B.C. Reg. 123/2004, deposited March 26, 2004, pursuant to the FARM INCOME INSURANCE ACT [Sections 2 and 6]. Order in Council 276/2004, approved and ordered March 25, 2004.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the attached Farm Income Plans Regulation is made.

— J. van DONGEN, Minister of Agriculture, Food and Fisheries; G. COLLINS, Presiding Member of the Executive Council.

FARM INCOME PLANS REGULATION

Definitions

1 In this regulation:

"Agriculture Income Stabilization Trust Fund" means the trust fund that

(a) was established under the authority of order in council 403/98 by the minister charged with the administration of the Financial Administration Act, and

(b) is renamed under section 4 of this regulation;

"farm income plan" means a plan continued under section 2 or established under section 3;

"federal provincial agreement" means, in relation to a farm income plan, the federal provincial agreement that establishes the terms and conditions for the plan, as set out in section 3;

"trustees" means the individuals designated in writing by the minister charged with the administration of the Financial Administration Act as the trustees of the Agriculture Income Stabilization Fund.

Terms and conditions of Whole Farm Insurance Program

2 (1) The Whole Farm Insurance Program (WFIP) farm income plan is continued, the terms and conditions for which are contained in the following documents, copies of which are on file with the Deputy Minister of Agriculture, Food and Fisheries:

(a) for claimants whose fiscal year end falls in the 1997 calendar year, the British Columbia Whole Farm Insurance Pilot Program (WFIP) — 1997 Guide to Making a Claim;

(b) for claimants whose fiscal year end falls in the 1998 calendar year, the British Columbia Whole Farm Insurance Pilot Program (WFIP) Program Guidelines which includes "Important — Claim Deadline — 1998 Taxation Year: July 31, 1999" on the front page;

(c) for claimants whose fiscal year end falls in the 1999 calendar year, the British Columbia Whole Farm Insurance Pilot Program (WFIP) Program Guidelines which includes "Important — Claim Deadline — 1999 Taxation Year: July 31, 2000" on the front page;

(d) for claimants whose fiscal year end falls in the 2000 calendar year, the British Columbia Whole Farm Insurance Program (WFIP) Program Guidelines — 2000 Taxation Year;

(e) for claimants whose fiscal year end falls in the 2001 calendar year, the British Columbia Whole Farm Insurance Program (WFIP) Program Guidelines — 2001 Taxation Year;

(f) for claimants whose fiscal year end falls in the 2002 calendar year, the British Columbia Whole Farm Insurance Program (WFIP) Program Guidelines — 2002 Taxation Year.

(2) The minister responsible for the administration of the Farm Income Insurance Act may modify the terms and conditions of the Whole Farm Insurance Program and any modification must be kept on file with the Deputy Minister of Agriculture, Food and Fisheries.

Terms and conditions of other farm income plans

3 (1) The following are established as farm income plans:

(a) the Canadian Farm Income Program (CFIP), the terms and conditions for which are contained in the Federal-Provincial Agreement Establishing the Canadian Farm Income Program, signed by the minister on March 8, 2001, a copy of which is on file with the Deputy Minister of Agriculture, Food and Fisheries;

(b) the Canadian Agricultural Income Stabilization Program (CAISP), the terms and conditions for which are contained in Annex A — Federal/Provincial Agreement Re-Establishing the Net Income Stabilization Account (NISA) Program of the Canada-British Columbia Implementation Agreement, Agriculture Policy Framework, signed by the minister on June 13, 2003, a copy of which is on file with the Deputy Minister of Agriculture, Food and Fisheries;

(c) the Whole Farm Negative Margin Insurance Program (NMI), the terms and conditions for which are contained in the British Columbia Negative Net Margin Insurance (NMI) Pilot Program — 2001-2003 Policy Wording and the Canada British Columbia Agreement Establishing the Negative Net Margin Insurance Pilot Program, signed by the minister on March 30, 2001, a copy of which is on file with the Deputy Minister of Agriculture, Food and Fisheries;

(d) the Zero Out Net Margin Program (ZNMP), the terms and conditions for which are contained in the Canada-British Columbia Agreement to "Zero Out" Negative Margins in the CFIP reference Period, signed by the minister on March 30, 2001, a copy of which is on file with the Deputy Minister of Agriculture, Food and Fisheries;

(e) the Agriculture Income Disaster Assistance Program (AIDA), the terms and conditions for which are contained in the Federal-Provincial Agreement Establishing the Agricultural Income Disaster Assistance Program, signed by the minister on December 22, 1999, a copy of which is on file with the Deputy Minister of Agriculture, Food and Fisheries.

(2) The minister responsible for the administration of the Farm Income Insurance Act and the minister responsible for the administration of the Farm Income Protection Act (Canada) may modify, in accordance with the procedures set out in the applicable federal provincial agreement, the terms and conditions of a farm income plan under this section and any modification must kept on file with the Deputy Minister of Agriculture, Food and Fisheries.

Agriculture Income Stabilization Trust Fund

4 (1) The Whole Farm Insurance Program Trust Fund authorized by Order in Council 403/98 is renamed the Agriculture Income Stabilization Trust Fund.

(2) The trustees may be authorized to pay money out of the Agriculture Income Stabilization Trust Fund for the following purposes:

(a) to make payments to eligible farmers in accordance with the terms and conditions of the farm income plans;

(b) to pay, in accordance with the terms and conditions of a farm income plan continued under section 2 or established under section 3, the administrators retained to administer the farm income plan;

(c) to pay for the administration and management of the trust fund;

(d) to pay reinsurance premiums;

(e) to repay advances to the trust fund made by contributors in excess of their required contributions;

(f) to repay money paid into the trust fund in error.

Appeals

5 The trustees' failure or refusal to pay an appropriate amount of money under a farm income plan is appealable in accordance with the procedures set out in the terms and conditions for the farm income plan.

Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada