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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Poultry Insurance Plan

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2007-394 (effective July 13, 2007), N.S. Reg. 339/2007

amended to O.I.C. 2026-71 (effective March 3, 2026), N.S. Reg. 70/2026

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

Definitions

Designation of perils

Application

Contract of insurance

Duration of contract

Placement report

Insurable value of poultry

Premium

Notice of presence of disease

Evaluation of loss

Broiler losses

Other flock losses

Final adjustment of loss

Maximum indemnity

Arbitration

Form 1 - Contract of Insurance - Poultry

Insured animal(

s) Extent of insurance

Causes of loss not insured against

Waiver of alteration

Interest of other persons

Assignment or [of] right to indemnity

Notice of claim

Other compensation payments

Adjustment of loss

Proof of loss

Arbitration

Time for payment of indemnity

Subrogation

Right of entry

Death or assignment under the Bankruptcy Act

Notice

Cancellation

Citation

1 These regulations may be cited as the Poultry Insurance Plan .

Purpose

2 The purpose of this plan is to provide for insurance against a loss of poultry resulting from

the detection of a disease designated as a peril in

Section 4.

Definitions

3 In this plan,

(a) “breeder” means a hen that is owned by a Nova Scotia farmer and grown in the

Province for the purpose of producing broiler or layer chicks;

(b) “breeder pullet” means a pullet that is owned by a Nova Scotia farmer and

grown in the Province for the purpose of producing replacement breeder stock;

(c) “broiler” means a chicken that is owned by a Nova Scotia farmer and grown in

the Province for the purpose of producing meat under a licence issued by the

Chicken Farmers of Nova Scotia in accordance with the Chicken Farmers of

Nova Scotia Regulations made under the Natural Products Act ;

(d) “chicken” means any class of domestic fowl belonging to the species Gallus

domesticus ;

(e) “commercial layer” means a hen that is purchased from a pullet grower, owned

by a Nova Scotia farmer and grown in the Province for the purpose of

producing eggs under a licence issued by the Nova Scotia Egg Producers in

accordance with the Nova Scotia Egg Producers’ Marketing Plan made under

the Natural Products Act ;

(f) “disease” means a disease that is designated as an insurable peril in

Section 4;

(g) “flock” means a group of chickens that are housed in a Nova Scotia farmer’s

facilities and are of the same age in weeks;

(h) “hen” means a female chicken;

(i) “integrated layer” means a hen owned by a Nova Scotia farmer that was raised

as a pullet by that farmer and grown in the Province for the purpose of

producing eggs under a licence issued by the Nova Scotia Egg Producers in

accordance with the Nova Scotia Egg Producers’ Marketing Plan made under

the Natural Products Act ;

(j)“layer” means a laying hen that is 19 weeks of age or older;

(k) “layer pullet” means a replacement egg stock pullet that is owned by a Nova

Scotia farmer and grown in the Province under a permit issued by the Nova

Scotia Egg Producers in accordance with the regulations respecting pullets

made under the Natural Products Act ;

(l) “poultry” means broilers, breeders, breeder pullets, layer pullets, commercial

layers and integrated layers;

(m) “production period” means

(

i) for breeders and broilers, the period that begins on the day the breeders

or broilers are placed in a production facility and ends on the day they

are removed for processing,

(ii) for layers, the period that begins on the day the layers are placed in a

production facility and ends 52 weeks later, and

(iii) for pullets, the period that begins on the day the pullets are placed in the

production facility and ends when they are 19 weeks of age.

(n) “pullet” means a female chicken that is younger than 19 weeks of age and that

has been produced for the purpose of laying eggs for human consumption.

Designation of perils

4 For the purpose of this plan, the poultry livestock disease infectious laryngotracheitis (ILT)

is designated as an insurable peril.

Application

5 An application for a contract of insurance must be

(

a) on a Contract of Poultry Insurance Application Form provided by the

Commission;

(

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

(

c) filed with the Commission no later than 3 weeks before the applicant places a

flock in a production facility.

Contract of insurance

(1) A contract of insurance consists of all of the following:

(

a) a signed contract of insurance in Form 1;

(

b) a completed application filed in accordance with

Section 5;

(

c) a copy of this plan.

(2) If a document referred to in subsection (1) is amended while the contract of

insurance is in force, the contract remains in effect as amended and a copy of the

amendment must be delivered to the insured person.

(3) Before the Commission offers a contract of insurance to an applicant, the applicant

must submit an application in the form and manner prescribed by

Section 5.

(4) The Commission may refuse to offer a contract of insurance to an applicant.

(5) If the Commission refuses to offer a contract of insurance to an applicant, the

Commission must refund the premium deposit, if any, that accompanied the

application.

