Citation Regulations (N.S. Reg. 7/2012) (just regulations regs cligeneral.htm)

N.S. Reg. 7/2012

Nova Scotia — Regulations

Citation Regulations (N.S. Reg. 7/2012) (just regulations regs cligeneral.htm)

N.S. Reg. 7/2012

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar 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 our office that are not yet included in this consolidation.

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

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

General Crop Insurance Plans Regulations

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2012-6 (effective January 10, 2012), N.S. Reg. 7/2012

amended to O.I.C. 2026-71 (effective March 3, 2026), N.S. Reg. 67/2026

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Regulations apply to all plans

Designation of insurable persons

Application for insurance

Commission may refuse to make contract

Form and delivery of contract of insurance

Arbitration

Application to Crop Insurance Plan for Acreage Loss

Form 1: Contract of Insurance

Extent of coverage

Crop Insurance Plan for Acreage Loss

Causes of loss or damage not insured against

Duration of contract

Cancelling insurance

Contract terminates on bankruptcy or death

Actions that will invalidate claim

Interest of insured person deemed to be full value of coverage

Insured Person may assign right to be indemnified

Notice of loss or damage

Abandonment, destruction or alternate use

Notice of claim

Adjustment of loss

Other compensation payments

Payment of indemnity

Subrogation

Access to records

Right of entry

Notice

Waiver or alteration

Citation

1 These regulations may be cited as the General Crop Insurance Plans Regulations .

Regulations apply to all plans

Insurance in Form 1, apply generally to all plans.

(2) If a plan of insurance is inconsistent with these regulations, including the terms and

conditions set out in the Contract of Insurance in Form 1, these regulations prevail,

unless expressly stated otherwise in the plan of insurance.

Insurable persons

(1) In these regulations and all plans respecting insurable crops, “insurable person”

means a person who is eligible for crop insurance.

(2) A person who meets all of the following criteria is designated as an insurable person

for the purposes of a plan established for an insurable crop:

(

a) the person owns and operates, or leases and operates, a farm in the Province;

(

b) the person produces the insurable crop on the farm.

(3) If a person who entered a contract of insurance with the Commission no longer

meets the criteria for designation as an insurable person for all or part of an insurable

crop, the Commission is not liable for payment of any indemnity to the person for

that portion of the insurable crop.

Application for insurance

(1) To enter into a contract of insurance under a plan or plans, an insurable person must

apply to the Commission on a contract of insurance application form provided by the

Commission.

(2) An application for a contract of insurance must be

(

a) accompanied by a premium deposit of at least $50 for each plan under which

the applicant is seeking insurance, or payment in the amount otherwise

specified in the plan or plans; and

(

b) filed with the Commission

(

i) before the 1st day of the 1st crop year for which the contract of

insurance is to be in force; or

(ii) no later than the date specified in the applicable plan.

Commission may refuse to make contract

(1) The Commission may refuse to make a contract of insurance with an applicant for

crop insurance.

(2) If the Commission refuses to make a contract of insurance, it must refund to the

applicant the premium deposit or payment that accompanied the application.

Form and delivery of contract of insurance

(1) On accepting an insurable person’s application for crop insurance, the Commission

must deliver a copy of the contract of insurance to the insured person, and the

insured person is then deemed to have notice of and be bound by the terms and

conditions of the contract.

(2) A contract of insurance consists of all of the following:

(a)a Contract of Insurance in Form 1;

(b)a completed application form filed under

Section 4;

(c)a copy of the applicable plan or plans;

(d)a copy of these regulations.

(3) A Contract of Insurance in Form 1 must be signed on behalf of the Commission by

the Executive Secretary or an authorized member of the Commission, and

countersigned by an authorized representative of the Commission.

(4) If a document referred to in subsection (2) is subsequently amended while the

contract of insurance is still in force, the contract of insurance remains in force as

amended, and a copy of the amendment must be delivered to the insured person.

Arbitration

7 If the Commission and an insured person fail to resolve a dispute arising out of a loss

adjustment under a contract of insurance, and the insured person has filed a proof of loss

form as required by their contract of insurance, either party may request that the dispute be

determined by arbitration in accordance with the Agriculture Appeal and Review Board

Act and its regulations.

