Poultry Insurance Plan
made under Section 6 of the
Crop and Livestock Insurance Act
R.S.N.S. 1989, c. 113
O.I.C. 2007-394 (effective July 13, 2007), N.S. Reg. 339/2007
amended to O.I.C. 2023-339 (effective November 28, 2023), N.S. Reg. 213/2023
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
Purpose
Definitions
Designation of perils
Application
Contract of insurance
Duration of contract
Placement report
Insurable value of poultry
Premium
Notice of presence of disease
Evaluation of loss
Broiler losses
Other flock losses
Final adjustment of loss
Maximum indemnity
Arbitration
Form 1 - Contract of Insurance - Poultry
Terms and Conditions
Insured animal(s)
Extent of insurance
Causes of loss not insured against
Waiver of alteration
Interest of other persons
Assignment or [of] right to indemnity
Notice of claim
Other compensation payments
Adjustment of loss
Proof of loss
Arbitration
Time for payment of indemnity
Subrogation
Right of entry
Death or assignment under the Bankruptcy Act
Notice
Cancellation
Citation
1 These regulations may be cited as the Poultry Insurance Plan.
Purpose
2 The purpose of this plan is to provide for insurance against a loss of poultry resulting from
the detection of a disease designated as a peril in Section 4.
Definitions
3 In this plan,
(a) “breeder” means a hen that is owned by a Nova Scotia farmer and grown in the
Province for the purpose of producing broiler or layer chicks;
(b) “breeder pullet” means a pullet that is owned by a Nova Scotia farmer and
grown in the Province for the purpose of producing replacement breeder stock;
(c) “broiler” means a chicken that is owned by a Nova Scotia farmer and grown in
the Province for the purpose of producing meat under a licence issued by the
Chicken Farmers of Nova Scotia in accordance with the Chicken Farmers of
Nova Scotia Regulations made under the Natural Products Act;
(d) “chicken” means any class of domestic fowl belonging to the species Gallus
domesticus;
(e) “commercial layer” means a hen that is purchased from a pullet grower, owned
by a Nova Scotia farmer and grown in the Province for the purpose of
producing eggs under a licence issued by the Nova Scotia Egg Producers in
accordance with the Nova Scotia Egg Producers’ Marketing Plan made under
the Natural Products Act;
(f) “disease” means a disease that is designated as an insurable peril in Section 4;
(g) “flock” means a group of chickens that are housed in a Nova Scotia farmer’s
facilities and are of the same age in weeks;
(h) “hen” means a female chicken;
(i) “integrated layer” means a hen owned by a Nova Scotia farmer that was raised
as a pullet by that farmer and grown in the Province for the purpose of
producing eggs under a licence issued by the Nova Scotia Egg Producers in
accordance with the Nova Scotia Egg Producers’ Marketing Plan made under
the Natural Products Act;
(j) “layer” means a laying hen that is 19 weeks of age or older;
(k) “layer pullet” means a replacement egg stock pullet that is owned by a Nova
Scotia farmer and grown in the Province under a permit issued by the Nova
Scotia Egg Producers in accordance with the regulations respecting pullets
made under the Natural Products Act;
(l) “poultry” means broilers, breeders, breeder pullets, layer pullets, commercial
layers and integrated layers;
(m) “production period” means
(i) for breeders and broilers, the period that begins on the day the breeders
or broilers are placed in a production facility and ends on the day they
are removed for processing,
(ii) for layers, the period that begins on the day the layers are placed in a
production facility and ends 52 weeks later, and
(iii) for pullets, the period that begins on the day the pullets are placed in the
production facility and ends when they are 19 weeks of age.
(n) “pullet” means a female chicken that is younger than 19 weeks of age and that
has been produced for the purpose of laying eggs for human consumption.
Designation of perils
4 For the purpose of this plan, the poultry livestock disease infectious laryngotracheitis (ILT)
is designated as an insurable peril.
Application
5 An application for a contract of insurance must be
(a) on a Contract of Poultry Insurance Application Form provided by the
Commission;
(b) accompanied by a premium deposit of at least $50; and
(c) filed with the Commission no later than 3 weeks before the applicant places a
flock in a production facility.
