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 Trees

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 95-63 (effective January 24, 1995), N.S. Reg. 14/1995

amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 15/2024

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 .

Definitions

Designation of perils

Designation of crop year

Deadline for notice of cancellation of insurance

Coverage

Eligibility

Premium

Coverage

Deadline for notice of damage

Evaluation of loss

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

2 The purpose of this plan is to provide insurance for apple and pear trees damaged as a

result of one or more of the perils designated in

Section 3 to the extent that it is necessary

to remove the apple or pear trees.

Definitions

2A In this plan,

“Act” means the Crop and Livestock Insurance Act ;

set out in the Contract of Insurance in Form 1 to the General Crop Insurance Plans

Regulations made under the Act.

Designation of perils

(1) The following are designated as perils for the purpose of this plan:

(

a) wind;

(

b) winter injury (excluding mouse damage);

(

c) snow;

(

d) ice;

(

e) virus diseases;

(

f) canker;

(

g) fireblight (erwinia amylovora);

(

h) wildlife (excluding mouse damage); and

(

i) wildfire.

(2) Where an orchard has been infected with any of the diseases mentioned in clauses

3(1)(e), (

f) or (g), the grower shall undertake appropriate sanitation or other control

procedures in order to maintain coverage under this endorsement in subsequent

years.

Designation of crop year

4 The crop year for tree insurance is the period from December 1 in any year to November

30 of the following year.

5 [repealed]

6 [repealed]

Deadline for notice of cancellation of insurance

a notice of cancellation of insurance under this plan must be given before November 15 in

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

Coverage

8 Insured persons who have coverage under the Tree Fruit Crop Insurance Plan are eligible

for tree insurance under this plan.

Eligibility

(1) The Commission shall determine the eligibility of trees for coverage under this plan.

(2) If an applicant has both apple and pear trees and does not wish to insure both kinds

of trees, only the trees making up the highest percentage of trees in the tree fruit

orchard are eligible for tree insurance under this plan.

(3) At the time of filing an application for tree insurance, the applicant shall indicate the

number of apple and pear trees owned or leased by the applicant.

(4) Trees planted before June 15 in a crop year are eligible for coverage in the fall of that

crop year if their total terminal growth exceeds 30 cm.

(5) A new grower who has immature trees that are not yet producing is eligible for tree

insurance under this plan if they own 500 trees or more.

Premium

(1) The base premium rate shall be based on a methodology set by an actuary and

approved by the Commission.

(1A) The base premium rate must be adjusted by a factor approved by the Commission in

consultation with an actuary.

(2) The premium determined under subsections (1) and (1A) includes premium

Act (Canada) and the Province under the Act.

Coverage

(1) For each crop year, the Commission shall establish insurable values for each

insurable tree, considering tree age and planting density, and shall announce these

values to insured persons before the beginning of the crop year.

(2) The Commission shall use the insurable values to calculate premium and indemnity

in contracts of insurance for insurable trees.

(3) If in a crop year the number of trees owned or leased by an insured person is greater

or less than the number of trees they had insured under this plan in the immediately

preceding crop year, the insured person shall report the change to the Commission.

Deadline for notice of damage

Insurance, an insured person under this plan must notify the Commission

immediately of tree damage from one or more of the insured perils.

(2) The insured person shall notify the Commission 10 days prior to the destruction or

removal of trees.

Evaluation of loss

(1) The Commission shall determine the indemnity payable for damage by a method that

it determines appropriate.

(2) No indemnity shall be paid for damage unless the insured person establishes that the

damage resulted directly from one or more of the insurable perils.

(3) No indemnity shall be paid unless damage to trees exceeds 3% (deductible) of the

insured number, causing removal due to insurable perils. The deductible shall be

applied separately relative to the number of apple trees insured and the number of

pear trees insured.

(4) In a crop year following a crop year in which the insured was indemnified for loss of

trees, the Commission may waive the deductible clause as it applies to trees which

have been identified by the Commission as having been injured by an insurable peril

in the previous crop year.

14 [repealed]

Legislative History

Reference Tables

Crop Insurance Plan for Trees

N.S. Reg.

14/1995

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 Trees 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

14/1995

Jan 24, 1995

date made

Feb 17, 1995

47/1997

May 6,

date

made

May

23, 1997

40/2003

Feb

21, 2003

date

specified

Mar 7,

135/2006

Jul

24, 2006

date

specified

Aug

18, 2006

18/2012

Jan

10, 2012

date

specified

Jan

27, 2012

115/2018

Jul 3,

date

specified

Jul

20, 2018

25/2021

Jan

26, 2021

date

specified

Feb

12, 2021

15/2024

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 . 18/2012 1

2A .....................................................

ad. 18/2012

2A defn . of “terms and

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

am. 115/2018

3(1)(h) ...............................................

am. 15/2024

3(1)(i) ...............................................

ad. 15/2024

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

rs . 135/2006; rep. 18/2012

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

rs . 135/2006; rep. 18/2012

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

rs . 18/2012 2 ; ra. from 8 115/2018

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

ra. as 7 115/2018

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

rs . 135/2006

9(4) ............................................

am. 25/2021

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

rs . 135/2006

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

rs . 40/2003

10(2) ............................................

am. 18/2012

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

rs . 135/2006

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

rs . 18/2012

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

rs . 47/1997, 135/2006; rep. 18/2012

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Title of regulations amended from The Nova Scotia Crop and Livestock Insurance Plan for Tree Insurance

Jan 10, 2012

Second

Section

8 added by N.S. Reg. 18/2012 renumbered as

Section 7 for the purposes of this

consolidation. (corrected by N.S. Reg. 115/2018)

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

267/1983

Nova

Scotia Plan for Tree Insurance Endorsement

Dec

20, 1983

Feb 5,

26/1985

Nova

Scotia Plan for Tree Insurance Endorsement

Feb 5,

May 8,

133/1990

Nova

Scotia Plan for Tree Insurance Endorsement

May 8,

Jan

24, 1995

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.