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Crop Insurance Plan for Raspberries

made under Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 1999-440 (effective September 14, 1999), N.S. Reg. 90/1999

amended to O.I.C. 2018-175 (effective July 3, 2018), N.S. Reg. 110/2018


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 harvest date

Harvest yield report

Evaluation of loss


 

Citation

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


Purpose

2     The purpose of this plan is to provide for insurance against a reduction in yield of raspberries 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 raspberry crop determined in accordance with subsection 9A(3);

 

“raspberries” means all raspberry varieties produced in Nova Scotia that are recommended by the Department of Agriculture;

 

“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 guaranteed production as determined pursuant to Section 9.

 

       (2)    For conversion purposes, 1 pint of raspberries weighs 0.3402 kg (0.75 lbs. or 12 oz.) and 1 kg equals 2.2046 lbs.


Designation of perils

4     The following are designated as perils:

 

                (a)    winter injury;

 

                (b)    frost;

 

                (c)    hail;

 

                (d)    disease;

 

                (e)    drought;

 

                (f)    excessive moisture;

 

                (g)    unavoidable pollination failure;

 

                (h)    off crop due to adverse weather;

 

                (i)     wind;

 

                (j)     insects;

 

                (k)    wildlife.


Designation of crop year

5     The crop year is the period from November 1 in any year to October 31 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 October 31 in advance of the crop year for which the cancellation is to be effective.


Coverage

9     (1)    All acreage of raspberries 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 raspberries offered for insurance coverage.

 

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


Total guaranteed production

9A  (1)    An insured person shall select a coverage level of 70%, 80%, 85% or 90% of the average insurable yield of an insurable raspberry crop for the purpose of determining the guaranteed production for that crop in a crop year.

 

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

 

       (3)    The average insurable yield of an insurable raspberry 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

10   (1)    For each crop year, the Commission shall establish price options for each insurable raspberry 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

11   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 10(2).


Premium

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

 

       (2)    The base premium 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 the plan.

 

       (3)    Despite subsection (2) the maximum discount shall be 50% and the maximum surcharge shall be 100%.

 

       (4)    Despite subsections (1), (2) and (3), the minimum annual premium payable by an insured person in each crop year is $50.

 

       (5)    The premium determined pursuant to subsections (1), (2), and (3) includes premium payments made by the Government of Canada under the Farm Income Protection Act (Canada) and the Province under the Act.

 

13   (1)    An insured person shall pay the premium less any premium deposit to the Commission not later than July 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.


Incorrect acreage

14   (1)    Despite Section 9, when the actual measured acreage of raspberries 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.

 

       (2)    When the actual acreage of raspberries in a crop year exceeds the insured acreage, the measured area yield will be pro-rated to the insured acres in calculating the indemnity payable.


Harvesting

15   All acreage of an insured crop shall be harvested unless the Commission gives consent pursuant to clause 19(b).

 

16   [repealed]


Final harvest date

17   The final date for harvest shall be August 31, or any other date determined by the Commission.


Harvest yield report

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


Evaluation of loss

19   The reduction in yield in a crop year and the indemnity payable shall be determined as follows:

 

                (a)    when the actual production is less than the total guaranteed production, the adjustment of loss shall be calculated by subtracting the actual production from the total guaranteed production and multiplying the difference by the established price per pint.

 

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

 

20   [repealed]

 

21   [repealed]

 

 


 

Legislative History
Reference Tables

Crop Insurance Plan for Raspberries

N.S. Reg. 90/1999

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 Raspberries 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

90/1999

Sep 14, 1999

date made

Oct 8, 1999

35/2003

Feb 21, 2003

date specified

Mar 7, 2003

141/2004

Apr 1, 2004

date specified

Apr 30, 2004

130/2006

Jul 24, 2006

date specified

Aug 18, 2006

25/2009

Feb 3, 2009

date specified

Feb 13, 2009

13/2012

Jan 10, 2012

date specified

Jan 27, 2012

110/2018

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

1 .......................................................

rs. 13/2012

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

rs. 130/2006

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

rep. 13/2012

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

ad. 13/2012

3(1) defn. of “contract of insurance”

rep. 13/2012

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

am. 110/2018

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

ad. 13/2012; am. 110/2018

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

rs. 130/2006; rep. 13/2012

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

rs. 130/2006; rep. 13/2012

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

rs. 13/2012

9(2)-(3).............................................

rs. 130/2006

9A.....................................................

ad. 130/2006

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

rs. 130/2006

10(1)............................................

rs. 35/2003

12(1).................................................

rs. 35/2003, 141/2004, 130/2006

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

rep. 13/2012

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

rs. 130/2006, 25/2009

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

rs. 130/2006; rep. 13/2012

20(1)............................................

rs. 25/2009

21......................................................

rs. 130/2006; rep. 13/2012

28(1).................................................

rs. 21/2009

29......................................................

rs. 129/2006; rep. 12/2012

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

Editorial Notes and Corrections:

 

Note

Effective
date

 

The references to the Department of Agriculture and Marketing in section 3(1) should be read as references to the Department of Agriculture in accordance with Order in Council 2006-121 under the Public Service Act, R.S.N.S. 1989, c. 376.

Feb 24, 2006

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

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.