Crop Insurance Plan for Tree Fruit
made under Section 6 of the
Crop and Livestock Insurance Act
R.S.N.S. 1989, c. 113
O.I.C. 2003-268 (effective June 20, 2003), N.S. Reg. 121/2003
amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 14/2024
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation
Purpose
Interpretation
Designation of perils
Designation of crop year
Deadline for notice of cancellation of insurance
Coverage
Total guaranteed production
Established prices
Maximum indemnity
Production guarantee report
Premium
Harvesting
Final date for harvest
Harvest yield report
Evaluation of yield loss
Deadline for notice of claim resulting from reduction in yield
Apples eligible for storage coverage
Final date for apple storage coverage
Evaluation of apple storage loss
Final adjustment of apple storage loss
Citation
1 This plan may be cited as the Crop Insurance Plan for Tree Fruit.
Purpose
2 The purpose of this plan is to provide for
(a) insurance against a reduction in yield or quality of tree fruit resulting from one
or more of the perils designated in Section 4; and
(b) apple storage coverage for fresh or processing apples of certain varieties in
storage that are lost as a result of one or more of the perils designated in
Section 4.
Interpretation
3 (1) In this plan,
“Act” means the Crop and Livestock Insurance Act;
“average insurable yield” means the average insurable yield of an insurable tree fruit
crop determined in accordance with subsection 10(3);
“designated perils” means the perils designated in Section 4 for the purpose of this
plan;
“production guarantee report” means a report by the Commission pursuant to
Section 13 respecting the amount of coverage being offered to an insured person;
“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 Crop Insurance Plans
Regulations made under the Act;
“total guaranteed production” means the total guaranteed production determined
pursuant to Section 10; and
“tree fruit” means all varieties of apples, peaches and pears produced in Nova Scotia
that are accepted by the Commission for insurance coverage.
(2) For the purpose of this plan,
(a) a bushel of apples weighs 42 lbs.;
(b) a bushel of peaches weighs 50 lbs.;
(c) a bushel of pears weighs 50 lbs.
Designation of perils
4 The following are designated as perils for tree fruit:
(a) winter injury;
(b) spring frost;
(c) hail;
(d) fall frost;
(e) drought;
(f) excessive moisture;
(g) unavoidable pollination failure;
(h) off crop due to adverse weather not described in the other designated perils;
(i) wind
(i) for McIntosh variety apples, prior to October 13 in each crop year,
(ii) for all pear varieties, prior to October 23 in each crop year, and
(iii) for all apple varieties other than McIntosh, prior to November 6 in each
crop year;
(j) wildlife, excluding mouse damage;
(k) pests; and
(l) wildfire.
Designation of crop year
5 The crop year for tree fruit is the period from December 1 in any year to November 30 of
the following year.
6 [repealed]
7 [repealed]
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 November
30 in advance of the crop year for which the cancellation is to be effective.
Coverage
9 (1) All the area of apples owned or operated by an insured person and to be harvested
may be offered for insurance coverage.
(2) All the area of peaches owned or operated by an insured person and to be harvested
may be offered for insurance coverage.
(3) All the area of pears owned or operated by an insured person and to be harvested
may be offered for insurance coverage.
(4) If only one crop is offered for insurance coverage by an insured person pursuant to
subsection (1), (2) or (3), that crop must be the major tree fruit crop produced by the
insured person.
(5) The Commission may insure all or part of the area offered for insurance coverage.
(6) Upon application in writing by an insured person, the Commission may insure a tree
fruit crop on the basis of variety, area, agronomic practice or specified perils.
Total guaranteed production
10 (1) An insured person must select 1 of the coverage levels offered by the Commission
before the beginning of the crop year.
(2) The total guaranteed production for an insured tree fruit crop shall be determined by
multiplying the selected coverage level by the average insurable yield for the total
area of that insured tree fruit crop.
(3) The average insurable yield of an insurable tree fruit 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.
Established prices
11 (1) For each crop year, the Commission must establish price options for each insurable
tree fruit crop.
(2) Subject to subsection (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.
(3) The price option selected by an insured person as the established price shall not
exceed the actual average price received by the insured person for their insurable tree
fruit crop over the immediately preceding 2 years.
Maximum indemnity
12 The maximum indemnity for which the Commission is liable under the contract of
insurance shall be the amount obtained by multiplying the total guaranteed production by
the established price prescribed in to Section 11.
Production guarantee report
13 (1) For each crop year, the Commission must issue a production guarantee report to an
insured person.
(2) A production guarantee report must
(a) set out detailed information about the expected yield and grade of the insured
person’s crop;
(b) state the amount of insurance coverage offered by the Commission to the
insured person; and
(c) state the total guaranteed production offered by the Commission to the insured
person.
