| This consolidation is unofficial and is for reference only.
For the official version of the regulations, consult the original documents on file with the Office of the Registrar 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 our office that are not yet included in this consolidation. |
| Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. |
| This electronic version is copyright ©
, 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. |
General Crop Insurance Plans Regulations
made under Section 6 of the
Crop and Livestock Insurance Act
R.S.N.S. 1989, c. 113
O.I.C. 2012-6 (effective January 10, 2012), N.S. Reg. 7/2012
as amended to O.I.C. 2018-175 (effective July 3, 2018), N.S. Reg. 103/2018
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Regulations apply to all plans
Designation of insurable persons
Application for insurance
Commission may refuse to make contract
Form and delivery of contract of insurance
Arbitration
Application to Crop Insurance Plan for Acreage Loss
Form 1: Contract of Insurance
Extent of coverage
Crop Insurance Plan for Acreage Loss
Causes of loss or damage not insured against
Duration of contract
Cancelling insurance
Contract terminates on bankruptcy or death
Actions that will invalidate claim
Interest of insured person deemed to be full value of coverage
Insured Person may assign right to be indemnified
Notice of loss or damage
Abandonment, destruction or alternate use
Notice of claim
Adjustment of loss
Other compensation payments
Payment of indemnity
Subrogation
Access to records
Right of entry
Notice
Waiver or alteration
Citation
1 These regulations may be cited as the General Crop Insurance Plans Regulations.
Regulations apply to all plans
2 (1) These regulations, including the terms and conditions set out in the Contract of
Insurance in Form 1, apply generally to all plans.
(2) If a plan of insurance is inconsistent with these regulations, including the terms and
conditions set out in the Contract of Insurance in Form 1, these regulations prevail,
unless expressly stated otherwise in the plan of insurance.
Insurable persons
3 (1) In these regulations and all plans respecting insurable crops, “insurable person”
means a person who is eligible for crop insurance.
(2) A person who meets all of the following criteria is designated as an insurable person
for the purposes of a plan established for an insurable crop:
(a) the person owns and operates, or leases and operates, a farm in the Province;
(b) the person produces the insurable crop on the farm.
(3) If a person who entered a contract of insurance with the Commission no longer
meets the criteria for designation as an insurable person for all or part of an insurable
crop, the Commission is not liable for payment of any indemnity to the person for
that portion of the insurable crop.
Application for insurance
4 (1) To enter into a contract of insurance under a plan or plans, an insurable person must
apply to the Commission on a contract of insurance application form provided by the
Commission.
(2) An application for a contract of insurance must be
(a) accompanied by a premium deposit of at least $50 for each plan under which
the applicant is seeking insurance, or payment in the amount otherwise
specified in the plan or plans; and
(b) filed with the Commission
(i) before the 1st day of the 1st crop year for which the contract of
insurance is to be in force; or
(ii) no later than the date specified in the applicable plan.
Commission may refuse to make contract
5 (1) The Commission may refuse to make a contract of insurance with an applicant for
crop insurance.
(2) If the Commission refuses to make a contract of insurance, it must refund to the
applicant the premium deposit or payment that accompanied the application.
Form and delivery of contract of insurance
6 (1) On accepting an insurable person’s application for crop insurance, the Commission
must deliver a copy of the contract of insurance to the insured person, and the
insured person is then deemed to have notice of and be bound by the terms and
conditions of the contract.
(2) A contract of insurance consists of all of the following:
(a) a Contract of Insurance in Form 1;
(b) a completed application form filed under Section 4;
(c) a copy of the applicable plan or plans;
(d) a copy of these regulations.
(3) A Contract of Insurance in Form 1 must be signed on behalf of the Commission by
the Executive Secretary or an authorized member of the Commission, and
countersigned by an authorized representative of the Commission.
(4) If a document referred to in subsection (2) is subsequently amended while the
contract of insurance is still in force, the contract of insurance remains in force as
amended, and a copy of the amendment must be delivered to the insured person.
Arbitration
7 (1) If the Commission and an insured person fail to resolve a dispute arising out of a loss
adjustment under a contract of insurance, and the insured person has filed a proof of
loss form as required by their contract of insurance, either party may request that the
dispute be determined by arbitration in accordance with the Arbitration Proceedings
Regulations made under the Crop and Livestock Insurance Act.