8 [repealed]

Form 1: Contract of Insurance

Crop and Livestock Insurance Act , clause 6(1)(

d) General Crop Insurance Plans Regulations , clause 6(2)(

a) Contract of Insurance (“Contract”)

Contract #:

Between:

The Nova Scotia Crop and Livestock Insurance Commission

(the “Commission”)

of the first part

- and -

, of , in the County of ,

Nova Scotia, (the “Insured Person”)

of the second part

Whereas the Crop and Livestock Insurance Act (the “Act”) gives the Commission the power to

administer insurance plans established by regulation for designated insurable crops;

And

whereas the plan for an insurable crop (the “Plan”) provides for insurance against a loss in

the production of that crop resulting from one or more of the perils designated in the Plan;

And

whereas the Commission and the Insured Person have entered into this Contract of

Insurance to insure the crops offered by the Insured Person and accepted by the Commission for

insurance (the “Insured Crops”) in each crop year while this Contract is in force, in accordance

with the applicable Plan or Plans and the General Crop Insurance Plans Regulations made

under the Act (the “Regulations”);

Now therefore , subject to the Act, the Regulations, the applicable Plan or Plans, and the

conditions set forth in this Contract, if in a crop year the Insured Person suffers loss of or

damage to an Insured Crop from one or more of the perils designated in the applicable Plan or

Plans, the Commission agrees to indemnify the Insured Person in respect of the loss.

Extent of coverage

(1) This Contract applies to the area of each Insured Crop, as specified in the Certificate

of Insurance issued by the Commission to the Insured Person in each crop year.

(2) This Contract does not apply to acreage

(

a) that has not been adequately prepared or managed for cropping purposes;

(

b) that was seeded or planted after the final date specified for that purpose in the

applicable Plan;

(

c) that was seeded or planted to a variety of crop that is not accepted by the

Commission;

(

d) on which the crop is a volunteer crop; or

(

e) that in the Commission’s opinion is not insurable.

1A [repealed]

Causes of loss or damage not insured against

(1) This Contract does not insure against, and no indemnity is payable in respect of, loss

or damage to an Insured Crop if the Commission determines that the damage or loss

resulted from

(

a) the negligence or misconduct of the Insured Person or an agent or employee of

the Insured Person; or

(

b) a peril other than a peril designated in the applicable Plan.

(2) Unless provided in the applicable Plan, no indemnity is payable for storage losses

after harvest.

Duration of contract

3 Unless otherwise provided in the applicable Plan, this Contract is in force for the crop year

for which it is made and continues in force for each crop year after that, until it is

cancelled or terminated in accordance with

Section 4 or 5.

Cancelling insurance

(1) Insurance under this Contract may be cancelled

(

a) by the Insured Person or the Commission by notice in writing to the other

party no later than the date specified in the applicable Plan for the crop year for

which the cancellation is to be effective; or

(

b) as otherwise provided in the applicable Plan.

(2) The Commission may cancel insurance under this Contract at any time by notice in

writing to the Insured Person if the Insured Person is in arrears in paying any

premium required for that insurance.

(3) If the Insured Person is covered under more than one Plan by this Contract,

(

a) insurance under one or more of those Plans may be cancelled in accordance

with this Section;

(

b) if the insurance under any of those Plans is cancelled, the insurance not

cancelled remains in effect under this Contract; and

(

c) if the insurance under all of those Plans is cancelled, this Contract is also

cancelled.

Contract terminates on bankruptcy or death

(1) This Contract terminates at the end of any crop year in which the Insured Person

makes an authorized assignment under the Bankruptcy Act (Canada).

(2) This Contract terminates at the end of the crop year in which the Insured Person

dies, but the Commission may extend this Contract to the estate of the Insured

Person at the request of a person who is a personal representative of the Insured

Person within the meaning of the Probate Act .

