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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Crop Insurance Plan for Vegetables

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2000-571 (effective April 1, 2000), N.S. Reg. 192/2000

amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 16/2024

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

Final planting date

Incorrect acreage

Harvesting

Final harvest date

Harvest yield report

Evaluation of loss

Citation

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

Purpose

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

vegetables resulting from one or more of the perils designated in

Section 4.

Interpretation

3 In this plan,

“Act” means the Crop and Livestock Insurance Act ;

“average insurable yield” means the average insurable yield of an insurable

vegetable crop determined in accordance with subsection 9A(3);

“final acreage declaration” means a signed declaration of cropping intentions

submitted to the Commission by an insured person pursuant to

Section 14;

“insurable crop” means any crop of vegetables that has been planted by an insured

person in a crop year;

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 guaranteed production as determined

pursuant to

Section 9;

“vegetables” means all cultivars of broccoli, Brussels sprouts, cauliflower, cabbage,

fresh carrots, lettuce, onions, parsnips, processing carrots, rutabagas, and winter

squash produced in Nova Scotia, that are recommended by the Department of

Agriculture.

Designation of perils

4 The following are designated as perils for vegetables:

(

a) frost;

(

b) hail;

(

c) disease;

(

d) drought;

(

e) excessive moisture;

(

f) off crop due to adverse weather;

(

g) wind;

(

h) insects;

(

i) wildlife; and

(

j) wildfire.

Designation of crop year

5 The crop year for vegetables is the period from March 15 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 before March 15 in

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

Coverage

(1) All the area of each type of vegetable owned or operated by an insured person and to

be harvested is eligible to be offered for insurance coverage.

(2) If an insured person offers an area of vegetables for insurance coverage, the entire

area of that vegetable type must be offered for insurance coverage.

(3) The Commission may insure all or part of an area of vegetables offered for insurance

coverage.

(4) On written application by an insured person, the Commission may insure a vegetable

crop on the basis of variety, area, agronomic practice or specified perils.

Total guaranteed production

9A

(1) An insured person shall select a coverage level of 70%, 80%, 85% or 90% of the

average insurable yield of an insurable vegetable crop for the purpose of determining

the guaranteed production for that crop in a crop year.

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

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

area of that insured vegetable crop.

(3) The average insurable yield of an insurable vegetable 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

vegetable 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

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

(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 under subsections (1) to (3) includes premium payments

(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 must 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 must not be amended by an

insured person without the written consent of the Commission.

(3) The Commission may revise the final seeding report and adjust the premium

accordingly, and shall notify an insured person in writing of any revision and

adjustment.

(4) An insured person is deemed to have agreed with the Commission’s revision and

adjustment under subsection (3) unless the insured person notifies the Commission

in writing no later than 10 days after the date the notification is mailed or delivered

by the Commission that the insured person rejects the revision and adjustment.

(5) After receiving notice from an insured person under subsection (4), the Commission

may decide that the contract of insurance does not apply for the crop year in which

the final seeding report was filed, and it shall notify the insured person in writing and

refund any premium deposit paid for that crop year.

(6) If no notice of rejection is provided under subsection (4), a final seeding report

revised under subsection (3) constitutes the final report for the crop year.

(7) If an insured person fails to file a final seeding report in any crop year, the

Commission may do 1 of the following:

(

a) prepare the final seeding report;

(

b) deem the insured area to be nil.

(8) The Commission shall mail or deliver a copy of any report prepared under

subsection (7) to the insured person and the insured person shall pay the premium for

the crop year for which the report was prepared.

Final planting date

14A

(1) The final planting date must be announced by the Commission before the beginning

of the crop year.

(2) Despite subsection (1), the Commission may insure any area of vegetables planted

up to 7 days after the final planting date, but must reduce the insurance coverage on

that area by 5% for each day after the final planting date that the area remains

unplanted.

Incorrect acreage

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

proper.

(2) Despite

Section 9, where the actual measured acreage of vegetables 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 9, where the actual acreage of vegetables in a crop year exceeds the

insured acreage, the measured area yield will be pro-rated to the insured acres in

calculating indemnity payable.

Harvesting

16 All acreage of vegetables shall be harvested unless the Commission gives consent pursuant

to clause 20(b).

17 [repealed]

Final harvest date

(1) The Commission shall establish and maintain a

schedule of final harvest dates for

each insurable crop and shall provide these dates to an insured person before the start

of each crop year.

(2) Any part of an insured crop that has not been harvested before the final harvest date

established pursuant to subsection (1), shall cease to be eligible for insurance

coverage unless it can be established that the harvest of that crop was delayed due to

a peril designated in

Section 4.

Harvest yield report

19 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

20 The reduction in yield of an insured crop in a crop year and the indemnity payable shall be

determined as follows:

(

a) where 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; or

(

b) where 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.

21 [repealed]

22 [repealed]

Legislative History

Reference Tables

Crop Insurance Plan for Vegetables

N.S. Reg. 192/2000

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 Vegetables 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

192/2000

Apr 1, 2000

date specified

Dec 15, 2000

41/2003

Feb

21, 2003

date

specified

Mar 7,

68/2003

Mar

28, 2003

date

specified

Apr

18, 2003

140/2004

Apr 1,

date

specified

Apr

30, 2004

136/2006

Jul

24, 2006

date

specified

Aug

18, 2006

27/2009

Feb 3,

date specified

Feb

13, 2009

19/2012

Jan

10, 2012

date

specified

Jan

27, 2012

116/2018

Jul 3,

date

specified

Jul

20, 2018

26/2021

Jan

26, 2021

date

specified

Feb

12, 2021

16/2024

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

1 ........................................................

rs . 19/2012 2

3 ........................................................

am. 19/2012 (clause lettering removed)

3, defn . of “Act” ..........................

ad. 19/2012

3(

a) defn . of “average

insurable yield” ..................................................

rs . 136/2006

3(

b) defn . of “contract of

insurance” ..................................................

rs . 136/2006

3, defn . of “contract of

insurance”

rep. 19/2012

of the Contract of Insurance” .......

ad. 19/2012 ; am. 116/2018

3, defn . of “vegetables” ...............

am. 116/2018

4(i) ....................................................

am. 16/2024

4(j) ....................................................

ad. 16/2024

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

rs . 136/2006; rep. 19/2012

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

rs . 136/2006; rep. 19/2012

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

rs . 19/2012

9 ........................................................

rs . 136/2006, 27/2009,

19/2012

9A .....................................................

ad. 136/2006

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

rs . 136/2006

10(1) ............................................

rs . 41/2003

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

rs . 136/2006

12(1) ............................................

rs . 41/2003, 68/2003,

140/2004

12(2) ............................................

rs . 26/2021

12(5) ............................................

am. 19/2012

14 ......................................................

rs . 116/2018

14A ...................................................

ad. 26/2021

17 ......................................................

rep. 19/2012

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

rs . 136/2006, 27/2009,

19/2012

21 ......................................................

rs . 136/2006

21(1) ............................................

rs . 27/2009, 19/2012

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

rs . 136/2006

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The reference in s. 3 to the Department of Agriculture

and Marketing should be read as a reference to the Department of Agriculture

in accordance with O.I.C. 2006-121 under the Public Service Act , R.S.N.S. 1989, c. 376. (corrected by N.S.

Reg. 116/2018)

Feb 24, 2006

Title of regulations amended from Nova Scotia Crop and Livestock Plan for Vegetables .

Jan 10, 2012

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.