1 DROUGHT RELIEF (HERD RETENTION) PROGRAM F-8.001 REG 21 The Drought Relief (Herd Retention) Program Regulations Repealed by Saskatchewan Regulations 26/2010 (effective April 1, 2010) Formerly Chapter F-8.001 Reg 21 (effective August 14, 2002) as amended by Saskatchewan Regulations 105/2002, 118/2002, 10/2003 and 38/2003. 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. 2 DROUGHT RELIEF F-8.001 REG 21 (HERD RETENTION) PROGRAM Table of Contents 1 Title 2 Interpretation 3 Drought relief (herd retention) program established 4 Application for payment 5 Time limit for submitting applications 6 Approval of application 7 Calculation of drought relief payment 8 Conditions of program 9 Reconsideration 10 Overpayment 11 Coming into force Appendix Table 1 Animal Unit Equivalents Table 2 Drought Regions 3 DROUGHT RELIEF (HERD RETENTION) PROGRAM F-8.001 REG 21 CHAPTER F-8.001 REG 21 The Farm Financial Stability Act Title 1 These regulations may be cited as The Drought Relief (Herd Retention) Program Regulations. Interpretation 2 In these regulations: (a) “animal unit equivalent” means the animal unit equivalent assigned to a species of livestock, as set out in Table 1 of the Appendix; (b) “applicant” means a livestock producer who applies for a drought relief payment; (c) “application” means an application for a drought relief payment made pursuant to section 4; (d) “breeder association” means: (i) a cattle breeder association within the meaning of The Cattle Breeder Associations Loan Guarantee Regulations, 1991; or (ii) a sheep breeder association within the meaning of The Sheep Breeder Associations Loan Guarantee Regulations; (d.1) “domestic game farm animal” means a domestic game farm animal as defined in The Domestic Game Farm Animal Regulations; (e) “drought region” means a severe drought region, a high drought region or a moderate drought region; (f) “drought relief payment” means a drought relief payment calculated pursuant to section 7; (g) “eligible livestock” means: (i) bred females of any of the following species of livestock: (A) cattle; (B) horses; (C) sheep; (D) goats; (E) llamas; (F) alpacas; (G) domestic game farm animals; (H) bison; and 4 DROUGHT RELIEF F-8.001 REG 21 (HERD RETENTION) PROGRAM (ii) males of any of the following species of domestic game farm animals that are at least two years old and used for antler velvet production: (A) elk; (B) caribou; (C) reindeer; (D) white-tailed deer; (E) mule deer; (h) “health services number” means the unique number assigned to an individual who is registered as a beneficiary to receive insured services pursuant to The Saskatchewan Medical Care Insurance Act; (i) “high drought region” means any rural municipality or reserve land that is listed in Part II of Table 2 of the Appendix as a high drought region; (j) “Indian band” means a band as defined in the Indian Act (Canada) and includes the council of a band; (k) “livestock producer” means: (i) an individual who is: (A) a Saskatchewan resident; (B) 18 years of age or older; and (C) the operator of the eligible livestock that are the subject of an application; or (ii) a corporation, co-operative, partnership, communal organization or Indian band that is: (A) a Saskatchewan resident; and (B) the operator of the eligible livestock that are the subject of an application; (l) “livestock production acres” means land used by an applicant for the production of hay, greenfeed, chaff, straw or silage for consumption by the applicant’s eligible livestock; (m) “moderate drought region” means any rural municipality or reserve land that is listed in Part III of Table 2 of the Appendix as a moderate drought region; (n) “operator of the eligible livestock” means: (i) the owner of the eligible livestock, if the eligible livestock are ordinarily fed hay, greenfeed, chaff, straw or silage that is produced on livestock production acres that are owned or leased by the owner and located in a drought region; 5 DROUGHT RELIEF (HERD RETENTION) PROGRAM F-8.001 REG 21 (ii) the lessee of the eligible livestock, if the eligible livestock are ordinarily fed hay, greenfeed, chaff, straw or silage that is produced on livestock production acres that are owned or leased by the lessee and located in a drought region; or (iii) a member of a breeder association, if the eligible livestock are ordinarily fed hay, greenfeed, chaff, straw or silage that is produced on livestock production acres that are owned or leased by the member of the breeder association and located in a drought region; (o) “program” means the drought relief (herd retention) program established pursuant to section 3; (p) “reserve land” means reserve land within the meaning of the Indian Act (Canada); (q) “review