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.

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Dairy Livestock Insurance Plan

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2021-106 (effective April 27, 2021), N.S. Reg. 66/2021

amended to O.I.C. 2026-71 (effective March 3, 2026), N.S. Reg. 69/2026

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

Designated perils

Application for contract of insurance

Contract of insurance

Certificate of insurance

Duration of contract of insurance

Limitation of contract of insurance

Premium

Coverage for loss of livestock from disease

Established prices

Notice of loss of livestock from disease

Evaluation of claim for loss of livestock from disease

Notice of loss of income

Extent of coverage under loss of income benefit

Evaluation of claim for loss of income benefit

Claim payable under loss of income benefit

Arbitration

Form 1 - Contract of Insurance - Dairy

Insured animal

Extent of insurance

Causes of loss not insured against

Cancelling insurance

Contract terminates on bankruptcy or death

Actions that invalidate claim

Waiver of alteration

Interest of insured person deemed to be full value of coverage

Insured person may assign right to be indemnified

Notice of loss

Notice of claim

Adjustment of loss

Maximum indemnity

Time for payment of indemnity

Arbitration

Subrogation

Right of entry

Notice

Citation

1 These regulations may be cited as the Dairy Livestock Insurance Plan .

Purpose

2 The purpose of this plan is to provide for

(

a) insurance against a loss of livestock resulting from 1 or more of the perils

designated in subsection 4(1); and

(

b) a benefit for loss of income when, as a result of 1 or more of the perils

designated in subsection 4(2), gross monthly income from the sale of milk

falls below 50% of the average gross monthly income calculated in

accordance with subsection 16(2).

Definitions

3 In this plan,

(a) “dairy building” means any building owned by an insured person used to

house livestock or milk produced by livestock insured under this plan;

(b) “designated perils” means the perils described in

Section 4;

(c) “insurable livestock” means any animal designated for insurance purposes

under

Section 11;

(d) “insurance year” means the period commencing on the date that an

application for insurance is approved by the Commission and ending on

December 31 of the same year;

(e) “livestock” means

(

i) dairy heifers housed in the Province and owned by Nova Scotia

farmers whose farm businesses are registered under the Farm

Registration Act , or

(ii) dairy cows, dairy heifers and female dairy calves owned by Nova

Scotia farmers and grown in the Province for the purpose of

producing milk under a licence issued by the Dairy Farmers of Nova

Scotia in accordance with the Dairy Industry Act ;

(f) “loss of income benefit” means a benefit paid to an insured person in

accordance with Sections 15 to 18;

(g) “Veterinary Pathology Laboratory” means the Nova Scotia Department of

Agriculture laboratory where livestock pathology tests are conducted.

Designated perils

(1) A person may be insured against a loss of livestock from disease due to any of the

following designated perils:

(

a) reportable diseases that are designated under the Health of Animals Act

(Canada), except bovine spongiform encephalopathy and foot and mouth

disease;

(

b) fibrinous pneumonia (shipping fever);

(

c) infectious bovine rhinotracheitis (respiratory form).

(2) A person may receive the loss of income benefit due to any of the following

designated perils:

(

a) the diseases specified in subsection (1);

(

b) fire;

(

c) collapse of a dairy building due to ice, snow or wind.

Application for contract of insurance

(1) An application for a contract of insurance must be

(

a) filed on a Dairy Livestock Insurance Plan - Application & Renewal form

provided by the Commission;

(

b) accompanied by the total premium; and

(

c) accompanied by a completed Application Supplement form provided by the

Commission.

(2) A completed application is not binding upon either party until a contract of

insurance is issued in respect of the application.

(3) The Commission may require an applicant to comply with any regulations made

under the Animal Health and Protection Act and the Health of Animals Act

(Canada) before issuing a contract of insurance.

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; and

(

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 will 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

applicant’s application.

Certificate of insurance

(1) The Commission will issue a certificate of insurance indicating the value of

insurance coverage after the contract of insurance is approved.

(2) A certificate of insurance is in force from the date of approval of the contract of

insurance by the Commission to December 31 of the same year.

Duration of contract of insurance

(1) A contract of insurance is in force until it is cancelled in accordance with

subsection (2).

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

by giving written notice to the other party before December 31 of the year that the

contract of insurance is in force.

(3) If an insured person wants to renew their contract of insurance for the upcoming

year, they must file a Dairy Livestock Insurance Plan - Application & Renewal

form stating the number of animals to be insured in the upcoming year before

December 31 of the year that the current contract of insurance is in force.

(4) Premium amounts calculated under

Section 10 are due at the time of renewal.

(5) Failure by an insured person to inform the Commission of the number of animals

to be insured in the upcoming year under subsection (3) will result in cancellation

of all insurance coverage after December 31 of the year that the contract of

insurance is in force.

(6) Despite subsection (5), if an insured person informs the Commission of the

number of animals to be insured in the upcoming year before March 31 of the

upcoming year, insurance coverage will continue under the original contract of

insurance.

Limitation of contract of insurance

9 A claim for indemnity is limited to the extent of the assets in the Livestock Insurance

Fund balance held by the Commission.

Premium

(1) The base premium rate must be set by the Commission and announced on or

before October 1 each year for the upcoming year.

(2) The base premium rate will be adjusted by applying a discount or surcharge in

accordance with a formula set by the Commission by October 31 of each year.

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

person in any insurance year must be $25.

Coverage for loss of livestock from disease

(1) All of the dairy cows and dairy heifers 1 year of age and older that are owned by an

insured person must be offered for insurance coverage.

(2) All dairy heifers 6 months of age and older are eligible for insurance coverage.

(3) All female dairy calves under 6 months of age are eligible for insurance coverage.

(4) If an insured person increases the number of livestock that they own during the

period that a contract of insurance is in force, the insured person must purchase

coverage for the livestock not already insured.

Established prices

(1) For the purpose of calculating premium and the indemnity per animal, an insured

person must select

(a) 1 of the price options listed in subsection (2) for dairy cows and dairy

heifers 1 year of age and older;

(

b) if applicable, 1 of the price options listed in subsection (2) for dairy heifers

6 months of age and older insured; and

(

c) if applicable, 1 of the price options listed in subsection (3) for calves

insured.

(2) The established price options for dairy cows and dairy heifers insured under

subsections 11(1) and (2) are

(a) $400;

(b) $600;

(c) $800;

(d) $1000;

(e) $1200;

(f) $1400;

(g) $1600;

(h) $1800; and

(i) $2000.

(3) The established price options for calves insured under subsection 11(3) are

(a) $200;

(b) $400;

(c) $600; and

(d) $800.

Notice of loss of livestock from disease

(1) To be eligible for a claim for the death of an animal from disease, an insured

person must submit all of the following to the Commission within 72 hours of the

death of the animal:

(

a) a Notice of Claim Form - Dairy Livestock Disease Insurance Plan provided

by the Commission for loss of livestock from disease;

(

b) a written statement from a veterinarian confirming the cause of death of the

animal was a designated peril.

(2) The insured person must do 1 of the following to assist in determining that the

cause of death of the animal was a designated peril:

(

a) if the attending veterinarian performs a necropsy on the animal, ensure that

the necessary tissue specimens and blood samples are forwarded to the

Veterinary Pathology Laboratory;

(

b) if a necropsy is not performed on the animal, deliver the animal’s carcass to

the Veterinary Pathology Laboratory.

(3) Despite subsection (2), in the event of an outbreak of fibrinous pneumonia

(shipping fever) or respiratory infectious bovine rhinotracheitis (respiratory form),

(

a) the first 3 animals to die must be necropsied or have their carcasses

delivered to the Veterinary Pathology Laboratory; and

(

b) if more than 3 animals die, the insured person must contact the Commission

to determine whether additional sampling is required.

Evaluation of claim for loss of livestock from disease

(1) Subject to

Section 9, the maximum indemnity that the Commission is liable for for

a claim for loss of livestock from disease under a contract of insurance is the

insured value of that livestock less payments received

(

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

(

b) for salvage; and

(

c) from any other government agency.

(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) Animals that recover after a claim and remain in the herd for 60 or more days after

diagnosis by a veterinarian are not eligible to be paid for under the original claim

submitted.

