Definitions

1In this regulation:

"Act" means the Insurance for Crops Act;

"contract of insurance" means a contract of insurance between the insurer and an insured farmer that is made under the authority of this regulation;

"crop" means

(a)a crop of berries, forage, grain and oilseeds, grapes, honey, tree fruit or vegetables, or

(b)a crop that is approved by the insurer for insurance coverage;

"crop year" means the period specified in a contract of insurance during which insurance coverage in respect of a crop or plants is effective;

"farm" means land managed by one farmer as one operation;

"farmer" means a person engaged in the business of growing a crop or plants on a farm;

"government" means the government of British Columbia;

"insured farmer" means a farmer who makes a contract of insurance with the insurer;

"insurer" means the government;

"loss" means a loss that is covered by the terms of a contract of insurance;

"plants" means

(a)plants that are used to grow grapes, forage, strawberries or tree fruit, or

(b)plants that are approved by the insurer for insurance coverage.

[am. B.C. Reg. 131/2005, s. (a).]

Application of this regulation

2This regulation applies to insurance coverage to indemnify an insured farmer in accordance with a contract of insurance that provides coverage, in areas approved by the insurer,

(a)for loss to crops or plants or both, or

(b)for loss because of the inability to seed due to excess ground moisture.

Administration

3(1)  The minister must perform, or cause to be performed, all of the administrative and other duties associated with the effective implementation of this regulation on behalf of the insurer.

(2)  The minister has all of the powers of the insurer and a reference to the insurer in this regulation, or in a contract of insurance, includes a reference to the minister.

Approval of the insurer required

4(1)  The insurer has the exclusive right to decide who is insurable, what crops or plants are insurable and who is entitled to credit terms.

(2)  The insurer is not required to offer insurance under this regulation unless, in the opinion of the insurer, the number of persons seeking insurance for crops or plants in a particular locality justifies the offering of contracts of insurance.

Application for insurance

5(1)  An application for insurance under this regulation must be made in the form specified by the minister.

(2)  An applicant who seeks to participate in a scheme of insurance coverage under this regulation must, with respect to the first crop year that the applicant participates in the scheme, deliver to a local Agricultural Risk Management office a signed application for insurance at the following times:

(a)in the case of plants used to grow tree fruit,

(i)before November 1 during the 1995 calendar year, and

(ii)before September 1 during the 1996 and subsequent calendar years;

(b)in the case of a crop of berries (other than a crop of strawberries) or plants used to grow strawberries, before November 1;

(c)in the case of a crop of forage or plants used to grow forage, before November 1, but, if a farmer does not apply by that date, application may be made before May 1 of the following crop year in respect of forage seeded in that crop year;

(d)in the case of a crop of grapes or tree fruit, or plants used to grow grapes, before November 1;

(e)in the case of a crop of grain and oilseeds or vegetables, before April 1;

(f)in the case of a crop of strawberries, before April 1;

(g)in the case of a crop of honey, before April 15;

(h)in the case of a crop or plants not otherwise provided for under paragraphs (a) to (g), before a date specified by the minister for that crop or those plants.

(3)  Despite subsection (2), the minister may, with respect to any crop or plants, extend a time under that subsection.

Premiums

6(1)  The premium for each crop year must be determined by the insurer in accordance with the insurer's assessment of the risk.

(2)  An insured farmer must pay the premium due at the times and in accordance with the contract of insurance under which it is charged.

Minimum premium requirement

7(1)  The contract of insurance may specify a minimum premium for insurance coverage, or a minimum crop acreage for insurance coverage, or both.

(2)  If coverage is available for the plants used to produce a crop and a farmer applies for that coverage, the premium for coverage to plants must be included with the premium for the crop for the purpose of satisfying the minimum premium requirement of subsection (1).

Essential terms of a contract of insurance

8(1)  Each contract of insurance must include terms with respect to all of the following:

(a)the type of crop and plants for which coverage is provided, and the location where the crop and plants are produced;

(b)the perils and loss coverage for the crop and plants covered by the contract of insurance;

(c)the exclusions from coverage, if any;

(d)adjustment of loss;

(e)the crop year for the crop and plants covered by the contract of insurance;

(f)the annual premium in respect of each crop and plant covered by the contract of insurance, and the conditions of payment;

(g)indemnity calculations and payment;

(h)a provision for the settlement of contractual disputes by arbitration.

(2)  If there is an agreement between the government and Canada respecting crop insurance in British Columbia, a contract of insurance made under that agreement must not contain provisions that are incompatible with that agreement.

Repealed

9 and 10Repealed. [B.C. Reg. 131/2005, s. (b).]