S.M. 1996, c. 29

Bill 23, 2nd Session, 36th Legislature

The GRIP and Related Programs Termination and Crop Insurance Amendment Act

(Assented to November 19, 1996)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"agent of the government" means a member of the Executive Council, an employee or other person acting for or on behalf of the government, the corporation, or a director, officer, employee or other person acting for or on behalf of the corporation; (« mandataire du gouvernement »)

"cause of action" means any claim, cause of action, suit, debt, account, demand, claim for damages, loss, cost, expense or interest of any kind, whether arising in or imposed by law, equity, statute or otherwise; (« cause d'action »)

"contract of crop insurance" means a contract of insurance issued by the corporation pursuant to a plan of crop insurance within the meaning of The Crop Insurance Act and includes, but is not limited to, a contract of insurance issued under

(a) the all risk plan of crop insurance, including contracts of insurance related to unseeded land insurance,

(b) the tame hay plan of crop insurance,

(c) the forage establishment plan of crop insurance, and

(d) the additional hail plan of crop insurance; (« contrat d'assurance-récolte »)

"contract of revenue insurance" means a contract of revenue insurance providing insurance protection against price and yield fluctuations for specified agricultural products produced or marketed by a producer, and includes a contract of revenue insurance entered into under the GRIP agreement and the revenue insurance component of any combination of a contract of revenue insurance and a contract of crop insurance; (« contrat d'assurance-revenu »)

"corporation" means the Manitoba Crop Insurance Corporation; (« Société »)

"crop insurance program" means a plan or program respecting insurance established under The Crop Insurance Act; (« régime d'assurance-récolte »)

"GRIP agreement" means the National Agreement establishing a Tripartite Gross Revenue Insurance Plan for Crops, entered into on or about September 17, 1991 by the Government of Canada with the Government of Manitoba and certain other provinces and territories of Canada, as amended from time to time; (« accord RARB »)

"gross revenue insurance program" means the plan or program with respect to revenue protection and crop insurance established under the GRIP agreement and administered by the corporation; (« régime d'assurance du revenu brut »)

"producer" means a person, partnership, cooperative or joint venturer who is or has been engaged in farming in Manitoba and, if the owner of the land on which a specified agricultural product is grown has or had an interest in the crop, includes the owner of that land; (« producteur »)

"revenue insurance program" means the plan or program with respect to revenue protection established under the GRIP agreement and administered by the corporation; (« régime d'assurance-revenu »)

"specified agricultural product" means a product identified for Manitoba in Schedule H(A) of the GRIP agreement. (« produit agricole désigné »)

Termination of revenue insurance programs

2(1)        The revenue insurance program and the gross revenue insurance program are terminated.

Termination of contracts of revenue insurance

2(2)        All contracts of revenue insurance entered into by the corporation are terminated.

Termination of crop insurance programs

3(1)        All crop insurance programs, excluding the program of additional hail insurance, administered by the corporation before April 1, 1996 are terminated.

Termination of contracts of crop insurance

3(2)        All contracts of crop insurance entered into by the corporation before March 1, 1996 are terminated.

Repeal of regulations

3(3)        The following regulations are repealed:

(a) All Risk Plan of Crop Insurance Regulation, Manitoba Regulation 102/95;

(b) Forage Establishment Plan of Crop Insurance Regulation, Manitoba Regulation 29/95;

(c) Tame Hay Plan of Crop Insurance Regulation, Manitoba Regulation 31/95.

Retroactive regulations

3(4)        Any regulation made in 1996 that is expressed to amend or replace any of the regulations referred to in subsection (3) may be made retroactive to April 1, 1996, and everything done that would have been lawfully done had such a regulation been registered and in force at the time the thing was done is validated and declared to have been lawfully done.

No liability

4(1)        No action or other proceeding lies or may be instituted or continued by anyone against the government, an agent of the government or the Government of Canada based on a cause of action that arises out of or is in relation to

(a) the termination of the revenue insurance program or the gross revenue insurance program;

(b) the termination of any contract of revenue insurance;

(c) the failure to comply with any notice provision concerning termination, express or implied, contained in or related to the revenue insurance program, the gross revenue insurance program or any contract of revenue insurance;

(d) the termination of any crop insurance program;

(e) the termination of any contract of crop insurance; or

(f) the failure to comply with any notice provision concerning termination, express or implied, contained in or related to any program of crop insurance or any contract of crop insurance.

