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Crop Insurance Plan for Blueberries

made under Section 6 of the

Crop and Livestock Insurance Act

R.S.N.S. 1989, c. 113

O.I.C. 2002-487 (effective November 1, 2002), N.S. Reg. 134/2002

amended to O.I.C. 2018-175 (effective July 3, 2018), N.S. Reg. 105/2018


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

Purpose

Interpretation

Designation of perils

Designation of crop year

Deadline for notice of cancellation of insurance

Coverage

Total guaranteed production

Established prices

Maximum indemnity

Premium

Incorrect acreage

Harvesting

Final date for harvest

Harvest yield report

Evaluation of loss


 

Citation

1     This plan may be cited as the Crop Insurance Plan for Blueberries.


Purpose

2     The purpose of this plan is to provide for insurance against a reduction in yield of blueberries, resulting from 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 blueberry crop determined in accordance with subsection 10(3);

 

“designated perils” means the perils designated in Section 4 for the purpose of this plan;

 

“highbush blueberries” means all highbush blueberries of any variety that are produced in Nova Scotia and accepted by the Commission for insurance coverage;

 

“lowbush blueberries” means all lowbush blueberries produced in Nova Scotia that are accepted by the Commission for insurance coverage;

 

“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.

 

       (2)    For the purpose of this plan, a pint of highbush blueberries weighs 14 ounces.


Designation of perils

4     The following are designated as perils for blueberries:

 

                (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 any adverse weather not described in the other designated perils;

 

                (i)     wind;

 

                (j)     insects;

 

                (k)    plant disease; and

 

                (l)     wildlife for which there is no known control.


Designation of crop year

5     The crop year for blueberries is the period from December 1 in any year to September 15 in the following year, except that for Kings County the crop year is the period from December 1 in any year to September 25 in 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 December 15 of the crop year for which the cancellation is to be effective.


Coverage

9     (1)    All acreage of blueberries owned or operated by an insured person and to be harvested shall be offered for insurance coverage.

 

       (2)    The Commission may insure all or part of the acreage of blueberries offered for insurance coverage.

 

       (3)    Upon application in writing by an insured person, the Commission may insure a blueberry crop on the basis of variety, area, agronomic practice or specified perils.


Total guaranteed production

10   (1)    An insured person shall select a coverage level of 70%, 80%, 85% or 90% of the average insurable yield of an insurable blueberry crop for the purpose of determining the guaranteed production for that crop in a crop year.

 

       (2)    The total guaranteed production for an insured blueberry crop shall be determined by multiplying the selected coverage level by the average insurable yield for the total area of that insured blueberry crop.

 

       (3)    The average insurable yield of an insurable blueberry 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 shall establish price options for each insurable blueberry crop and shall announce these options to insured persons before the beginning of the crop year.

 

       (2)    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.


Maximum indemnity

12   The maximum indemnity for which the Commission is liable under a contract of insurance shall be the amount obtained by multiplying the total guaranteed production by the established price selected pursuant to subsection 11(2).


Premium

13   (1)    The base premium rate shall be based on a methodology set by an actuary and approved by the Commission.

 

       (2)    The base rate shall be adjusted by giving a discount when indemnity is less than total premiums paid or adding a surcharge when indemnity exceeds total premiums, and adjustments will be calculated using the following formula:

 

(LR-1) x (n ÷ (20 + n))

 

where “LR” equals total indemnity divided by total premiums and “n” equals the number of years insured in plan.

 

       (3)    The maximum discount determined pursuant to subsection (2) shall be 50% and the maximum surcharge determined pursuant to subsection (2) shall be 100%.

 

       (4)    The premium adjustments determined pursuant to subsections (2) and (3) may be further reduced based on the number of acres insured and the premium adjustment calculation from subsection (2), as follows:


Acres

Premium adjustment determined pursuant

to subsections (2) and (3)

.99 - .90

.89 - .80

.79 - .70

.69 - .60

.59 - .50

50 to 99

0

0

5%

10%

15%

100 to 199

0

5%

10%

15%

20%

200 to 399

5%

10%

15%

20%

25%

400 +

10%

15%

20%

25%

30%

 

       (5)    Despite subsections (1) to (4), the minimum annual premium payable by an insured person in each crop year is $50.

 

       (6)    The premium determined pursuant to subsections (1) to (4) includes premium payments made by the Government of Canada under the Farm Income Protection Act (Canada) and the Province under the Act.

 

14   (1)    An insured person shall pay the premium less the premium deposit 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 on an overdue account.


Incorrect acreage

15   (1)    The Commission may measure the insured acreage by any method that it considers appropriate.

