Crop Insurance Act (Ontario), 1996, S.O. 1996, c. 17, Sched. C

 

Crop Insurance Act (Ontario), 1996

S.O. 1996, Chapter 17
Schedule C

Historical version for the period October 25, 2010 to June 30, 2014.

Last amendment:  2010, c. 16, Sched. 1, s. 1.

CONTENTS

 

Definitions

1. In this Act,

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, section 1 is amended by adding the following definition:

“AgriCorp” means the corporation established in section 1 of the AgriCorp Act, 1996; (“AgriCorp”)

See: 2010, c. 16, Sched. 1, ss. 1 (1), 10 (2).

“contract of insurance” means a contract between an insured person and AgriCorp for the insurance of agricultural crops or perennial plants within Ontario; (“contrat d’assurance”)

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, the definition of “contract of insurance” is repealed and the following substituted:

“contract of insurance” means a contract of insurance between one or more persons and AgriCorp for the insurance of agricultural crops or perennial plants within Ontario; (“contrat d’assurance”)

See: 2010, c. 16, Sched. 1, ss. 1 (2), 10 (2).

“insured person” means a person who has entered into a contract of insurance with AgriCorp; (“assuré”)

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, section 1 is amended by adding the following definition:

“Minister” means the Minister of Agriculture, Food and Rural Affairs or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

See: 2010, c. 16, Sched. 1, ss. 1 (3), 10 (2).

“Tribunal” means the Agriculture, Food and Rural Affairs Appeal Tribunal continued under the Ministry of Agriculture, Food and Rural Affairs Act. (“Tribunal”)  1996, c. 17, Sched. C, s. 1; 1999, c. 12, Sched. A, s. 7 (1).

Contracts of Insurance

Non-application of Insurance Act

2. The Insurance Act does not apply to anything done under this Act.  1996, c. 17, Sched. C, s. 2.

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section:

Authority to offer new programs of insurance

2.1 (1) AgriCorp may offer new programs of insurance for agricultural crops and perennial plants in respect of which it did not previously provide insurance only if it receives a written request to do so from the Minister.  2010, c. 16, Sched. 1, s. 1 (4).

Compliance with request

(2) Upon receipt of a written request from the Minister that it offer a new program of insurance in respect of a particular agricultural crop or perennial plant, AgriCorp shall comply forthwith.  2010, c. 16, Sched. 1, s. 1 (4).

Obligation to continue insurance

(3) AgriCorp shall continue to provide contracts of insurance with respect to a particular agricultural crop or perennial plant until it receives a written request to cease doing so from the Minister.  2010, c. 16, Sched. 1, s. 1 (4).

Withdrawal of insurance

(4) Upon receipt of a written request from the Minister that it cease to provide contracts of insurance in respect of a particular agricultural crop or perennial plant, AgriCorp shall forthwith,

(a) cease offering any new contracts of insurance with respect to the agricultural crop or perennial plant;

(b) terminate any contract of insurance specific to that agricultural crop or perennial plant; and

(c) amend any contract of insurance that relates to more than one agricultural crop or perennial plant to comply with the Minister’s request.  2010, c. 16, Sched. 1, s. 1 (4).

See: 2010, c. 16, Sched. 1, ss. 1 (4), 10 (2).

Agreements with Canada

3. (1) The Minister of Agriculture, Food and Rural Affairs may, with the approval of Management Board of Cabinet, enter into agreements with the Government of Canada for the purpose of the Farm Income Protection Act (Canada).  1996, c. 17, Sched. C, s. 3 (1).

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out “The Minister of Agriculture, Food and Rural Affairs” at the beginning and substituting “The Minister”.  See: 2010, c. 16, Sched. 1, ss. 1 (5), 10 (2).

Retroactivity

(2) An agreement mentioned in subsection (1) may provide that it is to come into effect, in whole or in part, before the date on which it is signed.  1996, c. 17, Sched. C, s. 3 (2).

Precondition

(3) AgriCorp may not enter into a contract of insurance in respect of an agricultural crop or perennial plant unless the Minister of Agriculture, Food and Rural Affairs has entered into an agreement mentioned in subsection (1) in respect of the crop or the plant, as the case may be.  1996, c. 17, Sched. C, s. 3 (3).

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, subsection (3) is repealed.  See: 2010, c. 16, Sched. 1, ss. 1 (6), 10 (2).

