Saskatchewan Western Livestock Price Insurance Premium Rebate Program Regulations, F-8.001 Reg 49

SASKATCHEWAN WESTERN LIVESTOCK 1 PRICE INSURANCE PREMIUM REBATE PROGRAM F-8.001 REG 49 The Saskatchewan Western Livestock Price Insurance Premium Rebate Program Regulations being Chapter F-8.001 Reg 49 (effective June 18, 2020). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. SASKATCHEWAN WESTERN LIVESTOCK 2 PRICE INSURANCE PREMIUM F-8.001 REG 49 REBATE PROGRAM Table of Contents PART 1 8 Calculation of premium rebate Preliminary Matters 9 Minister may extend program and dates 1 Title 10 Time of payment 2 Definitions PART 4 PART 2 General Program Establishment and Administration 11 Conditions for participating in program 3 Program established 12 Reconsideration by corporation 4 Account established 13 Overpayments 5 Corporation appointed to administer account 14 Fiscal year and program 15 Annual report PART 3 16 Coming into force and expiry Program Payments 6 Eligible producer 7 Approval of payments to producer SASKATCHEWAN WESTERN LIVESTOCK 3 PRICE INSURANCE PREMIUM REBATE PROGRAM F-8.001 REG 49 CHAPTER F‑8.001 REG 49 The Farm Financial Stability Act PART 1 Preliminary Matters Title 1 These regulations may be cited as The Saskatchewan Western Livestock Price Insurance Premium Rebate Program Regulations. Definitions 2 In these regulations: “account” means the Saskatchewan Western Livestock Price Insurance Premium Rebate Account established in the fund pursuant to section 4; “Act” means The Farm Financial Stability Act; “corporation” means the Saskatchewan Crop Insurance Corporation; “eligible livestock” means beef cattle on which livestock price insurance has been purchased; “eligible producer” means a producer who meets the criteria set out in section 6; “emergency declaration” means the emergency declaration made on March 18, 2020 pursuant to The Emergency Planning Act and renewed from time to time; “livestock price insurance” means insurance provided under the Western Livestock Price Insurance Program according to the provisions of The Western Livestock Price Insurance Program Regulations; “market disruption” means a disruption in the ability of eligible producers to market their eligible livestock caused by the emergency declaration or by any circumstance that, in the opinion of the minister, is related to health concerns and affects the marketing of cattle; “premium rebate payment” means a payment made pursuant to section 8; “producer” means an individual, a body corporate, a co-operative or a communal organization that is the operator of a farm, as determined by the corporation in accordance with the rules established in The Saskatchewan Crop Insurance Corporation Regulations; “program” means the Saskatchewan Western Livestock Price Insurance Premium Rebate Program established pursuant to section 3. 26 Jne 2020 c F-8.001 Reg 49 s2. SASKATCHEWAN WESTERN LIVESTOCK 4 PRICE INSURANCE PREMIUM F-8.001 REG 49 REBATE PROGRAM PART 2 Program Establishment and Administration Program established 3(1) The Saskatchewan Western Livestock Price Insurance Premium Rebate Program is established for the purposes of subsection 22(1) of the Act. (2) The purpose of the program is to provide financial assistance to Saskatchewan livestock producers who have purchased livestock price insurance and whose farm income from livestock operations is adversely affected by a market disruption. 26 Jne 2020 c F-8.001 Reg 49 s3. Account established 4(1) The Saskatchewan Western Livestock Price Insurance Premium Rebate Account is established in the fund for the purpose of administering the program pursuant to clause 24(2) (a) of the Act. (2) The Minister of Finance is authorized to deposit into the account: (a) all contributions from the Government of Canada that are directed to the account for the purposes of the program pursuant to an agreement made pursuant to subsection 22(2) of the Act; and (b) from moneys appropriated by the Legislature, all contributions of the Government of Saskatchewan to the program pursuant to an agreement made pursuant to subsection 22(2) of the Act. (3) The account consists of the following: (a) all contributions mentioned in subsection (2); (b) all other contributions from the Government of Canada that are directed to the account for the purposes of the program; (c) all other moneys appropriated by the Legislature for the purposes of the program; (d) all earnings on investments of the account; (e) all moneys donated to the account for the purposes of the program; (f) all other moneys received in the account for the purposes of the program. (4) All moneys payable to producers in accordance with these regulations are to be paid from the account. 26 Jne 2020 c F-8.001 Reg 49 s4. Corporation appointed to administer account and program 5(1) The Saskatchewan Crop Insurance Corporation is appointed, pursuant to clause 26(1)(b) of the Act, to: (a) administer the program; and (b) administer the account for the purposes of the program. SASKATCHEWAN WESTERN LIVESTOCK 5 PRICE INSURANCE PREMIUM REBATE PROGRAM F-8.001 REG 49 (2) For the purpose of administering the program and the account, the corporation has: (a) all the powers given to it pursuant to The Saskatchewan Crop Insurance Corporation Act; and (b) any other powers necessary to administer the program and the account. (3) Without limiting the generality of subsection (2), for the purpose of administering the program and the account, the corporation may: (a) appoint or engage any professional and technical personnel that may be required and determine their salaries and other remuneration; (b) employ any officers and other employees that the corporation considers necessary for its purposes; (c) make bylaws respecting the conduct of its proceedings and generally for the conduct of its activities; (d) audit and enforce program compliance; (e) enter into any agreement with any person, agency, organization, association, institution or body that the corporation considers advisable; (f) execute any bills of exchange, promissory notes and other negotiable or transferable instruments; (g) use any moneys received in the account for the purposes of the program: (i) to pay the expenses incurred by the corporation in administering the program and the account; and (ii) to make premium rebate payments to producers pursuant to the program; (h) invest any moneys in the account that are not presently required for the purposes of the program in any investments that are authorized pursuant to The Financial Administration Act, 1993 as investments for the general revenue fund; and (i) dispose of any investment made pursuant to clause (h), subject to the terms of the investment, in any manner, on any terms and in any amount that the corporation considers advisable. 26 Jne 2020 c F-8.001 Reg 49 s5. PART 3 Program Payments Eligible producer 6(1) A producer is an eligible producer for the purposes of the program if the producer satisfies the corporation of all of the following: (a) subject to section 9, the producer is the producer of eligible livestock for which livestock price insurance has been approved before September 1, 2020; SASKATCHEWAN WESTERN LIVESTOCK 6 PRICE INSURANCE PREMIUM F-8.001 REG 49 REBATE PROGRAM (b) the producer reports the majority of farm income from livestock operations pursuant to the Income Tax Act (Canada) in Saskatchewan; (c) the producer filed or will file an income tax return with respect to farm income from livestock operations in Saskatchewan for: (i) the year preceding the year for which an application is made pursuant to these regulations; or (ii) the year for which an application is made pursuant to these regulations; and (d) in the case of an individual, the producer is 18 years of age or older. (2) If a producer is a status Indian who carries on livestock operations on a reserve in Western Canada but has not filed income tax returns, the producer is eligible to participate in the program if the producer otherwise meets the eligibility criteria for the program. (3) In this section, “status Indian” means a person entitled to be registered within the meaning of section 6 of the Indian Act (Canada). 26 Jne 2020 c F-8.001 Reg 49 s6. Approval of payments to producer 7 If the corporation is satisfied that a producer is an eligible producer who meets the requirements set out in these regulations and who has complied with these regulations, the corporation may approve payment of a premium rebate payment to that producer in the amount calculated pursuant to section 8. 26 Jne 2020 c F-8.001 Reg 49 s7. Calculation of premium rebate 8(1) Subject to section 9, the premium rebate payment to an eligible producer is to be calculated on the basis of the premium paid, or to be paid, by or on behalf of the eligible producer for livestock price insurance approved before September 1, 2020. (2) Subject to section 9, the amount of the premium rebate payment for an eligible producer is the amount I calculated in accordance with the following formula: I = (AP - NP) x P where: I is the amount of the premium rebate payment; AP is the actual premium for livestock price insurance calculated for the eligible producer, including the impact of any increased volatility in livestock markets resulting from the market disruption, as determined by the corporation; SASKATCHEWAN WESTERN LIVESTOCK 7 PRICE INSURANCE PREMIUM REBATE PROGRAM F-8.001 REG 49 NP is the normal premium for livestock price insurance that would have been calculated for the producer in the absence of any increased volatility in livestock markets resulting from the market disruption, as determined by the corporation; P is: (a) 40%; or (b) if the Government of Canada makes a contribution to the account mentioned in section 4, a greater percentage determined by the corporation to reflect that contribution. 26 Jne 2020 c F-8.001 Reg 49 s8. Minister may extend program and dates 9(1) If the minister considers it to be necessary because of a renewal of the emergency declaration or because of another circumstance related to health concerns affecting the marketing of cattle and that it is in the public interest to do so, the minister may, by order, declare that an eligible producer is eligible for a premium rebate payment for livestock price insurance approved on or after September 1, 2020 and on or before a date not later than February 25, 2021. (2) If the minister makes a declaration pursuant to subsection (1), the calculation of an eligible producer’s premium rebate payment pursuant to section 8 is to be adjusted to reflect the date set out in the declaration. 26 Jne 2020 c F-8.001 Reg 49 s9. Time of payment 10(1) The corporation may pay premium rebate payments pursuant to the program in the manner and at the time determined by the corporation. (2) Without restricting the corporation’s power pursuant to subsection (1), if an eligible producer has not paid the full premium for the livestock price insurance at the date on which the premium rebate payment is to be paid, the corporation may apply the premium rebate payment to reduce the amount of the premium to be paid by the eligible producer. 