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Crop Insurance Plan for Strawberries

made under Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 95-21 (January 3, 1995), N.S. Reg. 6/95

as amended up to O.I.C. 2012-334 (October 30, 2012), N.S. Reg. 202/2012

 

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

Section 1 replaced: O.I.C. 2012-6, N.S. Reg. 16/2012.

 

2     The purpose of this plan is to provide for insurance against a reduction in yield of strawberries in the first, second and third year of production, or in such manner as the Commission approves, 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. 16/2012.

 

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

 

“General Regulations” means the General Field Crop Insurance Plans Regulations made under the Act;

Definition added: O.I.C. 2012-6, N.S. Reg. 16/2012.

 

“strawberries” means varieties of strawberries accepted by the Commission for insurance coverage in either of the following 2 crop types:

 

                                  (i)     June-bearing,

 

                                  (ii)    day-neutral.

Definition replaced: O.I.C. 2012-334, N.S. Reg. 202/2012.

 

“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 Regulations.

Definition added: O.I.C. 2012-6, N.S. Reg. 16/2012.

Subsection 3(1) amended: O.I.C. 2012-6, N.S. Reg. 16/2012.

 

       (2)    For conversion purposes, a quart of strawberries weighs 0.6237 kg (1.375 lbs. or 22 oz.) and 1 kg equals 2.2046 pounds.

Section 3 replaced: O.I.C. 2006-345, N.S. Reg. 133/2006.

Designation of perils

4     The following are designated as perils for the purpose of this plan:

 

                (a)    winter injury;

                (b)    spring frost;

                (c)    hail;

                (d)    fall frost,

                         (i)     for June-bearing varieties, at any time during the crop year, and

                         (ii)    for day-neutral varieties, up to and including September 30;

Clause 4(d) replaced: O.I.C. 2012-334, N.S. Reg. 202/2012.

                (e)    drought;

                (f)    excessive moisture;

                (g)    unavoidable pollination failure;

                (h)    off crop due to adverse weather;

                (i)     wind;

                (j)     insects;

                (k)    wildlife;

                (l)     disease.

 

Designation of crop year

5     (1)    The crop year for strawberries is as follows:

 

                (a)    for June-bearing varieties, the period from September 1 in any year to August 31 in the next year;

 

                (b)    for day-neutral varieties, the period from April 1 in any year to September 30 in the same year.

Subsection 5(1) replaced: O.I.C. 2012-334, N.S. Reg. 202/2012.

 

       (2)    Notwithstanding subsection (1), the crop year may be deemed to commence upon the date the application is received by the Commission.

 

Application deadline

6     For the purpose of clause 4(2)(b) of the General Regulations, an application for a contract of insurance under this plan must be filed with the Commission

 

                (a)    for June-bearing varieties, before November 15 in the 1st crop year for which the contract of insurance is to be in force;

 

                (b)    for day-neutral varieties, before March 31 in advance of each crop year for which the contract of insurance is to be in force.

Section 6 replaced: O.I.C. 2012-6, N.S. Reg. 16/2012; O.I.C. 2012-334, N.S. Reg. 202/2012.

 

Duration of contract for day-neutral varieties

7     A contract of insurance under this plan for day-neutral varieties expires at the end of the crop year to which it applies and is not continued in force for subsequent crop years.

Section 7 repealed: O.I.C. 2012-6, N.S. Reg. 16/2012; added: O.I.C. 2012-334, N.S. Reg. 202/2012.

 

Deadline for notice of cancellation for June-bearing varieties

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 for June-bearing varieties must be given no later than September 15 of the crop year for which the cancellation is to be effective.                              

Section 8 replaced: O.I.C. 2012-6, N.S. Reg. 16/2012; O.I.C. 2012-334, N.S. Reg. 202/2012.

 

Coverage

9     (1)    All the area of strawberries 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 area offered for insurance coverage.

 

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

Section 9 replaced: O.I.C. 2006-345, N.S. Reg. 133/2006.

 

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 strawberry crop for the purpose of determining the guaranteed production for that crop in a crop year.

 

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

 

       (3)    The average insurable yield of an insurable strawberry 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. 133/2006.

 

Established prices

10   (1)    For each crop year, the Commission shall establish price options for each insurable strawberry 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. 133/2006.

 

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 under Section 9 by the established price.

 

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.

Subsection 12(5) amended: O.I.C. 2012-6, N.S. Reg. 16/2012.

Section 12 replaced: O.I.C. 2006-345, N.S. Reg. 133/2006.

 

13   (1)    Where a contract of insurance is in force, the insured shall pay the premium less premium deposit to the Commission not later than July 1.

 

       (2)    Interest of 1 1/2% per month will be charged on overdue accounts.

 

Incorrect acreage

14   (1)    Where the actual measured acreage of strawberries in a crop year is less than the insured acreage, the guarantee and the amount of insurance shall be reduced accordingly and no refund of premium shall be made.

 

       (2)    Where the actual acreage of strawberries in a crop year exceeds the insured acreage, the measured area yield will be prorated to the insured acres in calculating indemnity payable.

 

Final planting date for day-neutral varieties

14A         Day-neutral varieties must be planted by May 31 of the crop year.

Section 14A added: O.I.C. 2012-334, N.S. Reg. 202/2012.

 

Harvesting

15   All acreage of an insured crop shall be harvested unless the Commission, upon application in writing, consents in writing to the abandonment of the insured crop or any part.

 

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

 

Final date for insurance protection

17   The final dates for insurance protection under this plan are August 31 for June-bearing varieties and September 30 for day-neutral varieties, or any other dates determined by the Commission.

Section 17 replaced: O.I.C. 2012-334, N.S. Reg. 202/2012.

 

Evaluation of loss

18   For the purpose of determining the reduction in yield of strawberries in a crop year and the indemnity payable

 

       (1) (a)       where the actual production is less than the guaranteed production, the adjustment of loss shall be calculated by subtracting the actual production from the guaranteed production and multiplying the difference by the established price per quart;

 

       (2) (b)       where the loss or damage occurs prior to completion of harvest, the Commission, upon application in writing by the insured person, may consent in writing to the abandonment of such damaged acreage and the Commission shall determine the number of damaged acres and potential production thereof.

 

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.

Section 19 replaced: O.I.C. 2009-39, N.S. Reg. 26/2009.

 

Section 19A repealed: O.I.C. 2012-6, N.S. Reg. 16/2012.

 

Section 20 repealed: O.I.C. 2012-6, N.S. Reg. 16/2012.

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