Minister’s request

4. If the Minister of Agriculture, Food and Rural Affairs has entered into an agreement mentioned in subsection 3 (1) in respect of an agricultural crop or perennial plant and in writing requests AgriCorp to do so, AgriCorp shall forthwith,

(a) offer to enter into contracts of insurance in respect of the crop or the plant, as the case may be; or

(b) amend or terminate contracts of insurance or proposed contracts of insurance in respect of the crop or the plant, as the case may be.  1996, c. 17, Sched. C, s. 4.

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, section 4 is repealed.  See: 2010, c. 16, Sched. 1, ss. 1 (7), 10 (2).

Contracts of insurance

5. (1) AgriCorp shall fix the terms of contracts of insurance, or proposed contracts of insurance, subject to section 4 and the regulations made under section 12.  1996, c. 17, Sched. C, s. 5 (1).

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out “subject to section 4” and substituting “subject to section 2.1”.  See: 2010, c. 16, Sched. 1, ss. 1 (8), 10 (2).

Powers of AgriCorp

(2) AgriCorp has all the powers necessary to perform its duties including the power to,

(a) determine the qualifications and requirements for a person to enter into a contract of insurance;

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, clause (a) is amended by adding “including determining whether a person has an insurable interest in an agricultural crop or perennial plant” at the end.  See: 2010, c. 16, Sched. 1, ss. 1 (9), 10 (2).

(b) enter into contracts of insurance;

(c) fix terms of contracts of insurance relating to replanting benefits and unplanted acreage benefits;

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, clause (c) is repealed and the following substituted:

(c) fix terms of contracts of insurance relating to replanting benefits, unplanted acreage benefits, salvage benefits, by-pass acreage benefits or any other benefit;

See: 2010, c. 16, Sched. 1, ss. 1 (10), 10 (2).

(d) fix premium rates payable by insured persons;

(e) fix the duration of contracts of insurance;

(f) specify the circumstances in which an insured person may terminate a contract of insurance and the methods that the person may use to terminate the contract;

(g) specify penalties imposed on an insured person who breaches the terms of a contract of insurance;

(h) reinsure with any other insurer the risk or any portion of the risk under its contracts of insurance; and

(i) terminate a contract of insurance on the terms that it considers appropriate.  1996, c. 17, Sched. C, s. 5 (2).

Deemed acceptance

(3) An applicant for a contract of insurance or an insured person who receives notice from AgriCorp of the terms of a contract of insurance or amendments to the terms, as the case may be, shall be deemed to have accepted them unless the recipient notifies AgriCorp to the contrary within the time period that AgriCorp specifies.  1996, c. 17, Sched. C, s. 5 (3).

Restriction

(4) AgriCorp shall not enter into a contract of insurance with a person to insure an agricultural crop or a type of perennial plant if,

(a) the contract insures less than the entire crop or all the plants of the type of perennial plant, as the case may be, in respect of which the person could enter into a contract of insurance under this Act; or

(b) a contract of insurance is already in effect to insure the crop or the type of perennial plant, as the case may be, in which the person has an interest.  1996, c. 17, Sched. C, s. 5 (4).

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, subsection (4) is repealed and the following substituted:

Requirements for insured person

(4) AgriCorp may enter into a contract of insurance to insure an agricultural crop or perennial plant with any person who,

(a) has an insurable interest in the agricultural crop or perennial plant; and

(b) otherwise meets the qualifications and requirements set by AgriCorp under clause (2) (a).  2010, c. 16, Sched. 1, s. 1 (11).

More than one person with insurable interest

(5) If more than one person has an insurable interest in an agricultural crop or perennial plant, AgriCorp may enter into,

(a) an individual contract of insurance with each person with an insurable interest in the agricultural crop or perennial plant;

(b) one contract of insurance with all persons with an insurable interest in the agricultural crop or perennial plant; or

(c) several contracts of insurance with respect to the agricultural crop or perennial plant, some individual contracts and others that insure two or more persons with an insurable interest in the agricultural crop or perennial plant.  2010, c. 16, Sched. 1, s. 1 (11).

Contract restriction

(6) In any contract of insurance with respect to an agricultural crop or perennial plant between AgriCorp and a person, the contract shall insure the person’s entire insurable interest in the agricultural crop or perennial plant.  2010, c. 16, Sched. 1, s. 1 (11).

Same, several insurable interests

(7) The following conditions apply if AgriCorp enters into more than one contract of insurance with respect to one agricultural crop or perennial plant:

1. Each contract of insurance shall insure a different insurable interest in the agricultural crop or perennial plant.

2. The amount of insurance provided under all of the contracts of insurance is equal to the sum of each insured person’s entire insurable interest in the agricultural crop or perennial plant, subject to paragraph 3.

