SOR/2001-211

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 Plum Pox Virus Compensation Regulations.

a S.C. 1990, c. 22

Registration June 7, 2001

PLUM POX VIRUS COMPENSATION REGULATIONS

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

“certified tree” means a tree that meets

(a) the requirements set out in a document referred to as D-83-44 that was prepared by the Food Production and Inspection Branch of Agriculture Canada and dated December 21, 1983, which document is available in both official languages from the Canadian Food Inspection Agency on request; or

(b) equivalent requirements. (arbre certifié)

“infested” means that the plum pox virus is present in a tree. (parasité)

“tested tree” means a tree propagated from budwood and clonal rootstock that originated from plants tested annually by the Canadian Food Inspection Agency and found negative for the presence of plum pox virus. (arbre testé)

“tree” means an apricot, nectarine, peach or plum tree that is planted in an orchard for commercial production of tender fruit. (arbre)

SOR/2005-254, s. 1.

2. (1) The Minister may order that compensation be paid to a grower who has treated or disposed of a tree that is or could be infested in accordance with a notice under section 17 or 27 of the Plant Protection Regulations that is received by the grower in the years 2000 to 2003, if the grower

(a) reported taxable farm income for tender fruit sales in the year immediately preceding the year in which the notice was received;

(b) incurred a loss as a result of the treatment or disposal; and

(c) [Repealed, SOR/2001-338, s. 1]

(d) submits an application for compensation to the Minister within two years after the date of issuance of the notice.

(1.1) The Minister may order that compensation be paid to a grower for the preparation of the soil for the planting of trees of a type set out in column 1 of Table 2 to the schedule to replace the trees that have been disposed of, or for the replacement trees, only if the replacement trees

(a) have been or will be planted in the same location or in another location that the grower owns or has the possession, care or control of; and

(b) are certified trees or tested trees.

(2) The grower may amend an application for compensation at any time before the expiration of the period referred to in paragraph (1)(d).

(3) Despite paragraph (1)(d), a grower may submit an application after the expiration of the period referred to in that paragraph if

(a) there were exceptional circumstances beyond the grower’s control that prevented the grower from submitting an application during that period; and

(b) the application is submitted within 14 days after those circumstances cease to exist.

SOR/2001-338, s. 1; SOR/2005-254, s. 2.

3. The amount of compensation payable for each tree shall not exceed

(a) in the case of a tree that has been treated, the applicable amount set out in column 2 of Table 1 to the schedule in respect of the tree; and

(b) in the case of a tree that has been disposed of,

(i) for the disposition of the tree, the applicable amount set out in column 2 of Table 2 to the schedule in respect of the tree,

(ii) for the preparation of the soil for the planting of a tree of a type set out in column 1 of Table 2 to the schedule to replace the tree that has been disposed of, the applicable amount set out in column 3 of that Table in respect of the tree that has been disposed of, if the preparation has been done or the grower has undertaken to do it in the undertaking required by subparagraph 4(g)(iv), and

(iii) for a tree of a type set out in column 1 of Table 2 to the schedule to replace the tree that has been disposed of, the amount of $7.05, if the grower has planted the replacement tree or has undertaken to plant it in the undertaking required by subparagraph 4(g)(iv).

SOR/2001-338, s. 2.

4. The application for compensation shall be on a form provided by the Minister and signed by the grower and shall include the following information and documents and any other information and documents that are necessary for the Minister to determine that the application meets the requirements of these Regulations:

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

(b) the legal description of the land on which the tree is or was located;

(c) whether the grower is a sole proprietorship, corporation, partnership, cooperative, association or an organization and the names, addresses and telephone numbers of the owners or directors, as applicable;

(d) a copy of the Statement of Farming Activities (Form T2042) or Statement A — CAIS Program Information and Statement of Farming Activities for Individuals (Form T1163), whichever form was submitted with the grower's income tax return for one of the following years for which the grower reported farm income for tender fruit sales, namely, the year immediately preceding the year in which the notice referred to in subsection 2(1) was issued, the year in which the notice was issued or the year in which the loss occurred;

(e) evidence to substantiate the number of hectares of trees, the tree type or types and the number of trees per tree type that were required to be treated or disposed of;

(f) where the grower has applied for compensation as a result of being required to treat a tree, copies of all documents received by the grower that relate to the treatment, including

(i) proof of the treatment, including proof of purchase of any product used in the treatment, and

(ii) copies of all documents indicating when the treatment was applied and the application rate; and

(g) where the grower has applied for compensation as a result of being required to dispose of a tree,

(i) copies of all documents received by the grower that relate to the disposition,

(ii) evidence to substantiate the number of trees that were disposed of,

(iii) evidence to substantiate the numbers of the trees of each tree type set out in column 1 of Table 2 to the schedule that have been planted to replace the trees that were disposed of and the location where the replacement trees were planted,

(iii.1) evidence to substantiate that the replacement trees are certified trees or tested trees, and

(iv) if the grower is applying for compensation for the preparation of the soil in the future for the planting of a number of trees of a type set out in column 1 of Table 2 to the schedule that will be planted to replace the trees that were disposed of, and for those replacement trees, an undertaking by the grower

(A) that the grower will prepare the soil and plant those replacement trees within three years after the date of the notice referred to in subsection 2(1) that required the disposition of the trees that were disposed of, and will notify the Minister without delay after the planting that the soil has been prepared and the trees have been planted and of the location where the trees have been planted, and

(B) that specifies the number of the replacement trees of a type set out in column 1 of that Table that will be planted and the type of each tree that will be planted.

SOR/2001-338, s. 3; SOR/2005-254, s. 3.

4.1 The payment to a grower of compensation ordered in accordance with these Regulations is subject to the following conditions:

(a) the grower must keep the books and records, including supporting documents, that are necessary to substantiate the information contained in the application for at least three years after

(i) in the case of trees that have been treated, the date of the treatment, and

(ii) in the case of trees that have been disposed of, the date on which the replacement trees of a type set out in column 1 of Table 2 to the schedule are planted; and

(b) the grower must make those books and records available on request, within the period during which they must be kept, for inspection or audit.

SOR/2001-338, s. 4; SOR/2005-254, s.4(E).

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

TABLE 1

COMPENSATION RATES FOR TREATMENT

TABLE 2

COMPENSATION RATES FOR DISPOSITION AND SOIL PREPARATION

 SOR/2001-338, ss. 5 to 7.