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.

Crop Insurance Plan for Winter Grain

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2002-487 (effective November 1, 2002), N.S. Reg. 134/2002

amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 17/2024

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

Purpose

Interpretation

Designation of perils

Designation of crop year

Deadline for notice of cancellation of insurance

Coverage

Total guaranteed production

Established prices

Maximum indemnity

Premium

Final seeding report

Incorrect area in final seeding report

Final planting date

Carry-over of stored grain

Harvesting

Final date for harvest

Harvest yield report

Evaluation of loss

Stage 1

Stage 2

Stage 3

Final adjustment of loss

Citation

1 These regulations may be cited as the Crop Insurance Plan for Winter Grain .

Purpose

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

grain resulting from one or more of the perils designated in

Section 4.

Interpretation

3 In this plan,

“Act” means the Crop and Livestock Insurance Act ;

“average insurable yield” means the average insurable yield of an insurable winter

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

“designated perils” means the perils designated in

Section 4 for the purpose of this

plan;

“final seeding report” means a signed declaration of all planted area of winter grain

submitted to the Commission by an insured person pursuant to

Section 15;

set out in the Contract of Insurance in Form 1 to the General Crop Insurance Plans

Regulations made under the Act;

“total guaranteed production” means the total guaranteed production determined

pursuant to

Section 10;

“winter grain” means all varieties of winter wheat, fall rye and triticale accepted by

the Commission for insurance coverage;

“Zone 1” means the area of the Province that includes Hants West, Kings and

Annapolis Counties;

“Zone 2” means the area of the Province that includes East Hants, Halifax and

Colchester counties;

“Zone 3” means all areas of the Province outside Zone 1 and Zone 2.

Designation of perils

4 The following are designated as perils for winter grain:

(

a) drought;

(

b) wind;

(

c) excessive moisture;

(

d) frost;

(

e) hail;

(

f) insects;

(

g) plant disease;

(

h) wildlife;

(

i) winter kill; and

(

j) wildfire.

Designation of crop year

5 The crop year for winter grain is the period from September 1 in any year to August 31 of

the next year.

6 [repealed]

7 [repealed]

Deadline for notice of cancellation of insurance

a notice of cancellation of insurance under this plan must be given no later than September

15 in the crop year for which the cancellation is to be effective.

Coverage

(1) All the area of winter grain 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 of winter grain offered for

insurance coverage.

(3) Upon application in writing by an insured person, the Commission may insure a

winter grain crop on the basis of variety, area, agronomic practice or specified perils.

Total guaranteed production

(1) An insured person shall select a coverage level of 70%, 80%, 85% or 90% of the

average insurable yield of an insurable winter grain crop for the purpose of

determining the guaranteed production for that crop in a crop year.

(2) The total guaranteed production for an insured winter grain crop shall be determined

by multiplying the selected coverage level by the average insurable yield for the total

area of that insured winter grain crop.

(3) The average insurable yield of an insurable winter grain 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

(1) For each crop year, the Commission shall establish price options for each insurable

winter grain 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.

Maximum indemnity

12 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 by

the established price selected pursuant to subsection 11(2).

Premium

(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 must be adjusted by a factor approved by the Commission in

consultation with an actuary.

(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

(Canada) and the Province under the Act.

(1) An insured person shall pay the premium less any premium deposit to the

Commission not later than April 30 for the current crop year.

(2) Interest of 1.5% per month or a minimum of $5 per month will be charged by the

Commission on an overdue account.

Final seeding report

(1) No later than 10 days after the final planting date, an insured person shall file a final

seeding report with the Commission on a seeding report form provided by the

Commission for this purpose.

(2) The final seeding report filed with the Commission shall not be amended by an

insured person without the consent in writing of the Commission.

(3) The Commission may revise the final seeding report in any or all respects and adjust

the premium accordingly, and in this case shall notify an insured person in writing

respecting the revision and adjustment.

(4) An insured person shall be deemed to have agreed with the revision and adjustment

by the Commission under subsection (3) unless, within 10 days from mailing or

delivery of the notification by the Commission, the insured person notifies the

Commission in writing that the insured person rejects the revision and adjustment.

(5) When the Commission has received notice from an insured person under subsection

(4), it may notify the insured person in writing that the contract of insurance does not

apply for the crop year in which the final seeding report was filed, and when

notification is given, shall refund any premium deposit paid in respect of that crop

year.

(6) A final seeding report revised under subsection (3) shall, failing notice under

subsection (4), constitute the final seeding report for the crop year.

(7) Where an insured person fails to file a final seeding report in any crop year the

Commission may

(

a) prepare the final seeding report; or

(

b) deem the insured area to be nil.

(8) Where the Commission prepares a final seeding report under subsection (7)

(

a) the Commission shall mail or deliver a copy of the report to the insured person;

and

(

b) the insured person shall pay the premium for the crop year in respect of which

the report was prepared.

