For the official version of the regulations
N.S. Reg. 134/2002
Nova Scotia — Regulations
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.
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Crop Insurance Plan for Corn
made under
Section 6 of the
Crop and Livestock Insurance Act
R.S.N.S. 1989, c. 113
O.I.C. 2002-487 (effective November 1, 2002), N.S. Reg. 134/2002
amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 6/2024
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 area in final seeding report
Final planting date
Carry-over of stored corn
Harvesting
Final date for harvest
Harvest yield report
Evaluation of loss
Stage 1
Reseeding
Stage 2
Stage 3
Final adjustment of loss
Citation
1 These regulations may be cited as the Crop Insurance Plan for Corn .
Purpose
2 The purpose of this plan is to provide for insurance against a reduction in yield of corn
resulting from 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 corn crop
determined in accordance with subsection 10(3);
“corn” means hybrid corn varieties, planted for the purpose of harvesting as grain
corn, corn silage or H.M.E.C., accepted by the Commission for insurance coverage;
“corn silage” means silage produced from whole corn plants;
“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 area of corn
submitted to the Commission by an insured person pursuant to
Section 15;
“grain corn” means shelled corn at 15.5% moisture;
“H.M.E.C.” means corn harvested as High Moisture Ear Corn and yield shall be
determined on the basis of grain corn at 15.5% moisture;
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;
“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.
(2) For the purpose of this plan, yields may be converted from tonnes of corn silage or
H.M.E.C. to a grain corn equivalent using conversion factors approved by the
Commission.
Designation of perils
4 The following are designated as perils for corn:
(
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 corn is the period from May 1 in any year to November 15 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
of the crop year for which the cancellation is to be effective.
Coverage
(1) All the area of corn 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 corn offered for insurance
coverage.
(3) Upon application in writing by an insured person, the Commission may insure a corn
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 corn crop for the purpose of determining the
guaranteed production for that crop in a crop year.
(2) The total guaranteed production for an insured corn crop shall be determined by
multiplying the selected coverage level by the average insurable yield for the total
area of that insured corn crop.
(3) The average insurable yield of an insurable corn 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 shall establish price options for each insurable
corn crop, and shall announce these options to insured persons before the beginning
of the crop year.
(2) 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(2).
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) to (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 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 area 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 area in final seeding report
(1) The Commission may measure the insured area by any method that it considers
appropriate.
(2) Despite
Section 10, where the actual measured area of corn in a crop year is less than
the insured area, 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 area of corn in a crop year exceeds the insured
area, the measured area yield will be pro-rated to the insured area in calculating
indemnity payable.
Final planting date
(1) The final date for planting corn 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 corn 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]
Carry-over of stored corn
19 If, prior to harvest, an insured person believes that they will have a claim on an insured
crop, and if the insured person has any carry-over of corn in storage, the insured person
must report the carry-over in writing before the beginning of harvest, or the Commission
may regard the carry-over as new production.
Harvesting
(1) All corn 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 to
(
a) use any part of the planted area for any other purpose; or
(
b) abandon or destroy any part of the insured crop.
(2) Any insured area used for a purpose other than the purpose that was reported by an
insured person in the final seeding report without consent pursuant to subsection
(1) shall be adjusted at a level not to exceed the guaranteed production in effect.
(3) Each harvested corn crop is to be placed in a separate storage.
(4) Unless prior permission is granted and measurements recorded, failure to keep each
harvested corn crop in a separate storage may jeopardize any indemnity otherwise
payable.
(5) Any area of corn silage harvested prior to September 5 shall be deemed to have a
yield no less than the guaranteed production per acre.
21 [repealed]
Final date for harvest
22 The final date for harvest shall be November 15 or any other date as may be determined by
the Commission, and the Commission may establish a potential yield for any insured area
not harvested by this date.
Harvest yield report
23 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
24 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 25, 26, 27 and 28, and the final adjustment of loss pursuant to
Section 29.
Stage 1
(1) Stage 1 comprises the period from the date on which seeding of corn is completed to
a date 30 days later.
(2) Where loss or damage from one or more designated perils occurs to an insured crop
during Stage 1, the Commission, upon application in writing by the insured person,
may consent in writing to a request to abandon or destroy the insured crop on the
damaged area.
(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 60% 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.
Reseeding
(1) Where loss or damage from one or more designated perils occurs to 2 hectares or
more of an insured crop during Stage 1, the Commission may consent in writing to a
written request to overseed or reseed the damaged area prior to the final planting
date, and when consent is given, shall compensate the insured person pursuant to
subsection (2) or (3).