Actions that will invalidate claim

6 A claim by the Insured Person under this Contract will be invalid and their right to recover

the indemnity forfeited if the Insured Person does any of the following:

(

a) in their application for insurance and any information provided to the

Commission,

(

i) gives false particulars to the prejudice of the Commission, or

(ii) knowingly misrepresents or fails to disclose information required by the

Commission;

(

b) contravenes a term or condition of this Contract;

(

c) commits a fraud;

(

d) willfully makes a false statement in respect of the claim.

Interest of insured person deemed to be full value of coverage

7 Even if a person other than the Insured Person holds an interest of any kind in an Insured

Crop, for the purposes of this Contract,

(

a) the interest of the Insured Person is deemed to be the full value of the total

coverage provided; and

(

b) unless the Insured Person makes an assignment under

Section 8, no indemnity

will be paid to any person other than the Insured Person.

Insured Person may assign right to be indemnified

8 The Insured Person may assign all or part of their right to be indemnified under this

Contract, but an assignment is not binding on the Commission and no payment of

indemnity will be made to an assignee unless

(

a) the assignment is made on a form provided by the Commission; and

(

b) the Commission consents to the assignment in writing.

Notice of loss or damage

(1) Subject to any specific provisions in the applicable Plan, if there is loss of or damage

to an Insured Crop and the Insured Person intends to abandon or destroy the Insured

Crop, or to reseed or use the seeded acreage for another purpose, the Insured Person

must notify the Commission in writing of their intention and must take no further

action without the consent in writing of the Commission.

(2) If loss of or damage to an Insured Crop occurs at a readily ascertainable time in the

field or, if provided for in the applicable Plan, in storage, the Insured Person must

notify the Commission in writing within 5 days of that time or as otherwise provided

in the applicable Plan.

(3) If there is loss of or damage to an Insured Crop and it appears to the Insured Person

that the potential production of the Insured Crop will be less than the total

guaranteed production, the Insured Person must notify the Commission in writing

early enough before the harvesting of the Insured Crop to enable the Commission to

make a pre-harvest inspection of the Insured Crop.

(4) Despite any notice given by the Insured Person under this Section, the Insured

Person must notify the Commission in writing within 5 days of completing the

harvesting of an Insured Crop if, on completing the harvesting

(

a) the actual production is less than the total guaranteed production; and

(

b) the loss in production resulted from one or more of the perils insured against.

Abandonment, destruction or alternate use

10 Subject to any specific provisions in the applicable Plan,

(

a) no acreage seeded to an Insured Crop may be put to another use and no

Insured Crop may be abandoned or destroyed until the Commission has

appraised the potential production of the acreage; and

(

b) an appraisal made under clause (

a) will not be taken into account in the final

adjustment of loss if the Insured Person harvests the appraised acreage.

Notice of claim

(1) A claim for indemnity under this Contract must be filed with the Commission on a

proof of loss form provided by the Commission.

(2) A proof of loss form must be filed no later than

(a) 30 days after the earlier of

(

i) the completion of harvesting of the Insured Crop, and

(ii) the end of the crop year in which the loss occurred; or

(

b) the date specified in the applicable Plan.

(3) Except as provided in subsection (4), a claim for indemnity must be made by the

Insured Person.

(4) A claim for indemnity may be made

(a)in the absence or inability of the Insured Person, by their agent; or

(

b) in the absence or inability of the Insured Person, or on their failure or refusal to

do so, by an assignee under an assignment made in accordance with

Section 8.

Adjustment of loss

(1) The indemnity payable for loss of or damage to an Insured Crop will be determined

in the manner specified in the applicable Plan.

(2) The Commission may cause the actual production and any loss to be appraised by

any method it considers proper.

(3) The Commission reserves the right to not pay an indemnity in respect of an Insured

Crop until the loss or damage has been seen and confirmed by a field agent or other

person designated by the Commission.

(4) No indemnity will be paid for a loss in respect of an Insured Crop unless the Insured

Person establishes

(

a) the actual production obtained from the Insured Crop for the crop year; and

(

b) that the loss in production in the crop year resulted directly from one or more

of the perils insured against.

