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A-5.105
- Agricultural Insurance Act
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Regulation
0
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Repealed on 1 March 2013
CHAPTER A-5.105
Agricultural Insurance Act
2008, c.46, s.1
Repealed: R.S.N.B. 2012, Schedule A
Definitions
0.1
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 the corporate body referred to in section 2.
(personne morale)
1995, c.15, s.1; 2008, c.46, s.2
Agricultural Insurance Agreement
1
The Minister of Agriculture, Aquaculture and Fisheries, for and on behalf of Her Majesty in right of the Province, may, when authorized to do so by the Lieutenant-Governor in Council, enter into, execute and carry out an agreement or agreements respecting agricultural insurance in the Province with Her Majesty in right of Canada as represented by the Minister of Agriculture for Canada to the extent approved by and in accordance with the terms and conditions, if any, prescribed by the Lieutenant-Governor in Council.
1966, c.5, s.1; 1967, c.38, s.2; 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
Regulations
2
For the purpose of carrying into effect the provisions of this Act according to their true intent, the Lieutenant-Governor in Council may make such regulations as he considers necessary or advisable, and without restricting the generality of the foregoing may make 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 0.1;
(
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 or funds, the use that may be made of such fund or funds and the investment of such fund or funds;
(
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.
1966, c.5, s.2; 1995, c.15, s.2; 2008, c.46, s.4
Regulations under section 2 may be retroactive
2.1
A regulation under section 2 may be retroactive to any date, including a date before the commencement of this section.
1995, c.15, s.3
Agricultural insurance plans
2008, c.46, s.5
2.2
(1)
The corporate body may make plans respecting agricultural insurance, including, without limiting the generality of the foregoing,
(
a
)
respecting the terms and conditions of agricultural insurance;
(
b
)
respecting the losses to be provided for;
(
c
)
respecting the designation of any agricultural product as an insurable agricultural product;
(
d
)
respecting the designation of perils;
(
e
)
respecting the designation of persons eligible for agricultural insurance;
(
f
)
respecting the application or enrolment for agricultural insurance;
(
g
)
respecting the determination of coverage and value;
(
h
)
respecting the determination of probable yields;
(
i
)
respecting the determination of premium rates and the payment and collection of premiums;
(
j
)
respecting the information, statements and reports to be furnished by applicants for agricultural insurance and insured persons;
(
k
)
respecting the termination of participation by the insured person;
(
l
)
respecting the forfeiture of rights under an agricultural insurance plan;
(
m
)
respecting the making of arrangements, contracts, policies and agreements;
(
n
)
respecting forms.
2.2
(2)
Participation in a plan under subsection (1) is voluntary.
2.2
(3)
A plan under subsection (1) may apply to one or more insurable agricultural products and the plan or any provision of it may apply to all of the Province or to any area within the Province.
2.2
(4)
The granting of agricultural insurance under a plan under subsection (1) is in the discretion of the corporate body and no person shall have agricultural insurance coverage until the person’s application has been accepted by the corporate body.
2.2
(5)
For the purposes of paragraph (1)(i), the corporate body shall determine probable yields in accordance with a methodology certified in writing by an actuary.
2.2
(6)
For the purposes of paragraph (1)(j), the corporate body shall determine premium rates in accordance with a methodology certified in writing by an actuary.
2.2
(7)
The corporate body may amend or revoke any plan or any provision of a plan under subsection (1).
2.2
(8)
The
Regulations Act
does not apply to a plan under subsection (1) or an amendment or revocation under subsection (7).
2.2
(9)
The
Regulations Act
does not apply to any arrangement, contract, policy or agreement of the corporate body.
2.2
(10)
A plan under subsection (1) or an amendment to or revocation of a plan under subsection (7) shall be published in
The Royal Gazette
but failure to make such publication does not affect the validity of the plan or the amendment to or revocation of the plan.
2.2
(11)
A plan under subsection (1) or an amendment to or revocation of a plan under subsection (7) 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
2.3
The corporate body may make such by-laws as may be necessary for its operation and the
Regulations Act
does not apply to such by-laws.
1995, c.15, s.3; 2008, c.46, s.6
Audit by Auditor General
3
The Auditor General shall from time to time, and at least once a year, audit the books and accounts of the corporate body established pursuant to section 2.
1966, c.5, s.3; 1982, c.3, s.12
Payment by Province of New Brunswick
4
In the absence of a special vote of the Legislature, the expenses incurred and any money that Her Majesty 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 upon and paid out of the Consolidated Fund.
1966, c.5, s.4
Insurance Act
not applicable
5
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
N.B.
This Act is consolidated to March 1, 2013.
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