Causes of action extinguished

4(2)        Every cause of action against the government, an agent of the government or the Government of Canada that arises out of or is in relation to anything mentioned in clauses (l)(a) to (f) is extinguished.

Effect of termination

4(3)        Subject to subsections (1) and (2), the termination of a contract of revenue insurance or a contract of crop insurance under this Act does not affect any right, privilege, obligation or liability acquired, accrued or incurred under a contract so terminated, but any right, privilege, obligation or liability acquired, accrued or incurred under a contract so terminated with respect to any crop year beginning after March 31, 1996 shall be of no further force or effect.

Act prevails in case of conflict

5           This Act prevails if there is a conflict between this Act and

(a) any other Act, regulation or law;

(b) any contract of revenue insurance; or

(c) any contract of crop insurance.

C.C.S.M. c. C310, amended

6(1)        The Crop Insurance Act is amended by this section.

6(2)        Subsections 16(4) and (5) are repealed and the following is substituted:

Practice and procedure

16(4)       The appeal tribunal shall determine its own practice and procedure and shall give full opportunity to the appellant and the corporation to present evidence and make submissions.

Hearing

16(4.1)     The appeal tribunal may conduct a hearing orally, including by telephone, or in writing, or partly orally and partly in writing.

Evidence

16(4.2)     Evidence may be given before the appeal tribunal in any manner that the appeal tribunal considers appropriate, and the appeal tribunal is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Investigation and inspection

16(4.3)     The appeal tribunal may, before or during a hearing, carry out any investigation or inspection or refer any question for an expert opinion that it considers necessary or advisable.

Proceeding not invalid for irregularity

16(4.4)     No proceeding before the appeal tribunal is invalid by reason only of a defect in form, a technical irregularity or a lack of formality.

Jurisdiction of the appeal tribunal

16(5)       The appeal tribunal has exclusive jurisdiction to determine any dispute between an insured person and the corporation respecting the corporation's assessment of the loss or damage to an insured crop or the corporation's assessment of the loss or damage with respect to unseeded land or forage establishment, whether attributed to insured or uninsured causes of loss, including any dispute as to

(a) the cause of the loss or damage;

(b) the amount of insured acreage of an insured person on which loss or damage has occurred; and

(c) any appraisal by the corporation of an insured person's crop yield.

Notice from corporation

16(5.1)     The corporation shall notify an insured person of the corporation's assessment of the loss or damage and of the insured person's right to appeal the decision to the appeal tribunal in the circumstances described in subsection (5).

Appeal

16(5.2)     An insured person may, within seven days after receiving a notice from the corporation under subsection (5.1), appeal the corporation's decision by written notice delivered to the appeal tribunal, and the notice of appeal shall, within that same period, be delivered to the corporation.

Final indemnity

16(5.3)     An insured person's appeal shall not be heard until the corporation has determined the final indemnity, if any, payable for an insured crop or for unseeded land or forage establishment, as the case may be.

6(3)        Subsection 16(7) is repealed and the following is substituted:

Hearing and judgment

16(7)       On the day, at the time and place so fixed, or any subsequent day, time and place of which the parties have had due notice, the appeal tribunal shall hear the evidence given by or on behalf of the parties respecting the matter in dispute, and shall thereafter make its decision on the matter.

Decision final and binding

16(7.1)     The appeal tribunal has an absolute discretion in making its decision, which is final and binding on the parties and is not subject to appeal or review by a court.

6(4)        Section 18 is amended

(a) in clause (c), by striking out "prescribing" and substituting "respecting";

(b) by adding the following after clause (c):

(d) authorizing the appeal tribunal to hear and determine, in accordance with the procedures set out in this Act, any other matter that arises under this or any other Act of the Legislature.

(c) by renumbering it as subsection 18(1) and by adding the following as subsection 18(2):

Retroactive regulations

18(2)       A regulation under this section may be made retroactive to a date not earlier than January 1 of the year in which it is made.

Coming into force

7           This Act is retroactive and is deemed to have come into force on April 1, 1996.