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Acts and Regulations
2012, c.100
- Agricultural Insurance Act
Table of contents
Regulation
1
Chapter
Title
95-122
General
Full text
Current to 1 January 2024
2012, c.100
Agricultural Insurance Act
Deposited December 13, 2012
Definitions
1
The following definitions apply in this Act.
“agricultural insurance”
means insurance against one or more of the following losses:
(assurance agricole)
(
a
)
loss of production of designated agricultural products from designated perils;
(
b
)
loss arising when seeding or planting is prevented by designated perils;
(
c
)
loss of designated agricultural products from designated perils;
(
d
)
loss of revenue of designated agricultural products from designated perils; or
(
e
)
any loss prescribed by regulation.
“corporate body”
means a corporate body referred to in section 8.
(personne morale)
1995, c.15, s.1; 2008, c.46, s.2
Agricultural insurance agreement
2
The Minister of Agriculture, Aquaculture and Fisheries, for and on behalf of the Crown in right of the Province, with the authorization of the Lieutenant-Governor in Council, may enter into, execute and carry out an agreement respecting agricultural insurance in the Province with the Crown in right of Canada as represented by the Minister of Agriculture and Agri-Food for Canada, to the extent that the Lieutenant-Governor in Council approves of the agreement and it is in accordance with the terms and conditions, if any, that the Lieutenant-Governor in Council prescribes.
R.S.1973, c.C-35, s.1; 1986, c.8, s.25; 1996, c.25, s.6; 2000, c.26, s.81; 2007, c.10, s.22; 2008, c.46, s.3; 2010, c.31, s.9; 2017, c.63, s.9; 2019, c.2, s.9; 2023, c.17, s.3
Agricultural insurance plans
3
(1)
The corporate body may make plans respecting agricultural insurance, including but not limited to plans respecting the following:
(
a
)
the terms and conditions of agricultural insurance;
(
b
)
the losses to be provided for;
(
c
)
the designation of an agricultural product as an insurable agricultural product;
(
d
)
the designation of perils;
(
e
)
the designation of persons eligible for agricultural insurance;
(
f
)
the application or enrolment for agricultural insurance;
(
g
)
the determination of coverage and value;
(
h
)
the determination of probable yields;
(
i
)
the determination of premium rates and the payment and collection of premiums;
(
j
)
the information, statements and reports to be furnished by applicants for agricultural insurance and insured persons;
(
k
)
the termination of participation by the insured person;
(
l
)
the forfeiture of rights under an agricultural insurance plan;
(
m
)
the making of arrangements, contracts, policies and agreements; and
(
n
)
forms.
3
(2)
Participation in a plan under subsection (1) is voluntary.
3
(3)
A plan under subsection (1) may apply to one or more insurable agricultural products and the plan or a provision of it may apply to the whole Province or to an area within it.
3
(4)
The corporate body has the discretion to grant agricultural insurance under a plan under subsection (1).
3
(5)
No person shall have agricultural insurance coverage until the corporate body accepts the person’s application.
3
(6)
For the purposes of paragraph (1)(
h
), the corporate body shall determine probable yields in accordance with a methodology certified in writing by an actuary.
3
(7)
For the purposes of paragraph (1)(
i
), the corporate body shall determine premium rates in accordance with a methodology certified in writing by an actuary.
3
(8)
The corporate body may amend or revoke a plan or a provision of a plan under subsection (1).
3
(9)
The
Regulations Act
does not apply to a plan under subsection (1) or an amendment or revocation under subsection (8).
3
(10)
The
Regulations Act
does not apply to an arrangement, contract, policy or agreement of the corporate body.
3
(11)
A plan under subsection (1), or an amendment to or revocation of a plan under subsection (8), shall be published in
The Royal Gazette
but failure to publish does not affect the validity of the plan or the amendment to or revocation of the plan.
3
(12)
A plan under subsection (1), or an amendment to or revocation of a plan under subsection (8), comes into force on the date that it is made by the corporate body unless
(
a
)
an earlier date, including a date before the commencement of this section, is specified in the plan or the amendment to or revocation of the plan, or
(
b
)
a later date is specified in the plan or the amendment to or revocation of the plan.
1995, c.15, s.3; 2008, c.46, s.5
Regulations Act
not applicable to by-laws
4
The corporate body may make the by-laws that are necessary for its operation, and the
Regulations Act
does not apply to the by-laws.
1995, c.15, s.3; 2008, c.46, s.6
Audit by Auditor General
5
At least once a year, the Auditor General shall audit the books and accounts of the corporate body.
R.S.1973, c.C-35, s.3; 1982, c.3, s.12
Payment by Province
6
In the absence of a special vote of the Legislature, the expenses incurred and any money that the Crown in right of the Province becomes liable to pay in carrying out the terms of an agreement entered into under this Act shall be a charge on and paid out of the Consolidated Fund.
R.S.1973, c.C-35, s.4
Insurance Act
not applicable
7
The corporate body is not an insurer under the
Insurance Act
, and the
Insurance Act
does not apply to agricultural insurance under this Act or any matter or thing done under this Act.
1995, c.15, s.4; 2008, c.46, s.7
Regulations
8
The Lieutenant-Governor in Council may make the regulations that the Lieutenant-Governor in Council considers necessary or advisable for the purpose of carrying into effect the provisions of this Act according to their true intent, including but not limited to regulations
(
a
)
respecting the administration of a scheme of agricultural insurance in the Province;
(
b
)
prescribing losses for the purposes of the definition “agricultural insurance” in section 1;
(
c
)
respecting the establishment, continuation and organization of a corporate body;
(
d
)
respecting membership of the corporate body referred to in paragraph (
c
), including number and appointment of members, tenure of members, vacancies in membership and payment of remuneration and expenses of members;
(
e
)
respecting staff of the corporate body referred to in paragraph (
c
);
(
f
)
respecting the management and administration of the corporate body referred to in paragraph (
c
);
(
g
)
respecting the conduct of business by the corporate body referred to in paragraph (
c
);
(
h
)
respecting the powers and duties of the corporate body referred to in paragraph (
c
);
(
i
)
respecting the establishment of an agricultural insurance fund, the use that may be made of the fund and the investment of the fund;
(
j
)
respecting arbitration of disputes, including the payment of remuneration and expenses for the arbitration of a dispute;
(
k
)
defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(
l
)
prescribing penalties for contravention of the regulations; and
(
m
)
respecting any other matter necessary for the administration and management of a scheme of agricultural insurance in the Province.
R.S.1973, c.C-35, s.2; 1995, c.15, s.2; 2008, c.46, s.4
Regulations may be retroactive
9
A regulation under section 8 may be retroactive to any date, including a date before the commencement of this section.
1995, c.15, s.3
N.B.
This Act was proclaimed and came into force March 1, 2013.
N.B.
This Act is consolidated to June 16, 2023.
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