3. The amount of insurance provided under all of the contracts of insurance is not greater than the total value of the agricultural crop or perennial plant.  2010, c. 16, Sched. 1, s. 1 (11).

Insurable interest

(8) For the purposes of this section, the following persons have an insurable interest in an agricultural crop or perennial plant:

1. A producer of the agricultural crop or perennial plant.

2. Any person who may benefit from the successful production of the agricultural crop or perennial plant or who may be prejudiced by any loss or damage to the agricultural crop or perennial plant.

3. Any other person who, in the opinion of AgriCorp, has an insurable interest in the agricultural crop or perennial plant.  2010, c. 16, Sched. 1, s. 1 (11).

See: 2010, c. 16, Sched. 1, ss. 1 (11), 10 (2).

Not regulations

6. The acts of AgriCorp in exercising its powers and performing its duties mentioned in sections 4 and 5 shall be deemed to be of an administrative and not of a legislative nature.  1996, c. 17, Sched. C, s. 6.

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, section 6 is amended by striking out “sections 4 and 5” and substituting “sections 2.1 and 5”.  See: 2010, c. 16, Sched. 1, ss. 1 (12), 10 (2).

Enforcement

Inspectors

7. (1) AgriCorp may appoint a chief inspector and other inspectors as it considers necessary.

Certificate of appointment

(2) A member of AgriCorp or a person authorized in writing by a member of AgriCorp shall issue to every inspector a certificate of appointment bearing the signature of the person issuing it or a facsimile of the signature.

Evidence

(3) The certificate of appointment is admissible in evidence as proof of the appointment, in the absence of evidence to the contrary.

Identification

(4) An inspector who exercises powers under this Act shall, upon request, produce the certificate of appointment.  1996, c. 17, Sched. C, s. 7.

Inspection

8. (1) An inspector may, in respect of an insured person, an applicant for a contract of insurance, a person who has applied to be enrolled in a plan administered by AgriCorp or a person who is entitled to receive payment under a plan administered by AgriCorp,

(a) enter and inspect any lands and premises, other than a dwelling, that are owned or occupied by those persons, and inspect any goods located on those lands and premises; and

(b) demand the production by those persons of books, records or documents or extracts from those books, records or documents relating to,

(i) the crops or perennial plants insured under the contract of insurance or to which the application relates, or

(ii) the business of the person in respect of which the person has applied to be enrolled in a plan administered by AgriCorp or in respect of which the person is entitled to receive payment.

Time of inspection

(2) An inspector shall exercise the powers mentioned in subsection (1) only during normal business hours for the place that the inspector has entered.

Written demand

(3) A demand mentioned in clause (1) (b) shall be in writing and shall include a statement of the nature of the books, records, documents or extracts required.

Obligation to produce

(4) If an inspector makes a demand under clause (1) (b), the person having custody of the books, records, documents or extracts shall produce them to the inspector.

Copying

(5) On issuing a written receipt, the inspector may remove the books, records, documents or extracts that are produced and may copy them.

Return of things produced

(6) The inspector shall carry out copying with reasonable dispatch and shall forthwith after the copying return them to the person who produced them.

Admissibility of copies

(7) A copy purporting to be certified by an inspector as a copy made under subsection (5) is admissible in evidence to the same extent, and has the same evidentiary value, as the book, record, document or extract of which it is a copy.

Assistance

(8) An inspector may call upon any expert for such assistance as the inspector considers necessary in carrying out an inspection.

Computer search

(9) For the purpose of carrying out an inspection, an inspector may use any data storage, processing or retrieval device or system belonging to the persons being inspected in order to produce a record in readable form.  1996, c. 17, Sched. C, s. 8.

Assistance required

9. (1) An inspector may require information or material from a person who is the subject of an inspection under section 8 or from any person who the inspector has reason to believe can provide information or material relevant to the inspection.

Disclosure

(2) Despite section 17 of the Freedom of Information and Protection of Privacy Act and section 10 of the Municipal Freedom of Information and Protection of Privacy Act, the head of an institution within the meaning of those Acts shall disclose to the inspector the information and material that the inspector requires.

No obstruction

(3) No person shall obstruct an inspector who is exercising powers under this Act or provide false information or refuse to provide information to an inspector.

Records

(4) A person who is required under this Act to produce a record for an inspector shall, on request, provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce the record in a readable form.  1996, c. 17, Sched. C, s. 9.

