 

       (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 pursuant to subsections (1), (2) and (3) 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 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 $5.00 per month will be charged by the Commission on an overdue account.


Final seeding report

15   (1)    No later than 10 days after the final planting date, an insured person shall file a final seeding report with the Commission on a seeding report form provided by the Commission for this purpose.

Subsection 15(1) replaced: O.I.C. 2006-345, N.S. Reg. 129/2006.

 

       (2)    The final seeding report filed with the Commission shall not be amended by an insured person without the consent in writing of the Commission.

 

       (3)    The Commission may revise the final seeding report in any or all respects and adjust the premium accordingly, and in this case shall notify an insured person in writing respecting the revision and adjustment.

 

       (4)    An insured person shall be deemed to have agreed with the revision and adjustment by the Commission under subsection (3), unless within 10 days from mailing or delivery of the notification by the Commission, the insured person notifies the Commission in writing that the insured person rejects the revision and adjustment.

 

       (5)    When the Commission has received notice from an insured person under subsection (4), it may notify the insured person in writing that the contract of insurance does not apply for the crop year in which the final seeding report was filed and, when notification is given, shall refund any premium deposit paid in respect of that crop year.

 

       (6)    A final seeding report revised under subsection (3) shall, failing notice under subsection (4), constitute the final seeding report for the crop year.

 

       (7)    Where an insured person fails to file a final seeding report in any crop year, the Commission may

 

                (a)    prepare the final seeding report; or

 

                (b)    deem the insured acreage to be nil.

 

       (8)    Where the Commission prepares a final seeding report under subsection (7),

 

                (a)    the Commission shall mail or deliver a copy of the report to the insured person; and

 

                (b)    the insured person shall pay the premium for the crop year in respect of which the report was prepared.


Incorrect acreage in final seeding report

16   (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 potatoes 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 potatoes in a crop year exceeds the insured acreage, the measured area yield will be pro-rated to the insured acres in calculating indemnity payable.


Final planting date

17   (1)    The final date for planting potatoes shall be June 15 in Zone 1 and June 8 in Zone 2.

 

       (2)    Despite subsection (1), the Commission may insure any area of potato planted up to 7 days after the final planting date, but shall reduce the coverage on that area by 5% for each day after the final planting date that the area remains unplanted.

Section 17 replaced: O.I.C. 2006-345, N.S. Reg. 129/2006.


Section 18 repealed: O.I.C. 2012-6, N.S. Reg. 12/2012.


Harvesting

19   (1)    All acreage of potatoes planted by an insured person in a crop year shall be harvested unless the Commission consents in writing to a written request by the insured person to

 

                (a)    use any part of the planted acreage for any other purpose; or

                (b)    abandon or destroy any part of the insured crop.

 

       (2)    Any insured acreage used for a purpose other than the purpose that was reported by an insured person in the final seeding report without the consent of the Commission in writing, shall be adjusted at a level not to exceed the guaranteed production in effect.

 

       (3)    Potatoes harvested prior to August 1 shall be deemed to have a yield no less than the guaranteed production per acre.

 

       (4)    Potatoes harvested during August shall have actual yields adjusted to a mature yield equivalent using a method approved by the Commission.


Section 20 repealed: O.I.C. 2012-6, N.S. Reg. 12/2012.


Final date for insurance protection

21   (1)    The final date for harvest is October 24 or any other date determined by the Commission, and the Commission may establish a potential yield for any insured acreage not harvested by that date.

 

       (2)    The final date for insurance protection is December 20.

 

       (3)    Coverage during the period between the final date for harvest determined pursuant to subsection (1) and the final date for insurance protection prescribed in subsection (2) shall be limited to storage losses resulting from one or more of the field-related perils designated in Section 4.


Harvest yield report

22   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 22 replaced: O.I.C. 2009-39, N.S. Reg. 21/2009.


Evaluation of loss

23   For the purpose of determining the reduction in yield of an insured crop in a crop year and any indemnity payable, the value of each crop shall progress through stages 1 to 3, as prescribed in Sections 24, 25 and 26, and the final adjustment of loss pursuant to Section 27.


Stage 1

24   (1)    Stage 1 comprises the period from April 20 to June 30 in the crop year.

 

       (2)    Where loss or damage occurs to 5%, or a minimum of 3 acres, of an insured crop during Stage 1 from one or more designated perils, the Commission, upon application in writing by the insured person, may consent in writing to a request to replant the damaged area, subject to any consent given pursuant to subsection (5), or to a request to abandon or destroy the insured crop on the damaged area.

 

       (3)    Where the Commission approves the abandonment of an insured crop on a damaged area pursuant to subsection (2) and the area is removed from production, the insurance for the year shall be deemed to be cancelled on the portion of the insured crop that is on the damaged area and an adjustment of the total guaranteed production for the area shall be made, less any potential production applied to the area multiplied by 50% of the established price.

 

       (4)    Whether or not an insured person has made an application pursuant to subsection (2), where loss or damage occurs during Stage 1, the Commission may notify the insured person in writing that it intends to terminate insurance coverage on the portion of the insured crop that is on the damaged area and calculate the amount of loss pursuant to subsection (3) for the damaged area.

 

       (5)    The Commission may consent in writing to a written request to replant any damaged area prior to the final planting date and, when consent is given, shall compensate the insured person by 30% of the established price multiplied by the guaranteed production per acre for that damaged area.

 

       (6)    When a damaged area is replanted upon consent given pursuant to subsection (5), the contract of insurance shall continue to apply to the replanted area, and the loss from the damage shall not be used in the calculation of the average insurable yield in subsequent insurance years.


Stage 2

25   (1)    Stage 2 comprises the period from July 1 to the final harvest date in the crop year, in respect of any portion of the insured crop that is not harvested.

 

       (2)    Where loss or damage occurs during Stage 2, the Commission, upon application in writing by an insured person, may consent in writing to the use of the damaged area for another purpose and the Commission shall determine the number of damaged acres and the potential production.

 

       (3)    When

 

                (a)    consent is given to use a damaged area for another purpose pursuant to subsection (2) and the damaged area is used for that purpose; or

 

                (b)    the harvesting of any portion of the insured crop is not completed on the final harvest date determined by subsection 21(1) and the harvesting was prevented by a designated peril,

 

then the amount of loss that is taken into account in the final adjustment of loss shall be calculated by multiplying the difference between the guaranteed production for the damaged or unharvested acres and the potential production determined under subsection (2) for the damaged acreage by 80% of the established price.

 

       (4)    When the damaged area is not used for another purpose or the crop is not abandoned or destroyed despite the Commission’s consent, the amount of loss calculated under subsection (3) shall not be taken into account in the final adjustment of loss.


Stage 3

26   (1)    Stage 3 applies to the insured area with respect to which harvesting has been completed.

 

       (2)    When the actual production of the harvested area is less than the guaranteed production for the area, the amount of loss

 

                (a)    shall be taken into account in the final adjustment of loss for the total insured area; and

 

                (b)    shall be calculated by multiplying the difference between the guaranteed production and the actual production by the established price.


Final adjustment of loss

27   (1)    The indemnity payable respecting the total insured area in the final adjustment of loss shall be the sum of the amounts of loss calculated for each of Stage 1, Stage 2 and Stage 3.

 

       (2)    When the actual production exceeds the guaranteed production of the area, the indemnity payable pursuant to subsection (1) shall be reduced by the amount obtained by multiplying the excess by the established price.


Section 28 repealed: O.I.C. 2012-6, N.S. Reg. 12/2012.


Section 29 repealed: O.I.C. 2012-6, N.S. Reg. 12/2012.