Contract of insurance
6 (1) A contract of insurance consists of all of the following:
(a) a signed contract of insurance in Form 1;
(b) a completed application filed in accordance with Section 5;
(c) a copy of this plan.
(2) If a document referred to in subsection (1) is amended while the contract of
insurance is in force, the contract remains in effect as amended and a copy of the
amendment must be delivered to the insured person.
(3) Before the Commission offers a contract of insurance to an applicant, the applicant
must submit an application in the form and manner prescribed by Section 5.
(4) The Commission may refuse to offer a contract of insurance to an applicant.
(5) If the Commission refuses to offer a contract of insurance to an applicant, the
Commission must refund the premium deposit, if any, that accompanied the
application.
Duration of contract
7 (1) A contract of insurance is in force for the production period for which it is made, and
continues in force for subsequent production periods until it is cancelled by the
insured person or the Commission in the manner prescribed by this Section.
(2) A contract of insurance may be cancelled by the insured person or the Commission
by notice in writing to the other party at least 3 weeks before the insured person
places a new flock in a production facility.
(3) If an insured person is in arrears in a premium payment, the Commission may cancel
the contract of insurance at any time by notice in writing.
Placement report
7A No later than 7 days before placing a new flock in a production facility, an insured person
must file a report with the Commission in a form determined by the Commission.
Insurable value of poultry
8 (1) The maximum insurable value of a broiler flock is based on the contract price per
kilogram of chicken and the average flock weight contracted to be grown under the
licence issued by the Chicken Farmers of Nova Scotia.
(2) The maximum insurable value of a non-broiler flock is based on a schedule of
values per bird.
(3) The Commission must set the schedule of values and announce it to all insured
persons before April 1 in each year.
Premium
9 (1) For each class of poultry insured under this plan, the base premium rate must be set
by the Commission and announced on or before April 1 in each year.
(2) The base premium rates must be applied to all insured flocks that are placed in a
production facility during the 12-month period from April 1 in a year to March 31 in
the following year.
(3) An insured person must pay the total premium for a production period, less any
premium deposit, to the Commission no later than 30 days after the insured person
places a flock of insurable poultry in a production facility.
Notice of presence of disease
10 (1) An insured person must notify the Commission in writing no later than 48 hours
after receiving confirmation of the presence of a disease in their insured flock.
(2) A notice of the presence of a disease must be accompanied by a written statement
from a veterinarian confirming the presence of the disease.
Evaluation of loss
11 To determine the indemnity payable for a loss in production of an insured flock, the
amount of the loss must be calculated in accordance with Section 12 or 13, and the final
adjustment of loss must be calculated in accordance with Section 14.
Broiler losses
12 (1) In this Section, “guaranteed production” of a broiler flock that has been placed in a
production facility means the total number of kilograms of broilers in the flock.
(2) On receiving notice under Section 10 of the presence of disease in an insured broiler
flock, the Commission may consent in writing to the destruction of the flock.
(3) If the Commission consents in writing to the destruction of an insured broiler flock
as a result of a designated peril, the amount of the loss is calculated by using the
following formula:
L = (P - M) I
in which
L = the loss
P = the guaranteed production for the flock
M = the allowance for normal mortality reported by the Chicken Farmers of Nova
Scotia
I = the insurable value per bird established under Section 8.
(4) If the Commission does not consent in writing to the destruction of an insured
broiler flock and the flock is processed, the amount of the loss is calculated by using
the following formula:
L = (P - M - A) I
in which
L = the loss,
P = the guaranteed production for the flock,
M = the allowance for normal mortality reported by the Chicken Farmers of
Nova Scotia,
A = the actual production for the flock, and
I = the insurable value per bird established under Section 8.
Other flock losses
13 (1) On receiving notice of the presence of a disease in an insured flock other than a
broiler flock under Section 10, the Commission may consent in writing to the
destruction of the flock.
(2) If the Commission consents in writing to the destruction of an insured flock other
than a broiler flock under subsection (1) as the result of a designated peril, the
amount of the loss must be calculated based on the week in the production cycle
during which the flock is destroyed, in accordance with the schedule of values per
bird established under Section 8.