Duration of contract

(1) A contract of insurance is in force for the production period for which it is made, and

continues in force for subsequent production periods until it is cancelled by the

insured person or the Commission in the manner prescribed by this Section.

(2) A contract of insurance may be cancelled by the insured person or the Commission

by notice in writing to the other party at least 3 weeks before the insured person

places a new flock in a production facility.

(3) If an insured person is in arrears in a premium payment, the Commission may cancel

the contract of insurance at any time by notice in writing.

Placement report

7A No later than 7 days before placing a new flock in a production facility, an insured person

must file a report with the Commission in a form determined by the Commission.

Insurable value of poultry

(1) The maximum insurable value of a broiler flock is based on the contract price per

kilogram of chicken and the average flock weight contracted to be grown under the

licence issued by the Chicken Farmers of Nova Scotia.

(2) The maximum insurable value of a non-broiler flock is based on a

schedule of

values per bird.

(3) The Commission must set the

schedule of values and announce it to all insured

persons before April 1 in each year.

Premium

(1) For each class of poultry insured under this plan, the base premium rate must be set

by the Commission and announced on or before April 1 in each year.

(2) The base premium rates must be applied to all insured flocks that are placed in a

production facility during the 12-month period from April 1 in a year to March 31 in

the following year.

(3) An insured person must pay the total premium for a production period, less any

premium deposit, to the Commission no later than 30 days after the insured person

places a flock of insurable poultry in a production facility.

Notice of presence of disease

(1) An insured person must notify the Commission in writing no later than 48 hours

after receiving confirmation of the presence of a disease in their insured flock.

(2) A notice of the presence of a disease must be accompanied by a written statement

from a veterinarian confirming the presence of the disease.

Evaluation of loss

11 To determine the indemnity payable for a loss in production of an insured flock, the

amount of the loss must be calculated in accordance with

Section 12 or 13, and the final

adjustment of loss must be calculated in accordance with

Section 14.

Broiler losses

(1) In this Section, “guaranteed production” of a broiler flock that has been placed in a

production facility means the total number of kilograms of broilers in the flock.

(2) On receiving notice under

Section 10 of the presence of disease in an insured broiler

flock, the Commission may consent in writing to the destruction of the flock.

(3) If the Commission consents in writing to the destruction of an insured broiler flock

as a result of a designated peril, the amount of the loss is calculated by using the

following formula:

L = (P -

M) I

in which

L = the loss

P = the guaranteed production for the flock

M = the allowance for normal mortality reported by the Chicken Farmers of Nova

Scotia

I = the insurable value per bird established under

Section 8.

(4) If the Commission does not consent in writing to the destruction of an insured

broiler flock and the flock is processed, the amount of the loss is calculated by using

the following formula:

L = (P - M -

A) I

in which

L = the loss,

P = the guaranteed production for the flock,

M = the allowance for normal mortality reported by the Chicken Farmers of

Nova Scotia,

A = the actual production for the flock, and

I = the insurable value per bird established under

Section 8.

Other flock losses

(1) On receiving notice of the presence of a disease in an insured flock other than a

broiler flock under

Section 10, the Commission may consent in writing to the

destruction of the flock.

(2) If the Commission consents in writing to the destruction of an insured flock other

than a broiler flock under subsection (1) as the result of a designated peril, the

amount of the loss must be calculated based on the week in the production cycle

during which the flock is destroyed, in accordance with the

schedule of values per

bird established under

Section 8.

Final adjustment of loss

(1) Subject to subsections (2) and (3) and

Section 15, the indemnity payable to an

insured person in the final adjustment of loss is 90% of the amount of loss calculated

under

Section 12 or 13.

(2) The Commission must determine a deductible amount to be applied in a final

adjustment of loss and must announce that deductible to all insured persons before

April 1 in each year.

(3) Before calculating the indemnity payable, the Commission must deduct any salvage

value arising out of the destruction of an insured flock.

Maximum indemnity

(1) The maximum indemnity for which the Commission is liable under a contract of

insurance is the insured value of the poultry less any payments received

(

a) under the Health of Animals Act (Canada);

(

b) for salvage; or

(

c) from any agency other than the Commission.

(2) The Commission is not responsible for transportation costs for salvage, cleanup costs

or costs incurred by an insured person to support a claim.

(3) Indemnity payable by the Commission under this plan is limited to the extent of the

assets in the Livestock Insurance Fund Balance held by the Commission.

Arbitration

16 If the Commission and an insured person fail to resolve any dispute arising out of the

adjustment of loss under a contract of insurance, and the requirements of the regulations

made under the Crop and Livestock Insurance Act respecting the filing of a proof of loss

form are complied with, and either party wishes the dispute be determined by arbitration,

that party must request arbitration in accordance with the Agriculture Appeal and Review

Board Act and its regulations.

