Crop Insurance Plan for Trees
made under Section 6 of the
Crop and Livestock Insurance Act
R.S.N.S. 1989, c. 113
O.I.C. 95-63 (effective January 24, 1995), N.S. Reg. 14/1995
amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 15/2024
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.
Definitions
Designation of perils
Designation of crop year
Deadline for notice of cancellation of insurance
Coverage
Eligibility
Premium
Coverage
Deadline for notice of damage
Evaluation of loss
1 This plan may be cited as the Crop Insurance Plan for Trees.
2 The purpose of this plan is to provide insurance for apple and pear trees damaged as a
result of one or more of the perils designated in Section 3 to the extent that it is necessary
to remove the apple or pear trees.
Definitions
2A In this plan,
“Act” means the Crop and Livestock Insurance Act;
“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.
Designation of perils
3 (1) The following are designated as perils for the purpose of this plan:
(a) wind;
(b) winter injury (excluding mouse damage);
(c) snow;
(d) ice;
(e) virus diseases;
(f) canker;
(g) fireblight (erwinia amylovora);
(h) wildlife (excluding mouse damage); and
(i) wildfire.
(2) Where an orchard has been infected with any of the diseases mentioned in clauses
3(1)(e), (f) or (g), the grower shall undertake appropriate sanitation or other control
procedures in order to maintain coverage under this endorsement in subsequent
years.
Designation of crop year
4 The crop year for tree insurance is the period from December 1 in any year to November
30 of the following year.
5 [repealed]
6 [repealed]
Deadline for notice of cancellation of insurance
7 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 before November 15 in
advance of the crop year for which the cancellation is to be effective.
Coverage
8 Insured persons who have coverage under the Tree Fruit Crop Insurance Plan are eligible
for tree insurance under this plan.
Eligibility
9 (1) The Commission shall determine the eligibility of trees for coverage under this plan.
(2) If an applicant has both apple and pear trees and does not wish to insure both kinds
of trees, only the trees making up the highest percentage of trees in the tree fruit
orchard are eligible for tree insurance under this plan.
(3) At the time of filing an application for tree insurance, the applicant shall indicate the
number of apple and pear trees owned or leased by the applicant.
(4) Trees planted before June 15 in a crop year are eligible for coverage in the fall of that
crop year if their total terminal growth exceeds 30 cm.
(5) A new grower who has immature trees that are not yet producing is eligible for tree
insurance under this plan if they own 500 trees or more.
Premium
10 (1) The base premium rate shall be based on a methodology set by an actuary and
approved by the Commission.
(1A) The base premium rate must be adjusted by a factor approved by the Commission in
consultation with an actuary.
(2) The premium determined under subsections (1) and (1A) includes premium
payments made by the Government of Canada under the Farm Income Protection
Act (Canada) and the Province under the Act.
Coverage
11 (1) For each crop year, the Commission shall establish insurable values for each
insurable tree, considering tree age and planting density, and shall announce these
values to insured persons before the beginning of the crop year.
(2) The Commission shall use the insurable values to calculate premium and indemnity
in contracts of insurance for insurable trees.
(3) If in a crop year the number of trees owned or leased by an insured person is greater
or less than the number of trees they had insured under this plan in the immediately
preceding crop year, the insured person shall report the change to the Commission.
Deadline for notice of damage
12 (1) For the purpose of subsection 9(2) of the terms and conditions of the Contract of
Insurance, an insured person under this plan must notify the Commission
immediately of tree damage from one or more of the insured perils.
(2) The insured person shall notify the Commission 10 days prior to the destruction or
removal of trees.
Evaluation of loss
13 (1) The Commission shall determine the indemnity payable for damage by a method that
it determines appropriate.
(2) No indemnity shall be paid for damage unless the insured person establishes that the
damage resulted directly from one or more of the insurable perils.
(3) No indemnity shall be paid unless damage to trees exceeds 3% (deductible) of the
insured number, causing removal due to insurable perils. The deductible shall be
applied separately relative to the number of apple trees insured and the number of
pear trees insured.
(4) In a crop year following a crop year in which the insured was indemnified for loss of
trees, the Commission may waive the deductible clause as it applies to trees which
have been identified by the Commission as having been injured by an insurable peril
in the previous crop year.
14 [repealed]
The following regulations are not yet in force and are
not included in the current consolidation: