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.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Crop Insurance Plan for Spring Grain

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 2003-88 (effective March 14, 2003), N.S. Reg. 50/2003

amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 12/2024

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

Whole farm adjustment option

Final seeding report

Incorrect area in final seeding report

Final planting date

Carry-over of stored grain

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 Spring Grain .

Purpose

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

grain 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 spring

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

“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 spring grain

submitted to the Commission by an insured person pursuant to

Section 15;

“pedigreed seed” refers to a variety of oats, barley and wheat that has the minimum

classification of “Certified” seed issued by the Canadian Seed Growers’ Association

and that is produced in Nova Scotia only for seed production;

“spring grain” means varieties of oats, barley and wheat 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;

“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.

Designation of perils

4 The following are designated as perils for spring grain:

(

a) drought;

(

b) frost;

(

c) hail;

(

d) wind;

(

e) excessive moisture;

(

f) insects;

(

g) plant disease;

(

h) wildlife; and

(

i) wildfire.

Designation of crop year

5 The crop year for spring grain is the period from April 15 in any year to September 30 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 spring grain 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 spring grain offered for

insurance coverage.

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

spring grain 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 spring grain for the purpose of determining

the guaranteed production for that crop in a crop year.

(2) The total guaranteed production for an insured spring grain crop shall be determined

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

area of that insured spring grain crop.

(3) The average insurable yield of an insurable spring grain 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

spring grain crop, and shall announce these options to insured persons before the

beginning of the crop year.

(2) For pedigreed seed, the price options shall be increased by $25 per tonne.

(3) 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(3).

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), (2), and (3) includes premium

Act (Canada) and the Province under the Act.

Whole farm adjustment option

13A

(1) An insured person may elect to include a whole farm adjustment option in their

contract of insurance.

(2) An insured person who elects to include a whole farm adjustment option in their

contract of insurance

(

a) pays a reduced premium in accordance with a discount

schedule developed by

an actuary for this purpose and approved by the Commission; and

(

b) is paid a reduced indemnity in accordance with

Section 29 for an insured crop

that has a yield lower than the total guaranteed production for that crop if

another insured crop exceeds its total guaranteed production.

(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 spring grain 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 spring grain 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 spring grain 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 spring grain 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 grain

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 spring grain 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 spring grain 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 spring grain crop is to be placed in a separate storage.

(4) Unless prior permission is granted and measurements recorded, failure to keep each

harvested spring grain crop in a separate storage may jeopardize any indemnity

otherwise payable.

21 [repealed]

Final date for harvest

22 The final date for harvest shall be September 30 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 spring grain 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 the amount of loss for the insured crop shall be

calculated by multiplying the guaranteed production of the damaged area by the

product of the established price and the applicable stage 1 payout rate set out in the

following table:

Crop

Stage 1 Payout Rate as

% of Established Price

Oats

65%

Barley

65%

Feed Wheat

50%

Milling Wheat

50%

(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 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) When the Commission consents to the reseeding of a damaged area pursuant to

subsection (1), 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 reseeded in accordance with this

Section to an insured

spring grain crop, the contract of insurance shall continue to apply to the 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.

(3) When a spring grain crop is insured as pedigreed seed, and is rejected for pedigreed

seed status as a result of damage from a designated peril, the amount of loss shall be

calculated by multiplying the number of tonnes harvested by $25.

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) Despite subsections (1) and (2), if an insured person elects to include a whole farm

adjustment option under

Section 13A, and the actual production of an insured crop

exceeds that crop’s total guaranteed production, the excess must be used to calculate

a reduction in any indemnity payable for another insured crop under subsections

(1) and (2), by multiplying the amount of the excess by the established price and

applying the result against the amount that would otherwise be payable under

subsections (1) and (2).

30 [repealed]

31 [repealed]

Legislative History

Reference Tables

Crop Insurance Plan for Spring Grain

N.S. Reg.

50/2003

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 Spring Grain 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

50/2003

Mar 14, 2003

date specified

Apr 4, 2003

65/2003

Mar

28, 2003

date

specified

Apr

18, 2003

137/2004

Apr 1,

date

specified

Apr

30, 2004

85/2005

Mar

31, 2005

date

specified

Apr

15, 2005

132/2006

Jul

24, 2006

date

specified

Aug

18, 2006

23/2009

Feb 3,

date specified

Feb

13, 2009

15/2012

Jan

10, 2012

date

specified

Jan

27, 2012

112/2018

Jul 3,

date

specified

Jul

20, 2018

22/2021

Jan

26, 2021

date

specified

Feb

12, 2021

12/2024

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 ........................................................

am. 15/2012 (clause lettering removed)

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

ad. 15/2012

3(

a) defn . of “average

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

rs . 132/2006

3(

b) defn . of “contract of

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

rs . 132/2006

3, defn . of “contract of

insurance”

rep. 15/2012

3, defn . of “mixed grain” ............

rep. 112/2018

3, defn . of “spring grain” ............

am. 112/2018

3, defn . of “terms and

conditions of the Contract of Insurance” .......

ad. 15/2012 ; am. 112/2018

3(

i) defn . of “Zone 1” ..................

ad. 132/2006

3, defn . of “Zone 1” ....................

am. 112/2018

3(

j) defn . of “Zone 2” ..................

ad. 132/2006

3, defn . of “Zone 2” ....................

rs . 112/2018

3, defn . of “Zone 3” ....................

ad. 112/2018

4(g) ...................................................

am. 12/2024

4(h) ...................................................

am. 12/2024

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

ad. 12/2024

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

am. 22/2021

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

rs . 132/2006; rep. 15/2012

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

rs . 132/2006; rep. 15/2012

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

rs . 15/2012

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

rs . 132/2006

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

ad. 132/2006

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

rs . 132/2006

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

rs . 132/2006

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

rs . 65/2003, 137/2004

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

rs . 65/2003, 137/2004,

132/2006

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

rs . 22/2021

13(4) .................................................

rs . 132/2006

13A ...................................................

ad. 85/2005

15(1) .................................................

rs . 132/2006

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

rs . 132/2006

17(1) ............................................

am. 112/2018

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

rep. 15/2012

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

rep. 15/2012

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

rs . 132/2006, 23/2009

25(3) .................................................

am. 112/2018 (table row “Mixed Grain” struck out)

29(3) .................................................

ad. 85/2005 ; am. 112/2018

30 ......................................................

rs . 132/2006; rep. 15/2012

30(1) ............................................

rs . 23/2009

31 ......................................................

rs . 132/2006; rep. 15/2012

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

15/1969

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

Mar 4,

Feb 6,

17/1973

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

Feb 6,

Jul

17, 1973

62/1973

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

Jul

17, 1973

Jul 23,

67/1974

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

Jul

23, 1974

Jun

24, 1975

102/1975

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

Jun

24, 1975

Aug 1,

164/1978

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

Aug 1,

May

18, 1982

110/1982

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

May

18, 1982

Apr

29, 1986

68/1986

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

Apr

29, 1986

Apr

22, 1987

86/1987

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

Apr

22, 1987

May

31, 1988

124/1988

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

May

31, 1988

Jun

20, 1989

86/1989

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

Jun

20, 1989

May 8,

133/1990

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

May 8,

Dec 8,

6/1995

Nova

Scotia Crop and Livestock Insurance Plan for Spring Grain

Jan 3,

Mar

14, 2003

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.