SOR/2004-137

PLANT PROTECTION ACT

Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to section 47 a of the Plant Protection Act b, hereby makes the annexed Ash-Free Zone Regulations.

a S.C. 1993, c. 34, s. 103

b S.C. 1990, c. 22

Registration May 19, 2004

ASH-FREE ZONE REGULATIONS

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

“Act” means the Plant Protection Act. (Loi)

“Agency” means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (Agence)

“ash” means any tree or plant or part of a tree or plant in the genus Fraxinus, living or dead, that is capable of harbouring, supporting or transporting a specified pest. (frêne)

“movement certificate” means a document, issued under the Act and signed by an inspector, that authorizes the movement of things within Canada. (certificat de circulation)

“regulated area” means the area set out in the schedule. (zone réglementée)

“regulated article” means ash or any product of ash, including nursery stock, trees, logs, lumber, wood, wood chips, bark or bark chips. (produit réglementé)

“specified pest” means an emerald ash borer (Agrilus planipennis) in any of its life stages. (parasite nuisible)

2. (1) Subject to section 3, every person who is the owner or has the possession, care or control of a regulated article in the regulated area must destroy it or move it in accordance with a movement certificate.

(2) No person who owns or has the management or control of land in the regulated area shall allow an ash tree to grow from seed, sprout or culture on that land.

(3) No person shall — from seed, by transplant or otherwise — grow, raise, culture or produce an ash tree within the regulated area.

(4) No person, other than an inspector, shall

(a) move a specified pest or regulated article out of the regulated area except in accordance with a movement certificate;

(b) move into the regulated area a specified pest or regulated article that originated from an area outside the regulated area except in accordance with a movement certificate; or

(c) move a regulated article through the regulated area unless

(i) the article is in a container that is sealed or closed in a manner that prevents the escape of, access to, removal of or release of the article or any specified pest, and

(ii) the article is conveyed through the regulated area without any stopping that is not authorized in writing by an inspector in accordance with a movement certificate.

3. Section 2 does not apply to a regulated article

(a) that has all bark and the underlying wood removed to a minimum depth of 2.5 cm;

(b) that has been chipped to less than 2.5 cm in size in any dimension;

(c) that has been heat-treated to a minimum core temperature of 56°C for at least 30 minutes; or

(d) that is moved in accordance with a movement certificate and maintained in a container that is sealed or closed in a manner that prevents the escape of, access to, removal of or release of any specified pest in the container for a period of at least one year.

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

IN THE PROVINCE OF ONTARIO, more particularly described as follows:

ALL THAT PART OF the Municipality of Chatham-Kent within an area commencing at the confluence of the north bank of the Thames River and the shore of Lake St. Clair;

THENCE eastwards along the north bank of the Thames River to Baptiste Creek;

THENCE southwards along the east bank of Baptiste Creek to a point of intersection with a line extending from Dashwheel Road;

THENCE southeastwards along said line and Dashwheel Road to Chatham-Kent Regional Road 36;

THENCE southwestwards along Chatham-Kent Regional Road 36 to Chatham-Kent Regional Road 1;

THENCE southwards along Chatham-Kent Regional Road 1 to Canal Street East in the town of Tilbury;

THENCE northeastwards along Canal Street East to Ella Street South;

THENCE southeastwards along Ella Street South and Chatham-Kent Regional Road 5 extended through by a line to a point of intersection with the north shore of Lake Erie;

THENCE eastwards along the shore of Lake Erie to a point of intersection with a line extending from Chatham-Kent Regional Road 7;

THENCE northwestwards along said line and Chatham-Kent Regional Road 7 to Chatham-Kent 3rd Line;

THENCE northwards along Chatham-Kent Regional Road 7 to Chatham-Kent Regional Road 36;

THENCE northeastwards along Chatham-Kent Regional Road 36 to Chatham-Kent Regional Road 35;

THENCE northwestwards along Chatham-Kent Regional Road 35 and Jacob Road to St. Philippes Line;

THENCE southwestwards along St. Philippes Line and a line extending through to a point of intersection with the east shore of Lake St. Clair; and

THENCE southwards along the shoreline of Lake St. Clair to the point of commencement.