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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.

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Crop Insurance Plan for Blueberries

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. 5/2024

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

Incorrect acreage

Harvesting

Final date for harvest

Harvest yield report

Evaluation of loss

Citation

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

Purpose

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

blueberries, 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

blueberry crop determined in accordance with subsection 10(3);

“designated perils” means the perils designated in

Section 4 for the purpose of this

plan;

“highbush blueberries” means all highbush blueberries of any variety that are

produced in Nova Scotia and accepted by the Commission for insurance coverage;

“lowbush blueberries” means all lowbush blueberries produced in Nova Scotia that

are accepted by the Commission for insurance coverage;

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.

(2) For the purpose of this plan, a pint of highbush blueberries weighs 14 ounces.

Designation of perils

4 The following are designated as perils for blueberries:

(

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 any adverse weather not described in the other designated

perils;

(

i) wind;

(

j) insects;

(

k) plant disease;

(

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

(

m) wildfire.

Designation of crop year

5 The crop year for blueberries is the period from December 1 in any year to September 15

in the following year, except that for Kings County the crop year is the period from

December 1 in any year to September 25 in 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 December

15 of the crop year for which the cancellation is to be effective.

Coverage

(1) All acreage of blueberries 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 acreage of blueberries offered for

insurance coverage.

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

blueberry 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 blueberry crop for the purpose of

determining the guaranteed production for that crop in a crop year.

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

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

area of that insured blueberry crop.

(3) The average insurable yield of an insurable blueberry 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

blueberry 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) [repealed]

(4) [repealed]

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

person in each crop year is $50.

(6) The premium determined pursuant to subsections (1) and (2) includes premium

Act (Canada) and the Province under the Act.

(1) An insured person shall pay the premium less the 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 on an

overdue account.

Incorrect acreage

(1) The Commission may measure the insured acreage by any method that it considers

appropriate.

(2) Despite

Section 10, where the actual measured acreage of blueberries 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.

(3) Despite

Section 10, where the actual acreage of blueberries in a crop year exceeds

the insured acreage, the yield will be pro-rated to the insured acreage in calculating

indemnity payable.

16 [repealed]

Harvesting

17 All acreage of blueberries insured shall be harvested in a crop year unless the Commission

consents in writing to a written request by the insured person to abandon or destroy any

part of the insured crop.

18 [repealed]

Final date for harvest

19 The final date for harvest shall be the last day of the crop year or any other date as may be

determined by the Commission, and the Commission may estimate a potential yield for

any insured acreage not harvested by that date.

Harvest yield report

20 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 for this purpose.

Evaluation of loss

21 For the purpose of determining the reduction in yield of an insured crop in a crop year and

any indemnity payable

(

a) when the actual production of the insured acreage is less than the total

guaranteed production for the acreage, the adjustment of loss shall be

calculated by multiplying the difference between the total guaranteed

production and the actual production by the established price;

(

b) when loss or damage occurs to an insured crop prior to the completion of

harvest, the Commission may consent in writing to a written request to

abandon any part of the insured acreage and the Commission shall determine

the number of damaged acres and the potential production;

(

c) the actual production of all acreage harvested to lowbush blueberries and the

actual production of all acreage harvested to highbush blueberries shall be

taken into account separately.

22 [repealed]

23 [repealed]

Legislative History

Reference Tables

Crop Insurance Plan for Blueberries

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 Blueberries 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

58/2003

Mar

28, 2003

date

specified

Apr

18, 2003

130/2004

Apr 1,

date

specified

Apr

30, 2004

126/2006

Jul

24, 2006

date

specified

Aug

18, 2006

19/2009

Feb 3,

date

specified

Feb

13, 2000

8/2012

Jan

10, 2012

date specified

Jan

27, 2012

105/2018

Jul 3,

date

specified

Jul

20, 2018

15/2021

Jan

26, 2021

date

specified

Feb

12, 2021

5/2024

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. 8/2012 (clause lettering removed)

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

ad. 8/2012

3(1)(

a) defn. of “average insurable yield” ........................................

rs. 126/2006

3(1)(

b) defn. of “contract of insurance” ................................

rs. 126/2006

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

rep. 8/2012

of Insurance” .......

ad. 8/2012 ; am. 105/2018

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

am. 5/2024

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

am. 5/2024

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

ad. 5/2024

5 ........................................................

rs. 19/2009

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

rs. 126/2006; rep. 8/2012

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

rs. 126/2006; rep. 8/2012

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

rs. 8/2012

9(2) ...................................................

rs. 126/2006

9(3) ...................................................

ad. 126/2006

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

rs. 126/2006

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

rs. 126/2006

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

rs. 58/2003

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

rs. 58/2003, 130/2004, 126/2006

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

rs. 15/2021

13(3)-(4) ...........................................

rep. 15/2021

13(5) .................................................

am. 126/2006, 15/2021

13(6) .................................................

am. 15/2021

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

rep. 8/2012

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

rep. 8/2012

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

rs. 126/2006, 19/2009

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

rs. 126/2006; rep. 8/2012

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

rs. 19/2009

23 ......................................................

rs. 126/2006; rep. 8/2012

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

62/1973

Nova

Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Jul

17, 1973

Jul

23, 1974

67/1974

Nova

Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Jul

23, 1974

Jun

15, 1976

51/1976

Nova

Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Jun

15, 1976

Aug 5,

130/1980

Nova

Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Aug 5,

May

18, 1982

110/1982

Nova

Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

May

18, 1982

Jul

12, 1983

153/1983

Nova

Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Jul

12, 1983

May

31, 1988

124/1988

Nova

Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

May

31, 1988

Sep

12, 1988

204/1988

Nova

Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Sep

12, 1988

Jun

20, 1989

86/1989

Nova

Scotia Crop and Livestock Insurance Plan for Lowbush Blueberries

Jun

20, 1989

Feb

13, 1990

45/1990

Nova

Scotia Crop and Livestock Insurance Plan for Blueberries

Feb

13, 1990

Dec 8,

263/1992

Nova

Scotia Crop and Livestock Insurance Plan for Blueberries

Dec 8,

Jan 3,

6/1995

Nova

Scotia Crop and Livestock Insurance Plan for Blueberries

Jan 3,

Nov 1,

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.