(5) The loss of any Insured Crop and the amount of indemnity payable will be

determined separately for each Insured Crop unless otherwise provided in the

applicable Plan.

Other compensation payments

13 If a claim is made under this Contract, the Commission is liable only to the extent of the

indemnity payable under the applicable Plan and is not liable for any additional

compensation or reimbursement that may be claimed by the Insured Person or any other

person with respect to the Insured Crop, including reimbursement for salvage expenses.

Payment of indemnity

(1) No indemnity under this Contract becomes due and payable until the end of the crop

year in which the loss or damage occurred.

(2) If an indemnity becomes due and payable under this Contract and the Insured Person

has not yet paid a premium or other outstanding sum owed to the Commission, the

Commission may deduct the amount of that premium or other sum from the

indemnity to be paid to the Insured Person.

(3) Before the Commission pays an indemnity under this Contract, the Insured Person

must file a claim release with the Commission, on a claim release form provided by

the Commission.

Subrogation

15 If the Commission pays an indemnity to the Insured Person or their assignee, all rights of

the Insured Person or their assignee to claim against any other party responsible for the

loss or damage to the extent of the amount of the indemnity paid are hereby assigned to

the Commission, and the Commission may claim against that party for the full amount

paid in the name of the Insured Person.

Access to records

16 At any time, the Commission may require the Insured Person to keep or cause to be kept

any records of crop production and crop sales and other crop uses that the Commission

specifies, and the Insured Person must make the records available to the Commission on

demand.

Right of entry

(1) The Commission has a right of entry to the premises of the Insured Person that may

be exercised by agents of the Commission at any reasonable time for any purpose

related to this Contract.

(2) The Insured Person must allow the Commission to enter their premises when the

Commission exercises its right of entry under this Section.

Notice

(1) Written notice to the Commission must be given by personal delivery or by mail to

the Commission.

(2) Written notice to the Insured Person must be given by personal delivery or by mail

addressed to the Insured Person at the most recent mailing address shown in the

Commission’s records for the Insured Person.

Waiver or alteration

19 No term or condition of this Contract will be considered waived or altered in whole or in

part by the Commission unless the waiver or alteration is clearly expressed in writing and

signed by the Commission or a representative authorized for that purpose by the

Commission.

IN WITNESS WHEREOF, the Nova Scotia Crop and Livestock Insurance Commission has

caused this Contract of Insurance to be signed by the Executive Secretary/an authorized

member of the Commission and countersigned by a duly authorized representative of the

Commission.

Signed, countersigned and dated at ____________________ on __________________,

20____.

Countersigned Nova Scotia Crop and Livestock

Insurance Commission

_______________________________ per:_______________________________

(name of authorized representative) (name)

(title) (title)

Legislative History

Reference Tables

General Crop Insurance Plans Regulations

N.S. Reg.

7/2012

Crop and Livestock Insurance Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the General Crop Insurance Plans Regulations made

under the Crop and Livestock Insurance Act includes

all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

7/2012

Jan 10, 2012

date specified

Jan 27, 2012

52/2016

Mar

29, 2016

date specified

Apr

15, 2016

103/2018

Jul 3,

date

specified

Jul

20, 2018

67/2026

Mar 3,

date

specified

Mar

20, 2026

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

1 .......................................................

am. 103/2018 1

2(2) ...................................................

am. 103/2018

3 ........................................................

rs. 103/2018

7 ........................................................

rs. 67/2026

8 ........................................................

ad. 52/2016 ; rep. 103/2018

Form 1

Form 1 ..............................................

am. 103/2018

1A ................................................

ad. 52/2016 ; rep. 103/2018

11(4)(b) .......................................

am. 103/2018

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Title of

regulations amended from General

Field Crop Insurance Plans Regulations .

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

14/1969

General

Field Crop Insurance Regulations

Mar 4,

Jan

10, 2012

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 7/2012
Date2012-01-01
Typeregulation
Volume / chapterjust regulations regs cligeneral.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifier0936cbb7183e7e12e1cce80459626d1bfa2b9800

Source file is stored in the law ingest library (htm).