This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © , Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


Crop Insurance Plan for Vegetables

made under Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2000-571 (effective April 1, 2000), N.S. Reg. 192/2000

amended to O.I.C. 2018-175 (effective July 3, 2018), N.S. Reg. 116/2018


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

Final seeding report

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 Vegetables.


Purpose

2     The purpose of this plan is to provide for insurance against a reduction in yield of vegetables resulting from one or more of the perils designated in Section 4.


Interpretation

3     In this plan,

 

“Act” means the Crop and Livestock Insurance Act;

 

“average insurable yield” means the average insurable yield of an insurable vegetable crop determined in accordance with subsection 9A(3);

 

“final acreage declaration” means a signed declaration of cropping intentions submitted to the Commission by an insured person pursuant to Section 14;

 

“insurable crop” means any crop of vegetables that has been planted by an insured person in a crop year;

 

“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;

 

“vegetables” means all cultivars of broccoli, Brussels sprouts, cauliflower, cabbage, fresh carrots, lettuce, onions, parsnips, processing carrots, rutabagas, and winter squash produced in Nova Scotia, that are recommended by the Department of Agriculture.


Designation of perils

4     The following are designated as perils for vegetables:

 

                (a)    frost;

 

                (b)    hail;

 

                (c)    disease;

 

                (d)    drought;

 

                (e)    excessive moisture;

 

                (f)    off crop due to adverse weather;

 

                (g)    wind;

 

                (h)    insects;

 

                (i)     wildlife.


Designation of crop year

5     The crop year for vegetables is the period from March 15 in any year to November 15 of the same 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 before March 15 in advance of the crop year for which the cancellation is to be effective.


Coverage

9     (1)    All the area of each type of vegetable owned or operated by an insured person and to be harvested is eligible to be offered for insurance coverage.

 

       (2)    If an insured person offers an area of vegetables for insurance coverage, the entire area of that vegetable type must be offered for insurance coverage.

 

       (3)    The Commission may insure all or part of an area of vegetables offered for insurance coverage.

 

       (4)    On written application by an insured person, the Commission may insure a vegetable 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 vegetable crop for the purpose of determining the guaranteed production for that crop in a crop year.

 

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

 

       (3)    The average insurable yield of an insurable vegetable 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 vegetable 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 shall 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 under subsections (1) to (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 August 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.


Final seeding report

14   (1)    No later than 10 days after the final planting date, an insured person must file a final seeding report with the Commission on a seeding report form provided by the Commission for this purpose.

 

       (2)    The final seeding report filed with the Commission must not be amended by an insured person without the written consent of the Commission.

 

       (3)    The Commission may revise the final seeding report and adjust the premium accordingly, and shall notify an insured person in writing of any revision and adjustment.

 

 

       (4)    An insured person is deemed to have agreed with the Commission’s revision and adjustment under subsection (3) unless the insured person notifies the Commission in writing no later than 10 days after the date the notification is mailed or delivered by the Commission that the insured person rejects the revision and adjustment.

 

       (5)    After receiving notice from an insured person under subsection (4), the Commission may decide that the contract of insurance does not apply for the crop year in which the final seeding report was filed, and it shall notify the insured person in writing and refund any premium deposit paid for that crop year.

 

       (6)    If no notice of rejection is provided under subsection (4), a final seeding report revised under subsection (3) constitutes the final report for the crop year.

 

       (7)    If an insured person fails to file a final seeding report in any crop year, the Commission may do 1 of the following:

 

                (a)    prepare the final seeding report;

 

                (b)    deem the insured area to be nil.

 

       (8)    The Commission shall mail or deliver a copy of any report prepared under subsection (7) to the insured person and the insured person shall pay the premium for the crop year for which the report was prepared.


Incorrect acreage

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

 

       (2)    Despite Section 9, where the actual measured acreage of vegetables 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 9, where the actual acreage of vegetables in a crop year exceeds the insured acreage, the measured area yield will be pro-rated to the insured acres in calculating indemnity payable.


Harvesting

16   All acreage of vegetables shall be harvested unless the Commission gives consent pursuant to clause 20(b).

 

17   [repealed]


Final harvest date

18   (1)    The Commission shall establish and maintain a schedule of final harvest dates for each insurable crop and shall provide these dates to an insured person before the start of each crop year.

 

       (2)    Any part of an insured crop that has not been harvested before the final harvest date established pursuant to subsection (1), shall cease to be eligible for insurance coverage unless it can be established that the harvest of that crop was delayed due to a peril designated in Section 4.


Harvest yield report

19   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

20   The reduction in yield of an insured crop in a crop year and the indemnity payable shall be determined as follows:

 

                (a)    where 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; or

 

                (b)    where 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.

 

21   [repealed]

 

22   [repealed]

 


 

Legislative History
Reference Tables

Crop Insurance Plan for Vegetables

N.S. Reg. 192/2000

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 Vegetables 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

192/2000

Apr 1, 2000

date specified

Dec 15, 2000

41/2003

Feb 21, 2003

date specified

Mar 7, 2003

68/2003

Mar 28, 2003

date specified

Apr 18, 2003

140/2004

Apr 1, 2004

date specified

Apr 30, 2004

136/2006

Jul 24, 2006

date specified

Aug 18, 2006

27/2009

Feb 3, 2009

date specified

Feb 13, 2009

19/2012

Jan 10, 2012

date specified

Jan 27, 2012

116/2018

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. 19/20122

3 .......................................................

am. 19/2012 (clause lettering removed)

3, defn. of “Act”..........................

ad. 19/2012

3(a) defn. of “average insurable yield”........................................

rs. 136/2006

3(b) defn. of “contract of insurance”................................

rs. 136/2006

3, defn. of “contract of insurance”................................

rep. 19/2012

3, defn. of “terms and conditions of the Contract of Insurance”...

ad. 19/2012; am. 116/2018

3, defn. of “vegetables”..............

am. 116/2018

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

rs. 136/2006; rep. 19/2012

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

rs. 136/2006; rep. 19/2012

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

rs. 19/2012

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

rs. 136/2006, 27/2009, 19/2012

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

ad. 136/2006

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

rs. 136/2006

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

rs. 41/2003

12......................................................

rs. 136/2006

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

rs. 41/2003, 68/2003, 140/2004

12(5)............................................

am. 19/2012

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

rs. 116/2018

17......................................................

rep. 19/2012

19......................................................

rs. 136/2006, 27/2009, 19/2012

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

rs. 136/2006

21(1)............................................

rs. 27/2009, 19/2012

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

rs. 136/2006

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

Editorial Notes and Corrections:

 

Note

Effective
date

1

The reference to the Department of Agriculture and Marketing in Section 3 should be read as a reference 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. (Corrected by N.S. Reg. 116/2018).

Feb 24, 2006

2

Title amended from Nova Scotia Crop and Livestock Plan for Vegetables.

 

 

 

 

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.