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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 the Registry that are not yet included in this consolidation.

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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 of raspberries 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 insurable raspberry 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 are recommended by the Department of Agriculture;

[Note: the reference to the Department of Agriculture and Marketing has been updated in accordance with Order 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 conditions set out in the Contract of Insurance in Form 1 to the General Field Crop Insurance Plans 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 determined pursuant 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 following year.

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 31 in 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 be harvested shall be offered for insurance coverage.

 

       (2)    The Commission may insure all or part of the acreage of raspberries offered for insurance 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 a raspberry 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 the average insurable yield of an insurable raspberry crop for the purpose of determining the guaranteed production for that crop in a crop year.

 

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

 

       (3)    The average insurable yield of an insurable raspberry 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.

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 insurable raspberry 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.

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 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.

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 less than total premiums paid or adding a surcharge when indemnity exceeds total premiums, 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 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 pursuant to subsections (1), (2), and (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 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 the Commission on an overdue account.

Incorrect acreage

14   (1)    Despite Section 9, when the actual measured acreage of raspberries 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.

 

       (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 the indemnity payable.

Harvesting

15   All acreage of an insured crop shall be harvested unless the Commission gives consent pursuant 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 the Commission.

Harvest yield report

18   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.

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 as follows:

 

                (a)    when 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 per pint.

 

                (b)    when 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.

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.

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