Form 1 - Contract of Insurance - Poultry

The Crop and Livestock Insurance Act

Contract of Insurance

Contract:

Between the Nova Scotia Crop and Livestock Insurance Commission,

(“The Commission”), of the first part

And ____________________________________________, of

________________, in the County of , Nova Scotia

(“the Insured Person”), of the second part

Whereas the insured person has applied for a Contract of Insurance under the Crop and

Livestock Insurance Act (“the Act”) and the Poultry Insurance Plan made under the Act (“the

Plan”) and has paid a premium in respect thereof;

Now therefore, subject to the Act and the Plan, where in a year the insured person suffers a loss

in the death of an insured animal(

s) from one or more of the perils designated in the Plan, the

insured person in respect of such loss.

Insured animal(s)

1 In this contract, an insured animal(

s) means an insurable animal(

s) in respect of which the

Plan has been established.

Extent of insurance

2 (

a) The insured person shall offer, for insurance purposes, all insurable animals for

which an application for Poultry Insurance is made.

(

b) This contract does not apply to diseases other than those specified in the Plan,

notwithstanding the Commission may make exceptions to the exclusions.

Causes of loss not insured against

3 This contract does not insure against, and no indemnity shall be paid in respect of, a death

of an insured animal(

s) resulting from

(

a) negligence, misconduct, or poor animal husbandry practices of the insured

person or their agents or employees, or

(

b) a peril other than a peril designated in the Plan.

Misrepresentation, violation of conditions or fraud

4 Where, in respect of an insured animal(s), the insured person

(

a) in their application for insurance or registration form

(

i) gives false particulars to the prejudice of the Commission, or

(ii) knowingly misrepresents or fails to disclose any fact required to be stated

therein:

(

b) contravenes a term or condition of this contract;

(

c) commits a fraud; or

(

d) willfully makes a false statement in respect of any claim under this contract,

a claim by the insured person is invalid and their right to recover indemnity is forfeited. If

the insured person fails to observe and conform to any of the terms or conditions of this

policy, the policy is void.

Waiver of alteration

5 No term or condition of this contract or the Plan is deemed to be waived or altered in

whole or in part by the Commission unless the waiver or alteration is clearly expressed in

writing signed by the Commission or a representative authorized for that purpose by the

Commission.

Interest of other persons

6 Notwithstanding that a person other than the insured person holds an interest of any kind

in an insured animal, for the purposes of this contract,

(

a) the interest of the insured person is deemed to be the full value of the total

coverage provided;

(

b) except as provided in paragraph (7) no indemnity shall be paid to any person

other than the insured person;

(

c) the insured person is not entitled to a claim from the Commission under more

than one policy of insurance in respect of an animal.

Assignment or [of] right to indemnity

7 The insured person may assign all or part of their right to indemnity under this contract,

but an assignment is not binding on the Commission and no payment of indemnity shall be

made to an assignee unless

(

a) the assignment is made on a form provided by the Commission; and

(

b) the Commission consents thereto in writing.

Notice of claim

(1) Where death or disease of an insured animal(

s) results from one or more of the perils

insured against, the insured person shall notify the Commission as specified in the

Plan.

(2) The Commission, in respect of anything insured under this contract, is entitled to use

the name of the insured for the purpose of making any claim for damages against

any person or persons, company or companies or Government or for any other

purpose whatsoever connected with this contract and the Commission is also entitled

to enforce, for the benefit of the Commission, any order made for costs or otherwise

in connection with any such claims. The insured shall advise the Commission of any

claim, remedy or cause of action against any third party and shall not pursue any

such claim, remedy or cause without the Commission’s agreement thereto in writing.

Other compensation payments

9 If at the time of any claim under this contract there be any other compensation or salvage

payments upon an animal(s), hereby insured and claimed for, whether effected by the

insured person or any other person, the Commission is only liable according to the Plan.

Adjustment of loss

(1) The indemnity payable for death to an insured animal(

s) shall be determined in the

manner prescribed by the regulations.

(2) The Commission may cause the claim to be appraised by any method that it

considers proper.

(3) No indemnity shall be paid in respect of an insured animal(

s) unless the insured

person establishes the cause of loss being certified by a veterinarian.

Proof of loss

(1) A claim for indemnity shall be made on a Proof of Loss Form provided by the

Commission and shall be filed with the Commission no later than 60 days after the

date of death of the insured animal(s).

(2) Subject to subsection (3), a claim for indemnity shall be made by the insured person.

(3) A claim for indemnity may be made

(

a) in the case of the absence or inability of the insured person, by the agent; or

(

b) in the case of the absence or inability of the insured person or on their failure

or refusal to do so, by an assignee under an assignment made in accordance

with

Section 7.