Incorrect area in final seeding report

(1) The Commission may measure the insured area by any method that it considers

appropriate.

(2) Despite

Section 10, where the actual measured area of winter grain in a crop year is

less than the insured area, the total guaranteed production and the amount of

insurance shall be reduced accordingly and no refund of premium shall be made.

(3) Despite

Section 10, where the actual area of winter grain in a crop year exceeds the

insured area, the measured area yield will be pro-rated to the insured area in

calculating indemnity payable.

Final planting date

17 The final date for planting winter grain in each Zone shall be announced by the

Commission before the beginning of the crop year.

18 [repealed]

Carry-over of stored grain

19 If, prior to harvest, an insured person believes that they will have a claim on an insured

crop, and if the insured person has any carry-over of grain in storage, 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.

Harvesting

(1) All winter grain planted by an insured person in a crop year shall be harvested unless

the Commission consents in writing to a written request by the insured person to

(

a) use any part of the planted area for any other purpose; or

(

b) abandon or destroy any part of the insured crop.

(2) Any insured area used for a purpose other than the purpose that was reported by an

insured person in the final seeding report without consent pursuant to subsection

(1) shall be adjusted at a level not to exceed the guaranteed production in effect.

(3) Each harvested winter grain crop is to be placed in a separate storage.

(4) Unless prior permission is granted and measurements recorded, failure to keep each

harvested winter grain crop in a separate storage may jeopardize any indemnity

otherwise payable.

21 [repealed]

Final date for harvest

22 The final date for harvest shall be August 31 or any other date as may be determined by the

Commission, and the Commission may establish a potential yield for any insured area not

harvested by this date.

Harvest yield report

23 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.

Evaluation of loss

24 For the purpose of determining the reduction in yield of an insured crop in a crop year and

any indemnity payable, the value of each crop shall progress through Stages 1 to 3, as

prescribed in Sections 25, 26 and 27, and the final adjustment of loss pursuant to

Section

Stage 1

(1) Stage 1 comprises the period from the date on which seeding of winter grain is

completed to May 25 in the crop year.

(2) Where loss or damage from one or more designated perils occurs to an insured crop

during Stage 1, the Commission, upon application in writing by the insured person,

may consent in writing to a request to replant the damaged area to another crop or to

a request to abandon or destroy the insured crop on the damaged area.

(3) Where the Commission approves the abandonment of an insured crop on a damaged

area pursuant to subsection (2), and the area is removed from production,

(

a) the insurance for the year shall be deemed to be cancelled on the portion of the

insured crop that is on the damaged area; and

(

b) the amount of loss for the insured crop shall be calculated by multiplying the

guaranteed production on the damaged area, less any potential production

applied to the area, by the product of the established price and the applicable

Stage 1 payout rate set out in the following table:

Crop

Rate as % of Established Price

Milling wheat

50%

Feed wheat

65%

Fall rye

65%

Triticale

65%

(4) Whether or not an insured person has made an application pursuant to subsection (2),

where loss or damage occurs during Stage 1, the Commission may notify the insured

person in writing that it intends to terminate insurance coverage on the portion of the

insured crop that is on the damaged area and calculate the amount of loss pursuant to

subsection (3) for the damaged area.

Stage 2

(1) Stage 2 comprises the period from May 26 to the final harvest date in the crop year,

in respect of any portion of the insured crop that is not harvested.

(2) Where loss or damage from one or more designated perils occurs to an insured crop

during Stage 2, the Commission upon application in writing by an insured person,

may consent in writing to the use of the damaged area for another purpose and the

Commission shall determine the size of the damaged area and the potential

production.

(3) When

(

a) consent is given to use a damaged area for another purpose pursuant to

subsection (2) and the damaged area is used for that purpose; or

(

b) the harvesting of any portion of the insured crop is not completed on the final

harvest date determined pursuant to

Section 22 and the harvesting was

prevented by a designated peril,

then the amount of loss that is taken into account in the final adjustment of loss shall

be calculated by multiplying the difference between the guaranteed production for

the damaged or unharvested area and the potential production determined under

subsection (2) for the damaged area by 80% of the established price.

(4) When a damaged area is not used for another purpose or the crop is not abandoned

or destroyed despite the Commission’s consent, the amount of loss calculated under

subsection (3) shall not be taken into account in the final adjustment of loss.

Stage 3

(1) Stage 3 applies to the insured area with respect to which harvesting has been

completed.

(2) When the actual production of the harvested area is less than the guaranteed

production for the area, the amount of loss

(

a) shall be taken into account in the final adjustment of loss for the total insured

area; and

(

b) shall be calculated by multiplying the difference between the guaranteed

production and the actual production by the established price.

