Crop Insurance Plan for Trees
made under Section 6 of the
Crop and Livestock Insurance Act
R.S.N.S. 1989, c. 113
O.I.C. 95-63 (January 24, 1995), N.S. Reg. 14/95
as amended up to O.I.C. 2012-6 (January 10, 2012), N.S. Reg. 18/2012
1 This plan may be cited as the Crop Insurance Plan for Trees.
Section 1 replaced: O.I.C. 2012-6, N.S. Reg. 18/2012.
2 The purpose of this plan is to provide insurance for apple and pear trees damaged as aresult of one or more of the perils designated in Section 3 to the extent that it is necessaryto remove the apple or pear trees.
2A In this plan,
“Act” means the Crop and Livestock Insurance Act;
“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.
Section 2A added: O.I.C. 2012-6, N.S. Reg. 18/2012.
Designation of perils
3 (1) The following are designated as perils for the purpose of this plan:
(b) winter injury (excluding mouse damage);
(e) virus diseases;
(g) fireblight (erwinia amylovora);
(h) wildlife (excluding mouse damage).
(2) Where an orchard has been infected with any of the diseases mentioned in clauses3(1)(e), (f) or (g), the grower shall undertake appropriate sanitation or other controlprocedures in order to maintain coverage under this endorsement in subsequentyears.
Designation of crop year
4 The crop year for tree insurance is the period from December 1 in any year to November30 of the following year.
Section 5 repealed: O.I.C. 2012-6, N.S. Reg. 18/2012.
Section 6 repealed: O.I.C. 2012-6, N.S. Reg. 18/2012.
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 before November 15 inadvance of the crop year for which the cancellation is to be effective.
Section 7 and heading replaced: O.I.C. 2012-6, N.S. Reg. 18/2012.
8 Insured persons who have coverage under the Tree Fruit Crop Insurance Plan are eligiblefor tree insurance under this plan.
9 (1) The Commission shall determine the eligibility of trees for coverage under this plan.
(2) If an applicant has both apple and pear trees and does not wish to insure both kindsof trees, only the trees making up the highest percentage of trees in the tree fruitorchard are eligible for tree insurance under this plan.
(3) At the time of filing an application for tree insurance, the applicant shall indicate thenumber of apple and pear trees owned or leased by the applicant.
(4) Trees planted before June 1 in a crop year are eligible for coverage in the fall of thatcrop year if their total terminal growth exceeds 46 cm.
(5) A new grower who has immature trees that are not yet producing is eligible for treeinsurance under this plan if they own 500 trees or more.
Section 9 replaced: O.I.C. 2006-345, N.S. Reg. 135/2006.
10 (1) The base premium rate shall be based on a methodology set by an actuary andapproved by the Commission.
(2) The premium determined under subsection (1) includes premium payments made bythe Government of Canada under the Farm Income Protection Act (Canada) and theProvince under the Act.
Subsection 10(2) amended: O.I.C. 2012-6, N.S. Reg. 18/2012.
Section 10 replaced: O.I.C. 2006-345, N.S. Reg. 135/2006.
11 (1) For each crop year, the Commission shall establish insurable values for eachinsurable tree, considering tree age and planting density, and shall announce thesevalues to insured persons before the beginning of the crop year.
(2) The Commission shall use the insurable values to calculate premium and indemnityin contracts of insurance for insurable trees.
(3) If in a crop year the number of trees owned or leased by an insured person is greateror less than the number of trees they had insured under this plan in the immediatelypreceding crop year, the insured person shall report the change to the Commission.
Section 11 replaced: O.I.C. 2006-345, N.S. Reg. 135/2006.
Deadline for notice of damage
12 (1) For the purpose of subsection 9(2) of the terms and conditions of the Contract ofInsurance, an insured person under this plan must notify the Commissionimmediately of tree damage from one or more of the insured perils.
Subsection 12(1) and heading replaced: O.I.C. 2012-6, N.S. Reg. 18/2012.
(2) The insured person shall notify the Commission 10 days prior to the destruction orremoval of trees.
Evaluation of loss
13 (1) The Commission shall determine the indemnity payable for damage by a method thatit determines appropriate.
(2) No indemnity shall be paid for damage unless the insured person establishes that thedamage resulted directly from one or more of the insurable perils.
(3) No indemnity shall be paid unless damage to trees exceeds 3% (deductible) of theinsured number, causing removal due to insurable perils. The deductible shall beapplied separately relative to the number of apple trees insured and the number ofpear trees insured.
(4) In a crop year following a crop year in which the insured was indemnified for loss oftrees, the Commission may waive the deductible clause as it applies to trees whichhave been identified by the Commission as having been injured by an insurable perilin the previous crop year.
Section 14 repealed: O.I.C. 2012-6, N.S. Reg. 18/2012.