General Field Crop Insurance Plans Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/clifield.htm

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General Field Crop Insurance Plans Regulations
made under Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2012-6 (January 10, 2012), N.S. Reg. 7/2012

Citation

1     These regulations may be cited as the General Field Crop Insurance Plans Regulations.

Regulations apply to all plans

2     (1)    These regulations, including the terms and conditions set out in the Contract ofInsurance in Form 1, apply generally to all plans.

 

       (2)    If a plan is inconsistent with these regulations, including the terms and conditions setout in the Contract of Insurance in Form 1, these regulations prevail, unless expresslystated otherwise in these regulations.

Designation of insurable persons

3     A person who owns and operates or leases and operates a farm in the Province and whoproduces an insurable crop on the farm is designated as an insurable person for the purposeof a plan established for the insurable crop.

Application for insurance

4     (1)    To enter into a contract of insurance under a plan or plans, an insurable person mustapply to the Commission on a contract of insurance application form provided by theCommission.

 

(2)An application for a contract of insurance must be

 

                (a)    accompanied by a premium deposit of at least $50 for each plan under whichthe applicant is seeking insurance, or payment in the amount otherwisespecified in the plan or plans; and

 

                (b)    filed with the Commission

 

                         (i)     before the 1st day of the 1st crop year for which the contract of insuranceis to be in force; or

 

                         (ii)    no later than the date specified in the applicable plan.

Commission may refuse to make contract

5     (1)    The Commission may refuse to make a contract of insurance with an applicant forcrop insurance.

 

       (2)    If the Commission refuses to make a contract of insurance, it must refund to theapplicant the premium deposit or payment that accompanied the application.

Form and delivery of contract of insurance

6     (1)    On accepting an insurable person’s application for crop insurance, the Commissionmust deliver a copy of the contract of insurance to the insured person, and theinsured person is then deemed to have notice of and be bound by the terms andconditions of the contract.

 

(2)A contract of insurance consists of all of the following:

 

(a)a Contract of Insurance in Form 1;

 

(b)a completed application form filed under Section 4;

 

(c)a copy of the applicable plan or plans;

 

(d)a copy of these regulations.

 

       (3)    A Contract of Insurance in Form 1 must be signed on behalf of the Commission bythe Executive Secretary or an authorized member of the Commission, andcountersigned by an authorized representative of the Commission.

 

       (4)    If a document referred to in subsection (2) is subsequently amended while thecontract of insurance is still in force, the contract of insurance remains in force asamended, and a copy of the amendment must be delivered to the insured person.

Arbitration

7     (1)    If the Commission and an insured person fail to resolve a dispute arising out of a lossadjustment under a contract of insurance, and the insured person has filed a proof ofloss form as required by their contract of insurance, either party may request that thedispute be determined by arbitration in accordance with the Arbitration ProceedingsRegulations made under the Crop and Livestock Insurance Act.

 

       (2)    A request for arbitration must be made by notice in writing to the other party and tothe Crop and Livestock Insurance Arbitration Board no later than 90 days after theend of the crop year in which the loss occurred.

Form 1: Contract of Insurance

Crop and Livestock Insurance Act, clause 6(1)(d)

General Field Crop Insurance Plans Regulations, clause 6(2)(a)

Contract of Insurance (“Contract”) 

Contract #:

Between:

The Nova Scotia Crop and Livestock Insurance Commission

(the “Commission”)

                                                                                                                          of the first part

                - and -

                                           , of                        , in the County of ,

Nova Scotia, (the “Insured Person”)

                                                                                                                      of the second part

Whereas the Crop and Livestock Insurance Act (the “Act”) gives the Commission the power toadminister insurance plans established by regulation for designated insurable crops;

And whereas the plan for an insurable crop (the “Plan”) provides for insurance against a loss inthe production of that crop resulting from one or more of the perils designated in the Plan;

And whereas the Commission and the Insured Person have entered into this Contract ofInsurance to insure the crops offered by the Insured Person and accepted by the Commission forinsurance (the “Insured Crops”) in each crop year while this Contract is in force, in accordancewith the applicable Plan or Plans and the General Field Crop Insurance Plans Regulationsmade under the Act (the “General Regulations”);

Now therefore, subject to the Act, the General Regulations, the applicable Plan or Plans, andthe conditions set forth in this Contract, if in a crop year the Insured Person suffers loss of ordamage to an Insured Crop from one or more of the perils designated in the applicable Plan orPlans, the Commission agrees to indemnify the Insured Person in respect of the loss.

Terms and Conditions

Extent of coverage

1     (1)    This Contract applies to the area of each Insured Crop, as specified in the Certificateof Insurance issued by the Commission to the Insured Person in each crop year.