Notice of loss of income

15 An insured person must do all of the following to be eligible for a claim for loss of

income:

(

a) notify the Commission within 10 days of any event that may result in a loss

of income claim;

(

b) submit a Notice of Claim Form - Dairy Livestock Disease Insurance Plan

provided by the Commission for loss of income to the Commission within

10 days after the first monthly payment of income from the dairy that is less

than 50% of the insured person’s average gross monthly income as

calculated under subsection 16(1).

Extent of coverage under loss of income benefit

(1) For the purpose of the loss of income benefit, an applicant’s maximum insurable

income is 50% of the applicant’s average gross monthly income calculated under

subsection (2).

(2) The applicant’s average gross monthly income must be

(

a) stated on the Dairy Livestock Insurance Plan - Application & Renewal form

and based on the applicant’s monthly receipts from the sale of milk over the

12-month period prior to a loss; and

(

b) pro-rated to reflect any reduction in the applicant’s quota holding at the time

a claim is made compared to the quota holding at the time of the application

for the contract of insurance.

Evaluation of claim for loss of income benefit

(1) Subject to

Section 9, the Commission will determine the reduction of income each

month by subtracting the actual monthly payment received from the sale of milk

and the value of any compensation from the lease or rental of quota or other such

contractual arrangements that provide for the sale of milk for the month from the

maximum insurable income described in subsection 16(1).

(2) The maximum amount payable by the Commission, in accordance with subsection

16(1), is 50% of the applicant’s average gross monthly income as calculated under

subsection 16(2).

(3) The maximum period of payments is 4 months and no payment will be made if the

insured person does not continue in business.

Claim payable under loss of income benefit

18 If an insured person suffers a loss of income for a period of more than 4 months, the

insured person may select the period during which the income benefit payment may be

made.

Arbitration

19 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 insured person has filed a proof

of loss form as required by their contract of insurance, either party may request that the

dispute be resolved by arbitration in accordance with the Agriculture Appeal and Review

Board Act and its regulations.

________________________________________________________________

Form 1 - Contract of Insurance - Dairy

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 Crop and Livestock Insurance Act (the “Act”) gives the Commission the power to

administer insurance plans established by regulation for designated insurable livestock;

And

whereas the Dairy Livestock Insurance Plan made under the Act (the “Plan”) provides

insurance against a loss of livestock resulting from 1 or more of the perils designated in

subsection 4(1) of the Plan and provides a benefit for loss of income when, as a result of 1 or

more of the perils designated in subsection 4(2) of the Plan, the Insured Person’s gross monthly

income from the sale of milk falls below 50% of the average gross monthly income calculated

in accordance with subsection 16(2) of the Plan;

And

whereas the Commission and the Insured Person have entered into this contract of

insurance to insure the dairy livestock and income offered by the Insured Person and accepted

by the Commission for insurance (the “Insured Animal” and the “Loss of Income”) in each year

while this contract is in force, in accordance with the Plan made under the Act;

Now therefore, subject to the Act, the Plan, the regulations under the Act, and the conditions in

this contract, if the Insured Person suffers Loss of Income or loss of or damage to an Insured

Animal due to 1 or more of the perils designated in the Plan, the Commission, subject to the

the loss.

Insured animal

1 In this contract, an insured animal means an animal insured under the Plan

Extent of insurance

(1) This contract applies to the dairy cows, heifers, and calves as specified in the

certificate of insurance issued by the Commission to the Insured Person in each

year.

(2) An Insured Person under the Plan that produces milk under a licence issued by the

Dairy Farmers of Nova Scotia is also eligible to be insured against Loss of Income.

(3) This contract applies to livestock diseases and perils designated under the Plan.

Causes of loss not insured against

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

of an insured animal 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.

Cancelling insurance

(1) The Insured Person or the Commission may cancel insurance under this contract

by giving written notice to the other party by December 31 prior to the year that the

cancellation is to be effective.

(2) The Commission may cancel insurance under this contract without notice if the

Insured Person contravenes any of the terms or conditions of the Act, the

regulations under the Act or this contract.

Contract terminates on bankruptcy or death

(1) This contract terminates on December 31 of any year that the Insured Person

makes an authorized assignment under the Bankruptcy Act (Canada).

