Agricultural Products Insurance Act, 1996

Bills that amended this Act0

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Sections42

• 1Definitions

  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 t…

• 1.
• [s1]

  Contracts of Insurance

• Section Amendments with date in force (d/m/y)
• 2Non-application of Insurance Act

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

• 2.
• 2.1Contracts 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

• 3.
• 3Agreements 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.
• 4Repealed

  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

• 5.
• 5Terms 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 co…

• 6.
• [s7]
• 6Not regulations

  6 The acts of AgriCorp in exercising its powers and performing its duties mentioned in sections 2.1 and 5 shall be deemed to be of an administrative and not of a legislative nature. 1996, c. 17, Sched. C, s. 6; 2010, c. 16, Sched. 1, s. 1 (12). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 1, s. 1 (12) - 1/07/2014

• [s8]

  Enforcement

• 7.
• Section Amendments with date in force (d/m/y) #8
• 7Inspectors

  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.

• 8.
• 8Inspection

  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 agricultural products 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. 1996, c. 17, Sched. C, s…

• 9.
• 10.
• 9Assistance 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 …

• [s12]
• 10Appeal to Tribunal

  10 (1) A person aggrieved by a decision of AgriCorp in relation to a contract of insurance, including a decision of whether to enter into a contract of insurance, may appeal that decision to the Tribunal. 2019, c. 14, Sched. 3, s. 5 (1). 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 any person specified by the regulations made under this Act within the time specified by the regulations. 1999, c. 12, Sched. A, s. 7 (2); 2019, c. 14, Sched. 3, s. 5 (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 final and binding on the parties. 1999, c. 12, Sched. A, s. 7 (2); 2019, c. 14, Sched. 3, s. 5 (3). (5) R…

• [s13]

  Miscellaneous

• 11.
• Section Amendments with date in force (d/m/y) #13
• 11Fund

  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 as the Ontario Agricultural Products Insurance Fund in English and as the Caisse d’assurance des produits agricoles de l’Ontario in French. 2015, c. 6, s. 7. 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. Not public money (2.1) The money that AgriCorp collects in performing its functions under this Act, and any interest accrued from investing that money, shall not be considered public money for the purposes of the Financial Administration Act. 2019, c. 14, Sched. 3, s. 6. Management of Fund (2.2) AgriCorp may financially manage the Fund. 2019, c. 14, Sched. 3, s. 6. Payments out of Fund (3) AgriCorp shall pay out of th…

• 12.
• 11.1Regulations by Minister

  11.1 The Minister may make regulations respecting any matter necessary or advisable to carry out effectively the purpose or intent of this Act including, (a) designating agricultural products for the purposes of this Act; (a.1) governing the manner in which appeals under section 10 may be commenced, including anything referred to in subsection 10 (2) as being specified by the regulations; (b) defining any word or expression used in this Act that has not already been expressly defined in this Act. 2015, c. 6, s. 8; 2019, c. 14, Sched. 3, s. 7. Section Amendments with date in force (d/m/y) 2015, c. 6, s. 8 - 1/09/2015 2019, c. 14, Sched. 3, s. 7 (1, 2) - 10/12/2019

• 13.
• 12Repealed

  12 Repealed: 2019, c. 14, Sched. 3, s. 8. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. A, s. 7 (3) - 22/12/1999 2010, c. 16, Sched. 1, s. 1 (15) - 1/07/2014 2019, c. 14, Sched. 3, s. 8 - 10/12/2019

• 14.
• 13Repealed

  13 Repealed: 2019, c. 14, Sched. 3, s. 8. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. A, s. 7 (4) - 22/12/1999 2010, c. 16, Sched. 1, s. 1 (16) - 1/07/2014 2019, c. 14, Sched. 3, s. 8 - 10/12/2019

• 15.
• 14

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

• 16.
• 15

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

• 16

  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. ______________