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Part II .

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Crop Insurance Plan for Grapes

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2015-332 (effective October 20, 2015), N.S. Reg. 342/2015

amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 8/2024

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

Citation

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

Purpose

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

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 grape

crop determined in accordance with subsection 8(3);

“designated perils” means the perils designated in

Section 4;

“production guarantee report” means a report by the Commission under

Section 11

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

under

Section 8.

Designation of perils

4 The following are designated as perils for grapes:

(

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;

(

j) wildlife for which there is no known control, excluding mice;

(

k) disease for which there is no known control;

(

l) insects for which there is no known control; and

(

m) wildfire.

Designation of crop year

5 The crop year for grapes is the period from November 15 in any year to November 14 of

the following year.

Deadline for notice of cancellation of insurance

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

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

Coverage

(1) All of the grape crop that is owned or operated by an insured person and is to be

harvested must be offered for insurance coverage.

(2) The Commission may insure all or part of a grape crop offered for insurance

coverage.

(3) French hybrid, Labrusca, and Vinifera varieties of grapes must be insured separately

from each other.

Total guaranteed production

(1) An insured person must select a coverage level of 70%, 80%, 85% or 90% of the

average insurable yield of an insurable grape crop to determine the guaranteed

production for that crop in a crop year.

(2) The total guaranteed production for an insured grape crop is determined by

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

area of that insured grape crop.

(3) The average insurable yield of an insurable grape crop is the potential production of

that crop as determined by the Commission from the insured person’s yield records,

using 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

grape crop, and announce these options to insured persons before the beginning of

the crop year.

(2) An insured person must select the maximum price or a lower option set by the

Commission as the established price.

(3) The price option an insured person selects as the established price for their insurable

grape crop must not exceed the actual average price received by the insured person

for their insurable grape crop over the immediately preceding 2 years.

Maximum indemnity

10 The maximum indemnity that the Commission is liable for under a contract of insurance is

the amount obtained by multiplying the total guaranteed production by the established

price selected under

Section 9.

Production guarantee report

(1) The Commission must issue a production guarantee report to an insured person on or

before April 30 of the crop year to which it applies.

(2) A production guarantee report must include all of the following information with

respect to the crop year to which it applies:

(

a) detailed information about the expected yield of the insured person’s crop;

(

b) a statement of the amount of insurance coverage offered by the Commission to

the insured person;

(

c) a statement of the total guaranteed production for the insured crop.

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

stated in the production guarantee report for the crop year.

(4) On receiving information indicating that the productive capability of a vineyard has

changed, the Commission may revise the production guarantee report in any or all

respects and adjust the premium accordingly and, in that case, must notify the

insured person in writing.

(5) An insured person is deemed to agree with the Commission’s revision and

adjustment under subsection (4) unless, no later than 10 days after the date the

Commission’s notice is mailed or delivered, the insured person notifies the

Commission in writing that they reject the revision and adjustment.

(6) On receiving notice from an insured person under subsection (5), the Commission

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

for the crop year that the production guarantee report applies to and, in that case, the

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

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

reject the Commission’s revision and adjustment, a production guarantee report that

is revised under subsection (4) is the production guarantee report for the crop year.

Premium

(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 premium determined under subsections (1) and (1A) includes premium

Act (Canada) and the Province under the Act.

(3) Despite subsections (1) and (1A), the minimum annual premium payable by an

insured person in each crop year is $50.

(4) An insured person must pay interest of 1.5% per month or $5 per month, whichever

is greater, on an overdue account.

Harvesting

(1) All of the grape crop owned or operated by an insured person in a crop year must be

harvested unless

(

a) the insured person makes a written request to the Commission to abandon or

destroy any part of the insured crop; and

(

b) the Commission consents in writing to the written request made under clause

(a).

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

subsection (1), the guaranteed production must be reduced accordingly, and no

premium refund is payable.

Final date for harvest

(1) The final date for harvest in a crop year is November 14, unless the Commission sets

another date.

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

by the final harvest date.

Harvest yield report

15 No later than 30 days after the completion of harvest, an insured person must file a harvest

yield report on a harvest yield report form provided by the Commission.

Evaluation of yield loss

16 To determine the reduction in yield of grapes in a crop year and any indemnity payable, the

actual production of the total area harvested for each of French hybrid grapes, Labrusca

grapes and Vinifera grapes must be taken into account separately.

Legislative History

Reference Tables

Crop Insurance Plan for Grapes

N.S. Reg.

342/2015

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 Grapes 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

342/2015

Oct 20, 2015

date specified

Oct 30, 2015

108/2018

Jul 3,

date

specified

Jul 20,

18/2021

Jan

26, 2021

date

specified

Feb

12, 2021

8/2024

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. 108/2018

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

am. 8/2024

4(m) ..................................................

ad. 8/2024

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

am. 18/2021

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

ad. 18/2021

12(2)-(3) ...........................................

am. 18/2021

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

am. 18/2021

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.