Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 23, No. 19 October 8, 1999 Contents Act Reg. No.

Page Agriculture and Marketing Act C o m m u n i t y P a s t u r e s R e g u l a t i o n s........................ 9 1 / 9 9 5 9 2 Crop and Livestock Insurance Act D e s i g n a t i o n o f R a s p b e r r i e s a s a n I n s u r a b l e C r o p............ 8 9 / 9 9 5 7 4 Crop and Livestock Insurance Forms Regulations and Nova Scotia Crop and Livestock Insurance Plan f o r R a s p b e r r i e s .................................... 9 0 / 9 9 5 7 5 NOW AVAILABLE A Folio Views® searchable CD of the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations is available from the Office of the Registrar of Regulations.

For subscriptions or information please call (902)424-6723 or visit our website at www.gov.ns.ca/just/regulations/cd. 573

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Part II Regulations N.S. Reg. 89/99 Made: September 14, 1999 Filed: September 16, 1999 Designation of Raspberries as an Insurable Crop Order in Council 1999-439 made September 14, 1999 Designation made by the Governor in Council pursuant to clause 7(1)(

a) of the Crop and Livestock Insurance Act The Governor in Council on the report and recommendation of the Minister of Agriculture and Marketing dated August 25, 1999, pursuant to clause 7(1)(

a) of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, is please to designate raspberries as an insurable crop. 574

N.S. Reg. 90/99 ROYAL GAZETTE

Part II Regulations N.S. Reg. 90/99 Made: September 14, 1999 Filed: September 16, 1999 Nova Scotia Crop and Livestock Insurance Plan for Raspberries and Crop and Livestock Insurance Forms Regulations Order in Council 1999-440 made September 14, 1999 Regulations made by the Governor in Council pursuant to

Section 6 of the Crop and Livestock Insurance Act The Governor in Council on the report and recommendation of the Minister of Agriculture and Marketing dated August 25, 1999, pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act, is pleased to approve the making by the Nova Scotia Crop and Livestock Insurance Commission of (

a) a crop insurance plan for raspberries in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation; and (

b) regulations respecting crop and livestock insurance forms in the form set forth in

Schedule “B” attached to and forming part of the report and recommendation.

Schedule “A” Regulations respecting a crop and livestock insurance plan for raspberries made pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act 1 These regulations may be cited as the Nova Scotia Crop and Livestock Insurance Plan for Raspberries. 2 The purpose of this plan is to provide for insurance against a reduction in yield of raspberries resulting from one or more of the perils designated in

Section 4.

Interpretation 3( 1 ) In this plan, (a) “average insurable yield” means the potential production in pints per acre of raspberries as determined by the Commission from an insured person’s production records for the preceding 10 years, and where the required number of years’ production records are not available, the Commission shall index industry averages to the insured person’s existing records to determine values for the missing years using a method approved by the Commission; (b) “contract of insurance” means a contract in Form 1 of the regulations respecting General (Field Crop) Insurance; 575

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Part II Regulations (c) “eligible crop” means raspberry plantings that are at least 3 years of age; (d) “raspberries” means all raspberry varieties produced in Nova Scotia that are recommended by the Department of Agriculture and Marketing; (e) “total guaranteed production” means the guaranteed production as determined pursuant to

Section 9.

(2) For conversion purposes, 1 pint of raspberries weighs 0.3402 kg (0.75 lbs. or 12 oz.) and 1 kg equals 2.2046 lbs. Designation of perils 4 The following are designated as perils: (

a) winter injury; (

b) frost; (

c) hail; (

d) disease; (

e) drought; (

f) excessive moisture; (

g) unavoidable pollination failure; (

h) off crop due to adverse weather; (

i) wind; (

j) insects; (

k) wildlife. Designation of crop year 5 The crop year is the period from November 1 in any year to October 31 in the following year. Application 6 An application for a contract of insurance shall be (

a) on a Contract of Insurance Application Form in Form A of the Crop and Livestock Insurance Forms Regulations; (