26 Jne 2020 c F-8.001 Reg 49 s10. PART 4 General Conditions for participating in program 11(1) As a condition of participating in the program and receiving a premium rebate payment, an eligible producer must: (a) grant access, at any reasonable time, to land or facilities in which the eligible producer maintains livestock to any persons designated by the corporation to verify information required to verify: (i) the eligible producer’s eligibility; SASKATCHEWAN WESTERN LIVESTOCK 8 PRICE INSURANCE PREMIUM F-8.001 REG 49 REBATE PROGRAM (ii) the amount of a premium rebate payment that may be paid to the eligible producer; or (iii) the eligible producer’s compliance with these regulations; (b) consent to any other person, agency, organization, association, institution or body releasing information to the corporation respecting the eligible producer’s livestock operations; and (c) provide to the corporation, on the corporation’s request and within the period set by the corporation, any other information that the corporation may require to verify: (i) the eligible producer’s eligibility; (ii) the amount of a premium rebate payment that may be paid to the eligible producer; or (iii) the eligible producer’s compliance with these regulations. (2) No producer shall fail to comply with any condition set out in subsection (1). (3) No person shall supply any false or misleading information to the corporation on any application or in response to any request for information from the corporation. 26 Jne 2020 c F-8.001 Reg 49 s11. Reconsideration by corporation 12(1) In this section, “business day” means a day other than a Saturday, Sunday or holiday. (2) Subject to subsection (3), within 20 business days after a determination of a premium rebate payment by the corporation pursuant to these regulations, an eligible producer may request, in writing, that the corporation reconsider the determination. (3) The corporation may accept a written request by an eligible producer that is submitted 20 or more business days after a determination if the producer provides the corporation with evidence satisfactory to the corporation to show that there are extenuating circumstances for submitting the request after the expiry of the 20-business day period and that the eligible producer submitted the request as soon as the eligible producer was able to do so. (4) If the corporation receives a request pursuant to this section, the corporation shall reconsider the determination and may confirm, reverse or vary that determination. (5) Nothing in these regulations entitles an eligible producer to a hearing before the corporation. (6) Subject to subsection (7), on the basis of a request pursuant to this section or on its own initiative, the corporation may revise a determination of a premium rebate payment made pursuant to these regulations: (a) after reinspecting the livestock to which the determination relates; or (b) after receiving information that the initial determination was incorrect. SASKATCHEWAN WESTERN LIVESTOCK 9 PRICE INSURANCE PREMIUM REBATE PROGRAM F-8.001 REG 49 (7) The corporation must complete any revision of a determination of a premium rebate payment made pursuant to these regulations within one year after the date of the original determination. (8) If, after completing a revision of a determination pursuant to this section, the corporation determines that: (a) the eligible producer is entitled to a greater premium rebate payment, the corporation shall: (i) notify the eligible producer in writing of the entitlement to a greater premium rebate payment; and (ii) pay the difference to the eligible producer in the manner provided by section 10 as soon as is reasonably possible; or (b) the eligible producer is entitled to a lesser premium rebate payment: (i) the corporation shall notify the eligible producer in writing of the entitlement to a lesser premium rebate payment and the basis of the revision; and (ii) the eligible producer shall pay the difference to the corporation within the period specified by the corporation in the notice. 26 Jne 2020 c F-8.001 Reg 49 s12. Overpayments 13(1) The corporation may declare all or any portion of a premium rebate payment made to an eligible producer pursuant to these regulations to be an overpayment if the corporation is satisfied that: (a) the eligible producer has knowingly made a false or misleading statement with respect to a material fact on any form or in any information or document provided to the corporation pursuant to these regulations; (b) the eligible producer has knowingly omitted to make a statement or to provide any information or document if the omission results in a statement with respect to a material fact being misleading; or (c) the eligible producer has failed to comply with these regulations. (2) If the corporation declares all or any portion of a premium rebate payment to be an overpayment, the amount of the overpayment is deemed to be a debt due and owing to the Government of Saskatchewan and may be recovered from the eligible producer in any manner authorized pursuant to The Financial Administration Act, 1993 or in any other manner authorized by law. 26 Jne 2020 c F-8.001 Reg 49 s13. Fiscal year 14 The fiscal year for the program and the account is the fiscal year of the fund. 26 Jne 2020 c F-8.001 Reg 49 s14. SASKATCHEWAN WESTERN LIVESTOCK 10 PRICE INSURANCE PREMIUM F-8.001 REG 49 REBATE PROGRAM Annual report 15 The corporation shall report on the activities of the program and the account in its annual report prepared pursuant to The Saskatchewan Crop Insurance Corporation Act. 26 Jne 2020 c F-8.001 Reg 49 s15. Coming into force and expiry 16(1) These regulations come into force on the day on which they are filed with the Registrar of Regulations. (2) These regulations expire and are deemed to be repealed on March 31, 2023. 26 Jne 2020 c F-8.001 Reg 49 s16. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2020