Bill 19 — Second Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 19 the Hail and Crop Insurance Amendment Act, 1973 (Legislature 17, Session 2)

L17 S2 5153

Alberta — Bills

1973 Bill 111 Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 19 The Hail and Crop Insurance Amendment Act, 1973 MR. STROMBERG First Reading .............................. . Second Reading ............................. . Third Reading ... Printed by QUEEN'S PRINTER for the Province of Alberta, EDMONTON

Bill 19 Mr. St.rombe.rg BILL 19 1973 THE HAil AND CRO'P !N5URANCE AMENDMENT ACT, 1973 (Assented to , 1973) HER MA,JESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Hail and C1'OP Insurance Act is hereby amended.

Section 3 is a1nended by renurnbering the

section as subsection (1) and by adding after the renumbered sub section (1) the following:

(2) T:he head office of the 'corporation shall be located in Calgary or such 'Other place as the Lieutenant Governor in Council n1ay fr'Om t,im'e to time, by order, designate.

Section 4, subsection (1) is amended by striking out the word "five" and by sUbstituting therefor the 'Word "seven".

Section 16 is amended (

a) as to subsection (1), by striking out the word "of fiee" and by sUbstitu-ting therefor the VJords "head office", (

b) by striking out subsection (.~) and by sUbstituting therefor the following:

(4) The corporation shall (

a) cons.ide}~ every application for .insurance as soon as possible after it has been received by the corporation at its head office, and (

b) proceed to accept or reject the application as the corporation in its absolute discretion de cides, but in no case shall the acceptance become effective prior to 12 :00 o'clock noon of the day following the date upon which the application was made.

Explanatory Note$ 1. This Bill will amend

chapter 164 -of the Revised Statutes of Alberta 1970. 2. Self-explanatory. 3. This amendment will increase the board of directors of the Alberta Hail and Crop Insurance Corporation from five to seven. 4. (

a) This 'amendment will remove the reference to the cor poration's "office" and replaces it with reference to the corpora tion's "head office". (

b) Section 16, subsection (4) presently reads:

(4) The corporation shall (

a) consider every applicati:on for insurance as soon as possib1e after it has been received by the corporation· at its office in Calgary, (

b) proceed to accept or reject the application as the corporation in its absolute discretion decides, and (

c) cause to be endorsed upon the applicati-on the word "Accepted" or "Rejected", as the case may be but in no case shall the acceptance become effective within 24 hours of the time the appl1ication is made.

Section 1'1, subse,ction (1), clause (

a) is amended by striking out the wO'rds "office in Calgary" and by substitut ing there/or the words "head off,ice",

Section 18 is arnended (

a) as t.o subsection (3), by adding after the words "the chairman" wherever the.y appear the words ", the general manager") and (

b) as to subsection (7), by striking out the words "not less than $25 and".

Section 19 is arnended (a) (

b) as to subsection (1), by striking out the word "Cal gary" and by substituting therefor the, words "its head office", as to subsection (2), by styiking out the WOltd "two" wherever it appears and b1f substituting therefor the word "five", and (

c) by striking out subsection (11) and by s~lbstituting there,jor the following:

(11) The corporation shall not pay any claim in respect of any insurance effected by the corporation unless notice of the claim is given before the sixth day after the date that the policy expires.

Section 20 is a/mended (

a) as to subsection (1), b1f striking out the word "Cal gary" and by substit,uting therefor the words "its head office 5 ', and (

b) by striking out subsection (6). 9. Se.ctiorn 23 is struck out and the following

section is substituted therefor: 23. No money payable by the corporation in respect of any claim for damage to crops by hail is subject to garnish ment, attachment, seizure or other legal process.

Section 32 is struck out.