b) accompanied by a premium deposit of at least $50; and (

c) filed with the Commission before the start of the first crop year to be insured. Contract of insurance 7 For the purpose of this plan, the entire contract of insurance shall be comprised of (

a) a contract of insurance; (

b) a completed application filed pursuant to clause 6(a); and (

c) a copy of this plan, 576

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Part II Regulations and if a document referred to in clause (a), (

b) or (

c) is subsequently amended while the contract of insurance is still in force, a copy of the amendment shall be delivered to the insured person. Duration of contract 8( 1 ) A contract of insurance shall be in force for the crop year for which it is made and shall continue in force for each crop year after that until it is cancelled by an insured person or the Commission in the manner prescribed by subsections (2) and (3).

(2) A contract of insurance may be cancelled by an insured person or the Commission by notice in writing to the other party by October 31 effective for the start of the next crop year.

(3) A contract of insurance may be cancelled by the Commission by notice in writing to an insured person if the insured person is in arrears in the payment of the premium under the contract. Coverage 9( 1 ) All acreage of raspberries owned or operated by an insured person and to be harvested shall be offered for insurance coverage.

(2) Despite subsection (1), the Commission may insure all or part of the acreage offered for insurance coverage.

(3) The total guaranteed production is the total number of pints equal to 70 percent of the average insurable yield for the total acreage that is insured by the Commission pursuant to subsection (2). Established prices 10

(1) The Commission shall determine 3 price options for raspberries and shall announce these options to an insured person before the start of each crop year.

(2) An insured person may select an established price per pint for the purpose of calculating premium and indemnity. Maximum indemnity 11 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 10(2). Premium 12

(1) The base premium rate shall be determined by a method approved by the Commission and shall be reviewed annually.

(2) The base premium rate shall be adjusted by giving a discount when indemnity is less than total premiums paid or adding a surcharge when indemnity exceeds total premiums, and adjustments will be calculated using the following formula: 577

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Part II Regulations (LR-1) x (n÷(20+n)) where “LR” equals total indemnity divided by total premiums and “n” equals the number of years insured in the plan.

(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 payments made by the Government of Canada under the Farm Income Protection Act (Canada) and the Province under the Act. 13

(1) An insured person shall pay the premium less any premium deposit to the Commission not later than July 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. Incorrect acreage 14

(1) Despite

Section 9, when the actual measured acreage of raspberries 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.

(2) When the actual acreage of raspberries in a crop year exceeds the insured acreage, the measured area yield will be pro-rated to the insured acres in calculating the indemnity payable. Harvesting 15 All acreage of an insured crop shall be harvested unless the Commission gives consent pursuant to clause 19(b). Notice of crop loss or damage 16 In accordance with the contract of insurance, an insured person must notify the Commission in writing within 5 days of any loss or damage to the insured crop.

Final harvest date 17 The final date for harvest shall be August 31, or any other date determined by the Commission. Harvest yield report 18 An insured person shall file a harvest yield report within 15 days of the completion of harvest on a Harvest Yield Report Form in Form B of the Crop and Livestock Insurance Forms Regulations. 578

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Part II Regulations Evaluation of loss 19 The reduction in yield in a crop year and the indemnity payable shall be determined as follows: (

a) when the actual production is less than the total guaranteed production, the adjustment of loss shall be calculated by subtracting the actual production from the total guaranteed production and multiplying the difference by the established price per pint. (

b) when the loss or damage occurs before the completion of harvest, the Commission may consent in writing to a written request to abandon damaged acreage, and shall determine the number of damaged acres and any potential production. Notice of claim 20

(1) Despite subsection 12(1) of the terms and conditions of the contract of insurance, which specifies a 60-day filing period, a claim for an indemnity payable due to a reduction of yield shall be made to the Commission within 15 days of the completion of harvest on a Proof of Loss Form in Form C of the Crop and Livestock Insurance Forms Regulations.

(2) Before a payment for an indemnity pursuant to subsection (1) is made, a signed Claim Release Form in Form D of the Crop and Livestock Insurance Forms Regulations must be received by the Commission.

