Acts and Regulations

95-122 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 95-122
under the
Agricultural Insurance Act
(O.C. 95-825)
Filed August 14, 1995
Under section 8 of the Agricultural Insurance Act, the Lieutenant-Governor in Council makes the following Regulation:
2009-19; 2018-38
1This Regulation may be cited as the General Regulation - Agricultural Insurance Act.
2009-19
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, Aquaculture and Fisheries.(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)
2000, c.26, s.88; 2007, c.10, s.23; 2009-19; 2010, c.31, s.10; 2017, c.63, s.10; 2019, c.2, s.10
3(1)The New Brunswick Crop Insurance Commission is continued under the name New Brunswick Agricultural Insurance Commission.
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.
3(2)The Commission is composed of seven members appointed by the Lieutenant-Governor in Council, one of whom shall be appointed as Chairperson and one as Vice-Chairperson.
3(3)Every member of the Commission holds office for a term not exceeding three years.
3(4)Every member of the Commission is eligible for reappointment to the Commission.
3(5)If there is a vacancy on the Commission because a member is unable to act due to illness, absence or any other cause, the Lieutenant-Governor in Council may appoint a person to fill the vacancy and the person shall act in the place of the member who is unable to act for the unexpired portion of the member’s term.
3(6)Four members of the Commission constitute a quorum if the Chairperson or Vice-Chairperson is present.
3(7)The Commission is a body corporate and has the capacity and powers of a corporation under the Business Corporations Act.
3(8)The Commission is responsible to the Minister.
3(9)The Minister may appoint, in accordance with the Civil Service Act, a general manager of the Commission and such other staff of the Commission as he or she considers necessary.
3(10)The general manager is the chief executive officer of the Commission and shall perform such duties and functions as the Commission may direct.
3(11)The Chairperson, Vice-Chairperson and members of the Commission shall be paid such remuneration and expenses as are set by the Lieutenant-Governor in Council.
2009-19; 2023, c.2, s.159
4Subject to the Act and the plans, the Commission may undertake and transact agricultural insurance on insurable agricultural products in the Province and for that purpose and without restricting the generality of the foregoing, has the power
(a) to administer plans,
(b) to conduct surveys and research programs relating to agricultural insurance,
(c) to evaluate and determine agricultural product losses and pay claims under any plan,
(d) to enter into agreements with or retain persons for the soliciting and receiving of applications for insurance, the collecting of premiums and the adjusting of claims under plans for and on behalf of the Commission and the doing of such other things on its behalf as the Commission considers necessary, and
(e) to re-insure with any insurer the risk or any portion of the risk under a contract.
2009-19
5(1)All premiums received in respect of a policy, including the contribution by the Government of Canada under the Farm Income Protection Act (Canada) and by the Province under the Act, shall be paid into an agricultural insurance fund or funds for the payment of indemnities and the fund or funds shall be deemed to be part of the Consolidated Fund.
5(2)No money from the agricultural insurance fund or funds shall be paid out except for the following purposes:
(a) the payment of indemnities;
(b) the repayment to the Province or Canada of any amounts paid or advanced by the Province or Canada, out of funds not derived from the premium receipts, in payment of indemnities under policies; and
(c) the reinsurance of the liabilities of the Province under a reinsurance agreement, and the reinsurance by the Province in any other manner of any portion of its liabilities under the scheme of agricultural insurance that is not covered by a reinsurance agreement.
2009-19
6(1)The Lieutenant-Governor in Council shall appoint an arbitrator to hear and determine all disputes
(a) between the Commission and an applicant for agricultural insurance regarding denial of eligibility, and
(b) between the Commission and an insured person regarding the adjustment of a loss or forfeiture of rights under a policy.
6(2)An arbitrator shall be paid such remuneration and expenses as are determined by the Lieutenant-Governor in Council.
2009-19
7The provisions of the Arbitration Act apply to the hearing and determination of a dispute referred to in subsection 6(1) in so far as they are applicable but where there is a conflict between this Regulation and such provisions, this Regulation prevails.
8(1)An applicant or an insured person who wishes to have the arbitrator hear and determine a dispute referred to in subsection 6(1) shall, within ninety days after the Commission has notified the applicant or the insured person of its final decision, serve an application for arbitration on the arbitrator on a form provided by the Commission and shall serve a copy of the application on the Commission.
8(2)An application shall be sufficiently served if it is delivered personally or sent by prepaid registered or certified mail.
9Where an application for arbitration has been served, the arbitrator shall fix the day on which and the time and place at which he or she will consider the matter in dispute and hear the parties and shall notify the parties accordingly.
10(1)On the day and at the time and place fixed under section 9, or on any subsequent day and at any time and place of which the parties have had due notice, the arbitrator shall hear the evidence given by or on behalf of the parties respecting the matter in dispute.
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.
2009-19
11The decision of the arbitrator on an application for arbitration of a dispute referred to in subsection 6(1) is final.
12Where the arbitrator awards an insured person an indemnity, the Commission shall pay to the insured person
(a) the indemnity after deducting the amount of any premium or other sum that may be owing by the insured person to the Commission, and
(b) an amount of interest calculated
(i) on the sum referred to in paragraph (a),
(ii) at the Bank of Canada annual interest rate on the day on which the arbitrator received the application for arbitration, and
(iii) for the time period from the day on which the arbitrator received the application for arbitration to the day on which the decision of the arbitrator was received by the Commission.
13(1)The New Brunswick Crop Insurance Arbitration Board is terminated.
13(2)All appointments to the New Brunswick Crop Insurance Arbitration Board are revoked.
13(3)Any dispute before the New Brunswick Crop Insurance Arbitration Board before the commencement of this section shall be continued before the arbitrator appointed under section 6 and the arbitrator is not bound by any decision of the New Brunswick Crop Insurance Arbitration Board with respect to a matter continued before him or her.
13(4)Any documentation, information, files or records of the New Brunswick Crop Insurance Arbitration Board relevant to a dispute referred to in subsection (3) become the documentation, information, files and records of the arbitrator.
14New Brunswick Regulation 83-29 under the Crop Insurance Act is repealed.
15This Regulation comes into force on September 1, 1995.
N.B. This Regulation is consolidated to June 16, 2023.