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Crop Insurance Plan for Acreage Loss
made under Section 6 of the
Crop and Livestock Insurance Act
R.S.N.S. 1989, c. 113
O.I.C. 2016-73 (March 29, 2016), N.S. Reg. 51/2016
1 This plan may be cited as the Crop Insurance Plan for Acreage Loss.
2 The purpose of this plan is to provide for insurance against a loss of production of or damage to eligible crops caused by 1 or more of the perils designated in Section 6.
3 In this plan,
“Act” means the Crop and Livestock Insurance Act;
“eligible crops” in any crop year means crops that are determined by the Commission under Section 4 to be eligible for insurance under this plan in that crop year;
“established value”, in relation to an eligible crop, means the value per acre for the crop established by the Commission under Section 10 for the purpose of calculating indemnity under this plan;
“final acreage”, in relation to an eligible crop, means the total number of acres of that crop that are insured under this plan in a crop year, as declared by the insured person or revised or set by the Commission in accordance with Sections 14 and 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.
Determining eligible crops
4 Before the beginning of each crop year, the Commission must determine the eligible crops for that crop year and publish a list of those eligible crops on the Commission’s website and in any other manner that the Commission considers advisable.
Eligibility for coverage under this plan
5 An insurable person who has planted at least 2 acres of an eligible crop or any combination of 2 or more eligible crops is eligible to apply for insurance under this plan.
6 The following are designated as perils for the purpose of this plan:
(a) frost occurring between the dates of May 1 and September 30;
(c) disease for which there is no known control;
(e) excessive moisture;
(f) off-crop due to adverse weather;
(h) insects for which there is no known control;
(i) wildlife for which there is no known control;
(j) excessive heat.
7 The crop year for the purposes of this plan is the period from April 1 in any year to November 30 of the same year.
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 31 in advance of the crop year for which the cancellation is to be effective.
9 (1) All acreage of eligible crops owned or operated by an insured person and to be harvested must be offered for insurance coverage.
(2) The Commission may insure all or part of the acreage of eligible crops offered for insurance coverage.
Established value for eligible crop
10 For each crop year, the Commission must establish the value per acre for each eligible crop and must announce the established values to insured persons before the beginning of the crop year by publishing them to the Commission’s website and in any other manner that the Commission considers advisable.
11 The maximum indemnity for an insured crop for which the Commission is liable under a contract of insurance under this plan is the amount obtained by multiplying the total number of acres of the insured crop by the established value for that crop.
12 (1) The base premium rate must be based on a methodology set by an actuary and approved by the Commission.
(2) The minimum annual premium payable by an insured person in each crop year is $50.
(3) The premium determined pursuant to subsection (1) includes premium payments made by the Government of Canada under the Farm Income Protection Act (Canada) and the Province under the Act.
Deadline for paying premium
13 (1) An insured person must pay their premium, less any premium deposit previously paid, to the Commission no later than August 1 for the current crop year.
(2) If an insured person is late paying their premium, interest of 1.5% per month or $5 per month, whichever is more, is charged by the Commission on the overdue account.
Final acreage calculation
14 (1) No later than April 15 in a crop year, an insured person must file a declaration with the Commission stating the final acreage for each of their insured crops, on a form provided by the Commission for this purpose.
(2) If the Commission finds that the actual measured acreage of an insured crop is different from the final acreage stated in a declaration filed under subsection (1), the Commission may revise the final acreage accordingly in accordance with Section 15, and in that case must notify the insured person in writing of the revision to the final acreage and any adjustment of the premium.
(3) An insured person who receives notice from the Commission of a revised final acreage calculation is deemed to agree with the revision unless, no later than 10 days after the date the notice is received, the insured person notifies the Commission in writing that they object to the revision.
(4) On receiving a notice of objection from an insured person under subsection (3), the Commission may notify the insured person in writing that the contract of insurance does not apply for the crop year for which the final acreage declaration was filed and, in that case, the Commission must refund any premium deposit paid by the insured person for that crop year.
(5) Unless the insured person notifies the Commission under subsection (3) that they object to the Commission’s revision, a revised final acreage set by the Commission for an insured crop is the final acreage for that crop.
(6) If an insured person fails to file a final acreage declaration in any crop year, the Commission may
(a) set the final acreage for each of the insured person’s insured crops for that crop year; or
(b) deem the insured area to be nil for that crop year.
(7) On setting the final acreage for an insured crop under clause (6)(a), the Commission must notify the insured person of the final acreage by regular mail or by any other manner of secure delivery that the Commission considers appropriate.
Measuring actual area of insured crop
15 (1) The Commission has sole discretion in determining the method used to measure the area of an insured crop.
(2) If the actual measured area of an insured crop in a crop year is less than the final acreage stated in the declaration filed by the insured person under Section 14, the total area insured and the amount of indemnity payable is reduced accordingly and no refund of premium is payable.
(3) If the actual measured area of an insured crop in a crop year exceeds the final acreage stated in the declaration filed by the insured person under Section 14, the amount of loss and the indemnity payable will be calculated by multiplying the total destroyed area by the final acreage declared divided by the total measured area.
Notice of crop damage
16 (1) For the purpose of Section 9 of the terms and conditions of the Contract of Insurance, an insured person must notify the Commission in accordance with subsection (2) of crop loss or damage that occurs at any time during the crop year.
(2) Notice to the Commission of crop loss or damage must be given as follows:
(a) by telephone to the Commission immediately after the loss or damage becomes apparent; and
(b) no later than 3 days following the telephone notice provided under clause (a), by submitting a completed notice of crop loss or damage to the Commission on a form provided by the Commission for that purpose.
(3) On receiving notice of crop loss or damage, the Commission may consent in writing to the abandonment or destruction of the insured crop on the damaged area and, in that case, it must determine the damaged area.
(4) A notice of crop loss or damage is considered only if the loss or damage occurs to at least 1/2 acre of the insured area.
When indemnity payable
17 An indemnity is payable to an insured person only if
(a) the Commission has given the insured person written permission to abandon or destroy an area of an insured crop;
(b) the affected area of an insured crop is destroyed by any means that are acceptable to the Commission.
Calculating indemnity payable
18 Subject to any adjustment under Section 15 to the indemnity payable, the indemnity payable for an insured crop is 90% of the amount obtained by multiplying the number of destroyed acres by the established value for that crop.
When no indemnity payable
19 (1) No indemnity is payable under this plan with respect to a damaged area of an insured crop in any of the following circumstances:
(a) the damaged area of the insured crop is not destroyed after the Commission has consented to its destruction;
(b) the insured person harvests all or part of their insured crop.
(2) If an insured person abandons all or part of their insured crop without the consent in writing of the Commission, no indemnity is payable under this plan with respect to the abandoned area.