Crop Insurance Plan for Blueberries

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

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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 (November 1, 2002), N.S. Reg. 134/2002

as amended up to O.I.C. 2012-6 (January 10, 2012), N.S. Reg. 8/2012

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 ofblueberries, 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;

Definition added: O.I.C. 2012-6, N.S. Reg. 8/2012.

 

“average insurable yield” means the average insurable yield of an insurableblueberry crop determined in accordance with subsection 10(3);

Definition replaced: O.I.C. 2006-345, N.S. Reg. 126/2006.

 

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

 

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

 

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

 

“terms and conditions of the Contract of Insurance” means the terms and conditionsset out in the Contract of Insurance in Form 1 to the General Field Crop InsurancePlans Regulations made under the Act;

Definition added: O.I.C. 2012-6, N.S. Reg. 8/2012.

 

“total guaranteed production” means the total guaranteed production determinedpursuant to Section 10.

Subsection 3(1) amended: O.I.C. 2012-6, N.S. Reg. 8/2012.

 

       (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 designatedperils;

 

                (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 15in the following year, except that for Kings County the crop year is the period fromDecember 1 in any year to September 25 in the following year.

Section 5 replaced: O.I.C. 2009-32, N.S. Reg. 19/2009.

Section 6 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.

Section 7 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.

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 December15 of the crop year for which the cancellation is to be effective.

Section 8 and heading replaced: O.I.C. 2012-6, N.S. Reg. 8/2012.

Coverage

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

 

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

Subsection 9(2) replaced: O.I.C. 2006-345, N.S. Reg. 126/2006.

 

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

Subsection 9(3) added: O.I.C. 2006-345, N.S. Reg. 126/2006.

Total guaranteed production

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

 

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

 

       (3)    The average insurable yield of an insurable blueberry crop is the potential productionof that crop as determined by the Commission from the insured person’s yieldrecords, subject to a methodology developed by an actuary and approved by theCommission.

Section 10 replaced: O.I.C. 2006-345, N.S. Reg. 126/2006.

Established prices

11   (1)    For each crop year, the Commission shall establish price options for each insurableblueberry crop and shall announce these options to insured persons before thebeginning of the crop year.

 

       (2)    An insured person shall select one of the price options as the established price to beused for calculating premium and indemnity in their contract of insurance.

Section 11 replaced: O.I.C. 2006-345, N.S. Reg. 126/2006.

Maximum indemnity

12   The maximum indemnity for which the Commission is liable under a contract ofinsurance shall be the amount obtained by multiplying the total guaranteed production bythe 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 andapproved by the Commission.

Subsection 13(1) replaced: O.I.C. 2006-345, N.S. Reg. 126/2006.

 

       (2)    The base rate shall be adjusted by giving a discount when indemnity is less than totalpremiums paid or adding a surcharge when indemnity exceeds total premiums, andadjustments 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 thenumber of years insured in plan.

 

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

 

       (4)    The premium adjustments determined pursuant to subsections (2) and (3) may befurther reduced based on the number of acres insured and the premium adjustmentcalculation 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 insuredperson in each crop year is $50.

Subsection 13(5) amended: O.I.C. 2006-345, N.S. Reg. 126/2006.

 

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

 

14   (1)    An insured person shall pay the premium less the premium deposit to theCommission 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 anoverdue account.

Incorrect acreage

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

 

       (2)    Despite Section 10, where the actual measured acreage of blueberries in a crop yearis less than the insured acreage, the total guaranteed production and the amount ofinsurance 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 exceedsthe insured acreage, the yield will be pro-rated to the insured acreage in calculatingindemnity payable.

Section 16 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.

Harvesting

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

Section 18 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.

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 bedetermined by the Commission, and the Commission may estimate a potential yield forany 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 harvestyield report on a harvest yield report form provided by the Commission for this purpose.

Section 20 replaced: O.I.C. 2009-39, N.S. Reg. 19/2009.

Evaluation of loss

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

 

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

 

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

 

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

Section 22 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.

Section 23 repealed: O.I.C. 2012-6, N.S. Reg. 8/2012.