2023 Bill 76

	76


Second Session, 50th General Assembly 2 Charles III, 2024
BILL 76
AN ACT TO AMEND THE CROP INSURANCE ACT
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE ELVIS LOVELESS Minister of Fisheries, Forestry and Agriculture
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Crop Insurance Act to

· allow the Newfoundland and Labrador Crop Insurance Agency to establish insurance plans without the need for regulations;

· remove the requirement for the Newfoundland and Labrador Crop Insurance Agency to have a seal; and

· incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE CROP INSURANCE ACT

Analysis

1. S.2 Amdt.
Definitions

2. S.3 Amdt.
Agency continued

3. S.5 Rep.
Use of seal

4. S.8 Amdt.
Powers, functions and duties of agency

5. S.9 R&S

Insurance plans

6. S.10 Amdt.
Appeal board

7. S.14 Amdt.
Administration of fund

8. S.15 Amdt.
Financial year

9. S.16 Amdt.
Agreements with Canada

10. S.17 R&S

Non-application

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cC-39
as amended

1. (1) Paragraph 2(f) of the Crop Insurance Act is repealed and the following substituted:

(f) "insurable crop" means an agricultural crop designated as an insurable crop by a plan;

(2) Paragraph 2(j) of the Act is repealed and the following substituted:

(j) "plan" means a plan of crop insurance established by this Act; and

2. (1) Subsection 3(7) of the Act is amended by deleting the words "him or her" and substituting the words "the member".

(2) Subsection 3(8) of the Act is repealed.

3. Section 5 of the Act is repealed.

4. (1) Paragraph 8(1)(a) of the Act is repealed and the following substituted:

(a) administer plans of crop insurance established under this Act;

(2) Paragraph 8(1)(j) of the Act is repealed and the following substituted:

(j) make the orders and directions that are necessary to enforce the observance of the Act or a plan.

5. Section 9 of the Act is repealed and the following substituted:

Insurance plans

9. The Agency may

(a) establish, amend and revoke voluntary plans for the insurance of insurable crops within the province;

(b) establish the terms and conditions of insurance under a plan;

(d) determine coverage and establish values with respect to insurable crops for the purposes of a plan;

(e) fix premium rates and provide for the payment and collection of premiums in respect of a plan;

(f) set forms and terms of contracts and applications for a contract, provide for their use and require information to be given in a form to be verified by a statutory declaration;

(g) require applicants for insurance and insured persons to provide information, statements and reports;

(h) designate insurable persons for the purposes of a plan;

(i) establish the level of coverage in relation to average crop yield; and

(j) set the method of notification and the form in which proof of crop loss shall be given and the information and details to be provided.

6. Subsection 10(4) of the Act is amended by deleting the reference "Public Inquiries Act" and substituting the reference "Public Inquiries Act, 2006".

7. Subsection 14(1) of the Act is amended by deleting the words "and the regulations".

8. (1) Subsection 15(4) of the Act is amended by deleting the words "he or she" and substituting the words "the auditor general".

(2) Subsection 15(5) of the Act is amended by deleting the words "he or she" and substituting the words "the Lieutenant-Governor in Council".

9. Section 16 of the Act is amended by deleting the reference "Crop Insurance Act (Canada)" and substituting the reference "Farm Income Protection Act (Canada)".

10. Section 17 of the Act is repealed and the following substituted:

Non-application

17. Without prejudice to all rights, privileges, benefits or exemptions which may be vested by law in the agency because of it being an agent under the control of the Crown, nothing contained in the following Acts shall apply to the agency or a matter or thing done under this Act or a plan:

(a) the Insurance Adjusters, Agents and Brokers Act;

(b) the Insurance Companies Act; and