(2) If the Commission consents to the overseeding or reseeding of a damaged area
pursuant to subsection (1) and
(
a) the damaged area is not removed and is overseeded, the Commission shall pay
to the insured person $75 per hectare for that damaged area; or
(
b) the damaged area is removed and reseeded, the Commission shall pay the
insured person an amount equal to 25% of the established price multiplied by
the guaranteed production for that damaged area.
(3) When a damaged area is overseeded or reseeded in accordance with this
Section to
an insured corn crop, the contract of insurance shall continue to apply to the
overseeded or reseeded area.
Stage 2
(1) Stage 2 comprises the period from the end of Stage 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 from one or more designated perils occurs to an insured crop
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 size of the damaged area 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 pursuant to
Section 22 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 area and the potential production determined under
subsection (2) for the damaged area by 80% of the established price.
(4) When a 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.
(3) If an insured crop cannot be harvested as intended, the Commission shall determine
the size of the affected area and may consider a potential salvage value.
30 [repealed]
31 [repealed]
Legislative History
Reference Tables
Crop Insurance Plan for Corn
N.S. Reg.
134/2002
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 Corn 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
134/2002
Nov 1, 2002
date specified
Nov 15, 2002
59/2003
Mar
28, 2003
date
specified
Apr
18, 2003
131/2004
Apr 1,
date
specified
Apr
30, 2004
127/2006
Jul
24, 2006
date
specified
Aug
18, 2006
20/2009
Feb 3,
date
specified
Feb
13, 2009
9/2012
Jan
10, 2012
date specified
Jan
27, 2012
106/2018
Jul 3,
date
specified
Jul
20, 2018
16/2021
Jan
26, 2021
date
specified
Feb
12, 2021
6/2024
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(1) ...................................................
am. 9/2012 (clause lettering removed)
3(1), defn. of “Act” .....................
ad. 9/2012
3(1)(
a) defn. of “average insurable yield” ........................................
rs. 127/2006
3(1)(
b) defn. of “contract of insurance” ................................
rs. 127/2006
3(1), defn. of “contract of insurance” ..................................................
rep. 9/2012
of Insurance” .......
ad. 9/2012 ; am. 106/2018
3(1)(
j) defn. of “Zone 1” .............
ad. 127/2006
3(1), defn. of “Zone 1” ................
am. 106/2018
3(1)(
k) defn. of “Zone 2”
ad. 127/2006
3(1), defn. of “Zone 2” ................
rs. 106/2018
3(1), defn. of “Zone 3” ................
ad. 106/2018
4(g) ...................................................
am.
6/2024
4(h) ...................................................
am.
6/2024
4(i) ....................................................
ad. 6/2024
6 ........................................................
rs. 127/2006; rep. 9/2012
7 ........................................................
rs. 127/2006; rep. 9/2012
8 ........................................................
rs. 9/2012
9(2) ...................................................
rs. 127/2006
9(3) ...................................................
ad. 127/2006
10 ......................................................
rs. 127/2006
11 ......................................................
rs. 127/2006
11(1) ............................................
rs. 59/2003
13(1) .................................................
rs. 59/2003, 131/2004, 127/2006
13(2) .................................................
rs. 16/2021
13(4) .................................................
am. 127/2006
15(1) .................................................
rs. 127/2006
17 ......................................................
rs. 127/2006
17(1) ............................................
am. 106/2018
18 ......................................................
rep. 9/2012
21 ......................................................
rep. 9/2012
23 ......................................................
rs. 127/2006, 20/2009
30 ......................................................
rs. 127/2006; rep. 9/2012
30(1) ............................................
rs. 20/2009
31 ......................................................
rs. 127/2006; rep. 9/2012
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
17/1972
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Feb
15, 1972
Feb
15, 1972
16/1972
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Feb
15, 1972
Feb 6,
17/1973
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Feb 6,
Jul
17, 1973
62/1973
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Jul
17, 1973
Jul
23, 1974
67/1974
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Jul
23, 1974
Jun 4,
102/1975
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Jun 4,
Aug 1,
164/1978
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Aug 1,
Aug 5,
130/1980
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Aug 5,
May
18, 1982
110/1982
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
May
18, 1982
Mar
20, 1984
57/1984
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Mar
20, 1984
Apr
29, 1986
68/1986
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Apr
29, 1986
Apr
22, 1987
86/1987
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Apr
22, 1987
May
31, 1988
124/1988
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
May
31, 1988
Jan
20, 1989
86/1989
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Jan
20, 1989
Jan 3,
6/1995
Nova
Scotia Crop and Livestock Insurance Plan for Corn (Grain, Silage)
Jan 3,
Nov 15, 2002
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.