committee” means any review committee that the minister may establish pursuant to The Government Organization Act for the purposes of these regulations; (r) “Saskatchewan resident” means: (i) in the case of an individual, an individual who holds a current Saskatchewan Health Services Card issued for the purposes of The Saskatchewan Medical Care Insurance Act; (ii) in the case of an individual who does not meet the requirements of subclause (i) or an entity other than an individual, an individual whom or an entity which the minister is satisfied: (A) filed an income tax return respecting farm income in Saskatchewan in the year preceding the year for which an application for a drought relief payment is made; or (B) filed or will file an income tax return respecting farm income in Saskatchewan in the year for which the application is made; or (iii) in the case of an Indian band, an Indian band whose reserve land is in Saskatchewan; (s) “severe drought region” means any rural municipality or reserve land that is listed in Part I of Table 2 of the Appendix as a severe drought region. 30 Aug 2002 cF-8.001 Reg 21 s2; 6 Dec 2002 SR 105/2002 s3. Drought relief (herd retention) program established 3(1) The drought relief (herd retention) program is established. (2) The purpose of the program is to provide financial assistance to livestock producers to relieve financial hardship caused by drought in certain regions of Saskatchewan during 2002. 30 Aug 2002 cF-8.001 Reg 21 s3. 6 DROUGHT RELIEF F-8.001 REG 21 (HERD RETENTION) PROGRAM Application for payment 4(1) An applicant who wishes to obtain a drought relief payment must apply to the minister on an application form supplied by the minister. (2) On an application, the applicant must: (a) specify the species and number of eligible livestock with respect to which the application is made; (b) confirm that the applicant, as at August 1, 2002, was the operator of the eligible livestock with respect to which the application is made; (c) specify the number and location of the applicant’s livestock production acres as at August 1, 2002; (d) specify the location where the applicant’s eligible livestock will be held over the 2002-2003 winter; (e) declare that the applicant will maintain the eligible livestock until at least May 1, 2003; (f) provide any details that the minister may require to determine that the livestock with respect to which the application is made are eligible livestock; (g) declare that no other application for a drought relief payment has been made or is to be made respecting the same eligible livestock; and (h) provide the minister with any additional information that the minister may reasonably require to determine the applicant’s eligibility for a drought relief payment or the amount of the applicant’s drought relief payment. (3) An applicant who is an individual must provide his or her health services number, for the purpose of verifying the applicant’s residency, age and compliance with these regulations. (4) If the applicant is a corporation, co-operative, partnership, communal organization or Indian band, on an application for a drought relief payment the applicant must, for the purposes of verifying residency and compliance with these regulations, provide the names and, if applicable, the health services numbers of the shareholders, partners, members or other individuals, as the case may be, who are associated with the applicant. 30 Aug 2002 cF-8.001 Reg 21 s4. Time limit for submitting applications 5(1) Subject to subsections (2) and (3), an application must be received by the minister on or before December 31, 2002 or, in the case of an application that is mailed, be postmarked on or before that date. (2) Subject to subsection (3), an application must be received by the minister on or before February 28, 2003 or, in the case of an application that is mailed, be postmarked on or before that date if the application is with respect to: (a) The Rural Municipality of Dufferin No. 190; (b) The Rural Municipality of Ituna Bon Accord No. 246; (c) The Rural Municipality of Emerald No. 277; or (d) Muskowekwan Indian Reserve No. 85-31. 7 DROUGHT RELIEF (HERD RETENTION) PROGRAM F-8.001 REG 21 (3) The minister may consider an application received or postmarked after December 31, 2002 or February 28, 2003, as the case may be, if: (a) the minister is satisfied that extenuating circumstances exist making it unreasonable or impossible for the application to have been received or postmarked on or before that date; and (b) where a review committee has been established, the review committee determines that extenuating circumstances exist and recommends to the minister that the application be considered.