Agricultural Products Insurance Act, 1996, S.O. 1996, c. 17, Sched. C

• Jurisdiction: Ontario

Agricultural Products Insurance Act, 1996

S.O. 1996, Chapter 17
Schedule C

Consolidation Period: From December 10, 2019 to the e-Laws currency date.

Last amendment: 2019, c. 14, Sched. 3, s. 3-8.

CONTENTS

Definitions

1 In this Act,

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

“agricultural products” means a product that is designated by regulation; (“produits agricoles”)

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

“Fund” means the Ontario Agricultural Products Insurance Fund; (“Caisse”)

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

“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”)

“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); 2010, c. 16, Sched. 1, s. 1 (1-3); 2015, c. 6, s. 2.

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. A, s. 7 (1) - 22/12/1999

2010, c. 16, Sched. 1, s. 1 (1-3) - 1/07/2014

2015, c. 6, s. 1, 2 - 1/09/2015

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.

Contracts of insurance

2.1 (1) AgriCorp shall offer contracts of insurance for agricultural products. 2019, c. 14, Sched. 3, s. 3.

Newly designated product

(2) If a product is designated as an agricultural product, AgriCorp shall offer contracts of insurance in respect of the agricultural product as soon as reasonably possible after the designation. 2019, c. 14, Sched. 3, s. 3.

Formerly designated product

(3) If the designation of a product as an agricultural product is revoked, AgriCorp shall cease offering contracts of insurance in respect of the product as soon as reasonably possible after the revocation. 2019, c. 14, Sched. 3, s. 3.

Section Amendments with date in force (d/m/y)

2010, c. 16, Sched. 1, s. 1 (4) - 1/07/2014

2015, c. 6, s. 3 (1-7) - 1/09/2015

2019, c. 14, Sched. 3, s. 3 - 10/12/2019

Agreements with Canada

3 (1) The Minister 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); 2010, c. 16, Sched. 1, s. 1 (5).

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).

(3) Repealed: 2010, c. 16, Sched. 1, s. 1 (6).

Section Amendments with date in force (d/m/y)

2010, c. 16, Sched. 1, s. 1 (5, 6) - 1/07/2014

4 Repealed: 2010, c. 16, Sched. 1, s. 1 (7).

Section Amendments with date in force (d/m/y)

2010, c. 16, Sched. 1, s. 1 (7) - 1/07/2014

Terms of contracts of insurance

5 (1) AgriCorp shall fix the terms of contracts of insurance, subject to subsection (1.1). 2019, c. 14, Sched. 3, s. 4.

Ministerial approval

(1.1) AgriCorp shall obtain the approval of the Minister before,

(a) offering any new standard form contracts of insurance; or

(b) making any changes to an existing standard form contract of insurance that affects,

(i) the premium charged under the contract of insurance,

(ii) the risks insured under the contract of insurance, or

(iii) any other aspect of a contract of insurance that the Minister may direct. 2019, c. 14, Sched. 3, s. 4.

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, including determining whether a person has an insurable interest in an agricultural product;

(b) enter into contracts of insurance;

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

(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); 2010, c. 16, Sched. 1, s. 1 (9, 10); 2015, c. 6, s. 4 (1).

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).

Requirements for insured person

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

(a) has an insurable interest in the agricultural product; and

(b) otherwise meets the qualifications and requirements set by AgriCorp under clause (2) (a). 2010, c. 16, Sched. 1, s. 1 (11); 2015, c. 6, s. 4 (2, 3).

More than one person with insurable interest

(5) If more than one person has an insurable interest in an agricultural product, AgriCorp may enter into,

(a) an individual contract of insurance with each person with an insurable interest in the agricultural product;

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

(c) several contracts of insurance with respect to the agricultural product, some individual contracts and others that insure two or more persons with an insurable interest in the agricultural product. 2010, c. 16, Sched. 1, s. 1 (11); 2015, c. 6, s. 4 (4).

Contract restriction

(6) In any contract of insurance with respect to an agricultural product...