 

       (2)    This Contract does not apply to acreage

 

                (a)    that has not been adequately prepared or managed for cropping purposes;

 

                (b)    that was seeded or planted after the final date specified for that purpose in theapplicable Plan;

 

                (c)    that was seeded or planted to a variety of crop that is not accepted by theCommission;

 

                (d)    on which the crop is a volunteer crop; or

 

                (e)    that in the Commission’s opinion is not insurable.

Causes of loss or damage not insured against

2     (1)    This Contract does not insure against, and no indemnity is payable in respect of, lossor damage to an Insured Crop if the Commission determines that the damage or lossresulted from

 

                (a)    the negligence or misconduct of the Insured Person or an agent or employee ofthe Insured Person; or

 

                (b)    a peril other than a peril designated in the applicable Plan.

 

       (2)    Unless provided in the applicable Plan, no indemnity is payable for storage lossesafter harvest.

Duration of contract

3     Unless otherwise provided in the applicable Plan, this Contract is in force for the crop yearfor which it is made and continues in force for each crop year after that, until it iscancelled or terminated in accordance with Section 4 or 5.

Cancelling insurance

4     (1)    Insurance under this Contract may be cancelled

 

                (a)    by the Insured Person or the Commission by notice in writing to the otherparty no later than the date specified in the applicable Plan for the crop year forwhich the cancellation is to be effective; or

 

                (b)    as otherwise provided in the applicable Plan.

 

       (2)    The Commission may cancel insurance under this Contract at any time by notice inwriting to the Insured Person if the Insured Person is in arrears in paying anypremium required for that insurance.

 

       (3)    If the Insured Person is covered under more than one Plan by this Contract,

 

                (a)    insurance under one or more of those Plans may be cancelled in accordancewith this Section;

 

                (b)    if the insurance under any of those Plans is cancelled, the insurance notcancelled remains in effect under this Contract; and

 

                 (c)    if the insurance under all of those Plans is cancelled, this Contract is alsocancelled.

Contract terminates on bankruptcy or death

5     (1)    This Contract terminates at the end of any crop year in which the Insured Personmakes an authorized assignment under the Bankruptcy Act (Canada).

 

       (2)    This Contract terminates at the end of the crop year in which the Insured Persondies, but the Commission may extend this Contract to the estate of the InsuredPerson at the request of a person who is a personal representative of the InsuredPerson within the meaning of the Probate Act.

Actions that will invalidate claim

6     A claim by the Insured Person under this Contract will be invalid and their right to recoverthe indemnity forfeited if the Insured Person does any of the following:

 

                (a)    in their application for insurance and any information provided to theCommission,

 

                         (i)     gives false particulars to the prejudice of the Commission, or

 

                         (ii)    knowingly misrepresents or fails to disclose information required by theCommission;

                (b)    contravenes a term or condition of this Contract;

                (c)    commits a fraud;

                (d)    willfully makes a false statement in respect of the claim.

Interest of insured person deemed to be full value of coverage

7     Even if a person other than the Insured Person holds an interest of any kind in an InsuredCrop, for the purposes of this Contract,

 

                (a)    the interest of the Insured Person is deemed to be the full value of the totalcoverage provided; and

 

                (b)    unless the Insured Person makes an assignment under Section 8, no indemnitywill be paid to any person other than the Insured Person.

Insured Person may assign right to be indemnified

8     The Insured Person may assign all or part of their right to be indemnified under thisContract, but an assignment is not binding on the Commission and no payment ofindemnity will be made to an assignee unless

 

                (a)    the assignment is made on a form provided by the Commission; and

 

                (b)    the Commission consents to the assignment in writing.

Notice of loss or damage

9     (1)    Subject to any specific provisions in the applicable Plan, if there is loss of or damageto an Insured Crop and the Insured Person intends to abandon or destroy the InsuredCrop, or to reseed or use the seeded acreage for another purpose, the Insured Personmust notify the Commission in writing of their intention and must take no furtheraction without the consent in writing of the Commission.

 

       (2)    If loss of or damage to an Insured Crop occurs at a readily ascertainable time in thefield or, if provided for in the applicable Plan, in storage, the Insured Person mustnotify the Commission in writing within 5 days of that time or as otherwise providedin the applicable Plan.

 

       (3)    If there is loss of or damage to an Insured Crop and it appears to the Insured Personthat the potential production of the Insured Crop will be less than the totalguaranteed production, the Insured Person must notify the Commission in writingearly enough before the harvesting of the Insured Crop to enable the Commission tomake a pre-harvest inspection of the Insured Crop.

 

       (4)    Despite any notice given by the Insured Person under this Section, the InsuredPerson must notify the Commission in writing within 5 days of completing theharvesting of an Insured Crop if, on completing the harvesting

 

                (a)    the actual production is less than the total guaranteed production; and

 

                (b)    the loss in production resulted from one or more of the perils insured against.