Arbitration notification 21 Where the Commission and an insured person have failed to resolve any dispute arising out of the adjustment of loss under a contract of insurance, and the requirements in subsection 20(1) respecting the filing of a Proof of Loss Form in Form C of the Crop and Livestock Insurance Forms Regulations have been complied with, and either party wishes the dispute determined by arbitration, it shall be the responsibility of that party to notify the other party in writing within 90 days after the end of the crop year that the dispute be determined in accordance with the requirements of the Arbitration Proceedings Regulations.

Schedule “B” Regulations respecting crop and livestock insurance forms made pursuant to

Section 6 of

Chapter 113 of the Revised Statutes of Nova Scotia, 1989, the Crop and Livestock Insurance Act 1 These regulations may be cited as the Crop and Livestock Insurance Forms Regulations. 2 The forms for use in the administration of various crop and livestock insurance plans made pursuant to the Act are prescribed as follows: Form A - Contract of Insurance Application Form Form B - Harvest Yield Report Form Form C - Proof of Loss Form Form D - Claim Release Form 579

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Part II Regulations Form E - Tree Fruit Harvest Yield Report Form Form F - Tree Fruit Claim Release Form Form G - Seeding Report Form A NOV A SCOTIA CROP & LIVESTOCK INSURANCE COMMISSION MacRae Library Building, NSAC, P.O.

Box 1092 Truro NS B2N 5G9 APPLICATION FORM CLIENT IDENTIFICATION Name Farm name Farm location Address Postal code F Home Civic address F Cellular Type of operation G Proprietorship G Partnership G Corporation F Barn SIN/tax ID# F Fax E-mail Address Contact Person Telephone INSURANCE PLANS PLAN COVERAGE LEVEL* PRICE OPTION* G Blueberry *Refer to Plan brochure for coverage levels and price options.G Corn G Forage G Pea & Bean (processing) Do you currently hold a Crop Insurance Contract? G Yes G No Have you ever held a Crop Insurance Contract? G Yes G No Previous crop yield available?

G Yes G No G Potato G Soybean G Spring Grain G Strawberry G Tree Fruit G Apples G Pears G Winter Grain G Other PREMIUM DEPOSIT Premium deposit of $________ accompanies this application (refer to plan brochure for amount required). N.S. Reg. 90/99 ROYAL GAZETTE

Part II Regulations 580

DECLARATION AND SIGNATURE I, the undersigned, certify that the information provided is accurate. I have read and agreed to the conditions outlined on the reverse of this application form.

Signature of applicant Date Commission representative OFFICE USE Effective date Contract No Telephone: Truro 1-902-893-6370 Kentville 1-902-679-6015 Toll Free 1-800-565-6371 Fax: 1-902-895-4622 E-mail: nsclic_info@nsac.ns.ca INSURANCE PLANS Plan Final Date for Application Final Date for Cancellation Spring Grain May 1 March 15 Corn May 1 March 15 Potato May 1 March 15 Pea & Bean (processing) May 1 March 15 Soybean May 1 March 15 Blueberry November 15 October 31 Strawberry November 15 September 15 Winter Grain October 15 September 15 Tree Fruit December 1 December 1 581

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Part II Regulations CONDITIONS 1. The land to be insured is land that I (we) own, lease or operate. 2. I shall offer for insurance, all of the area planted in each crop year to an insured crop(

s) on the farm or farms owned or operated by me in Nova Scotia. 3. I am obligated to pay premium on the entire insured area, as calculated by the N.S. Crop & Livestock Insurance Commission using the premium rate

schedule for the current year. 4. I must notify the N.S. Crop & Livestock Insurance Commission of any claims for loss as follows: (

a) Re-seeding - area must be inspected by a Commission Representative prior to being worked down and/or re-seeded. (

b) Pre-harvest Yield Loss Claims - area must be inspected by a Commission Representative before being pastured, cut for purposes other than threshing, worked down or otherwise destroyed. Should I do so, insurance will no longer apply on the portion of the crop destroyed and the premium shall be deemed earned. (

