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 Tree Fruit

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2003-268 (effective June 20, 2003), N.S. Reg. 121/2003

amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 14/2024

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

Production guarantee report

Premium

Harvesting

Final date for harvest

Harvest yield report

Evaluation of yield loss

Deadline for notice of claim resulting from reduction in yield

Apples eligible for storage coverage

Final date for apple storage coverage

Evaluation of apple storage loss

Final adjustment of apple storage loss

Citation

1 This plan may be cited as the Crop Insurance Plan for Tree Fruit .

Purpose

2 The purpose of this plan is to provide for

(

a) insurance against a reduction in yield or quality of tree fruit resulting from one

or more of the perils designated in

Section 4; and

(

b) apple storage coverage for fresh or processing apples of certain varieties in

storage that are lost as a result of 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 tree fruit

crop determined in accordance with subsection 10(3);

“designated perils” means the perils designated in

Section 4 for the purpose of this

plan;

“production guarantee report” means a report by the Commission pursuant to

Section 13 respecting the amount of coverage being offered to an insured person;

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 total guaranteed production determined

pursuant to

Section 10; and

“tree fruit” means all varieties of apples, peaches and pears produced in Nova Scotia

that are accepted by the Commission for insurance coverage.

(2) For the purpose of this plan,

(

a) a bushel of apples weighs 42 lbs.;

(

b) a bushel of peaches weighs 50 lbs.;

(

c) a bushel of pears weighs 50 lbs.

Designation of perils

4 The following are designated as perils for tree fruit:

(

a) winter injury;

(

b) spring frost;

(

c) hail;

(

d) fall frost;

(

e) drought;

(

f) excessive moisture;

(

g) unavoidable pollination failure;

(

h) off crop due to adverse weather not described in the other designated perils;

(

i) wind

(

i) for McIntosh variety apples, prior to October 13 in each crop year,

(ii) for all pear varieties, prior to October 23 in each crop year, and

(iii) for all apple varieties other than McIntosh, prior to November 6 in each

crop year;

(

j) wildlife, excluding mouse damage;

(

k) pests; and

(

l) wildfire.

Designation of crop year

5 The crop year for tree fruit is the period from December 1 in any year to November 30 of

the following 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 November

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

Coverage

(1) All the area of apples owned or operated by an insured person and to be harvested

may be offered for insurance coverage.

(2) All the area of peaches owned or operated by an insured person and to be harvested

may be offered for insurance coverage.

(3) All the area of pears owned or operated by an insured person and to be harvested

may be offered for insurance coverage.

(4) If only one crop is offered for insurance coverage by an insured person pursuant to

subsection (1), (2) or (3), that crop must be the major tree fruit crop produced by the

insured person.

(5) The Commission may insure all or part of the area offered for insurance coverage.

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

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

Total guaranteed production

(1) An insured person must select 1 of the coverage levels offered by the Commission

before the beginning of the crop year.

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

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

area of that insured tree fruit crop.

(3) The average insurable yield of an insurable tree fruit 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 must establish price options for each insurable

tree fruit crop.

(2) Subject to subsection (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.

(3) The price option selected by an insured person as the established price shall not

exceed the actual average price received by the insured person for their insurable tree

fruit crop over the immediately preceding 2 years.

Maximum indemnity

12 The maximum indemnity for which the Commission is liable under the contract of

insurance shall be the amount obtained by multiplying the total guaranteed production by

the established price prescribed in to

Section 11.

Production guarantee report

(1) For each crop year, the Commission must issue a production guarantee report to an

insured person.

(2) A production guarantee report must

(

a) set out detailed information about the expected yield and grade of the insured

person’s crop;

(

b) state the amount of insurance coverage offered by the Commission to the

insured person; and

(

c) state the total guaranteed production offered by the Commission to the insured

person.

(3) The premium payable for a crop year shall be based on the amount of insurance

coverage stated in the production guarantee report for the crop year.

(4) If the Commission receives information indicating that the productive capability of a

tree fruit orchard has changed, it may revise the production guarantee report in any or

all respects and adjust the premium accordingly and, if so, shall notify the insured

person in writing respecting the revision and adjustment.

(5) An insured person shall be deemed to have agreed with the revision and adjustment

by the Commission under subsection (4) unless, within 10 days following 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.

(6) If the Commission receives notice from an insured person under subsection (5), it

may notify the insured person in writing that the contract of insurance does not apply

for the crop year to which the production guarantee report applies and, if so, shall

refund the premium deposit paid in respect of that crop year.

(7) A production guarantee report that is revised under subsection (4) shall, failing

notice under subsection (5), be the production guarantee report for the crop year.

