BILL 8
An Act to Amend the
Crop Insurance Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1(1) The
title of the Crop Insurance Act, chapter C-35 of the Revised Statutes,
1973, is repealed and the following is substituted:
Agricultural Insurance
Act
1(2) If in any Act, other than this Act, or
in any regulation, rule, order, by-law, agreement or other instrument
or document, reference is made to the Crop Insurance Act, it shall
be read, unless the context otherwise requires, as a reference to
the Agricultural Insurance Act.
2 Section
0.1 of the Act is repealed and the following is substituted:
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)
3 Section
1 of the Act is amended by striking out “crop insurance”
and substituting “agricultural
insurance”.
4 Section 2 of the Act is repealed and the following is substituted:
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.
5 Section
2.2 of the Act is amended
(a) by repealing
subsection (1) and substituting the following:
Agricultural insurance plans
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.
(b) in subsection
(3) by striking out “insurable crops” and substituting “insurable agricultural products”;
(c) by repealing
subsection (4) and substituting the following:
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.
(d) in subsection
(5) of the French version by striking out “le corps constitué”
and substituting “la
personne morale”;
(e) in subsection
(6) of the French version by striking out “le corps constitué”
and substituting “la
personne morale”;
(f) in subsection
(7) of the French version by striking out “Le corps constitué”
and substituting “La
personne morale”;
(g) in subsection
(9) of the French version by striking out “du corps constitué”
and substituting “de
la personne morale”;
(h) in subsection
(11) in the portion preceding paragraph a) of the French version by
striking out “le corps constitué” and substituting “la personne morale”.
6 Section
2.3 of the French version of the Act is amended by striking out “Le
corps constitué” and substituting “La personne morale”.
7 Section
5 of the Act is repealed and the following is substituted:
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.
COMMENCEMENT
8 This
Act or any provision of it comes into force on a day or days to be
fixed by proclamation.
Chapter Outline Update
3
Strike out section 1 and substitute the
following:
Agricultural Insurance Agreement1