c) Post-harvest Yield Loss Claims - within 15 days of completion of harvesting of the insured crop (

d) Complete the Proof of Loss Report when filing for a claim. 5. I must file a Harvest Yield Report when harvesting is completed whether filing a claim or not. 6. If my application is accepted by the N.S. Crop & Livestock Insurance Commission, the Contract of Insurance shall be in effect from the date the Commission accepts the application, and from year to year thereafter unless terminated by either the Commission or myself, by giving the other party notice in writing of termination on or before the date specified in the regulations for each plan. FORM B THE NOV A SCOTIA CROP AND LIVESTOCK INSURANCE COMMISSION HARVEST YIELD REPORT FOR (crop) Name: Contract #: Address: Area insured: 582

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Part II Regulations Date harvesting completed : Total area harvested: Stored yield: Yield sold: Total yield: Please indicate the units used for reporting this yield (eg. lbs., kgs, pints, quarts, etc): Next year I plan to harvest acres. Please indicate desired price option for next year: Please indicate desired coverage level option for next year (if available): I certify that the above information is a correct statement of my yield and cropping plans and authorize the Nova Scotia Crop and Livestock Insurance Commission to verify this yield information with: (purchaser of the crop).

DATE: (Day//Month//Year) INSURED PERSON, AGENT, ASSIGNEE NOTE: A COMPLETED PROOF OF LOSS FORM MUST BE SUBMITTED IF YOU ARE MAKING A CLAIM N ova Scotia Crop & Livestock Insurance Commission MacRae Library Building, NSAC Telephone: 893-6370 P.O. Box 1092 Truro NS B2N 5G9 Facsimile: 895-4622 FORM C - PROOF OF LOSS FORM Insured: Contract No. Insurance Plan: Crop Year: 1. Date when notice of loss or damage was given 2. Date or period when loss or damage occurred 3. Specific location where loss or damage occurred 583

N.S. Reg. 90/99 ROYAL GAZETTE

Part II Regulations 4. Indicate percentage of loss caused by each peril totalling 100%. NOTE: Some perils not applicable to all crops. 5. Briefly describe loss damage % excessive moisture % drought % snow % spring frost % fall frost % flood % excessive heat % winter injury %h a i l %w i n d % wildlife % insects (specify) % disease (specify) % unavoidable pollination failure (pea/bean, blue- berries, strawberries only) % adverse weather (pea/bean, blueberries, strawberries only) 6. Total actual production from this crop: (units: lbs., kg, cwt., bu.) NOTE: PLEASE SUBMIT WEIGHT SLIPS. 7. I hereby warrant that:

a) the statements made above are true to the best of my knowledge and belief, and I authorize the Commission to verify yield information as required; and

b) the loss or damage to the crop for which this claim is made was not caused by negligence, misconduct or poor farming practices of the insured person, his agents or employees or, unless otherwise stated in paragraphs 4 or 5, by a peril not insured under this policy. 584

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Part II Regulations DATE: (da/mo/yr) INSURED PERSON, AGENT, ASSIGNEE The preparation and furnishing of this form or any other act of any agent or member of the N.S. Crop & Livestock Insurance Commission shall not be considered an admission of liability on the part of the Commission, or a waiver of any of its rights.

Agriculture and Agri-Food Canada Toll Free: 1-800-565-6371 (NS only) E-Mail: nsclic@fox.nstn.ca Nova Scotia WHITE - COMMISSION YELLOW - CLIENT FORM D THE NOV A SCOTIA CROP AND LIVESTOCK INSURANCE COMMISSION CLAIM RELEASE FOR (crop) Claim Release #: Name: Contract #: Address: Crop year: Date: Date of loss: Date of loss notice: Date harvesting completed: Cause of loss: Is this an original inspection of crops insured for this crop year? Date of preliminary inspection: Date of pre-harvest inspection: Any loss of yield from uninsured causes?