(3) The premium payable for a crop year shall be based on the amount of insurance
coverage stated in the production guarantee report for the crop year.
(4) If the Commission receives information indicating that the productive capability of a
tree fruit orchard has changed, it may revise the production guarantee report in any or
all respects and adjust the premium accordingly and, if so, shall notify the insured
person in writing respecting the revision and adjustment.
(5) An insured person shall be deemed to have agreed with the revision and adjustment
by the Commission under subsection (4) unless, within 10 days following 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.
(6) If the Commission receives notice from an insured person under subsection (5), it
may notify the insured person in writing that the contract of insurance does not apply
for the crop year to which the production guarantee report applies and, if so, shall
refund the premium deposit paid in respect of that crop year.
(7) A production guarantee report that is revised under subsection (4) shall, failing
notice under subsection (5), be the production guarantee report for the crop year.
Premium
14 (1) The base premium rate shall be based on a methodology set by an actuary and
approved by the Commission.
(2) The Commission, in consultation with an actuary, may adjust the base premium rate.
(3) [repealed]
(4) Despite subsections (1) and (2), the minimum annual premium payable by an insured
person in each crop year is $50.
(5) The premium determined under subsections (1) and (2) includes premium payments
made by the Government of Canada under the Farm Income Protection Act
(Canada) and the Province under the Act.
15 (1) An insured person shall pay the premium less the premium deposit required by
clause 6(b) 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.
16 [repealed]
Harvesting
17 (1) All the area of tree fruit owned or operated by an insured person in a crop year shall
be harvested unless the Commission consents in writing to a written request by an
insured person to abandon or destroy any part of the insured crop.
(2) If part of an insured crop is abandoned or destroyed without the consent required by
subsection (1), the guaranteed production shall be adjusted at a level not to exceed
the total guaranteed production in effect.
18 [repealed]
Final date for harvest
19 (1) The final date for harvest in a crop year must be 1 of the following:
(a) November 6 for all varieties of apples;
(b) October 23 for all varieties of pears;
(c) September 30 for all varieties of peaches;
(d) a date determined by the Commission.
(2) The Commission may establish a potential yield for any insured area not harvested
by the final harvest date.
Harvest yield report
20 On or before January 15 annually, an insured person must file a harvest yield report on a
harvest yield report form provided by the Commission for this purpose.
Evaluation of yield loss
21 For the purpose of determining the reduction in yield of tree fruit in a crop year and any
indemnity payable,
(a) the actual production of the total area harvested for apples, the actual
production of the total area harvested for peaches and the actual production of
the total area harvested for pears shall be taken into account separately; and
(b) the actual production shall be adjusted based on the quality blend of apples, the
quality blend of peaches or the quality blend of pears harvested, based on a
method approved by the Commission.
Deadline for notice of claim resulting from reduction in yield
22 For the purpose of clause 11(2)(b) of the terms and conditions of the Contract of
Insurance, a notice of claim under this plan as a result of a reduction in yield must be
given no later than January 15 in the year following the end of the crop year for which the
claim is being made.
Apples eligible for storage coverage
23 (1) All late-variety apples, except Gravenstein apples, that are placed in storage for the
purpose of marketing as fresh or processing apples are eligible for apple storage
coverage under a contract of insurance.
(2) [repealed]
24 [repealed]
Final date for apple storage coverage
25 (1) The final date for apple storage coverage is
(a) December 31 in the year of harvest for fresh and processing apples in cold
storage; or
(b) June 30 of the year following the year of harvest for fresh apples in controlled
atmosphere storage.
(2) Coverage during the period between the final date for harvest determined pursuant to
Section 19 and the final date for insurance protection pursuant to subsection (1) shall
be limited to storage losses resulting from one or more of the designated perils.
Evaluation of apple storage loss
26 (1) The volume of all apples in storage in the Province on November 15 in a crop year
shall be the basis for evaluating claims under this Section.
(2) Before an insured person is eligible to make a claim for apple storage loss, the
storage losses must affect at least
(a) 10% of all apples in storage; or
(b) 60% of all apples of a specific variety in storage.
(3) [repealed]
(4) Each pound of fresh or processing apples that is lost in storage and for which an
insured person is eligible to make a claim pursuant to subsection (2) must be valued
at 80% of its established price in the insured person’s production guarantee report.
(5) No indemnity shall be paid for loss in storage unless an insured person establishes to
the satisfaction of the Commission that the loss
(a) resulted directly from one or more designated perils; and
(b) was not caused by management of the storage facility.
Final adjustment of apple storage loss
27 An indemnity payable to an insured person for production losses and for storage losses
shall not exceed the value of the total guaranteed production as stated on the production
guarantee report made pursuant to Section 13.
28 [repealed]
The following regulations are not yet in force and are
not included in the current consolidation: