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 Raspberries

made under

Section 6 of the

Crop and Livestock Insurance Act

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

O.I.C. 1999-440 (effective September 14, 1999), N.S. Reg. 90/1999

amended to O.I.C. 2024-23 (effective January 16, 2024), N.S. Reg. 10/2024

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

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 Raspberries .

Purpose

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

raspberries resulting from one or more of the perils designated in

Section 4.

Interpretation

(1) In this plan,

“Act” means the Crop and Livestock Insurance Act ;

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

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

“raspberries” means all raspberry varieties produced in Nova Scotia that are

recommended by the Department of Agriculture;

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.

(2) For conversion purposes, 1 pint of raspberries weighs 0.3402 kg (0.75 lbs. or 12 oz.)

and 1 kg equals 2.2046 lbs.

Designation of perils

4 The following are designated as perils:

(

a) winter injury;

(

b) frost;

(

c) hail;

(

d) disease;

(

e) drought;

(

f) excessive moisture;

(

g) unavoidable pollination failure;

(

h) off crop due to adverse weather;

(

i) wind;

(

j) insects;

(

k) wildlife; and

(

l) wildfire.

Designation of crop year

5 The crop year is the period from November 1 in any year to October 31 in the following

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 October 31

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

Coverage

(1) All acreage of raspberries 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 acreage of raspberries offered for

insurance coverage.

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

raspberry 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 raspberry crop for the purpose of determining

the guaranteed production for that crop in a crop year.

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

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

area of that insured raspberry crop.

(3) The average insurable yield of an insurable raspberry 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

raspberry 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 pursuant to subsections (1), (2), and (3) includes premium

Act (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 July 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.

Incorrect acreage

(1) Despite

Section 9, when the actual measured acreage of raspberries 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.

(2) When the actual acreage of raspberries in a crop year exceeds the insured acreage,

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

indemnity payable.

Harvesting

15 All acreage of an insured crop shall be harvested unless the Commission gives consent

pursuant to clause 19(b).

16 [repealed]

Final harvest date

17 The final date for harvest shall be August 31, or any other date determined by the

Commission.

Harvest yield report

18 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

19 The reduction in yield in a crop year and the indemnity payable shall be determined as

follows:

(

a) when 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 per pint.

(

b) when 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.

20 [repealed]

21 [repealed]

Legislative History

Reference Tables

Crop Insurance Plan for Raspberries

N.S. Reg.

90/1999

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 Raspberries 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

90/1999

Sep 14, 1999

date made

Oct 8, 1999

35/2003

Feb

21, 2003

date

specified

Mar 7,

141/2004

Apr 1,

date

specified

Apr

30, 2004

130/2006

Jul

24, 2006

date

specified

Aug

18, 2006

25/2009

Feb 3,

date

specified

Feb

13, 2009

13/2012

Jan

10, 2012

date specified

Jan

27, 2012

110/2018

Jul 3,

date

specified

Jul

20, 2018

20/2021

Jan

26, 2021

date

specified

Feb

12, 2021

10/2024

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. 13/2012 2

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

am. 13/2012 (clause lettering removed)

3(1), defn. of “Act” .....................

ad. 13/2012

3(1)(

a) defn. of “average insurable yield” ........................................

rs. 130/2006

3(1)(

b) defn. of “contract of insurance” ................................

rs. 130/2006

3(1), defn. of “contract of insurance” ..................................................

rep. 13/2012

3(1), defn. of “raspberries” .........

am. 110/2018

of Insurance” .......

ad. 13/2012 ; am. 110/2018

4(k) ...................................................

am. 10/2024

4(l) ....................................................

ad. 10/2024

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

rs. 130/2006; rep. 13/2012

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

rs. 130/2006; rep. 13/2012

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

rs. 13/2012

9(2)-(3) .............................................

rs. 130/2006

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

ad. 130/2006

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

rs. 130/2006

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

rs. 35/2003

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

rs. 35/2003, 141/2004, 130/2006

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

rs. 20/2021

16 ......................................................

rep. 13/2012

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

rs. 130/2006, 25/2009

20 ......................................................

rs. 130/2006; rep. 13/2012

20(1) ............................................

rs. 25/2009

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

rs. 130/2006; rep. 13/2012

28(1) .................................................

rs. 21/2009

29 ......................................................

rs. 129/2006

Note that changes to headings are not included

in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The reference in s. 3(1) 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. 110/2018)

Feb 24, 2006

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

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.