(2) A request for arbitration must be made by notice in writing to the other party and to
the Crop and Livestock Insurance Arbitration Board no later than 90 days after the
end of the crop year in which the loss occurred.
8 [repealed]
Form 1: Contract of Insurance
Crop and Livestock Insurance Act, clause 6(1)(d)
General Crop Insurance Plans Regulations, clause 6(2)(a)
Contract of Insurance (“Contract”)
Contract #:
Between:
The Nova Scotia Crop and Livestock Insurance Commission
(the “Commission”)
of the first part
- and -
, of , in the County of ,
Nova Scotia, (the “Insured Person”)
of the second part
Whereas the Crop and Livestock Insurance Act (the “Act”) gives the Commission the power to
administer insurance plans established by regulation for designated insurable crops;
And whereas the plan for an insurable crop (the “Plan”) provides for insurance against a loss in
the production of that crop resulting from one or more of the perils designated in the Plan;
And whereas the Commission and the Insured Person have entered into this Contract of
Insurance to insure the crops offered by the Insured Person and accepted by the Commission for
insurance (the “Insured Crops”) in each crop year while this Contract is in force, in accordance
with the applicable Plan or Plans and the General Crop Insurance Plans Regulations made
under the Act (the “Regulations”);
Now therefore, subject to the Act, the Regulations, the applicable Plan or Plans, and the
conditions set forth in this Contract, if in a crop year the Insured Person suffers loss of or
damage to an Insured Crop from one or more of the perils designated in the applicable Plan or
Plans, the Commission agrees to indemnify the Insured Person in respect of the loss.
Terms and Conditions
Extent of coverage
1 (1) This Contract applies to the area of each Insured Crop, as specified in the Certificate
of Insurance issued by the Commission to the Insured Person in each crop year.
(2) This Contract does not apply to acreage
(a) that has not been adequately prepared or managed for cropping purposes;
(b) that was seeded or planted after the final date specified for that purpose in the
applicable Plan;
(c) that was seeded or planted to a variety of crop that is not accepted by the
Commission;
(d) on which the crop is a volunteer crop; or
(e) that in the Commission’s opinion is not insurable.
1A [repealed]
Causes of loss or damage not insured against
2 (1) This Contract does not insure against, and no indemnity is payable in respect of, loss
or damage to an Insured Crop if the Commission determines that the damage or loss
resulted from
(a) the negligence or misconduct of the Insured Person or an agent or employee of
the Insured Person; or
(b) a peril other than a peril designated in the applicable Plan.
(2) Unless provided in the applicable Plan, no indemnity is payable for storage losses
after harvest.
Duration of contract
3 Unless otherwise provided in the applicable Plan, this Contract is in force for the crop year
for which it is made and continues in force for each crop year after that, until it is
cancelled or terminated in accordance with Section 4 or 5.
Cancelling insurance
4 (1) Insurance under this Contract may be cancelled
(a) by the Insured Person or the Commission by notice in writing to the other
party no later than the date specified in the applicable Plan for the crop year for
which the cancellation is to be effective; or
(b) as otherwise provided in the applicable Plan.
(2) The Commission may cancel insurance under this Contract at any time by notice in
writing to the Insured Person if the Insured Person is in arrears in paying any
premium required for that insurance.
(3) If the Insured Person is covered under more than one Plan by this Contract,
(a) insurance under one or more of those Plans may be cancelled in accordance
with this Section;
(b) if the insurance under any of those Plans is cancelled, the insurance not
cancelled remains in effect under this Contract; and
(c) if the insurance under all of those Plans is cancelled, this Contract is also
cancelled.
Contract terminates on bankruptcy or death
5 (1) This Contract terminates at the end of any crop year in which the Insured Person
makes an authorized assignment under the Bankruptcy Act (Canada).
(2) This Contract terminates at the end of the crop year in which the Insured Person
dies, but the Commission may extend this Contract to the estate of the Insured
Person at the request of a person who is a personal representative of the Insured
Person within the meaning of the Probate Act.
