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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

as amended up to O.I.C. 2018-175 (effective July 3, 2018), N.S. Reg. 115/2018

 


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.

 

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).

 

       (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5     [repealed]

 

6     [repealed]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 1 in a crop year are eligible for coverage in the fall of that crop year if their total terminal growth exceeds 46 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.

 

       (2)    The premium determined under subsection (1) 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]

 

 


 

Legislative History
Reference Tables

Crop and Livestock Insurance Plan for Trees

N.S. Reg. 14/1995

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 and Livestock Insurance Plan for Trees 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

14/1995

Jan 24, 1995

date made

Feb 17, 1995

47/1997

May 6, 1997

date made

May 23, 1997

40/2003

Feb 21, 2003

date specified

Mar 7, 2003

135/2006

Jul 24, 2006

date specified

Aug 18, 2006

18/2012

Jan 10, 2012

date specified

Jan 27, 2012

115/2018

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. 18/20121

2A defn. of “terms and conditions of the Contract of Insurance”.............

ad. 18/2012; am. 115/2018

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

rs. 135/2006; rep. 18/2012

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

rs. 135/2006; rep. 18/2012

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

rs. 18/20122; ra. from 8 115/2018

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

ra. as 7 115/2018

9 .......................................................

rs. 135/2006

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

rs. 135/2006

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

rs. 40/2003

10(2)............................................

am. 18/2012

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

rs. 135/2006

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

rs. 18/2012

14......................................................

rs. 47/1997, 135/2006; rep. 18/2012

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

Editorial Notes and Corrections:

 

Note

Effective
date

1

Title amended from The Nova Scotia Crop and Livestock Insurance Plan for Tree Insurance.

 

2

Section 8 as added by N.S. Reg. 18/2012 renumbered Section 7 for the purposes of this consolidation. (Corrected by N.S. Reg. 115/2008.) 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

267/1983

Nova Scotia Plan for Tree Insurance Endorsement

Dec 20, 1983

Feb 5, 1988

26/1985

Nova Scotia Plan for Tree Insurance Endorsement

Feb 5, 1988

May 8, 1990

133/1990

Nova Scotia Plan for Tree Insurance Endorsement

May 8, 1990

Jan 24, 1995

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.