Section 33, clause (

d) is amended by striking out the words ", landlord or tenant". 2

5. This amendment will remove the reference. to the corpora tion's "office in Calgary" and 'replace it with a reference to the corporation's "head office". 6. (

a) This amendment will 'allow the general manager of the corporation to designate a person to make seizures to recover un paid premiums 'Owing on haH insUll'lance. (

b) This amendment will remove the minimum fine that may be given to a person who deals with a crop on which there is a lien for unpaid premiums. 7. (

a) This amendment will remove the reference to the cor poration's "off~ce at Calgary" and :repLace it with reference to the corporation's "head office". (

b) This amendment win increase the distance from 2 miles to 5 miles that a claimant or his agent may reside from land upon whioh a claim is being made. (

c) Section 19, subsection (11) presently reads:

(11) The corporation shall not pay any claim in respect of any insurance effected by the corporation unless notice of the claim is made before the fifth day of October in the· year in which the damage occurs. 8. (

a) See explanatory note 7(a), (

b) Section 20, subsection (6) presently reads:

(6) The decision of the corporation with regard to the percentage of ,the damage suffered by any claimant, and the amount payable to any claimant in respect thereof, is final and oonclusive.

Section 23 presently reads: 23.

(1) All sums payable by the corporation in re.spect of any claim for damage· to crops by hail are exempt from garnishee proceedings, attachment and execution of every descrliption.

(2) Notwithstanding subsection (1), an assignment of a sum pay able by the corporation in respect of any claim for damage to crops by hail is good and yalid according to the tenor thereof if notice of the ass[gnment has been delivered and registered at the offices of the corporation in Calgary befo're the time of payment of the claim.

Section 32 pres,ently reads: 32. The Insurance Corporations Tax Act applies to the corporation with respect to insurance under this Part and the expression "insur ance company" in that Act shall, for all the purposes of that Act, be deemed to include the corporat'ion. II. This amendment will remove from the definition of "insur able person" a landlord or a tenant. 2

Section 37 is struck out, and the followina is substi. tuted therefor: 37. Where the board of directors is ,satisfied that there is general interest in the establishment of a plan of all-risk insurance, the board may by order (

a) declare a voluntary all-risk insurance plan to be in operation, and (

b) designate the area in which the plan is to be in 'Operation.

Section 38 is amended (

a) as tOI subsection (1), by str'ilcing out the words "'than the 31st day IOf January in any year" and by substituting therefor the words "than a date to be set by order O'f the eorporation", (

b) as to subsection (2), by striking out the, words "participation in a crop insurance plan falls below the minimum mentioned in

section 37" and by sub stitut,ing therefor the words "the corporation is not satisfied with the participation in the plan by the persons in the designated 'aJI'ea".

Section 40 is amended (

a) as to subsection (4), by striking out the words "or general manager" wherever they appear and by substituting the.refor the words ", general manager O'r secretary", and (

b) as to subsect.ion (6), by striking out the words "the corporation's claim nlay at the discretion of the corporation for that purpose" and by substituting therefor the words "the corporation O'r a person authorized by the corporation,". 15. The following

section is added after

section 41: 41 .. ~ NO' money paya~le by. the corporation in respect to claIms for crop losses IS sub] ect to garnishment attach- ment, seizure or 'Other legal process. ' 16. This Act cornes into force on the day upon which it is assented to.

Section 37 presently reads: 37.

(1) The corporation, if sa;tisfied that there is a general interest in the establishment .of a plan of all-risk insurance in an area, may as'certain by the holding of pubNc meetings lOr otherwise the wishes of the insurable persons in the area with respect tD the type of contract to be offered by the corporation.

(2) The corporation, is satisfied that in an area (

a) at least 25 per cent .of the insurable persons in the area, Dr (

b) a group of persons owning a m[nimum of 25 per cent .of the aggregate ins'urable acreage in the area, are will'ing to enter intD contracts with the corporation, may by an .order declare a voluntary all-risk insurance plan to be in operation in the area the boundaries ()f which are to be determined by the order. 13. (

a) This amendment will change the date upon which a policy may be terminated. (

b) This amendment will allow the corporation to decide when the participation in a plan is insufficient so that the plan may be termina ted. 14. (

a) This amendment will allow the secretary of the corpor ation to designate persons to make seizures to recover unpaid premiums owing on crop insurance. (

b) This amendment will remove an ambiguity in subsection (6). 15. Self-explanatory. Title: 1973 (17th, 2nd) Bill 19, The Hail and Crop Insurance Amendment Act, 1973

Document details

Collection	Alberta — Bills
Citation	L17 S2 5153
Type	bill
Volume / chapter	L17 S2 5153
Language	en
Format	json
Source	PROVINCIAL
Identifier	e9c6e0f302686d7214a7f83a034c90e72c1f055d

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