Plans Regulations (N.S. Reg. 6/1995) (just regulations regs CLIstraw.htm)
N.S. Reg. 6/1995
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.
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Crop Insurance Plan for Strawberries
made under
Section 6 of the
Crop and Livestock Insurance Act
R.S.N.S. 1989, c. 113
O.I.C. 95-21 (effective January 3, 1995), N.S. Reg. 6/1995
amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 13/2024
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 .
Interpretation
Designation of perils
Designation of crop year
Application deadline
Duration of contract for day-neutral varieties
Deadline for notice of cancellation for June-bearing varieties
Coverage
Total guaranteed production
Established prices
Premium
Incorrect acreage
Final planting date for day-neutral varieties
Harvesting
Final date for insurance protection
Evaluation of loss
Harvest yield report
1 This plan may be cited as the Crop Insurance Plan for Strawberries .
2 The purpose of this plan is to provide for insurance against a reduction in yield of
strawberries in the first, second and third year of production, or in such manner as the
Commission approves, resulting from one or more of the perils designated in
Section 4.
Interpretation
(1) In this plan,
“Act” means the Crop and Livestock Insurance Act ;
“average insurable yield” means the average insurable yield of an insurable
strawberry crop determined in accordance with subsection 9A(3);
“strawberries” means varieties of strawberries accepted by the Commission for
insurance coverage in either of the following 2 crop types:
(
i) June-bearing,
(ii) day-neutral.
set out in the Contract of Insurance in Form 1 to the General Crop Insurance Plans
Regulations .
(2) For conversion purposes, a quart of strawberries weighs 0.6237 kg (1.375 lbs. or 22
oz.) and 1 kg equals 2.2046 pounds.
Designation of perils
4 The following are designated as perils for the purpose of this plan:
(
a) winter injury;
(
b) spring frost;
(
c) hail;
(
d) fall frost,
(
i) for June-bearing varieties, at any time during the crop year, and
(ii) for day-neutral varieties, up to and including September 30;
(
e) drought;
(
f) excessive moisture;
(
g) unavoidable pollination failure;
(
h) off crop due to adverse weather;
(
i) wind;
(
j) insects;
(
k) wildlife;
(
l) disease; and
(
m) wildfire.
Designation of crop year
(1) The crop year for strawberries is as follows:
(
a) for June-bearing varieties, the period from September 1 in any year to August
31 in the next year;
(
b) for day-neutral varieties, the period from April 1 in any year to September 30
in the same year.
(2) Notwithstanding subsection (1), the crop year may be deemed to commence upon
the date the application is received by the Commission.
Application deadline
6 For the purpose of clause 4(2)(
b) of the General Crop Insurance Plans Regulations , an
application for a contract of insurance under this plan must be filed with the Commission
(
a) for June-bearing varieties, before November 15 in the 1st crop year for which
the contract of insurance is to be in force;
(
b) for day-neutral varieties, before March 31 in advance of each crop year for
which the contract of insurance is to be in force.
Duration of contract for day-neutral varieties
7 A contract of insurance under this plan for day-neutral varieties expires at the end of the
crop year to which it applies and is not continued in force for subsequent crop years.
Deadline for notice of cancellation for June-bearing varieties
a notice of cancellation of insurance under this plan for June-bearing varieties must be
given no later than September 15 of the crop year for which the cancellation is to be
effective.
Coverage
(1) All the area of strawberries 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 offered for insurance coverage.
(3) Upon application in writing by an insured person, the Commission may insure a
strawberry crop on the basis of variety, area, agronomic practice or specified perils.
Total guaranteed production
9A
(1) An insured person shall select a coverage level of 70%, 80%, 85% or 90% of the
average insurable yield of an insurable strawberry crop for the purpose of
determining the guaranteed production for that crop in a crop year.
(2) The total guaranteed production for an insured strawberry crop shall be determined
by multiplying the selected coverage level by the average insurable yield for the total
area of that insured strawberry crop.
(3) The average insurable yield of an insurable strawberry 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
strawberry 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.
11 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 under
Section
9 by the established price.
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) Where a contract of insurance is in force, the insured shall pay the premium less
premium deposit to the Commission not later than July 1.
(2) Interest of 1 1/2% per month will be charged on overdue accounts.
Incorrect acreage
(1) Where the actual measured acreage of strawberries in a crop year is less than the
insured acreage, the guarantee and the amount of insurance shall be reduced
accordingly and no refund of premium shall be made.
(2) Where the actual acreage of strawberries in a crop year exceeds the insured acreage,
the measured area yield will be prorated to the insured acres in calculating indemnity
payable.
Final planting date for day-neutral varieties
14A Day-neutral varieties must be planted by May 31 of the crop year.
Harvesting
15 All acreage of an insured crop shall be harvested unless the Commission, upon application
in writing, consents in writing to the abandonment of the insured crop or any part.
16 [repealed]
Final date for insurance protection
17 The final dates for insurance protection under this plan are August 31 for June-bearing
varieties and September 30 for day-neutral varieties, or any other dates determined by the
Commission.
