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REPEALED
Date: September 1, 2005
C.C.S.M. c. C310
The Crop Insurance Act
(Assented to July 17, 1987)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"appeal tribunal" means a tribunal constituted under section 16; (« tribunal d'appel »)
"board" means the board of directors of the corporation; (« conseil »)
"corporation" means Manitoba Crop Insurance Corporation continued pursuant to section 2; (« Société »)
"contract" means a contract of insurance made under this Act; (« contrat »)
"crop year" means the period beginning on April 1 in any year and ending on March 31 in the next succeeding year; (« année-récolte »)
"fund" means The Crop Insurance Fund or The Hail Insurance Fund as the context may require; (« Fonds »)
"insurance" means insurance provided under a contract of crop insurance; (« assurance »)
"insured person" means a qualified person who has entered into a contract; (« assuré »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)
"plans of crop insurance" means a plan of crop insurance established by regulation; (« régimes d'assurance-récolte »)
"qualified person" means a person who is actually engaged in farming in Manitoba; and where the owner of the land on which an insurable crop is grown has an interest in the crop, includes the owner of that land. (« personne qualifiée »)
Persons comprising the corporation
The board shall consist of not more than five members appointed by the Lieutenant Governor in Council and the members so appointed shall, during the term of their respective appointments, be the directors of the corporation.
"The Manitoba Crop Insurance Corporation" is hereby continued as a body corporate and as an agency of the Crown in right of Manitoba under the name "Manitoba Crop Insurance Corporation".
Chairperson and vice-chairperson
The Lieutenant Governor in Council shall appoint one of the directors to be chairperson of the board of directors and one of them to be vice-chairperson of the board of directors; and, in the absence, or at the request of the chairperson or in the event of the inability of the chairperson to act, or at the request of the minister, the vice-chairperson shall act as, and shall have all the powers and authority of, the chairperson.
Subject to subsections (2) and (3), every director of the corporation, unless the director sooner dies, resigns, or is removed from office, shall hold office for three years from the date of appointment to the board and thereafter until a successor to the director is appointed.
Where a director of the corporation ceases to be a director prior to the expiration of the term of office of the director any person appointed to fill the vacancy so created, unless the person sooner dies, resigns, or is removed from office, shall hold office for the remainder of the term of office of the person in whose place the person is appointed, and thereafter until a successor to that person is appointed.
A director of the corporation whose term of office has expired is eligible for re-appointment.
Payment of expenses and remuneration
Every director shall be reimbursed by the corporation for any reasonable travelling and other out-of-pocket expenses, in accordance with prescribed government rates, necessarily incurred by the director in discharging the duties of a director; and in addition, a director may be paid remuneration for services, such daily or periodical amounts as are fixed by the Lieutenant Governor in Council.
Three directors, of whom one shall be either the chairperson or the vice-chairperson, constitute a quorum at any meeting of the directors of the corporation.
The chairperson of the corporation shall report to the minister.
Appointment of general manager
The Lieutenant Governor in Council shall appoint the general manager for the corporation and fix the remuneration to be paid to the general manager.
Power to engage employees and duties of general manager
The board or, if authorized by the board, the general manager, may appoint such officers and employees as they consider necessary to carry out the business of the corporation and may define the duties of those officers and employees and determine their remuneration.
General responsibility of general manager
The general manager is responsible and has the authority for the management, direction and control of the operations of the corporation and the day to day administration of its affairs.
If any employees of the corporation are or become employees within the meaning of The Civil Service Superannuation Act, the corporation shall pay in respect of those employees the employer's contributions required under The Civil Service Superannuation Act; and the corporation shall also make, in respect of those employees, the deductions from the salaries required under section 17 of that Act and remit the amount thereof to The Civil Service Superannuation Board.
Powers respecting benefits for employees
The corporation may, alone or in co-operation with other corporations, departments, commissions, or other agents of the Crown, support or participate in any existing plan or subject to the approval of the Lieutenant Governor in Council, establish any other benefit plan.
The corporation may, subject to the other provisions of this Act and to the regulations, engage in the business of crop insurance and unseeded land insurance; and without limiting the generality of the foregoing, the corporation may, with approval of its board do any one or more of the following things:
(a) insure qualified persons under any plan of crop insurance and unseeded land insurance prescribed by regulations;
(b) fix coverages and premium rates based on the methodology approved in the regulation;
(c) assess charges with respect to plans of crop insurance that may be considered necessary by the corporation;
(d) attach terms and conditions to the payment of premiums and determine the manner of their collection;
(e) enter into a contract of insurance with a qualified person providing for insurance against loss of insured crops and for loss respecting unseeded land;
(f) determine and make payment of indemnities under a contract;
(f.1) reinsure all or part of its risk under a plan of crop insurance or a contract and enter into reinsurance agreements for that purpose with one or more of the Government of Canada, the Government of Manitoba, the government of any other jurisdiction and any person, whether or not that government or person is in Manitoba or is licensed under The Insurance Act;
(g) conduct research, surveys and investigations relating to crop insurance and assemble data for the purpose of establishing a sound actuarial basis for crop insurance;
(g.1) enter into agreements respecting the use or sale of information and data;
(h) do all other acts or things that are ancillary hereto and necessary to the exercise of its powers and functions and the conduct of its affairs and business of providing crop insurance and unseeded land insurance.
Property deemed to belong to the Crown
All property, whether real or personal, and all moneys acquired, administered, possessed, received or earned by the corporation shall be deemed to be the property of Her Majesty in right of Manitoba for all purposes.
Upon application of a qualified person for insurance pursuant to this Act, the corporation, upon its acceptance of the application shall issue a contract of insurance in such form as may be prescribed in the regulations.
The contracts made with insured persons are not contracts of insurance within the meaning of The Insurance Act; and that Act does not apply to the administration of this Act.
The general manager or any director or any person acting under the instructions of any of them or under the authority of this Act, is not personally liable for any loss or damage suffered by any person by reason of anything done in good faith or omitted to be done by them or any of them pursuant to, or in the exercise or supposed exercise of, the powers conferred on this Act.
The fiscal year of the corporation is a period of 12 months beginning on April 1 in each year and ending on March 31 in the next ensuing year.
The books and accounts of the corporation shall be examined, checked, and audited from time to time, and at least annually, by the Auditor General; and the cost of the audit shall be paid by the corporation.
The corporation shall submit to the minister annually
(a) a report on the activities and operations of the corporation for the immediately preceding fiscal year; and
(b) financial statements showing the assets, liabilities and operations of the corporation at the end of the immediately preceding fiscal year.
The report and financial statements referred to in section 13 shall be laid before the Legislative Assembly on a date within 120 days next following the end of the year for which the report and statements are made if the Legislative Assembly is then in session, otherwise on a date within 15 days after the opening of the next following session of the Legislature.
The Minister of Finance, with the approval of the Lieutenant Governor in Council, and on the written requisition of the minister, may advance, without legislative authority or appropriation other than this Act, to the corporation from time to time, for use as working capital such sums as may be stated in the requisition; and advances so made may be interest-bearing or non interest-bearing as determined by the Lieutenant Governor in Council and shall be repaid by the corporation.
Constitution of appeal tribunal
The Lieutenant Governor in Council may establish an appeal tribunal to hear and decide appeals.
An appeal tribunal shall consist of three persons of whom one shall be appointed chairperson.
The members of an appeal tribunal have the same powers as are conferred on commissioners under Part V of The Manitoba Evidence Act.
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.
The appeal tribunal may conduct a hearing orally, including by telephone, or in writing, or partly orally and partly in writing.
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.
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
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
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.
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).
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.
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.
On receipt of the notice of appeal, the appeal tribunal shall fix a day, time and place at which it will consider the appeal and hear the parties.
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.
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.
Every appellant shall file with the notice of appeal such fee as may be fixed by the minister.
Where an insured person files an appeal under this section and the person is successful in the appeal, the corporation shall refund the appeal fee; but if the person is unsuccessful in the appeal, the appeal fee shall be used by the corporation to help defray its costs of the appeal.
Subject to the approval of the Lieutenant Governor in Council, the corporation may administer other programs related to agriculture.
Subject to the approval of the Lieutenant Governor in Council, the directors, for the purpose of carrying out the provisions of this Act according to their intent, may make such regulations and orders as are ancillary thereto and are not inconsistent therewith and every regulation or order made under and in accordance with the authority granted by this section has the force of law; and, without restricting the generality of the foregoing, the directors may make regulations and orders
(a) establishing plans of crop insurance and unseeded land insurance;
(b) prescribing the method by which coverages and premium rates are to be calculated for insurance plans established under clause (a);
(c) respecting the contract forms for use under this Act;
(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.
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.
Payment of administration costs
From the Consolidated Fund, with moneys authorized by an Act of the Legislature, the Minister of Finance, on the written requisition of the corporation, shall pay to the corporation in each year the cost of administering The Crop Insurance Fund.
Hail Insurance Fund administration
The cost of administering the Hail Insurance Fund shall be paid out of premiums received respecting contracts issued under that fund.
Payment for administering other programs
The cost of administering other programs established under section 17 shall be paid in accordance with the terms and conditions of those programs.
Establishment of Crop Insurance Fund
There is hereby established a fund to be known as: "The Crop Insurance Fund", which shall be in the custody and control of the corporation on behalf of Her Majesty in right of Manitoba.
Establishment of Hail Insurance Fund
There is hereby established a fund to be known as: "The Hail Insurance Fund" which shall be in the custody and control of the corporation on behalf of Her Majesty in the right of Manitoba.