Arbitration

12 Where the Commission and the insured person fail to resolve any dispute respecting the

adjustment of a loss under this contract, the matter shall be determined in accordance with

the Agriculture Appeal and Review Board Act and its regulations.

Time for payment of indemnity

(1) Except as otherwise provided in the Plan, no indemnity under this contract becomes

due and payable until the end of the year in which the loss or damage was sustained.

(2) Where the indemnity payable by the Commission under this contract is established

by the filing of a Proof of Loss Form or by a decision of the Agriculture Appeal and

Review Board, it shall be paid no later than 60 days after the date the Commission

receives the Proof of Loss Form or decision, as the case may be.

(3) Nothing in this paragraph prevents the Commission from paying indemnity under

this contract at an earlier date.

Subrogation

14 Where the Commission has paid a claim under this contract, the Commission is

subrogated to the extent thereof to all rights of recovery of the insured person against any

person and may bring action for the full amount in the name of the insured person to

endorse those rights.

Right of entry

15 The insured shall permit the Commission or its agents right of entry to the premises to

view insured animal(

s) and to furnish any information related to this contract, and shall

comply with requirements made by the Commission or by a veterinarian employed by it.

Death or assignment under the Bankruptcy Act

16 This contract terminates in respect of each insured animal at the end of the year in which

the death of the insured person occurs or an authorized assignment is made by the insured

person under the Bankruptcy Act (Canada).

Notice

(1) Any written notice to the Commission shall be given by delivery thereof or by

sending it by mail to the Commission.

(2) Written notice to the insured person shall be given by delivery thereof or by sending

it by mail, addressed to the insured person at their last post office address on file

with the Commission.

Cancellation

18 The Commission may at any time, by notice in writing to that effect sent to the insured

person under registered cover to the insured person’s last known address, cancel this

contract without reason assigned as from the date of such notice. Any such notice shall be

without prejudice to the rights of the insured person in respect of any prior happening and

the Commission will return to the insured person, on demand, that portion of the premium

corresponding to the unexpired period of this policy.

In witness thereof, the Nova Scotia Crop and Livestock Insurance Commission has caused this

Contract of Insurance to be signed by its Executive Secretary or any authorized member of the

Commission, but the same shall not be binding upon the Commission until countersigned by a

duly authorized representative thereof.

Countersigned and dated at on ___________________, 20__ .

_______________________________ ______________________________

Duly authorized representative Executive Secretary

Legislative History

Reference Tables

Poultry Insurance Plan

N.S. Reg.

339/2007

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 Poultry Insurance Plan 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

339/2007

Jul 13, 2007

date specified

Aug 3, 2007

250/2008

Apr

15, 2008

date

specified

Apr

25, 2008

323/2009

Nov

24, 2009

date

specified

Dec

18, 2009

67/2017

Apr

11, 2017

date

specified

Apr

28, 2017

213/2023

Nov

28, 2023

date

specified

Dec

15, 2023

70/2026

Mar 3,

date

specified

Mar

20, 2026

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(

a) defn . of “breeder” .....................

ra. from 3(c) 323/2009

3(

a) defn . of “breeder

pullet” ...........

ra. as 3(b) 323/2009

3(

b) defn . of “breeder

pullet” ..........

ra. from 3(a) 323/2009

3(

b) defn . of “broiler” ......................

ra. as 3(c) 323/2009

3(

c) defn . of “breeder” .....................

ad. 323/2009 ; ra. as 3(a) 323/2009

3(

c) defn . of “broiler” ......................

ra. from 3(b) 323/2009

3(

c) defn . of “broiler

breeder” .........

rep. 323/2009

3(

g) defn . of “flock” ........................

am. 250/2008

3(

i) defn . of “integrated

layer” ........

am. 250/2008

3(

j) defn . of “layer” .........................

am. 250/2008

3(

l) defn . of “poultry” ......................

am. 323/2009

3(

m) defn . of “production

period”, (iii) .................................................

am. 250/2008

3(

n) defn . of “pullet” .......................

am. 250/2008

7A ....................................................

ad. 67/2017

9(1) ...................................................

rs . 67/2017

12(3) .................................................

am. 250/2008; rs . 213/2023

12(4) .................................................

am. 250/2008

13 .....................................................

rs . 213/2023

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

rs . 70/2026

Form 1

Form 1 ..............................................

am. 250/2008

12 .....................................................

am. 70/2026

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

am. 70/2026

“Egg Producers of Nova Scotia” replaced throughout with

“Nova Scotia Egg Producers” ...................

am. 250/2008

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The reference in ss. 3(

e) and (

i) to the Nova Scotia

Egg Producers’ Marketing Plan should be read as a reference to the Egg

Farmers of Nova Scotia Marketing Plan in accordance with an amendment to

the title of the regulations made by N.S. Reg. 321/2022.

Dec 13, 2022

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.