Premium

(1) The base premium rate shall be based on a methodology set by an actuary and

approved by the Commission.

(2) The Commission, in consultation with an actuary, may adjust the base premium rate.

(3) [repealed]

(4) Despite subsections (1) and (2), the minimum annual premium payable by an insured

person in each crop year is $50.

(5) The premium determined under subsections (1) and (2) includes premium payments

(Canada) and the Province under the Act.

(1) An insured person shall pay the premium less the premium deposit required by

clause 6(

b) 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 per month will be charged by the

Commission on an overdue account.

16 [repealed]

Harvesting

(1) All the area of tree fruit owned or operated by an insured person in a crop year shall

be harvested unless the Commission consents in writing to a written request by an

insured person to abandon or destroy any part of the insured crop.

(2) If part of an insured crop is abandoned or destroyed without the consent required by

subsection (1), the guaranteed production shall be adjusted at a level not to exceed

the total guaranteed production in effect.

18 [repealed]

Final date for harvest

(1) The final date for harvest in a crop year must be 1 of the following:

(

a) November 6 for all varieties of apples;

(

b) October 23 for all varieties of pears;

(

c) September 30 for all varieties of peaches;

(

d) a date determined by the Commission.

(2) The Commission may establish a potential yield for any insured area not harvested

by the final harvest date.

Harvest yield report

20 On or before January 15 annually, an insured person must file a harvest yield report on a

harvest yield report form provided by the Commission for this purpose.

Evaluation of yield loss

21 For the purpose of determining the reduction in yield of tree fruit in a crop year and any

indemnity payable,

(

a) the actual production of the total area harvested for apples, the actual

production of the total area harvested for peaches and the actual production of

the total area harvested for pears shall be taken into account separately; and

(

b) the actual production shall be adjusted based on the quality blend of apples, the

quality blend of peaches or the quality blend of pears harvested, based on a

method approved by the Commission.

Deadline for notice of claim resulting from reduction in yield

Insurance, a notice of claim under this plan as a result of a reduction in yield must be

given no later than January 15 in the year following the end of the crop year for which the

claim is being made.

Apples eligible for storage coverage

(1) All late-variety apples, except Gravenstein apples, that are placed in storage for the

purpose of marketing as fresh or processing apples are eligible for apple storage

coverage under a contract of insurance.

(2) [repealed]

24 [repealed]

Final date for apple storage coverage

(1) The final date for apple storage coverage is

(

a) December 31 in the year of harvest for fresh and processing apples in cold

storage; or

(

b) June 30 of the year following the year of harvest for fresh apples in controlled

atmosphere storage.

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

Section 19 and the final date for insurance protection pursuant to subsection (1) shall

be limited to storage losses resulting from one or more of the designated perils.

Evaluation of apple storage loss

(1) The volume of all apples in storage in the Province on November 15 in a crop year

shall be the basis for evaluating claims under this Section.

(2) Before an insured person is eligible to make a claim for apple storage loss, the

storage losses must affect at least

(a) 10% of all apples in storage; or

(b) 60% of all apples of a specific variety in storage.

(3) [repealed]

(4) Each pound of fresh or processing apples that is lost in storage and for which an

insured person is eligible to make a claim pursuant to subsection (2) must be valued

at 80% of its established price in the insured person’s production guarantee report.

(5) No indemnity shall be paid for loss in storage unless an insured person establishes to

the satisfaction of the Commission that the loss

(

a) resulted directly from one or more designated perils; and

(

b) was not caused by management of the storage facility.

Final adjustment of apple storage loss

27 An indemnity payable to an insured person for production losses and for storage losses

shall not exceed the value of the total guaranteed production as stated on the production

guarantee report made pursuant to

Section 13.

28 [repealed]

Legislative History

Reference Tables

Crop Insurance Plan for Tree Fruit

N.S. Reg. 121/2003

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 Tree Fruit 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

121/2003

Jun 20, 2003

date specified

Jul 11, 2003

139/2004

Apr 1,

date

specified

Apr

30, 2004

134/2006

Jul

24, 2006

date

specified

Aug

18, 2006

28/2009

Feb 3,

date

specified

Feb

13, 2009

170/2011

Apr

19, 2011

date

specified

May 6,

17/2012

Jan

10, 2012

date specified

Jan

27, 2012

233/2015

Jun 9,

date

specified

Jun

26, 2015

114/2018

Jul 3,

date

specified

Jul

20, 2018

24/2021

Jan

26, 2021

date

specified

Feb

12, 2021

164/2023

Sep

12, 2023

date

specified

Sep

22, 2023

14/2024

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 . 17/2012 1

3(1) ...................................................