Final adjustment of loss
14 (1) Subject to subsections (2) and (3) and Section 15, the indemnity payable to an
insured person in the final adjustment of loss is 90% of the amount of loss calculated
under Section 12 or 13.
(2) The Commission must determine a deductible amount to be applied in a final
adjustment of loss and must announce that deductible to all insured persons before
April 1 in each year.
(3) Before calculating the indemnity payable, the Commission must deduct any salvage
value arising out of the destruction of an insured flock.
Maximum indemnity
15 (1) The maximum indemnity for which the Commission is liable under a contract of
insurance is the insured value of the poultry less any payments received
(a) under the Health of Animals Act (Canada);
(b) for salvage; or
(c) from any agency other than the Commission.
(2) The Commission is not responsible for transportation costs for salvage, cleanup costs
or costs incurred by an insured person to support a claim.
(3) Indemnity payable by the Commission under this plan is limited to the extent of the
assets in the Livestock Insurance Fund Balance held by the Commission.
Arbitration
16 If the Commission and an insured person fails to resolve any dispute arising out of the
adjustment of loss under a contract of insurance, and the requirements of the regulations
made under the Crop and Livestock Insurance Act respecting the filing of a proof of loss
form are complied with, and either party wishes the dispute determined by arbitration, that
party must notify the other party and the Crop and Livestock Commission Arbitration
Board in writing no later than 90 days after the end of the insurance year in which the loss
occurred that they wish the dispute to be determined in accordance with the Arbitration
Proceedings Regulations made under the Crop and Livestock Insurance Act.
Form 1 - Contract of Insurance - Poultry
The Crop and Livestock Insurance Act
Contract of Insurance
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 insured person has applied for a Contract of Insurance under the Crop and
Livestock Insurance Act (“the Act”) and the Poultry Insurance Plan made under the Act (“the
Plan”) and has paid a premium in respect thereof;
Now therefore, subject to the Act and the Plan, where in a year the insured person suffers a loss
in the death of an insured animal(s) from one or more of the perils designated in the Plan, the
Commission, subject to the terms and conditions hereinafter set forth, agrees to indemnify the
insured person in respect of such loss.
Terms and Conditions
Insured animal(s)
1 In this contract, an insured animal(s) means an insurable animal(s) in respect of which the
Plan has been established.
Extent of insurance
2 (a) The insured person shall offer, for insurance purposes, all insurable animals for
which an application for Poultry Insurance is made.
(b) This contract does not apply to diseases other than those specified in the Plan,
notwithstanding the Commission may make exceptions to the exclusions.
Causes of loss not insured against
3 This contract does not insure against, and no indemnity shall be paid in respect of, a death
of an insured animal(s) resulting from
(a) negligence, misconduct, or poor animal husbandry practices of the insured
person or their agents or employees, or
(b) a peril other than a peril designated in the Plan.
Misrepresentation, violation of conditions or fraud
4 Where, in respect of an insured animal(s), the insured person
(a) in their application for insurance or registration form
(i) gives false particulars to the prejudice of the Commission, or
(ii) knowingly misrepresents or fails to disclose any fact required to be stated
therein:
(b) contravenes a term or condition of this contract;
(c) commits a fraud; or
(d) willfully makes a false statement in respect of any claim under this contract,
a claim by the insured person is invalid and their right to recover indemnity is forfeited. If
the insured person fails to observe and conform to any of the terms or conditions of this
policy, the policy is void.
Waiver of alteration
5 No term or condition of this contract or the Plan is deemed to be waived or altered in
whole or in part by the Commission unless the waiver or alteration is clearly expressed in
writing signed by the Commission or a representative authorized for that purpose by the
Commission.
Interest of other persons
6 Notwithstanding that a person other than the insured person holds an interest of any kind
in an insured animal, 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;
(b) except as provided in paragraph (7) no indemnity shall be paid to any person
other than the insured person;
(c) the insured person is not entitled to a claim from the Commission under more
than one policy of insurance in respect of an animal.
Assignment or [of] right to indemnity
7 The insured person may assign all or part of their right to indemnity under this contract,
but an assignment is not binding on the Commission and no payment of indemnity shall be
made to an assignee unless
(a) the assignment is made on a form provided by the Commission; and
(b) the Commission consents thereto in writing.
