This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.

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.

Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

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Maple Syrup Insurance Plan

made under Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2012-6 (January 10, 2012), N.S. Reg. 11/2012

Citation

1     These regulations may be cited as the Maple Syrup Insurance Plan.

Purpose

2     The purpose of this plan is to provide for insurance against a reduction in yield of maple syrup 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;

 

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

 

“degrees Brix” is a measurement of the dissolved sugar-to-water mass ratio of a liquid;

 

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

 

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

Definition added: O.I.C. 2012-6, N.S. Reg. 11/2012.

 

“maple trees” means all maple trees of any variety from which maple syrup is produced in Nova Scotia that are accepted by the Commission for insurance coverage;

 

“tap” means a device that is fitted to a maple tree for harvesting sap for producing maple syrup;

 

“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. 11/2012.

 

“total guaranteed production” means the total guaranteed production determined in accordance with Section 10.

Subsection 3(1) amended: O.I.C. 2012-6, N.S. Reg. 11/2012.

 

       (2)    For the purpose of this plan, a litre of maple syrup is defined as 1 L of syrup at 66 to 67.5 degrees Brix.

Designation of perils

4     The following are designated as perils for maple syrup production:

 

                (a)    insects;

 

                (b)    excessive summer drought;

 

                (c)    below-average summer sun or heat;

 

                (d)    wind;

 

                (e)    ice;

 

                (f)    wildlife for which there is no known control;

 

                (g)    adverse weather that prevents collection;

 

                (h)    off-crop due to any adverse weather not described in the other designated perils;

 

                (i)     fire;

 

                (j)     absence of cool and warm temperature cycling during the collection period; and

 

                (k)    disease.

Designation of crop year

5     The crop year for maple syrup production is the period from May 1 in any year to April 30 in the following year.

Application deadline

6     For the purpose of clause 4(2)(b) of the General Regulations, an application for insurance under this plan must be filed with the Commission before the 1st day of the 1st crop year for which the contract of insurance is to be in force, or another date at the Commission’s discretion.

Section 6 and heading replaced: O.I.C. 2012-6, N.S. Reg. 11/2012.

Section 7 repealed: O.I.C. 2012-6, N.S. Reg. 11/2012.

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 May 15 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. 11/2012.

Coverage

9     (1)    All of the taps owned or operated by an insured person and to be harvested must be offered for insurance coverage.

 

       (2)    The Commission may insure all or some of the taps offered for insurance coverage.

 

       (3)    On written application by an insured person, the Commission may insure a maple syrup crop on the basis of variety, area, agronomic practice or specified perils.

Total guaranteed production

10   (1)    An insured person must select a coverage level of 70%, 80%, 85% or 90% of the average insurable yield of an insurable maple syrup crop for the purpose of determining the guaranteed production for that crop in a crop year.

 

       (2)    Subject to any adjustment made under subsection 15(2) or (3), the total guaranteed production for an insured maple syrup crop is determined by multiplying the selected coverage level by the average insurable yield for the total area of that insured maple syrup crop.

 

       (3)    The average insurable yield of an insurable maple syrup 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.

Established prices

11   (1)    For each crop year, the Commission must establish price options for each insurable maple syrup crop and announce these options to insured persons before the beginning of the crop year.

 

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

Maximum indemnity

12   The maximum indemnity for which the Commission is liable under a contract of insurance is the amount obtained by multiplying the total guaranteed production by the established price option selected under subsection 11(2).

Calculating premium

13   (1)    The base premium rate must be based on a methodology set by an actuary and approved by the Commission.

 

       (2)    Subject to subsection (3), the base premium rate must be adjusted by giving a discount when indemnity is less than total premiums paid or adding a surcharge when indemnity exceeds total premiums paid, and adjustments must be calculated using the following formula:

 

(LR-1) x (n ÷ (20 + n))

 

in which “LR” equals total indemnity divided by total premiums and “n” equals the number of years insured in the plan.

 

       (3)    The maximum discount that may be given under subsection (2) is 50% and the maximum surcharge that may be added under subsection (2) is 100%.

 

       (4)    Despite subsections (1) to (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 by the Province under the Act.

Paying premium

14   (1)    An insured person must pay the premium less the premium deposit to the Commission no later than August 1 for the current crop year.

 

       (2)    Interest of 1.5% per month, or a minimum of $5 per month, is charged on an overdue account.

Determining number of insurable taps

15   (1)    The Commission may determine the number of insurable taps by any method that it considers appropriate.

 

       (2)    If the actual number of taps in a crop year is less than the insured number of taps, the total guaranteed production and the amount of insurance is reduced accordingly and no premium refund is payable.

 

       (3)    If the actual number of taps in a crop year exceeds the insured number of taps, the total guaranteed production is pro-rated to the insured number of taps in calculating the indemnity payable.

Carry-over of crop

16   If, before harvest, an insured person believes that they will have a claim on an insured maple syrup crop, and if the insured person has any carry-over of maple syrup in storage, either purchased or produced by the insured person, the insured person must report the carry-over in writing before the beginning of harvest, or the Commission may regard the carry-over as new production.

Section 16 and heading replaced: O.I.C. 2012-6, N.S. Reg. 11/2012.

Harvesting

17   All taps that are insured must be harvested within the crop year unless the Commission consents in writing to a written request by the insured person to abandon or destroy any part of the intended harvest.

Section 18 repealed: O.I.C. 2012-6, N.S. Reg. 11/2012.

Final date for harvest

19   The final date for harvest is the last day of the crop year or any other date determined by the Commission, and the Commission may estimate a potential yield for any insured taps 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 harvest yield report on a form provided by the Commission for this purpose.

Evaluation of loss

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

 

                (a)    when the actual production from the insured taps is less than the total guaranteed production for the taps, the adjustment of loss is calculated by multiplying the difference between the total guaranteed production and the actual production by the established price; and

 

                (b)    when loss or damage occurs to an insured crop before harvest is completed, the Commission may consent in writing to a written request to abandon any part of the insured taps and in that case the Commission must determine the extent of the damage and the potential production.

Section 22 repealed: O.I.C. 2012-6, N.S. Reg. 11/2012.

Section 23 repealed: O.I.C. 2012-6, N.S. Reg. 11/2012

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