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Crop Insurance Plan for Winter Grain

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 to O.I.C. 2013-310 (September 3, 2013), N.S. Reg. 298/2013


Citation

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


Purpose

2     The purpose of this plan is to provide for insurance against a reduction in yield of winter grain 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. 21/2012.

 

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

Definition replaced: O.I.C. 2006-345, N.S. Reg. 137/2006.


Definition of “contract of insurance” repealed: O.I.C. 2012-6, N.S. Reg. 21/2012.

 

“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 area of winter grain submitted to the Commission by an insured person pursuant to Section 15;

 

“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. 21/2012.

 

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

 

“winter grain” means all varieties of winter wheat, fall rye and triticale accepted by the Commission for insurance coverage;

Definition replaced: O.I.C. 2011-145, N.S. Reg. 171/2011.

 

“Zone 1” means the area of the Province that includes Hants West, Kings and Annapolis Counties;

Definition replaced: O.I.C. 2013-310, N.S. Reg. 298/2013.

 

“Zone 2” means the area of the Province that includes East Hants, Halifax and Colchester counties;

Definition replaced: O.I.C. 2013-310, N.S. Reg. 298/2013.

“Zone 3” means all areas of the Province outside Zone 1 and Zone 2.

Definition added: O.I.C. 2013-310, N.S. Reg. 298/2013.

Section 3 clause letters removed: O.I.C. 2012-6, N.S. Reg. 21/2012.


Designation of perils

4     The following are designated as perils for winter grain:

 

                (a)    drought;

                (b)    wind;

                (c)    excessive moisture;

                (d)    frost;

                (e)    hail;

                (f)    insects;

                (g)    plant disease;

                (h)    wildlife; and

                (i)     winter kill.


Designation of crop year

5     The crop year for winter grain is the period from September 1 in any year to August 31 of the next year.


Section 6 repealed: O.I.C. 2012-6, N.S. Reg. 21/2012.


Section 7 repealed: O.I.C. 2012-6, N.S. Reg. 21/2012.


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 September 15 in the crop year for which the cancellation is to be effective.

Section 8 and heading replaced: O.I.C. 2012-6, N.S. Reg. 21/2012.


Coverage

9     (1)    All the area of winter grain 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 winter grain offered for insurance coverage.

Subsection 9(2) replaced: O.I.C. 2006-345, N.S. Reg. 137/2006.

 

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

Subsection 9(3) added: O.I.C. 2006-345, N.S. Reg. 137/2006.


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

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

 

       (3)    The average insurable yield of an insurable winter grain 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. 137/2006.


Established prices

11   (1)    For each crop year, the Commission shall establish price options for each insurable winter grain 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. 137/2006.


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(2).


Premium

13   (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 13(5) amended: O.I.C. 2012-6, N.S. Reg. 21/2012.

Section 13 replaced: O.I.C. 2006-345, N.S. Reg. 137/2006.

 

14   (1)    An insured person shall pay the premium less any premium deposit to the Commission not later than April 30 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 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. 137/2006.

 

       (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 area 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 area in final seeding report

16   (1)    The Commission may measure the insured area by any method that it considers appropriate.

 

       (2)    Despite Section 10, where the actual measured area of winter grain in a crop year is less than the insured area, 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 area of winter grain in a crop year exceeds the insured area, the measured area yield will be pro-rated to the insured area in calculating indemnity payable.


Final planting date

17   (1)    The final date for planting in Zone 3 is September 20, or another date determined for the year by the Commission.

 

       (2)    The final date for planting in Zone 2 is September 27, or another date determined for the year by the Commission.

 

       (3)    The final date for planting in Zone 1 is October 7, or another date determined for the year by the Commission.

Section 17 replaced: O.I.C. 2013-310, N.S. Reg. 298/2013.


Section 18 repealed: O.I.C. 2012-6, N.S. Reg. 21/2012.


Carry-over of stored grain

19   If, prior to harvest, an insured person believes that they will have a claim on an insured crop, and if the insured person has any carry-over of grain in storage, the insured person must report the carry-over in writing before the beginning of harvest, or the Commission may regard the carry-over as new production.


Harvesting

20   (1)    All winter grain 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 area for any other purpose; or

 

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

 

       (2)    Any insured area used for a purpose other than the purpose that was reported by an insured person in the final seeding report without consent pursuant to subsection (1) shall be adjusted at a level not to exceed the guaranteed production in effect.

 

       (3)    Each harvested winter grain crop is to be placed in a separate storage.

 

       (4)    Unless prior permission is granted and measurements recorded, failure to keep each harvested winter grain crop in a separate storage may jeopardize any indemnity otherwise payable.


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


Final date for harvest

22   The final date for harvest shall be August 31 or any other date as may be determined by the Commission, and the Commission may establish a potential yield for any insured area not harvested by this date.


Harvest yield report

23   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 23 replaced: O.I.C. 2009-39, N.S. Reg. 24/2009.


Evaluation of loss

24   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 25, 26 and 27, and the final adjustment of loss pursuant to Section 28.


Stage 1

25   (1)    Stage 1 comprises the period from the date on which seeding of winter grain is completed to May 25 in the crop year.

 

       (2)    Where loss or damage from one or more designated perils occurs to an insured crop during Stage 1, the Commission, upon application in writing by the insured person, may consent in writing to a request to replant the damaged area to another crop 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,

 

                (a)    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

 

                (b)    the amount of loss for the insured crop shall be calculated by multiplying the guaranteed production on the damaged area, less any potential production applied to the area, by the product of the established price and the applicable Stage 1 payout rate set out in the following table:


Crop

Rate as % of Established Price

Milling wheat

50%

Feed wheat

65%

Fall rye

65%

Triticale

65%

Clause 25(3)(b) replaced: O.I.C. 2011-145, N.S. Reg. 171/2011.

 

       (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.


Stage 2

26   (1)    Stage 2 comprises the period from May 26 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 from one or more designated perils occurs to an insured crop 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 size of the damaged area 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 pursuant to Section 22 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 area and the potential production determined under subsection (2) for the damaged area by 80% of the established price.

 

       (4)    When a 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

27   (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

28   (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 29 repealed: O.I.C. 2012-6, N.S. Reg. 21/2012.


Section 30 repealed: O.I.C. 2012-6, N.S. Reg. 21/2012.