SOR/2004-113

PLANT PROTECTION ACT

Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to paragraph 47(q) of the Plant Protection Act a, hereby makes the annexed Introduced Forest Pest Compensation Regulations.

a S.C. 1990, c. 22

Registration May 10, 2004

INTRODUCED FOREST PEST COMPENSATION REGULATIONS

1. The definitions in this section apply in these Regulations.

“host tree” means any tree of the genera Fraxinus or Picea, or of any host genera of the Asian Long-horned Beetle including Acer, Aesculus, Betula, Celtis, Platanus, Populus, Salix, Sorbus or Ulmus, that was or could have been infested or that constituted or could have constituted a biological obstacle to the control of a pest named in the schedule. (arbre hôte)

“infested”, in relation to a host tree, means that an introduced forest pest named in the schedule is present in the tree. (parasité)

“person” means a person who

(a) owned or had possession, care or control of a host tree; and

(b) is named in a notice referred to in subsection 2(1). (personne)

2. (1) Subject to subsections (2) to (5), the Minister may order that compensation be paid under subsection 39(1) of the Plant Protection Act to a person who has received a notice, issued by an inspector under the Plant Protection Regulations between May 1, 2000 and March 31, 2006, to dispose of one or more host trees, if the person

(a) has lost one or more host trees from a property as a result of the disposal and has planted on the same property one or more trees to replace the host tree or trees lost; and

(b) submits an application for compensation to the Minister on or before December 31, 2007.

(2) No compensation may be paid in respect of a host tree disposed of if a tree of the genera Fraxinus is planted to replace it in a place where host trees have been destroyed because they were or could have been infested or they constituted or could have constituted a biological obstacle to the control of the Emerald Ash Borer.

(3) No compensation may be paid in respect of a host tree disposed of if a tree of the genera Picea is planted to replace it in a place infested by the Brown Spruce Longhorn Beetle.

(4) No compensation may be paid in respect of a host tree disposed of if a tree of the genera Acer, Aesculus, Betula, Celtis, Platanus, Populus, Salix, Sorbus or Ulmus or any other host genera of the Asian Long-horned Beetle is planted to replace it in a place where host trees have been destroyed because they were or could have been infested or they constituted or could have constituted a biological obstacle to the control of the Asian Long-horned beetle.

(5) No compensation may be paid in respect of any host tree disposed of on any of the following:

(a) natural or wild areas, other than land used for woodlots, parks, sportsfields, recreation trails or similar recreational areas, golf courses, educational institutions or hospitals;

(b) drainage ditches; and

(c) utility or railway right-of-ways.

SOR/2005-255, s. 1.

3. The compensation to be paid to a person for the loss of host trees referred to in paragraph 2(1)(a) is the equivalent of the direct costs incurred by the person to plant trees to replace the host trees disposed of, including the cost of acquiring the replacement trees, to a maximum amount of

(a) $300 per host tree disposed of, if the location of the host tree disposed of is in an area that is zoned municipally for residential, commercial or industrial use, or for use for an educational institution or a hospital, and that is not referred to in paragraph (b) or (c);

(b) $150 per host tree disposed of, if the location of the host tree disposed of is on public land, including public land that is used as a park, sportsfield, recreation trail or similar recreational area and that is not referred to in paragraph (c); or

(c) $40 per host tree disposed of, if the location of the host tree disposed of is in a woodlot in an area zoned municipally for

(i) commercial or industrial use, or

(ii) livestock or vegetation-based agricultural use.

4. (1) The application for compensation must be completed on a form provided by the Minister and must include

(a) the applicant's name, address and telephone number and the applicant's facsimile number and e-mail address, if any;

(b) if the applicant is a corporation, the names, addresses and telephone numbers of the directors of the corporation;

(c) a statement of the amount paid by the applicant to replace the host trees that were disposed of;

(d) the locations where the host trees were before they were disposed of;

(e) copies of all documents received by the applicant that relate to the disposition of host trees;

(f) evidence to substantiate the number of host trees that were disposed of and the genus of those trees; and

(g) evidence, by receipts or solemn declaration, to substantiate the number of trees that were purchased by the applicant and that have been planted to replace the host trees that were disposed of and to substantiate the locations where the replacement trees were planted.

(2) An application for compensation may be amended at any time on or before the date referred to in paragraph 2(1)(b).

(3) An application for compensation may be submitted after the date referred to in paragraph 2(1)(b) if

(a) there were exceptional circumstances beyond the applicant's control that prevented the applicant from submitting an application on or before that date; and

(b) the application is submitted within 14 days after the day on which those circumstances ceased to exist.

5. The payment of compensation to a person is subject to the condition that the person must keep any books and records that are necessary to substantiate the information contained in the application for at least three years after the date on which the replacement trees are planted.

6. These Regulations come into force on the day on which they are registered.