Referral of disputes

10. (1) If AgriCorp and a person disagree whether the person qualifies for a contract of insurance, except if the disagreement relates to the time during which a person may apply for a contract of insurance or file a final acreage report or its equivalent, or if AgriCorp and an insured person fail to resolve a dispute arising out of the adjustment of a claim under a contract of insurance, either may appeal the matter in dispute to the Tribunal.  1999, c. 12, Sched. A, s. 7 (2).

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out “final acreage report or its equivalent” and substituting “final report”.  See: 2010, c. 16, Sched. 1, ss. 1 (13), 10 (2).

Notice of appeal

(2) To appeal a matter in dispute, the appellant shall file a written notice of appeal with the Tribunal and send a copy of the notice to the other party within the time specified by the regulations made under this Act.  1999, c. 12, Sched. A, s. 7 (2).

Exclusive jurisdiction

(3) The Tribunal has exclusive jurisdiction to hear and determine all appeals arising under subsection (1).  1999, c. 12, Sched. A, s. 7 (2).

Decision binding

(4) The decision of the Tribunal in an appeal is binding on the parties.  1999, c. 12, Sched. A, s. 7 (2).

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, section 10 is amended by adding the following subsection:

Definition, “final report”

(5) In this section,

“final report” means a final acreage report, a final inventory report or an equivalent document required by AgriCorp that defines the agricultural crop or perennial plant insured under a contract of insurance.  2010, c. 16, Sched. 1, s. 1 (14).

See: 2010, c. 16, Sched. 1, ss. 1 (14), 10 (2).

Miscellaneous

Ontario Crop Insurance Fund

11. (1) The fund known in English as the Ontario Crop Insurance Fund and in French as Caisse d’assurance-récolte de l’Ontario is continued.

Deposits into Fund

(2) AgriCorp shall deposit into the Fund,

(a) all money that it receives under this Act; and

(b) all loans that it receives with respect to contracts of insurance.

Payments out of Fund

(3) AgriCorp shall pay out of the Fund all money for payments that it is required to make under this Act.  1996, c. 17, Sched. C, s. 11.

Regulations

12. (1) Subject to the approval of the Minister of Agriculture, Food and Rural Affairs, AgriCorp may make regulations respecting any matter with respect to contracts of insurance or proposed contracts of insurance.  1996, c. 17, Sched. C, s. 12 (1).

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out “the Minister of Agriculture, Food and Rural Affairs” and substituting “the Minister”.  See: 2010, c. 16, Sched. 1, ss. 1 (15), 10 (2).

Priority of regulations

(2) A regulation made under subsection (1) prevails over all terms of a contract of insurance that conflict with the regulation.  1996, c. 17, Sched. C, s. 12 (2).

(3)-(6)  Repealed:  1999, c. 12, Sched. A, s. 7 (3).

Transition

13. (1) Contracts of insurance that The Crop Insurance Commission of Ontario has entered into under the Crop Insurance Act (Ontario) and that are in force on the day this Act comes into force are assigned to AgriCorp and are continued as contracts of insurance within the meaning of this Act.  1996, c. 17, Sched. C, s. 13 (1).

Plans

(2) Despite section 14, plans established under the Crop Insurance Act (Ontario) that are in force immediately before the coming into force of this Act continue to apply to contracts of insurance within the meaning of this Act.  1996, c. 17, Sched. C, s. 13 (2).

Reference to Commission

(3) A reference to The Crop Insurance Commission of Ontario in any plan, contract of insurance or document related to the Ontario Crop Insurance Fund or any regulation made under the Crop Insurance Act (Ontario) shall be deemed to be a reference to AgriCorp.  1996, c. 17, Sched. C, s. 13 (3).

Agreements

(4) Agreements that the Minister of Agriculture, Food and Rural Affairs has entered into with the Government of Canada in respect of contracts of insurance are continued under subsection 3 (1).  1996, c. 17, Sched. C, s. 13 (4).

Note: On July 1, 2014, the day named by proclamation of the Lieutenant Governor, subsection (4) is amended by striking out “the Minister of Agriculture, Food and Rural Affairs” and substituting “the Minister”.  See: 2010, c. 16, Sched. 1, ss. 1 (16), 10 (2).

(5)  Repealed:  1999, c. 12, Sched. A, s. 7 (4).

14. Omitted (amends or repeals other Acts).  1996, c. 17, Sched. C, s. 14.

15. Omitted (provides for coming into force of provisions of this Act).  1996, c. 17, Sched. C, s. 15.

16. Omitted (enacts short title of this Act).  1996, c. 17, Sched. C, s. 16.

Note:  Section 14 repealed the Crop Insurance Act (Ontario).  See: 1996, c. 17, Sched. C, s. 14.

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