Plans Regulations (N.S. Reg. 6/1995) (just regulations regs CLIstraw.htm)

N.S. Reg. 6/1995

Nova Scotia — Regulations

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.

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 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.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 6/1995
Date1995-01-01
Typeregulation
Volume / chapterjust regulations regs CLIstraw.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifier13ce3146a7e4a03970e602481f145d54f97f1e28

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