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.

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Crop Insurance Plan for Weather

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2006-343 (effective July 24, 2006), N.S. Reg. 124/2006

amended to O.I.C. 2021-15 (effective January 26, 2021), N.S. Reg. 27/2021

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

Designated perils

Deadline for notice of cancellation of insurance

Insurance coverage limits

Coverage periods

Established dollar-value-per-acre options

Insured crop value

Premium

Designated weather stations

Final acreage declaration

Guaranteed rainfall

Evaluation of loss

Additional coverage for fodder crops

Citation

1 This Plan may be cited as the Crop Insurance Plan for Weather .

Purpose

2 The purpose of this plan is to provide for insurance against a loss in crops as a result of

designated perils related to weather.

Interpretation

3 In this plan,

“Act” means the Crop and Livestock Insurance Act ;

“crop year” means the period from May 1 to August 31 in the same year;

“designated peril” means a peril designated in

Section 4;

“fodder crop” means a crop that is grown and managed to produce stored livestock

feed and is accepted by the Commission for coverage under this plan, but does not

include a pasture crop;

“forage crop” means

(

i) a pasture crop, or

(ii) a fodder crop;

“pasture crop” means a crop of any mixture that is grown and managed for grazing

livestock;

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

Regulations made under the Act.

Designated perils

4 All of the following are designated as perils under this plan:

(

a) insufficient rainfall, as determined under

Section 15;

(

b) extended periods of rain during the month of June in a crop year for fodder

crops, as determined under

Section 16.

5 [repealed]

6 [repealed]

Deadline for notice of cancellation of insurance

a notice of cancellation of insurance under this plan must be given no later than April 30 of

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

Insurance coverage limits

(1) Except as provided in subsection (4), any insurable crop offered for insurance may

be insured under this plan.

(2) For forage crops, a person may apply to insure a pasture crop, a fodder crop or both

types of crops, but pasture and fodder crops must be accounted for separately under a

contract of insurance.

(3) The Commission may insure all or part of an insurable crop under this plan.

(4) A crop insured under any other plan under the Act is not insurable under this plan.

Coverage periods

(1) A crop is only insurable under this plan for the coverage period for the crop as set

out in this Section, and no indemnity is available for a claim arising for loss

occurring before or after the coverage period.

(2) The coverage period for a fodder crop is one of the following, as selected by the

person applying for insurance:

(

a) from May 1 to June 30 in a crop year;

(

b) from May 1 to July 31 in a crop year;

(

c) from May 1 to August 31 in a crop year.

(3) The coverage period for a pasture crop or a forage crop that consists of both a

pasture crop and a fodder crop is the period from May 1 to August 31 in a crop year.

Established dollar-value-per-acre options

(1) Before the beginning of each crop year, the Commission must establish and publish

dollar-value-per-acre options for insurable crops.

(2) An applicant for insurance under this plan must select one of the options established

under subsection (1) as the dollar value per acre to be used for calculating premium

and indemnity in their contract of insurance.

Insured crop value

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

appropriate.

(2) The total crop value is calculated by multiplying the number of insured acres by the

dollar value per acre for the crop under a contract of insurance.

Premium

(1) The base premium rates set by the Commission for insurance under this plan must be

based on a methodology set by an actuary and approved by the Commission.

(1A) The base premium rate must be adjusted by a factor approved by the Commission in

consultation with an actuary.

under the Farm Income Protection Act (Canada) and the Province under the Act.

(3) An additional premium surcharge must be applied to all insured areas of crops for

which additional coverage for fodder crops, as provided for in

Section 16, is

included in a contract of insurance.

(4) An applicant for insurance under this plan must pay their share of the total premium

at the time they file their application.

(5) The minimum premium payable by an insured person in a crop year is $50.00.

Designated weather stations

(1) Before the beginning of each crop year, the Commission must designate weather

stations to record weather data for the purpose of this Plan.

(2) An applicant for insurance under this plan must select one of the designated weather

stations as their choice for the weather station to be used for weather data used in

calculating coverage and indemnity under their contract of insurance.

(3) The Commission may assign a different designated weather station than the one

selected by the applicant to collect weather data for the purpose of calculating

coverage and indemnity under the applicant’s contract of insurance.

