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 Potatoes

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2002-407 (effective April 1, 2000), N.S. Reg. 114/2002

amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 9/2024

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 acreage in final seeding report

Final planting date

Harvesting

Final date for insurance protection

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 Potatoes .

Purpose

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

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 potato

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 acreage of potatoes

submitted to the Commission by an insured person pursuant to

Section 15;

“potatoes” means potatoes produced in Nova Scotia for table stock, seed, or

processing under a contract between a grower and a processor;

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 guaranteed production determined pursuant

Section 10;

“Zone 1” means the area of the Province that consists of the Municipality of the

District of West Hants, including the Town of Windsor, Kings County and

Annapolis County;

“Zone 2” means the area of the Province that consists of the Municipality of the

District of East Hants, Halifax Regional Municipality and Colchester County;

“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 potatoes:

(

a) drought;

(

b) wind;

(

c) excessive moisture;

(

d) frost;

(

e) hail;

(

f) insects;

(

g) plant disease;

(

h) wildlife; and

(

i) wildfire.

Designation of crop year

5 The crop year for potatoes is the period from April 20 in any year to December 20 of the

same 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 March 15

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

Coverage

(1) All acreage of potatoes 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 potatoes offered for insurance

coverage.

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

potato 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 potato crop for the purpose of determining the

guaranteed production for that crop in a crop year.

(2) The total guaranteed production for an insured potato crop shall be determined by

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

area of that insured potato crop.

(3) The average insurable yield of an insurable potato 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) Subject to subsection (2), for each crop year, the Commission shall establish price

options for each insurable potato crop, and shall announce these options to insured

persons before the beginning of the crop year.

(2) The Commission shall not establish a price option that is greater than the base price

established by contract for the sale of a potato crop.

(3) 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(3).

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 pursuant to subsections (1), (2) and (3) includes premium

Act (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 August 1 for the current crop year.

(2) Interest of 1.5% per month or a minimum of $5.00 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 acreage 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 acreage in final seeding report

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

appropriate.

(2) Despite

Section 10, where the actual measured acreage of potatoes in a crop year is

less than the insured acreage, 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 acreage of potatoes in a crop year exceeds the

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

calculating indemnity payable.

Final planting date

(1) The final date for planting potatoes in each Zone must be announced by the

Commission before the beginning of the crop year.

(2) Despite subsection (1), the Commission may insure any area of potato planted up to

7 days after the final planting date, but shall reduce the coverage on that area by 5%

for each day after the final planting date that the area remains unplanted.

18 [repealed]

Harvesting

(1) All acreage of potatoes 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

(

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

(

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

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

an insured person in the final seeding report without the consent of the Commission

in writing, shall be adjusted at a level not to exceed the guaranteed production in

effect.

(3) Potatoes harvested prior to August 1 shall be deemed to have a yield no less than the

guaranteed production per acre.

(4) Potatoes harvested during August shall have actual yields adjusted to a mature yield

equivalent using a method approved by the Commission.

20 [repealed]

Final date for insurance protection

(1) The final date for harvest is October 24 or any other date determined by the

Commission, and the Commission may establish a potential yield for any insured

acreage not harvested by that date.

(2) The final date for insurance protection is December 20.

(3) Coverage during the period between the final date for harvest determined pursuant to

subsection (1) and the final date for insurance protection prescribed in subsection

(2) shall be limited to storage losses resulting from one or more of the field-related perils

designated in

Section 4.

Harvest yield report

22 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

23 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 24, 25 and 26, and the final adjustment of loss pursuant to

Section

Stage 1

(1) Stage 1 comprises the period from April 20 to June 30 in the crop year.

(2) Where loss or damage from one or more designated perils occurs during Stage 1 to

an area that meets the minimum area requirement in subsection (2A), the

Commission, upon application in writing by the insured person, may consent in

writing to a request to replant the damaged area, subject to any consent given

pursuant to subsection (5), or to a request to abandon or destroy the insured crop on

the damaged area.

