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Canada Production Insurance Regulations (SOR/2005-62)

Regulations are current to 2021-05-04 and last amended on 2018-06-12. Previous Versions

Wildlife Compensation

[SOR/2018-118, s. 13(F)]

Marginal note:Federal contribution

  •  (1) A production insurance agreement shall provide that Canada may contribute to wildlife compensation for

    • (a) damage or injury to an eligible agricultural product caused by wildlife, which may include eligible costs related to repair, replacement or medical treatment of the agricultural product; and

    • (b) the repair or replacement of eligible structures that are vital to the production of the agricultural product that have been damaged by wildlife.

  • Marginal note:Details to be in the agreement

    (2) For the purpose of subsection (1), all eligible agricultural products, structures that are vital to the production of the agricultural products, costs and other conditions for payment shall be provided for in the agreement.

  • SOR/2018-118, s. 13(F)

Marginal note:Value of damage or injury

  •  (1) For the purpose of paragraph 19(1)(a), a production insurance agreement shall provide that the value of damage or injury to an eligible agricultural product caused by wildlife shall be determined by subtracting the value of the agricultural product that is produced after the damage or injury occurred from the value of the agricultural product that, based on an inspection of the damage or injury, it is estimated would have been produced before the occurrence of the damage or injury.

  • Marginal note:Damage to structure

    (2) For the purpose of paragraph 19(1)(b), a production insurance agreement shall provide that the value of the damage to an eligible structure caused by wildlife shall be determined as being the cost to have the structure repaired or replaced.

Marginal note:Limit on payments

  •  (1) A production insurance agreement shall provide that the amount of wildlife compensation paid to a producer for damage or injury to an eligible agricultural product or structure may not exceed 80% of the value of the damage or injury.

  • Marginal note:Determination of value

    (2) For the purpose of subsection (1), the agreement shall provide for the manner of determining the value of the eligible agricultural product.

  • SOR/2018-118, s. 14(F)

Marginal note:No double compensation

 A production insurance agreement shall provide loss adjustment and payment processes to ensure that damage or injury is paid for only once if damage or injury to an agricultural product caused by wildlife is eligible for payments both under an insurance plan and as wildlife compensation.

  • SOR/2018-118, s. 15(F)

Payments by Canada

Marginal note:Negligence in program administration

 A production insurance agreement shall provide that no contribution shall be made by the federal government to premiums, wildlife compensation costs for eligible agricultural products, and related administrative expenses that are a consequence of negligence, including wrongful dismissal of personnel, in the administration of the insurance program.

  • SOR/2018-118, s. 16

Marginal note:Breach of agreement

 A production insurance agreement shall provide that, if there is a failure by the province to comply with a requirement of these Regulations, other than a requirement to which subsection 7(3), 9(3), 11(3), 14(3) or 18(3) applies, the Minister may withhold payment of that portion of the contributions under the agreement that relates to the non-compliance until the situation is rectified.

  • SOR/2018-118, s. 20(E)

Marginal note:Cumulative limitation of payments

 The cumulative effect of the limitation of payments provided for in subsections 7(2), 9(2), 11(2), 14(2) and 18(2) and section 24 shall not exceed 25% of the amount otherwise payable by Canada toward premium payments under an agreement for each year.

Records and Information

Marginal note:Documentation

 A production insurance agreement shall provide that the province shall maintain, and shall provide to the Minister when requested to do so, any documentation related to

  • (a) the establishment of the amounts of the protection for producers;

  • (b) the procedures and measures used to determine production losses, quality losses and losses that are covered by insurance plans that are not based on yield, including those losses associated with risk-splitting and wildlife compensation; and

  • (c) the administrative procedures required to carry out the administration of an insurance plan or wildlife compensation.

  • SOR/2018-118, ss. 17(F), 20(E)

Marginal note:Insurance plan records

 A production insurance agreement shall provide that the province shall keep records in relation to the following items in respect of an insurance plan:

  • (a) producer identification, agricultural product identification, risk-splitting benefits and elements of insurance plan identification, year, distinguishable groups of producers, risk area, area insured or exposure unit, probable yield per area, actual yield per seeded area or production per seeded area, value of production per agricultural product, coverage level, unit value, unit value net of non-incurred cost if the cost of production method is used, unit value of risk-splitting benefits, elements of the insurance plan, percentage premium rate, total premiums paid, premium discount or surcharge levels, risk-splitting benefits and elements of the insurance plan loss percentage and level of protection; and

  • (b) the number of claims for indemnity, summaries of agricultural product losses or of the number of exposure units indicating the nature and extent of loss and the number and amount of indemnity payments paid, according to agricultural products or exposure units, risk-splitting benefits and elements of the insurance plan and insurance areas.

  • SOR/2018-118, s. 20(E)

Marginal note:Wildlife compensation records

 If a production insurance agreement includes wildlife compensation, the agreement shall provide that the province shall keep records on the amount of production and value of losses, the number of producers paid, the extent of damage incurred by the agricultural product or area and the value of any structural damage caused by wildlife for which payments are made.

  • SOR/2018-118, s. 18

Marginal note:Reports and information

  •  (1) A production insurance agreement shall provide that the province shall provide the Minister with the following reports and information:

    • (a) an annual report on the administration of the insurance program, including wildlife compensation, if applicable, that sets out the audited financial statements, including

      • (i) information on the status of the provincial production insurance reserve and provincial production reinsurance funds, if applicable, and

      • (ii) current information by agricultural product, including the number of insurance contracts written, the amount of insurance in force, the number of exposure units or the area insured, the number of producers insured, the amount of premiums collected and the number and total amount of indemnities paid for that year;

    • (b) a quarterly report estimating, by agricultural product, the number of insurance contracts written, the amount of insurance in force, the amount of premiums paid, the number of exposure units or the area insured, the number of claims paid and the amount of indemnities paid;

    • (c) a quarterly report estimating, by agricultural product, the number of claims for indemnity and the amount of indemnities paid for wildlife compensation; and

    • (d) reports and information for the insurance plans, and wildlife compensation, if applicable, requested by Canada for the purpose of auditing, evaluating and forecasting Canada’s future financial commitments and to ensure adequate linkages between insurance programs and other business risk management programs.

  • Marginal note:Agreement to specify data

    (2) For the purpose of paragraph (1)(d), the agreement shall provide for the specific data to be provided.

  • Marginal note:Protection of personal information

    (3) The requirement to provide information under subsection (1) is subject to the province’s privacy legislation.

  • SOR/2018-118, ss. 19, 20(E)

Repeal

Marginal note:Regulations repealed

 [Repeal]

Application and Coming into Force

Marginal note:Application

  •  (1) Sections 2 to 29 apply in respect of payments by Canada on or after the day on which these Regulations come into force in respect of losses that occur after March 31, 2004.

  • Marginal note:Coming into force

    (2) These Regulations come into force on the day on which they are registered.

 
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