NOTE: If measured acreage exceeds insured acreage, the harvest yield will be pro- rated to the insured area. If measured acreage is less than insured acreage, the guaranteed production and the amount of insurance shall be reduced in the proportion that measured acreage bears to the declared acreage. 585

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Part II Regulations (

a) Insured area: (

b) Measured area: (

c) Guaranteed production per unit area: (

d) Total guaranteed production: (

c) multiplied by the lesser of (

a) or (b). (

e) Total harvested yield: (

f) Adjusted yield: if (b) > (a), th en [(e) / (b)] x (a), otherwise, (e) (

g) Deficit (

d) minus (f) (

h) Price: (

i) Total claim amount: (

g) multiplied by (h) (

j) Less outstanding premium: (

k) Net claim payable: (

i) minus (

j) CLAIM RELEASE (READ CAREFULLY) 1. I hereby agree that the preparation and furnishing of this form by the adjuster, or any other act of the adjuster, agent or any member of the Nova Scotia Crop and Livestock Insurance Commission shall not be considered an admission of liability on the part of the Commission, or a waiver of any of its rights. 22. I hereby agree that payment of the amount claimed above to me or in accordance with any valid assignment filed with the Nova Scotia Crop and Livestock Insurance Commission shall constitute a full and complete satisfaction of my claim for indemnity. 3. I hereby warrant that

a) the yield declared as harvested represents the entire production of the insured acreage in the crop year;

b) the loss or damage to the crop for which claim is made was not caused by negligence, misconduct or poor farming practices of the insured person, his agents or employees or by an uninsured peril. 586

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Part II Regulations 4. I understand that the amount stated herein is the sole consideration for this release and that the amount is accepted voluntarily as a full and final settlement of the claim for the crop loss specified above. DATED AT this day of , . (place) (day) (month) (year) WITNESS INSURED PERSON, AGENT, OR ASSIGNEE FORM E THE NOV A SCOTIA CROP AND LIVESTOCK INSURANCE COMMISSION TREE FRUIT HARVEST YIELD REPORT FOR (year) Name: Contract #: Address: Area insured: Crop: Total area harvested: 1. Date harvesting completed: 2. Production for the current year:

a) Fresh lbs:

b) Processing lbs:

c) Juice lbs:

d) Total lbs: 3. Total pounds produced from immature orchard: lbs. (This is yield from trees aged 3 to 12 years and should be included in totals reported above.) 4. Income for the current year:

a) Processing income:

b) Juice income: 5. Income for last year:

a) Fresh income for last year:

b) Total income for last year: To assist us in writing coverage for the next crop year, please complete any sections below that apply to your orchard. 587

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Part II Regulations 6. If any trees have been removed since last year’s harvest, please complete this section:

a) Number of trees removed since last harvest:

b) Approximate age of these trees:

c) In what month were these trees removed:

d) Estimated average yield from these trees over the past 10 years:

e) Are any additional removals anticipated before the next harvest? Yes No 7. If any trees have been planted this year, please provide the following details:

a) Total number of trees planted

b) Tree spacing

c) Rootstock(

s) d) Varieties

e) Location of block(

s) or fillers 8. Do you expect any other change in production due to sale, lease or purchase of orchard? I certify that the above information is a correct statement of yield and production changes and authorize the Nova Scotia Crop and Livestock Insurance Commission to verify this yield information with (where the crop is stored).

Date (Year//Month//Day) Insured Person, Agent, Assignee NOTE: A COMPLETED PROOF OF LOSS FORM MUST BE SUBMITTED IF YOU ARE MAKING A CLAIM FORM F THE NOV A SCOTIA CROP AND LIVESTOCK INSURANCE COMMISSION CLAIM RELEASE FOR TREE FRUIT Claim Release #: Name: Contract #: Address: Crop year: Crop: Date: Date of loss: Date of loss notice: Date harvesting completed: Cause of loss: 588