am. 17/2012 (clause lettering removed)

.. 3(1), defn . of “Act” .......................

ad. 17/2012

.. 3(1)(

a) defn . of “average

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

rs . 134/2006

.. 3(1)(

b) defn . of “contract of

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

rs . 134/2006

.. 3(1), defn . of “contract of insurance” .......................................................

rep. 17/2012

.. 3(1), defn . of “terms and

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

ad. 17/2012 ; am. 114/2018

.. 3(1)(

f) defn . of “tree fruit” ............

rs . 170/2011

3(2) ...................................................

rs . 170/2011

. 3(2)(c) .............................................

am. 164/2023

. 3(2)(d)-(e) .......................................

rep. 164/2023

4(a) ...................................................

rs . 17/2012

4(i)(i)-(ii) ..........................................

rs . 164/2023

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

ad. 164/2023

4(j) ....................................................

ad. 17/2012 ; am. 164/2023

4(k) ...................................................

ad. 164/2023 ; am. 14/2024

4(l) ....................................................

ad. 14/2024

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

rs . 134/2006; rep. 17/2012

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

rs . 134/2006; rep. 17/2012

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

rs . 17/2012

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

rs . 170/2011

.. 9(5) ................................................

ad. 134/2006

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

rs . 134/2006

. 10(1) ...............................................

rs . 164/2023

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

rs . 134/2006

. 11(1) ...............................................

rs . 164/2023

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

rs . 164/2023

14 ......................................................

rs . 134/2006

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

rs . 139/2004

.. 14(2) ..............................................

rs . 24/2021, 164/2023

.. 14(3) ..............................................

rep. 164/2023

.. 14(4) ..............................................

am.

164/2023

.. 14(5) ..............................................

am. 17/2012, 164/2023

16 ......................................................

rep. 17/2012

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

rep. 17/2012

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

rs . 170/2011

. 19(1) ...............................................

rs . 164/2023

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

rs . 134/2006, 28/2009

21 ......................................................

rs . 170/2011

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

rs . 134/2006, 28/2009,

17/2012

.. 22(1) ..............................................

rs . 28/2009, 170/2011

23(2) .................................................

rep. 233/2015

24 ......................................................

rep. 17/2012

26(2) .................................................

rs . 233/2015

26(3) .................................................

rep. 233/2015

26(4) .................................................

am. 233/2015; rs . 164/2023

26(5) .................................................

rs . 233/2015

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

rs . 134/2006; rep. 17/2012

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Title of regulations amended from The Nova Scotia Crop Insurance Plan for Tree Fruit .

Jan 10, 2012

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

31/1971

Nova

Scotia Crop Insurance Plan for Tree Fruit

Aug

17, 1971

Feb 6,

17/1973

Nova

Scotia Crop Insurance Plan for Tree Fruit

Feb 6,

Jul

23, 1974

67/1974

Nova

Scotia Crop Insurance Plan for Tree Fruit

Jul

23, 1974

Jun

24, 1975

102/1975

Nova

Scotia Crop Insurance Plan for Tree Fruit

Jun

24, 1975

Sep

20, 1977

114/1977

Nova

Scotia Crop Insurance Plan for Tree Fruit

Sep

20, 1977

Aug 1,

164/1978

Nova

Scotia Crop Insurance Plan for Tree Fruit

Aug 1,

Feb

23, 1982

36/1982

Nova

Scotia Crop Insurance Plan for Tree Fruit

Feb

23, 1982

Jul

12, 1983

153/1983

Nova

Scotia Crop Insurance Plan for Tree Fruit

Jul

12, 1983

Mar

20, 1984

57/1984

Nova

Scotia Crop Insurance Plan for Tree Fruit

Mar

20, 1984

Feb 5,

26/1985

Nova

Scotia Crop Insurance Plan for Tree Fruit

Feb 5,

May

31, 1988

124/1988

Nova

Scotia Crop Insurance Plan for Tree Fruit

May

31, 1988

Jun

20, 1989

86/1989

Nova

Scotia Crop Insurance Plan for Tree Fruit

Jun

20, 1989

May 8,

133/1990

Nova

Scotia Crop Insurance Plan for Tree Fruit

May 8,

Dec 8,

263/1992

Nova

Scotia Crop Insurance Plan for Tree Fruit

Dec 8,

Jan 3,

6/1995

Nova

Scotia Crop Insurance Plan for Tree Fruit

Jan 3,

Jun

20, 2003

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.