Actions that will invalidate claim
6 A claim by the Insured Person under this Contract will be invalid and their right to recover
the indemnity forfeited if the Insured Person does any of the following:
(a) in their application for insurance and any information provided to the
Commission,
(i) gives false particulars to the prejudice of the Commission, or
(ii) knowingly misrepresents or fails to disclose information required by the
Commission;
(b) contravenes a term or condition of this Contract;
(c) commits a fraud;
(d) willfully makes a false statement in respect of the claim.
Interest of insured person deemed to be full value of coverage
7 Even if a person other than the Insured Person holds an interest of any kind in an Insured
Crop, for the purposes of this Contract,
(a) the interest of the Insured Person is deemed to be the full value of the total
coverage provided; and
(b) unless the Insured Person makes an assignment under Section 8, no indemnity
will be paid to any person other than the Insured Person.
Insured Person may assign right to be indemnified
8 The Insured Person may assign all or part of their right to be indemnified under this
Contract, but an assignment is not binding on the Commission and no payment of
indemnity will be made to an assignee unless
(a) the assignment is made on a form provided by the Commission; and
(b) the Commission consents to the assignment in writing.
Notice of loss or damage
9 (1) Subject to any specific provisions in the applicable Plan, if there is loss of or damage
to an Insured Crop and the Insured Person intends to abandon or destroy the Insured
Crop, or to reseed or use the seeded acreage for another purpose, the Insured Person
must notify the Commission in writing of their intention and must take no further
action without the consent in writing of the Commission.
(2) If loss of or damage to an Insured Crop occurs at a readily ascertainable time in the
field or, if provided for in the applicable Plan, in storage, the Insured Person must
notify the Commission in writing within 5 days of that time or as otherwise provided
in the applicable Plan.
(3) If there is loss of or damage to an Insured Crop and it appears to the Insured Person
that the potential production of the Insured Crop will be less than the total
guaranteed production, the Insured Person must notify the Commission in writing
early enough before the harvesting of the Insured Crop to enable the Commission to
make a pre-harvest inspection of the Insured Crop.
(4) Despite any notice given by the Insured Person under this Section, the Insured
Person must notify the Commission in writing within 5 days of completing the
harvesting of an Insured Crop if, on completing the harvesting
(a) the actual production is less than the total guaranteed production; and
(b) the loss in production resulted from one or more of the perils insured against.
Abandonment, destruction or alternate use
10 Subject to any specific provisions in the applicable Plan,
(a) no acreage seeded to an Insured Crop may be put to another use and no
Insured Crop may be abandoned or destroyed until the Commission has
appraised the potential production of the acreage; and
(b) an appraisal made under clause (a) will not be taken into account in the final
adjustment of loss if the Insured Person harvests the appraised acreage.
Notice of claim
11 (1) A claim for indemnity under this Contract must be filed with the Commission on a
proof of loss form provided by the Commission.
(2) A proof of loss form must be filed no later than
(a) 30 days after the earlier of
(i) the completion of harvesting of the Insured Crop, and
(ii) the end of the crop year in which the loss occurred; or
(b) the date specified in the applicable Plan.
(3) Except as provided in subsection (4), a claim for indemnity must be made by the
Insured Person.
(4) A claim for indemnity may be made
(a)in the absence or inability of the Insured Person, by their agent; or
(b) in the absence or inability of the Insured Person, or on their failure or refusal to
do so, by an assignee under an assignment made in accordance with Section 8.
Adjustment of loss
12 (1) The indemnity payable for loss of or damage to an Insured Crop will be determined
in the manner specified in the applicable Plan.
(2) The Commission may cause the actual production and any loss to be appraised by
any method it considers proper.
(3) The Commission reserves the right to not pay an indemnity in respect of an Insured
Crop until the loss or damage has been seen and confirmed by a field agent or other
person designated by the Commission.
(4) No indemnity will be paid for a loss in respect of an Insured Crop unless the Insured
Person establishes
(a) the actual production obtained from the Insured Crop for the crop year; and
(b) that the loss in production in the crop year resulted directly from one or more
of the perils insured against.
(5) The loss of any Insured Crop and the amount of indemnity payable will be
determined separately for each Insured Crop unless otherwise provided in the
applicable Plan.
Other compensation payments
13 If a claim is made under this Contract, the Commission is liable only to the extent of the
indemnity payable under the applicable Plan and is not liable for any additional
compensation or reimbursement that may be claimed by the Insured Person or any other
person with respect to the Insured Crop, including reimbursement for salvage expenses.