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Part II Regulations Is this an original inspection of crops insured for this crop year? Date of preliminary inspection: Date of pre-harvest inspection: Any loss of yield from uninsured causes? Grade Pounds harvested Established price Est. price adjustment Adjusted price Yield value Fresh Processing Juice (

a) Total yield value: (

b) Insured price: (

c) Pro-rated yield, (a) / (b): (

d) Total guarantee production: (

e) Yield deficit, (d) - (c): (

f) Total claim amount, (

b) x (e): Less outstanding premium: Net claim payable: CLAIM RELEASE (READ CAREFULLY) 1. I hereby agree that the preparation and furnishing of this form by the adjuster, or any other act of the adjuster, agent or any member of the Nova Scotia Crop and Livestock Insurance Commission shall not be considered an admission of liability on the part of the Commission, or a waiver of any of its rights. 2. I hereby agree that payment of the amount claimed above to me or in accordance with any valid assignment filed with the Nova Scotia Crop and Livestock Insurance Commission shall constitute a full and complete satisfaction of my claim for indemnity. 3. I hereby warrant that

a) the yield declared as harvested represents the entire production of the insured acreage in the crop year;

b) the loss or damage to the crop for which claim is made was not caused by negligence, misconduct or poor farming practices of the insured person, his agents or employees or by an uninsured peril. 589

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Part II Regulations 4. I understand that the amount stated herein is the sole consideration for this release and that the amount is accepted voluntarily as a full and final settlement of the claim for the crop loss specified above. DATED AT this day of , . (place) (day) (month) (year) WITNESS INSURED PERSON, AGENT, OR ASSIGNEE FORM G NOV A SCOTIA CROP & LIVESTOCK INSURANCE COMMISSION MacRae Library Building, NSAC, P. O.

Box 1092, Truro N S B2N 5G9 Telephone: Truro 1-902-893-6370 Kentville 1-902-679-6015 Toll Free: 1-800-565-6371 Fax: 1-902-895-4622 E-mail: nsclic_info@nsac.ns.ca SEEDING REPORT Crop Name: Address: Contract number: Crop year: Coverage level: Premium discount: Crop name Average insurable yield Insured price *Premium rate(

s) Office use only * Base rate adjusted for applicable discount/surcharge. Field name or number Crop Variety Ha “ Ac “ Seeding Date Rate Fertilizer Grade Rate Previous crop 590

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Part II Regulations 1. Is the area listed on this form the total area seeded to crops covered under this plan? “ Yes “ No If no, please explain: 2. For grains, is any area listed on this form underseeded to another crop: “ Yes “ No If yes, please indicate the fields: 3. (

a) If corn, please indicate in the crop column: silage (S), grain (

G) or HMEC (H) (

b) If wheat, please indicate in the crop column: milling (MWH) or feed (FWH) 4 (

a) Was certified seed used? “ Yes “ No (

b) Source of seed used DATE: SIGNATURE: Please file this report 10 days after completion of seeding. White-Commission Yellow-Agent Pink-Client 591

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Part II Regulations N.S. Reg. 91/99 Made: February 9, 1998 Filed: September 22, 1999 Nova Scotia Community Pastures Regulations Order dated February 9, 1998 made under

Section 178 of the Agriculture and Marketing Act CERTIFICATE OF APPROV AL pursuant to subsection 3(2) of the Regulations Act I hereby approve of an amendment made by the Nova Scotia Community Pasture Board to the regulations respecting the fee

schedule for community pastures made by the Minister of Agriculture and Marketing on July 18, 1997, in the manner set forth in an Order of the Nova Scotia Community Pasture Board dated , 1999, a certified copy of which is attached. Signed at , Nova Scotia , 1999 Signed: Ernest L. Fage Hon. Ernest Fage, Minister Agriculture and Marketing Order made under

Section 178 of the Agriculture and Marketing Act The Nova Scotia Community Pastures Board, acting under the authority of the Agriculture and Marketing Act, this 19th day of February, 1998, HEREBY ORDERS that the Nova Scotia Community Pastures Regulations be amended by striking out “40” and substituting “42” after the word “Cattle”. I certify that the attached regulation as described herein is a true copy of the regulation as it was made. Dated at Truro, Nova Scotia August 30th, 1999 Signed: R. M. Phillips Dr. Robin Phillips, Chair Community Pastures Board 592