Acts and Regulations

2009-19 - Crop Insurance Act

Table of contents
Full text
NEW BRUNSWICK
REGULATION 2009-19
under the
Crop Insurance Act
(O.C. 2009-40)
Filed February 12, 2009
1The enacting clause of New Brunswick Regulation 95-122 under the Crop Insurance Act is amended by striking out “Crop Insurance Act” and substituting “Agricultural Insurance Act”.
2Section 1 of the Regulation is amended by striking out “Crop Insurance Act” and substituting “Agricultural Insurance Act”.
3Section 2 of the Regulation is repealed and the following is substituted:
2(1)The following definitions apply in this Regulation.
“Act” means the Agricultural Insurance Act.(Loi)
“Commission” means the New Brunswick Agricultural Insurance Commission continued under section 3.(Commission)
“Minister” means the Minister of Agriculture and Aquaculture.(ministre)
“policy” means a contract of insurance issued by the Commission to an insured person under a plan.(police)
2(2)The following definitions apply in the Act and this Regulation.
“agricultural product” means(produit agricole)
(a) livestock or a livestock product,
(b) a plant or plant product, or
(c) an aquatic plant or aquatic plant product.
“insurable agricultural product” means an agricultural product for which a plan has been made.(produit agricole assurable)
“insured person” means a person who is insured under a policy.(assuré)
“livestock” means pigs, cattle, poultry, insects, fish, shellfish and any other animal designated by the Commission as an insurable agricultural product.(animaux de ferme)
“plan” means a plan of agricultural insurance made by the Commission from time to time.(plan)
4Section 3 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
3(1)The New Brunswick Crop Insurance Commission is continued under the name New Brunswick Agricultural Insurance Commission.
(b) by adding after subsection (1) the following:
3(1.1)The members of the Commission continued under subsection (1) who held office immediately before the commencement of this subsection continue in office until they are reappointed or until their successors are appointed in accordance with this section.
3(1.2)The change in name of the Commission does not affect the rights and obligations of the Commission and all proceedings that might have been continued or commenced by or against the Commission under its former name may be continued or commenced by or against the Commission under its new name.
3(1.3)Any reference to the New Brunswick Crop Insurance Commission in any other regulation or in any Act, rule, order, by-law, agreement or other instrument or document shall be read as a reference to the New Brunswick Agricultural Insurance Commission unless the context otherwise requires.
3(1.4)Any order, rule, by-law, resolution, decision, direction, determination or agreement made by the New Brunswick Crop Insurance Commission shall be deemed to have been made by the New Brunswick Agricultural Insurance Commission and continues in force unless any succeeding order, rule, by-law, resolution, decision, direction, determination or agreement otherwise directs.
(c) in subsection (7) of the French version by striking out “un corps constitué” and substituting “une personne morale”;
(d) in subsection (8) of the French version by striking out “Ministre” and substituting “ministre”;
(e) in subsection (9) of the French version by striking out “Ministre” and substituting “ministre”.
5Section 4 of the Regulation is amended
(a) in the portion preceding paragraph (a) by striking out “crop insurance on insurable crops” and substituting “agricultural insurance on insurable agricultural products”;
(b) in paragraph (b) by striking out “crop insurance” and substituting “agricultural insurance”;
(c) in paragraph (c) by striking out “crop” and substituting “agricultural product”.
6Section 5 of the Regulation is amended
(a) in subsection (1) by striking out “crop insurance” and substituting “agricultural insurance”;
(b) in subsection (2)
(i) in the portion preceding paragraph (a) by striking out “crop insurance” and substituting “agricultural insurance”;
(ii) in paragraph (c) by striking out “crop insurance” and substituting “agricultural insurance”.
7Paragraph 6(1)(a) of the Regulation is amended by striking out “crop insurance” and substituting “agricultural insurance”.
8Section 10 of the Regulation is amended
(a) by renumbering the section as subsection 10(1);
(b) in subsection (1) by striking out “and shall make a decision on the matter as soon as possible”;
(c) by adding after subsection (1) the following:
10(2)The arbitrator shall, within 90 days after he or she hears the evidence given by or on behalf of the parties respecting the matter in dispute, make a decision on the matter and notify the parties in writing of his or her decision.
9This Regulation comes into force on April 1, 2009.