(2) This contract terminates on December 31 of the year that the Insured Person dies,

but the Commission may extend this contract to the Insured Person’s estate at the

request of a person who is a personal representative of the Insured Person within

the meaning of the Probate Act .

Actions that invalidate claim

6 If an Insured Person does any of the following, a claim by the Insured Person is invalid

and their right to recover indemnity is forfeited:

(

a) gives false particulars in their Dairy Livestock Insurance Plan - Application

& Renewal form or Application Supplement form;

(

b) knowingly misrepresents or fails to disclose any fact required in their Dairy

Livestock Insurance Plan - Application & Renewal form or Application

Supplement form;

(

c) contravenes the Act, the regulations under the Act or a term or condition of

this contract;

(

d) commits a fraud;

(

e) willfully makes a false statement in respect of any claim under this contract.

Waiver of alteration

7 No term or condition of this contract or the Plan is deemed waived or altered in whole or

in part by the Commission unless the waiver or alteration is expressed in writing and

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

Commission.

Interest of insured person deemed to be full value of coverage

8 The interest of the Insured Person is deemed to be the full value of the total coverage

provided, regardless of any interest that individuals other than the Insured Person may

hold.

Insured person may assign right to be indemnified

(1) An indemnity will not be paid to any person other than the Insured Person, unless

the Insured Person assigns the indemnity under this Section.

(2) The Insured Person may assign all or part of their right to be indemnified under

this contract.

(3) An assignment under subsection (2) is not binding on the Commission and no

payment of indemnity will be made to an assignee unless

(

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

(

b) the Commission consents to the assignment in writing.

Notice of loss

10 The Insured Person must notify the Commission in accordance with the Plan of the death

or disease of an insured animal or the loss of income resulting from 1 or more designated

perils.

Notice of claim

(1) A claim for indemnity must be made on a form provided by the Commission.

(2) Subject to subsection (3), a claim for indemnity must 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 an agent of

the Insured Person; or

(

b) in the case of the absence or inability of the Insured Person or on their

failure or refusal to make the claim, by a person assigned under

Section 9.

Adjustment of loss

(1) The indemnity payable for the death of an insured animal or loss of income will be

determined in the manner prescribed by the Plan.

(2) The Commission may appraise a claim by any method that it deems appropriate to

fairly and accurately appraise the loss.

(3) No indemnity will be paid for the death of an insured animal or loss of income

unless the Insured Person establishes the cause of loss as set out in the Plan.

Maximum indemnity

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

insurance is the insured value of the livestock and the insured value of the income

loss 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.

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 that the loss or damage was

sustained.

(2) Nothing in this

Section prevents the Commission from paying indemnity under this

contract at an earlier date.

Arbitration

15 If the Commission and the Insured Person cannot resolve a dispute regarding the

adjustment of loss under this contract, the matter will be resolved by arbitration in

accordance with the Agriculture Appeal and Review Board Act and its regulations.

Subrogation

16 If the Commission has paid a claim under this contract, the Commission is subrogated to

the extent of the claim 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

17 The Insured Person must permit the Commission or its agents to have right of entry to

the premises to view an insured animal and to furnish any information related to this

contract and must comply with the requirements of the Commission or a veterinarian

employed by the Commission.

Notice

(1) Notice under this contract must be given by personal delivery or mail.

(2) For the purposes of subsection (1), the Commission will give notice to the Insured

Person using the most recent mailing address for the Insured Person that the

Commission has on record.

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 an authorized member of the

Commission and countersigned by a duly authorized representative of the Commission.

Countersigned and dated at on ___________________, 20__ .

____________________________ _________________________________

Duly authorized representative Executive Secretary

Legislative History

Reference Tables

Dairy Livestock Insurance Plan

N.S. Reg.

66/2021

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 Dairy Livestock 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

66/2021

Apr 27, 2021

date specified

May 7, 2021

69/2026

Mar 3, 2026

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

19 .....................................................

rs . 69/2026

Form 1

15 .....................................................

am. 69/2026

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

114/2002

Dairy Livestock Insurance Plan

Apr 1, 2000

Apr 27, 2021

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.