Final adjustment of loss

(1) The indemnity payable respecting the total insured area in the final adjustment of

loss shall be the sum of the amounts of loss calculated for each of Stage 1, Stage 2

and Stage 3.

(2) When the actual production exceeds the guaranteed production of the area, the

indemnity payable pursuant to subsection (1) shall be reduced by the amount

obtained by multiplying the excess by the established price.

29 [repealed]

30 [repealed]

Legislative History

Reference Tables

Crop Insurance Plan for Winter Grain

N.S. Reg.

134/2002

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 Crop Insurance Plan for Winter Grain 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

134/2002

Nov 1, 2002

date specified

Nov 15, 2002

69/2003

Mar

28, 2003

date

specified

Apr

18, 2003

190/2003

Nov

14, 2003

date

specified

Nov

28, 2003

142/2004

Apr 1,

date

specified

Apr

30, 2004

137/2006

Jul

24, 2006

date

specified

Aug

18, 2006

24/2009

Feb 3,

date specified

Feb

13, 2009

171/2011

Apr

19, 2011

date

specified

May 6,

21/2012

Jan

10, 2012

date

specified

Jan

27, 2012

298/2013

Sep 3,

date

specified

Sep

20, 2013

118/2018

Jul 3,

date

specified

Jul

20, 2018

28/2021

Jan

26, 2021

date specified

Feb

12, 2021

17/2024

Jan

16, 2024

date

specified

Jan

26, 2024

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

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

am. 21/2012 (clause lettering removed)

3, defn . of “Act” ..........................

ad. 21/2012

3(

a) defn . of “average

insurable yield” ..................................................

rs . 137/2006

3(

b) defn . of “contract of

insurance” ..................................................

rs . 137/2006

3, defn . of “contract of

insurance”

rep. 21/2012

3, defn . of “terms and

conditions of the Contract of Insurance” .......

ad. 21/2012 ; am. 118/2018

3(

f) defn . of “winter

grain” .........

rs . 171/2011

3, defn . of “Zone 1” ....................

rs . 298/2013

3, defn . of “Zone 2” ....................

rs . 298/2013

3, defn . of “Zone 3” ....................

ad. 298/2013

4(h) ...................................................

am. 17/2024

4(i) ....................................................

am. 17/2024

4(j) ....................................................

ad. 17/2024

6 ........................................................

rs . 137/2006; rep. 21/2012

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

rs . 137/2006; rep. 21/2012

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

rs . 21/2012

9(2) ...................................................

rs . 137/2006

9(3) ...................................................

ad. 137/2006

10 ......................................................

rs . 137/2006

11 ......................................................

rs . 137/2006

11(1) ............................................

rs . 69/2003, 142/2004

13 ......................................................

rs . 137/2006

13(1) ............................................

rs . 69/2003, 142/2004

13(2) ............................................

rs . 28/2021

13(5) ............................................

am. 21/2012

15(1) .................................................

rs . 137/2006

17 ......................................................

rs . 298/2013, 118/2018

18 ......................................................

rep. 21/2012

21 ......................................................

rep. 21/2012

23 ......................................................

rs . 137/2006, 24/2009

25(3) .................................................

rs . 190/2003

25(3)(b) .......................................

rs . 171/2011

29 ......................................................

rs . 137/2006; rep. 21/2012

29(1) ............................................

rs . 24/2009

30 ......................................................

rs . 137/2006; rep. 21/2012

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

17/1968

Nova

Scotia Crop and Livestock Insurance Plan for Winter Grain

unknown

Oct

21, 1969

18/1969

Nova

Scotia Crop and Livestock Insurance Plan for Winter Grain

Oct

21, 1969

Feb 6,

17/1973

Nova

Scotia Crop and Livestock Insurance Plan for Winter Grain

Feb 6,

Jul 24,

102/1975

Nova

Scotia Crop and Livestock Insurance Plan for Winter Grain

Jun

24, 1975

Jun

15, 1976

51/1976

Nova

Scotia Crop and Livestock Insurance Plan for Winter Grain

Jun

15, 1976

Aug 5,

130/1980

Nova

Scotia Crop and Livestock Insurance Plan for Winter Grain

Aug 5,

Jul

12, 1983

153/1983

Nova

Scotia Crop and Livestock Insurance Plan for Winter Grain

Jul

12, 1983

Feb 5,

26/1985

Nova

Scotia Crop and Livestock Insurance Plan for Winter Grain

Feb 5,

Apr

22, 1987

86/1987

Nova

Scotia Crop and Livestock Insurance Plan for Winter Grain

Apr

22, 1987

May

31, 1988

124/1988

Nova

Scotia Crop and Livestock Insurance Plan for Winter Grain

May

31, 1988

Jan 3,

6/1995

Nova

Scotia Crop and Livestock Insurance Plan for Winter Grain

Jan 3,

Mar

14, 2003

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.