 

       (2)    Despite Section 10, where the actual measured acreage of blueberries in a crop year is less than the insured acreage, the total guaranteed production and the amount of insurance shall be reduced accordingly and no refund of premium shall be made.

 

       (3)    Despite Section 10, where the actual acreage of blueberries in a crop year exceeds the insured acreage, the yield will be pro-rated to the insured acreage in calculating indemnity payable.

 

16   [repealed]


Harvesting

17   All acreage of blueberries insured shall be harvested in a crop year unless the Commission consents in writing to a written request by the insured person to abandon or destroy any part of the insured crop.

 

18   [repealed]


Final date for harvest

19   The final date for harvest shall be the last day of the crop year or any other date as may be determined by the Commission, and the Commission may estimate a potential yield for any insured acreage not harvested by that date.


Harvest yield report

20   No later than 30 days after the completion of harvest, an insured person must file a harvest yield report on a harvest yield report form provided by the Commission for this purpose.


Evaluation of loss

21   For the purpose of determining the reduction in yield of an insured crop in a crop year and any indemnity payable

 

                (a)    when the actual production of the insured acreage is less than the total guaranteed production for the acreage, the adjustment of loss shall be calculated by multiplying the difference between the total guaranteed production and the actual production by the established price;

 

                (b)    when loss or damage occurs to an insured crop prior to the completion of harvest, the Commission may consent in writing to a written request to abandon any part of the insured acreage and the Commission shall determine the number of damaged acres and the potential production;

 

                (c)    the actual production of all acreage harvested to lowbush blueberries and the actual production of all acreage harvested to highbush blueberries shall be taken into account separately.

 

22   [repealed]

 

23   [repealed]

 

 


 

Legislative History
Reference Tables

Crop Insurance Plan for Blueberries

N.S. Reg. 134/2002

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 Crop Insurance Plan for Blueberries made under the Crop and Livestock Insurance Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

134/2002

Nov 1, 2002

date specified

Nov 15, 2002

58/2003

Mar 28, 2003

date specified

Apr 18, 2003

130/2004

Apr 1, 2004

date specified

Apr 30, 2004

126/2006

Jul 24, 2006

date specified

Aug 18, 2006

19/2009

Feb 3, 2009

date specified

Feb 13, 2000

8/2012

Jan 10, 2012

date specified

Jan 27, 2012

105/2018

Jul 3, 2018

date specified

Jul 20, 2018

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*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

Provision affected

How affected

3(1)(a)-(b).........................................

rs. 126/2006

3(1) clause letters.............................

rep. 8/2012

3(1) defn. of “Act”...........................

ad. 8/2012

3(1) defn. of “contract of insurance”

rep. 8/2012

3(1) defn. of “terms and conditions of the Contract of Insurance”.........

ad. 8/2012; am. 105/2018

5........................................................

rs. 19/2009

6........................................................

rs. 126/2006; rep. 8/2012

7........................................................

rs. 126/2006; rep. 8/2012

8........................................................

rs. 8/2012

9(2)...................................................

rs. 126/2006

9(3)...................................................

ad. 126/2006

10......................................................

rs. 126/2006

11......................................................

rs. 126/2006

11(1)............................................

rs. 58/2003

13(1).................................................

rs. 58/2003, 130/2004, 126/2006

13(5).................................................

am. 126/2006

16......................................................

rep. 8/2012

18......................................................

rep. 8/2012

20......................................................

rs. 126/2006, 19/2009

22......................................................

rs. 126/2006; rep. 8/2012

22(1)............................................

rs. 19/2009

23......................................................

rs. 126/2006; rep. 8/2012

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

 

 

 

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

62/1973

Nova Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Jul 17, 1973

Jul 23, 1974

67/1974

Nova Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Jul 23, 1974

Jun 15, 1976

51/1976

Nova Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Jun 15, 1976

Aug 5, 1980

130/1980

Nova Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Aug 5, 1980

May 18, 1982

110/1982

Nova Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

May 18, 1982

Jul 12, 1983

153/1983

Nova Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Jul 12, 1983

May 31, 1988

124/1988

Nova Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

May 31, 1988

Sep 12, 1988

204/1988

Nova Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Sep 12, 1988

Jun 20, 1989

86/1989

Nova Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Jun 20, 1989

Feb 13, 1990

54/1990

Nova Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Feb 13, 1990

Dec 8, 1992

264/1992

Nova Scotia Crop and Livestock Insurance Plan for Blueberries

Dec 8, 1992

Jan 3, 1995

6/1995

Nova Scotia Crop and Livestock Insurance Plan for Blueberries

Jan 3, 1995

Nov 1, 2002

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.