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Part II .

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Crop Insurance Plan for Acreage Loss

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2016-73 (effective March 29, 2016), N.S. Reg. 51/2016

amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 4/2024

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

Determining eligible crops

Eligibility for coverage under this plan

Designated perils

Crop year

Deadline for notice of cancellation of insurance

Coverage

Established value for eligible crop

Maximum indemnity

Premiums

Deadline for paying premium

Final acreage calculation

Measuring actual area of insured crop

When indemnity payable

Calculating indemnity payable

When no indemnity payable

Citation

1 This plan may be cited as the Crop Insurance Plan for Acreage Loss .

Purpose

2 The purpose of this plan is to provide for insurance against a loss of production of or

damage to eligible crops caused by 1 or more of the perils designated in

Section 6.

Interpretation

3 In this plan,

“Act” means the Crop and Livestock Insurance Act ;

“eligible crops” in any crop year means crops that are determined by the

Commission under

Section 4 to be eligible for insurance under this plan in that crop

year;

“established value”, in relation to an eligible crop, means the value per acre for the

crop established by the Commission under

Section 10 for the purpose of calculating

indemnity under this plan;

“final acreage”, in relation to an eligible crop, means the total number of acres of that

crop that are insured under this plan in a crop year, as declared by the insured person

or revised or set by the Commission in accordance with Sections 14 and 15;

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

Regulations made under the Act.

Determining eligible crops

4 Before the beginning of each crop year, the Commission must determine the eligible crops

for that crop year and publish a list of those eligible crops on the Commission’s website

and in any other manner that the Commission considers advisable.

Eligibility for coverage under this plan

5 An insurable person who has planted at least 2 acres of an eligible crop or any combination

of 2 or more eligible crops is eligible to apply for insurance under this plan.

Designated perils

6 The following are designated as perils for the purpose of this plan:

(

a) frost occurring between the dates of May 1 and September 30;

(

b) hail;

(

c) disease for which there is no known control;

(

d) drought;

(

e) excessive moisture;

(

f) off-crop due to adverse weather;

(

g) wind;

(

h) insects for which there is no known control;

(

i) wildlife for which there is no known control;

(

j) excessive heat; and

(

k) wildfire.

Crop year

7 The crop year for the purposes of this plan is the period from April 1 in any year to

November 30 of the same year.

Deadline for notice of cancellation of insurance

a notice of cancellation of insurance under this plan must be given no later than March 31

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

Coverage

(1) All the area of each type of vegetable owned or operated by an insured person and to

be harvested is eligible to be offered for insurance coverage.

(2) If an insured person offers an area of vegetables for insurance coverage, the entire

area of that vegetable type must be offered for insurance coverage.

(3) The Commission may insure all or part of an area of vegetables offered for

insurance coverage.

(4) On written application by an insured person, the Commission may insure a

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

Established value for eligible crop

10 For each crop year, the Commission must establish the value per acre for each eligible crop

and must announce the established values to insured persons before the beginning of the

crop year by publishing them to the Commission’s website and in any other manner that

the Commission considers advisable.

Maximum indemnity

11 The maximum indemnity for an insured crop for which the Commission is liable under a

contract of insurance under this plan is the amount obtained by multiplying the total

number of acres of the insured crop by the established value for that crop.

Premiums

(1) The base premium rate 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.

(2) The minimum annual premium payable by an insured person in each crop year is

$50.

(3) The premium determined pursuant to subsection (1) includes premium payments

(Canada) and the Province under the Act.

Deadline for paying premium

(1) An insured person must pay their premium, less any premium deposit previously

paid, to the Commission no later than August 1 for the current crop year.

(2) If an insured person is late paying their premium, interest of 1.5% per month or $5

per month, whichever is more, is charged by the Commission on the overdue

account.

Final acreage calculation

(1) No later than June 1 in a crop year, an insured person must file a declaration with the

Commission stating the final acreage for each of their insured crops, on a form

provided by the Commission for this purpose.

(2) If the Commission finds that the actual measured acreage of an insured crop is

different from the final acreage stated in a declaration filed under subsection (1), the

Commission may revise the final acreage accordingly in accordance with

Section 15,

and in that case must notify the insured person in writing of the revision to the final

acreage and any adjustment of the premium.

(3) An insured person who receives notice from the Commission of a revised final

acreage calculation is deemed to agree with the revision unless, no later than 10 days

after the date the notice is received, the insured person notifies the Commission in

writing that they object to the revision.

(4) On receiving a notice of objection from an insured person under subsection (3), the

Commission may notify the insured person in writing that the contract of insurance

does not apply for the crop year for which the final acreage declaration was filed and,

in that case, the Commission must refund any premium deposit paid by the insured

person for that crop year.

(5) Unless the insured person notifies the Commission under subsection (3) that they

object to the Commission’s revision, a revised final acreage set by the Commission

for an insured crop is the final acreage for that crop.

(6) 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 insured crops for that crop

year; or

(

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

(7) On setting the final acreage for an insured crop under clause (6)(a), the Commission

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

manner of secure delivery that the Commission considers appropriate.

Measuring actual area of insured crop

(1) The Commission has sole discretion in determining the method used to measure the

area of an insured crop.

(2) [repealed]

(3) [repealed]

Notice of crop damage

Insurance, an insured person must notify the Commission in accordance with

subsection (2) of crop loss or damage that occurs at any time during the crop year.

(2) Notice to the Commission of crop loss or damage must be given as follows:

(

a) by telephone to the Commission immediately after the loss or damage becomes

apparent; and

(

b) no later than 3 days following the telephone notice provided under clause (a),

by submitting a completed notice of crop loss or damage to the Commission

on a form provided by the Commission for that purpose.

(3) On receiving notice of crop loss or damage, the Commission may consent in writing

to the abandonment or destruction of the insured crop on the damaged area and, in

that case, it must determine the damaged area.

(4) A notice of crop loss or damage is considered only if the loss or damage occurs to at

least 1/2 acre of the insured area.

When indemnity payable

17 An indemnity is payable to an insured person only if

(

a) the Commission has given the insured person written permission to abandon or

destroy an area of an insured crop;

(

b) the affected area of an insured crop is destroyed by any means that are

acceptable to the Commission.

Calculating indemnity payable

18 Subject to any adjustment under

Section 15 to the indemnity payable, the indemnity

payable for an insured crop is 90% of the amount obtained by multiplying the number of

destroyed acres by the established value for that crop.

When no indemnity payable

(1) No indemnity is payable under this plan with respect to a damaged area of an insured

crop in any of the following circumstances:

(

a) the damaged area of the insured crop is not destroyed after the Commission has

consented to its destruction;

(

b) the insured person harvests all or part of their insured crop.

(2) If an insured person abandons all or part of their insured crop without the consent in

writing of the Commission, no indemnity is payable under this plan with respect to

the abandoned area.

Legislative History

Reference Tables

Crop Insurance Plan for Acreage Loss

N.S. Reg.

51/2016

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 Acreage Loss 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

51/2016

Mar 29, 2016

date specified

Apr 15, 2016

104/2018

Jul 3,

date

specified

Jul

20, 2018

14/2021

Jan

26, 2021

date

specified

Feb

12, 2021

4/2024

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, defn . of “terms and

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

am. 104/2018

6(j) ....................................................

am. 4/2024

6(k) ...................................................

ad. 4/2024

9 ........................................................

rs . 104/2018

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

ad. 14/2021

14(1) .................................................

am. 14/2021

15(2)-(3) ...........................................

rep. 14/2021

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

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.