(4) An insured person’s designated weather station, as selected by the applicant or as

assigned by the Commission, must be identified in their contract of insurance.

(5) The Commission must notify an insured person in writing when the designated

weather station identified in their contract of insurance differs from the weather

station the person selected under subsection (2).

Final acreage declaration

13A

(1) No later than April 30 in a crop year, an insured person must file a final acreage

declaration with the Commission stating the final acreage to be insured against

drought and the final acreage to be insured against excess rainfall on a form provided

by the Commission.

(2) If an insured person fails to file a final acreage declaration in any crop year, the

Commission may

(

a) set the final acreage for each of the insured person’s crops for that crop year; or

(

b) deem the insured area to be nil for that crop year.

(3) On setting the final acreage for an insured person’s crop under clause (2)(a), the

Commission must notify the insured person of the final acreage by regular mail or

any other manner of secure delivery that the Commission considers appropriate.

Guaranteed rainfall

14 The guaranteed rainfall under a contract of insurance is 80% of the long term average

rainfall for the coverage period as recorded at the designated weather station identified in

the person’s contract of insurance.

Evaluation of loss

(1) The amount of an indemnity payable for insufficient rainfall is calculated by the

following formula:

WRL x VPMR x 1.2

where: WRL = the total weighted rainfall loss for the coverage period

determined from the monthly weighted rainfall losses and surpluses

calculated under subsection (4), and

VPMR = the value per millimeter of rain determined under subsection (5).

(2) The daily rainfall amount used to calculate monthly rainfall amounts and rainfall loss

under a contract of insurance is capped at a maximum of 70 mm and the monthly

rainfall amount used must be 130%, or less, of the long term average rainfall for that

month recorded at the designated weather station identified in the person’s contract

of insurance.

(3) The amount of rainfall loss under a contract of insurance must be calculated by

subtracting the monthly rainfall amount, capped as set out in subsection (2), from the

guaranteed rainfall for that month.

(4) The monthly rainfall loss or surplus determined under subsection (3) must be

multiplied by the following weighted factor:

Month

Weighted Factor

May

1.1

June

July

August

0.9

(5) The value per millimeter of rain must be calculated by dividing the total crop value

by the long-term average rainfall for the coverage period as recorded at the

designated weather station identified in the insured person’s contract of insurance.

Additional coverage for fodder crops

(1) In this Section, “rain day” means a day for which 5 mm or more of rainfall is

recorded at the designated weather station identified in the insured person’s contract

of insurance.

(2) An applicant for insurance under this plan may opt to purchase additional coverage

for a fodder crop to cover a weather event consisting of 3 consecutive rain days

recorded during June 1 to June 30 in a crop year.

(3) The indemnity payable to an insured person under this

Section is 20% multiplied by

the dollar value per acre for the crop under their contract of insurance.

(4) An insured person may only claim for 2 weather events under this

Section in a crop

year.

(5) A rain day cannot be included in more than one weather event under this Section.

17 [repealed]

18 [repealed]

19 [repealed]

Legislative History

Reference Tables

Crop Insurance Plan for Weather

N.S. Reg.

124/2006

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 Weather 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

124/2006

Jul 24, 2006

date specified

Aug 18, 2006

20/2012

Jan

10, 2012

date

specified

Jan

27, 2012

37/2016

Feb

29, 2016

date

specified

Mar

18, 2016

117/2018

Jul 3,

date

specified

Jul

20, 2018

27/2021

Jan

26, 2021

date

specified

Feb

12, 2021

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 . 20/2012 1

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

am. 20/2012 (clause lettering removed)

3, defn . “contract of

insurance” ..

rep. 20/2012

3, defn . “forage crop” ..................

am. 20/2012

3, defn . “terms and

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

ad. 37/2016 ; am. 117/2018

5 ........................................................

rs . 20/2012; rep. 37/2016

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

rep. 20/2012

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

rs . 20/2012, 37/2016

12(1A) ..............................................

ad. 27/2021

13(3) .................................................

rs . 27/2021

13A ...................................................

ad. 27/2021

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

rep. 20/2012

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

rep. 20/2012

19 ......................................................

rep. 20/2012

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Title amended from Crop

Insurance Weather Plan .

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

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.