Abandonment, destruction or alternate use

10   Subject to any specific provisions in the applicable Plan,

 

                (a)    no acreage seeded to an Insured Crop may be put to another use and noInsured Crop may be abandoned or destroyed until the Commission hasappraised the potential production of the acreage; and

 

                (b)    an appraisal made under clause (a) will not be taken into account in the finaladjustment of loss if the Insured Person harvests the appraised acreage.

Notice of claim

11   (1)    A claim for indemnity under this Contract must be filed with the Commission on aproof of loss form provided by the Commission.

 

       (2)    A proof of loss form must be filed no later than

 

                (a)    30 days after the earlier of

 

                         (i)     the completion of harvesting of the Insured Crop, and

 

                         (ii)    the end of the crop year in which the loss occurred; or

 

                (b)    the date specified in the applicable Plan.

 

       (3)    Except as provided in subsection (4), a claim for indemnity must be made by theInsured Person.

 

       (4)    A claim for indemnity may be made

 

(a)in the absence or inability of the Insured Person, by their agent; or

 

                (b)    in the absence or inability of the Insured Person, or on their failure or refusal todo so, by an assignee under an assignment made in accordance with Section7[8].

Adjustment of loss

12   (1)    The indemnity payable for loss of or damage to an Insured Crop will be determinedin the manner specified in the applicable Plan.

 

       (2)    The Commission may cause the actual production and any loss to be appraised byany method it considers proper.

 

       (3)    The Commission reserves the right to not pay an indemnity in respect of an InsuredCrop until the loss or damage has been seen and confirmed by a field agent or otherperson designated by the Commission.

 

       (4)    No indemnity will be paid for a loss in respect of an Insured Crop unless the InsuredPerson establishes

 

                (a)    the actual production obtained from the Insured Crop for the crop year; and

 

                (b)    that the loss in production in the crop year resulted directly from one or moreof the perils insured against.

 

       (5)    The loss of any Insured Crop and the amount of indemnity payable will bedetermined separately for each Insured Crop unless otherwise provided in theapplicable Plan.

Other compensation payments

13   If a claim is made under this Contract, the Commission is liable only to the extent of theindemnity payable under the applicable Plan and is not liable for any additionalcompensation or reimbursement that may be claimed by the Insured Person or any otherperson with respect to the Insured Crop, including reimbursement for salvage expenses.

Payment of indemnity

14   (1)    No indemnity under this Contract becomes due and payable until the end of the cropyear in which the loss or damage occurred.

 

       (2)    If an indemnity becomes due and payable under this Contract and the Insured Personhas not yet paid a premium or other outstanding sum owed to the Commission, theCommission may deduct the amount of that premium or other sum from theindemnity to be paid to the Insured Person.

 

       (3)    Before the Commission pays an indemnity under this Contract, the Insured Personmust file a claim release with the Commission, on a claim release form provided bythe Commission.

Subrogation

15   If the Commission pays an indemnity to the Insured Person or their assignee, all rights ofthe Insured Person or their assignee to claim against any other party responsible for theloss or damage to the extent of the amount of the indemnity paid are hereby assigned tothe Commission, and the Commission may claim against that party for the full amountpaid in the name of the Insured Person.

Access to records

16   At any time, the Commission may require the Insured Person to keep or cause to be keptany records of crop production and crop sales and other crop uses that the Commissionspecifies, and the Insured Person must make the records available to the Commission ondemand.

Right of entry

17   (1)    The Commission has a right of entry to the premises of the Insured Person that maybe exercised by agents of the Commission at any reasonable time for any purposerelated to this Contract.

 

       (2)    The Insured Person must allow the Commission to enter their premises when theCommission exercises its right of entry under this Section.

Notice

18   (1)    Written notice to the Commission must be given by personal delivery or by mail tothe Commission.

 

        (2)    Written notice to the Insured Person must be given by personal delivery or by mailaddressed to the Insured Person at the most recent mailing address shown in theCommission’s records for the Insured Person.

Waiver or alteration

19   No term or condition of this Contract will be considered waived or altered in whole or inpart by the Commission unless the waiver or alteration is clearly expressed in writing andsigned by the Commission or a representative authorized for that purpose by theCommission.

IN WITNESS WHEREOF, the Nova Scotia Crop and Livestock Insurance Commission hascaused this Contract of Insurance to be signed by the Executive Secretary/an authorizedmember of the Commission and countersigned by a duly authorized representative of theCommission.

Signed, countersigned and dated at ____________________ on __________________,20____.

 

Countersigned                                                  Nova Scotia Crop and Livestock

Insurance Commission

_______________________________           per:_______________________________

(name of authorized representative)                  (name)

(title)                                                                 (title)