Maple Syrup Insurance Plan

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

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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 maplesyrup 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 maplesyrup crop determined in accordance with subsection 10(3);

 

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

 

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

 

“General Regulations” means the General Field Crop Insurance Plans Regulationsmade 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 isproduced in Nova Scotia that are accepted by the Commission for insurancecoverage;

 

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

 

“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. 11/2012.

 

“total guaranteed production” means the total guaranteed production determined inaccordance 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 to67.5 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 designatedperils;

 

                (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 30in the following year.

Application deadline

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

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 ofthe 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 beoffered 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 maplesyrup 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 theaverage insurable yield of an insurable maple syrup crop for the purpose ofdetermining the guaranteed production for that crop in a crop year.

 

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

 

       (3)    The average insurable yield of an insurable maple syrup crop is the potentialproduction of that crop as determined by the Commission from the insured person’syield records, subject to a methodology developed by an actuary and approved by theCommission.

Established prices

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

 

       (2)    An insured person must select one of the price options as the established price to beused 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 insuranceis the amount obtained by multiplying the total guaranteed production by the establishedprice option selected under subsection 11(2).

Calculating premium

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

 

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

 

(LR-1) x (n ÷ (20 + n))

 

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

 

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

 

       (4)    Despite subsections (1) to (3), the minimum annual premium payable by an insuredperson in each crop year is $50.

 

       (5)    The premium determined under subsections (1) to (3) includes premium paymentsmade 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 theCommission 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 anoverdue account.

Determining number of insurable taps

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

 

       (2)    If the actual number of taps in a crop year is less than the insured number of taps, thetotal guaranteed production and the amount of insurance is reduced accordingly andno premium refund is payable.

 

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

Carry-over of crop

16   If, before harvest, an insured person believes that they will have a claim on an insuredmaple 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 thecarry-over in writing before the beginning of harvest, or the Commission may regard thecarry-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 Commissionconsents in writing to a written request by the insured person to abandon or destroy anypart 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 bythe Commission, and the Commission may estimate a potential yield for any insured tapsnot harvested by that date.

Harvest yield report

20   No later than 30 days after the completion of harvest, an insured person must file a harvestyield 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 andany indemnity payable,

 

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

 

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