Evaluation of loss
18 For the purpose of determining the reduction in yield of strawberries in a crop year and the
indemnity payable
(
a) where the actual production is less than the guaranteed production, the adjustment of
loss shall be calculated by subtracting the actual production from the guaranteed
production and multiplying the difference by the established price per quart;
(
b) where the loss or damage occurs prior to completion of harvest, the Commission,
upon application in writing by the insured person, may consent in writing to the
abandonment of such damaged acreage and the Commission shall determine the
number of damaged acres and potential production thereof.
Harvest yield report
19 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.
19A [repealed]
20 [repealed]
Legislative History
Reference Tables
Crop Insurance Plan for Strawberries
N.S. Reg.
6/1995
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 Strawberries 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
6/1995
Jan 3, 1995
date made
Jan 20, 1995
47/1997
May 6,
date
made
May
23, 1997
161/2000
Apr 1,
date
specified
Oct 6,
38/2003
Feb
21, 2003
date
specified
Mar 7,
66/2003
Mar
28, 2003
date
specified
Apr
18, 2003
138/2004
Apr 1,
date
specified
Apr 30,
133/2006
Jul
24, 2006
date
specified
Aug
18, 2006
26/2009
Feb 3,
date
specified
Feb
13, 2009
16/2012
Jan
10, 2012
date
specified
Jan
27, 2012
202/2012
Oct
30, 2012
date
specified
Nov
16, 2012
113/2018
Jul 3,
date
specified
Jul 20,
23/2021
Jan
26, 2021
date
specified
Feb
12, 2021
13/2024
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
1 ........................................................
rs . 16/2012 2
3 ........................................................
rs . 133/2006
3(1) ..................................................
am. 16/2012 (clause lettering removed)
3(1), defn . of “Act” .....................
ad. 16/2012
3(1), defn . of “contract
of insurance” ..................................................
rep. 16/2012
3(1), defn . of “General
Regulations” ..................................................
ad. 16/2012 ; rep. 113/2018
3(1), defn . of “strawberries” .......
rs . 202/2012
3(1), defn . of “terms and
conditions of the Contract of Insurance” .......
ad. 16/2012 ; am. 113/2018
4(d) ...................................................
rs . 202/2012
4(1) ...................................................
am. 13/2024
4(m) ..................................................
ad. 13/2024
5(1) ...................................................
rs . 202/2012
6 ........................................................
rs . 133/2006, 16/2012,
202/2012; am. 113/2018
7 ........................................................
rs . 133/2006; rep. 16/2012
7 ........................................................
ad. 202/2012
8 ........................................................
rs . 16/2012, 202/2012
9 ........................................................
rs . 133/2006
9(1)-(2) ........................................
rs . 38/2003
9A .....................................................
ad. 133/2006
10 ......................................................
rs . 161/2000, 133/2006
10(1) ............................................
rs . 38/2003
12 ......................................................
rs . 133/2006
12(1) ............................................
rs . 38/2003, 66/2003,
138/2004
12(2) ............................................
rs . 47/1997, 23/2021
12(5) ............................................
am. 16/2012
14A ...................................................
ad. 202/2012
16 ......................................................
rep. 16/2012
17 ......................................................
rs . 202/2012
19 ......................................................
rs . 133/2006, 26/2009
19A ...................................................
ad. 133/2006 ; rep. 16/2012
19 A( 1) .........................................
rs . 26/2009
20 ......................................................
rs . 47/1997, 130/2006; rep. 16/2012
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
Note
Effective
date
Clauses 18(
a) and (
b) that were numbered as subsections 18(1) and (2) in original text redesignated
as clauses 18(
a) and (
b) for the purposes of this consolidation.
Title of regulations amended from The Nova Scotia Crop and Livestock Insurance Plan for Strawberries .
Jan 10, 2012
Repealed and Superseded:
N.S.
Regulation
Title
In force
date
Repealed
date
4/1974
Nova
Scotia Crop and Livestock Insurance Plan for Strawberries
Jan 8,
Jun
24, 1975
102/1975
Nova
Scotia Crop and Livestock Insurance Plan for Strawberries
Jun
24, 1975
Sep
20, 1977
114/1977
Nova
Scotia Crop and Livestock Insurance Plan for Strawberries
Sep
20, 1977
Aug 5,
130/1980
Nova
Scotia Crop and Livestock Insurance Plan for Strawberries
Aug 5,
May
18, 1982
110/1982
Nova
Scotia Crop and Livestock Insurance Plan for Strawberries
May
18, 1982
Feb 5,
26/1985
Nova
Scotia Crop and Livestock Insurance Plan for Strawberries
Feb 5,
Apr
29, 1986
68/1986
Nova
Scotia Crop and Livestock Insurance Plan for Strawberries
Apr
29, 1986
May
31, 1988
124/1988
Nova Scotia
Crop and Livestock Insurance Plan for Strawberries
May
31, 1988
Jan 3,
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.