Payment of indemnity
14 (1) No indemnity under this Contract becomes due and payable until the end of the crop
year in which the loss or damage occurred.
(2) If an indemnity becomes due and payable under this Contract and the Insured Person
has not yet paid a premium or other outstanding sum owed to the Commission, the
Commission may deduct the amount of that premium or other sum from the
indemnity to be paid to the Insured Person.
(3) Before the Commission pays an indemnity under this Contract, the Insured Person
must file a claim release with the Commission, on a claim release form provided by
the Commission.
Subrogation
15 If the Commission pays an indemnity to the Insured Person or their assignee, all rights of
the Insured Person or their assignee to claim against any other party responsible for the
loss or damage to the extent of the amount of the indemnity paid are hereby assigned to
the Commission, and the Commission may claim against that party for the full amount
paid in the name of the Insured Person.
Access to records
16 At any time, the Commission may require the Insured Person to keep or cause to be kept
any records of crop production and crop sales and other crop uses that the Commission
specifies, and the Insured Person must make the records available to the Commission on
demand.
Right of entry
17 (1) The Commission has a right of entry to the premises of the Insured Person that may
be exercised by agents of the Commission at any reasonable time for any purpose
related to this Contract.
(2) The Insured Person must allow the Commission to enter their premises when the
Commission exercises its right of entry under this Section.
Notice
18 (1) Written notice to the Commission must be given by personal delivery or by mail to
the Commission.
(2) Written notice to the Insured Person must be given by personal delivery or by mail
addressed to the Insured Person at the most recent mailing address shown in the
Commission’s records for the Insured Person.
Waiver or alteration
19 No term or condition of this Contract will be considered waived or altered in whole or in
part by the Commission unless the waiver or alteration is clearly expressed in writing and
signed by the Commission or a representative authorized for that purpose by the
Commission.
IN WITNESS WHEREOF, the Nova Scotia Crop and Livestock Insurance Commission has
caused this Contract of Insurance to be signed by the Executive Secretary/an authorized
member of the Commission and countersigned by a duly authorized representative of the
Commission.
Signed, countersigned and dated at ____________________ on __________________,
20____.
Countersigned Nova Scotia Crop and Livestock
Insurance Commission
_______________________________ per:_______________________________
(name of authorized representative) (name)
(title) (title)
Legislative History
Reference Tables
General Crop Insurance Plans
Regulations
|
N.S.
Reg.
7/2012
|
Crop and Livestock Insurance Act
|
Note: The information in these tables does not form part of the regulations
and is compiled by the Office of the Registrar of Regulations for reference
only. |
Source Law
The current
consolidation of the General Crop
Insurance Plans Regulations made under
the Crop and Livestock Insurance
Act includes all of the following regulations:
|
|
|
|
7/2012
|
Jan 10, 2012 |
date specified |
Jan 27, 2012 |
52/2016 |
Mar
29, 2016
|
date specified
|
Apr
15, 2016
|
103/2018 |
Jul 3,
2018
|
date
specified
|
Jul
20, 2018
|
|
|
|
|
|
|
|
|
The following regulations are not yet in
force and are not included in the current consolidation:
*See subsection 3(6) of the Regulations
Act for rules about in force dates of regulations.
Amendments by
Provision
ad. = added
am. = amended |
fc. = fee change
ra. = reassigned |
rep. = repealed
rs. = repealed and substituted |
|
|
1 ....................................................... |
am. 103/2018 |
2(2)................................................... |
am. 103/2018 |
3........................................................ |
rs. 103/2018 |
8........................................................ |
ad. 52/2016; rep. 103/2018
|
Form 1.............................................. |
am. 103/2018 |
Form 1, Section 1A.......................... |
ad. 52/2016; rep. 103/2018
|
|
|
|
|
Note that changes to
headings are not included in the above table.
Editorial Notes and Corrections:
Repealed and Superseded:
|
|
|
|
|
|
|
|
14/1969 |
General
Field Crop Insurance Regulations
|
Mar 4,
1969
|
Jan
10, 2012
|
Note: Only regulations that are specifically repealed and replaced appear in
this table. It may not reflect the
entire history of regulations on this subject matter.