(2A) The minimum area of damage required for a Stage 1 claim is as set out in the

following table:

Area of Potatoes Planted

Minimum Area of Damage

Required for Stage 1 Claim

Less than 60 acres

5% of total area

60 acres or more

3 acres

(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, 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 an adjustment of the total guaranteed

production for the area shall be made, less any potential production applied to the

area multiplied by 50% of the established price.

(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.

(5) The Commission may consent in writing to a written request to replant any damaged

area prior to the final planting date and, when consent is given, shall compensate the

insured person by 30% of the established price multiplied by the guaranteed

production per acre for that damaged area.

(6) When a damaged area is replanted upon consent given pursuant to subsection (5), the

contract of insurance shall continue to apply to the replanted area, and the loss from

the damage shall not be used in the calculation of the average insurable yield in

subsequent insurance years.

Stage 2

(1) Stage 2 comprises the period from July 1 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 occurs 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 number of damaged

acres 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 by subsection 21(1) 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 acres and the potential production determined under

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

(4) When the 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.

28 [repealed]

29 [repealed]

Legislative History

Reference Tables

Crop Insurance Plan for Potatoes

N.S. Reg. 114/2002

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 Potatoes 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

114/2002

Apr 1, 2000

date specified

Oct 4, 2002

63/2003

Apr 1,

date

specified

Apr

18, 2003

135/2004

Apr 1,

date

specified

Apr

30, 2004

129/2006

Jul

24, 2006

date

specified

Aug

18, 2006

21/2009

Feb 3,

date

specified

Feb

13, 2009

12/2012

Jan

10, 2012

date specified

Jan

27, 2012

43/2015

Mar

10, 2015

date

specified

Mar

20, 2015

109/2018

Jul 3,

date

specified

Jul

20, 2018

19/2021

Jan

26, 2021

date

specified

Feb

12, 2021

9/2024

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. 12/2012 (clause lettering removed)

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

ad. 12/2012

3(

a) defn . of “average

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

rs . 129/2006

3(

b) defn . of “contract of

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

rs . 129/2006

3, defn . of “contract of

insurance”

rep. 12/2012

of the Contract of Insurance” .......

ad. 12/2012; am. 109/2018

3(

g) defn . of “Zone 1” .................

ad. 129/2006

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

am. 109/2018

3(

h) defn . of “Zone 2” .................

ad. 129/2006

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

rs . 109/2018

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

ad. 109/2018

4(g) ...................................................

am. 9/2024

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

am. 9/2024

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

ad. 9/2024

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

rs . 129/2006; rep. 12/2012

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

rs . 129/2006; rep. 12/2012

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

rs . 12/2012

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

rs . 129/2006

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

ad. 129/2006

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

rs . 129/2006

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

rs . 129/2006

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

rs . 63/2003, 135/2004,

129/2006

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

rs . 19/2021

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

rs . 129/2006

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

rs . 129/2006

17(1) ............................................

am. 109/2018

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

rep. 12/2012

20 ......................................................

rep. 12/2012

22 ......................................................

rs . 129/2006, 21/2009

24(2) .................................................

am. 43/2015

24(2A) ..............................................

ad. 43/2015

28 ......................................................

rs . 129/2006; rep. 12/2012

28(1) ............................................

rs . 21/2009

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

rs . 129/2006; rep. 12/2012

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

87/1987

Nova

Scotia Crop and Livestock Insurance Plan for Potatoes

Apr

22, 1987

May

31, 1988

124/1988

Nova

Scotia Crop and Livestock Insurance Plan for Potatoes

May

31, 1988

Jan

20, 1989

86/1989

Nova

Scotia Crop and Livestock Insurance Plan for Potatoes

Jan

20, 1989

Jan 3,

6/1995

Nova

Scotia Crop and Livestock Insurance Plan for Potatoes

Jan 3,

Apr 1, 2000

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.