Crop Insurance Plan for Raspberries

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

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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 (September 14, 1999), N.S. Reg. 90/99

as amended up to O.I.C. 2012-6 (January 12, 2012), N.S. Reg. 13/2012

Citation

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

Section 1 replaced: O.I.C. 2012-6, N.S. Reg. 13/2012.

Purpose

2     The purpose of this plan is to provide for insurance against a reduction in yield ofraspberries 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. 13/2012.

 

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

Definition replaced: O.I.C. 2006-345, N.S. Reg. 130/2006.

 

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

[Note: the reference to the Department of Agriculture and Marketing has been updated in accordance withOrder in Council 2006-121 under the Public Service Act, R.S.N.S. 1989, c. 376, effective February 24, 2006.]

 

“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. 13/2012.

 

“total guaranteed production” means the guaranteed production as determinedpursuant to Section 9.

Subsection 3(1) amended: O.I.C. 2012-6, N.S. Reg. 13/2012.

 

       (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)unavoidble 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 followingyear.

Section 6 repealed: O.I.C. 2012-6, N.S. Reg. 13/2012.

Section 7 repealed: O.I.C. 2012-6, N.S. Reg. 13/2012.

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 October 31in advance 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. 13/2012.

Coverage

9     (1)    All acreage of raspberries 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 raspberries offered forinsurance coverage.

Subsection (2) replaced: O.I.C. 2006-345, N.S. Reg. 130/2006.

 

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

Subsection (3) replaced: O.I.C. 2006-345, N.S. Reg. 130/2006.

Total guaranteed production

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

 

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

 

       (3)    The average insurable yield of an insurable raspberry 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 9A added: O.I.C. 2006-345, N.S. Reg. 130/2006.

Established prices

10   (1)    For each crop year, the Commission shall establish price options for each insurableraspberry 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 10 replaced: O.I.C. 2006-345, N.S. Reg. 130/2006.

Maximum indemnity

11   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 10(2).

Premium

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

Subsection 12(1) replaced: O.I.C. 2006-345, N.S. Reg. 130/2006.

 

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

 

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

 

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

 

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

 

13   (1)    An insured person shall pay the premium less any premium deposit to theCommission 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 theCommission on an overdue account.

Incorrect acreage

14   (1)    Despite Section 9, when the actual measured acreage of raspberries in a crop year isless than the insured acreage, the total guaranteed production and the amount ofinsurance 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 theindemnity payable.

Harvesting

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

Section 16 repealed: O.I.C. 2012-6, N.S. Reg. 13/2012.

Final harvest date

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

Harvest yield report

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

Section 18 replaced: O.I.C. 2009-39, N.S. Reg. 25/2009.

Evaluation of loss

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

 

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

 

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

Section 20 repealed: O.I.C. 2012-6, N.S. Reg. 13/2012.

Section 21 repealed: O.I.C. 2012-6, N.S. Reg. 13/2012.