The corporation shall credit to the appropriate fund
(a) the moneys paid under section 19;
(b) the amount of all premiums received;
(c) any amount received from the Government of Canada for the purposes of this Act; and
(d) all other amounts received by the corporation for the purposes of this Act.
The corporation shall deposit and keep all amounts credited to the funds
(a) in a bank or credit union; or
(b) with the Minister of Finance, who shall credit them to the corporation in the Consolidated Fund.
Payment by Minister of Finance
Where moneys are deposited with the Minister of Finance as provided in subsection (4), the Minister of Finance shall pay them out to the corporation, or as it may direct, on the written requisition from the corporation.
The corporation shall administer the funds established under subsections (1) and (2) and pay all amounts required by this Act to be paid therefrom, together with the costs of administering this Act.
Where in any crop year after the payment of claims and administration costs, there remains a surplus of moneys in the funds, the surplus shall be set aside by the corporation as a reserve for claims payable with respect to contracts.
The corporation shall pay to the Minister of Finance for investment for the corporation any moneys in the funds not immediately required for expenditure; and the Minister of Finance may invest the moneys in accordance with The Financial Administration Act.
Moneys paid to the Minister of Finance for investment pursuant to subsection (8) shall be held in the Consolidated Fund in trust for the corporation and the interest earnings thereon shall be credited to the account of the corporation; and those earnings, either alone or with the principal sum invested for the corporation by the Minister of Finance hereunder, or any part thereof shall be paid over to the corporation by the Minister of Finance on the request of the corporation.
Loan to corporation for the Hail Insurance Fund
Where in any crop year the amount of the premiums received together with the accumulated reserve under the Hail Insurance Fund is insufficient to pay claims and administration costs pursuant to contracts issued under that Fund, the Government of Manitoba shall, from the Consolidated Fund, make loans to the corporation to enable it to meet the deficiency and such loans may be interest-bearing or non interest-bearing as determined by the Lieutenant Governor in Council.
Moneys deposited in a Fund are the property of that Fund and are not to be used for the payment of claims or administration costs of the other Fund.
S.M. 1996, c. 59, s. 87; S.M. 1998, c. 25, s. 5.
Reinsurance Account established for the Crop Insurance Fund
There shall be established in the Consolidated Fund a special account to be known as: "Manitoba Crop Reinsurance Account", (in this section referred to as "the account")
(a) to which shall be credited all moneys paid by the corporation to the Minister of Finance under a reinsurance agreement as premiums for reinsurance; and
(b) to which shall be charged all amounts required to be paid to the corporation under a reinsurance agreement.
The Minister of Finance may, subject to this Act and the terms of a reinsurance agreement, on the requisition of the minister, pay out of the account any amount required to be paid to the corporation under the terms of a reinsurance agreement.
If at any time the amount in the account is insufficient to make any payment to the corporation required under the terms of a reinsurance agreement, the Minister of Finance may, with the approval of the Lieutenant Governor in Council, advance from the Consolidated Fund, and credit to the account, the amount required to meet the deficit.
An advance made under subsection (3) is repayable out of the account and may be interest-bearing or non interest-bearing in accordance with the reinsurance agreement.
S.M. 1996, c. 59, s. 87; S.M. 1998, c. 25, s. 6.
With the approval of the Lieutenant Governor in Council, the minister may, on behalf of the Government of Manitoba, enter into a reinsurance agreement for the provision or purchase of reinsurance of all or part of the corporation's risk under a plan of crop insurance or a contract, with one or more of the corporation, the Government of Canada, the government of any other jurisdiction and any person, whether or not that government or person is in Manitoba or is licensed under The Insurance Act.
Repealed.
Agreement with Government of Canada
The Government of Manitoba, represented by the minister or the chairperson of the corporation, may, if so authorized by order of the Lieutenant Governor in Council, enter into an agreement with the Government of Canada, pursuant to this Act and an Act of the Parliament of Canada enacted for the purpose, whereby the Government of Canada agrees to make contributions to the fund for the purpose of
(a) defraying such part of the cost of administering this Act as is stated in the agreement;
(b) reimbursing the fund for such part of the amounts paid from the fund in satisfaction of claims of insured persons, as is stated in the agreement; and
(c) the corporation refunding to insured persons such part of the premiums paid by them under contracts as is stated in the agreement; or
(d) for any of those purposes, or for any other purpose that may be stated in an Act of Parliament or in the agreement.
S.M. 1991-92, c. 41, s. 8; S.M. 1998, c. 25, s. 8.
This Act shall be referred to as chapter C310 in the Continuing Consolidation of the Statutes of Manitoba.
The Crop Insurance Act being chapter C310 of the Continuing Consolidation of the Statutes of Manitoba is repealed.
This Act comes into force on a day fixed by proclamation.
NOTE: S.M. 1987-88, c. 16 was proclaimed in force December 9, 1987.