Notice of claim
8 (1) Where death or disease of an insured animal(s) results from one or more of the perils
insured against, the insured person shall notify the Commission as specified in the
Plan.
(2) The Commission, in respect of anything insured under this contract, is entitled to use
the name of the insured for the purpose of making any claim for damages against
any person or persons, company or companies or Government or for any other
purpose whatsoever connected with this contract and the Commission is also entitled
to enforce, for the benefit of the Commission, any order made for costs or otherwise
in connection with any such claims. The insured shall advise the Commission of any
claim, remedy or cause of action against any third party and shall not pursue any
such claim, remedy or cause without the Commission’s agreement thereto in writing.
Other compensation payments
9 If at the time of any claim under this contract there be any other compensation or salvage
payments upon an animal(s), hereby insured and claimed for, whether effected by the
insured person or any other person, the Commission is only liable according to the Plan.
Adjustment of loss
10 (1) The indemnity payable for death to an insured animal(s) shall be determined in the
manner prescribed by the regulations.
(2) The Commission may cause the claim to be appraised by any method that it
considers proper.
(3) No indemnity shall be paid in respect of an insured animal(s) unless the insured
person establishes the cause of loss being certified by a veterinarian.
Proof of loss
11 (1) A claim for indemnity shall be made on a Proof of Loss Form provided by the
Commission and shall be filed with the Commission no later than 60 days after the
date of death of the insured animal(s).
(2) Subject to subsection (3), a claim for indemnity shall be made by the insured person.
(3) A claim for indemnity may be made
(a) in the case of the absence or inability of the insured person, by the agent; or
(b) in the case of 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 7.
Arbitration
12 Where the Commission and the insured person fail to resolve any dispute respecting the
adjustment of a loss under this contract, the matter shall be determined in accordance with
the arbitration regulations.
Time for payment of indemnity
13 (1) Except as otherwise provided in the Plan, no indemnity under this contract becomes
due and payable until the end of the year in which the loss or damage was sustained.
(2) Where the indemnity payable by the Commission under this contract is established
by the filing of a Proof of Loss Form or by an award of an arbitrator or board of
arbitration, it shall be paid no later than 60 days after the date the Commission
receives the Proof of Loss Form or award, as the case may be.
(3) Nothing in this paragraph prevents the Commission from paying indemnity under
this contract at an earlier date.
Subrogation
14 Where the Commission has paid a claim under this contract, the Commission is
subrogated to the extent thereof to all rights of recovery of the insured person against any
person and may bring action for the full amount in the name of the insured person to
endorse those rights.
Right of entry
15 The insured shall permit the Commission or its agents right of entry to the premises to
view insured animal(s) and to furnish any information related to this contract, and shall
comply with requirements made by the Commission or by a veterinarian employed by it.
Death or assignment under the Bankruptcy Act
16 This contract terminates in respect of each insured animal at the end of the year in which
the death of the insured person occurs or an authorized assignment is made by the insured
person under the Bankruptcy Act (Canada).
Notice
17 (1) Any written notice to the Commission shall be given by delivery thereof or by
sending it by mail to the Commission.
(2) Written notice to the insured person shall be given by delivery thereof or by sending
it by mail, addressed to the insured person at their last post office address on file
with the Commission.
Cancellation
18 The Commission may at any time, by notice in writing to that effect sent to the insured
person under registered cover to the insured person’s last known address, cancel this
contract without reason assigned as from the date of such notice. Any such notice shall be
without prejudice to the rights of the insured person in respect of any prior happening and
the Commission will return to the insured person, on demand, that portion of the premium
corresponding to the unexpired period of this policy.
In witness thereof, the Nova Scotia Crop and Livestock Insurance Commission has caused this
Contract of Insurance to be signed by its Executive Secretary or any authorized member of the
Commission, but the same shall not be binding upon the Commission until countersigned by a
duly authorized representative thereof.
Countersigned and dated at on ___________________, 20__ .
_______________________________ ______________________________
Duly authorized representative Executive Secretary
The following regulations are not yet in force and are
not included in the current consolidation: