SOR/2004-211

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 Potato Wart Compensation Regulations, 2003.

a S.C. 1990, c. 22

Registration September 30, 2004

POTATO WART COMPENSATION REGULATIONS, 2003

1. In these Regulations, “potato wart” means the potato disease caused by the presence of the soil-borne fungal pathogen, Synchytrium endobioticum.

2. (1) Subject to subsection (4), if a notice has been issued by the Canadian Food Inspection Agency after December 31, 2001, for any treatment, prohibition, restriction or disposition referred to in the Plant Protection Act or the Plant Protection Regulations as a result of the presence of potato wart, compensation shall be paid to a person who

(a) has suffered a loss as a result of the treatment, prohibition, restriction or disposition;

(b) has reported taxable business or farm income in the year immediately preceding the year or during the year in which the notice was issued or the year in which the loss occurred;

(c) has taken all reasonable measures to mitigate the loss, including,

(i) selling crops, other than potatoes, that have been grown at a place that is subject to a restriction,

(ii) selling potatoes infested or suspected of being infested with potato wart for purposes other than the purpose for which they were grown,

(iii) applying for compensation to another department or organization, or

(iv) applying for compensation under an insurance or service contract; and

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

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

(3) A person may submit an application after the expiry of the period referred to in paragraph (1)(d) if

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

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

(4) No compensation shall be awarded under these Regulations for a loss referred to in paragraph (1)(a) for which compensation has already been awarded under

(a) these Regulations;

(b) the Potato Wart Compensation Regulations;

(c) any other compensation legislation or measure, including regulations made under the Plant Protection Act for the purposes of compensating for losses resulting from the presence of potato wart; or

(d) any other compensation program including, but not limited to, an insurance contract.

3. The compensation to be paid to a person for a loss referred to in paragraph 2(1)(a) shall be equivalent to the direct costs that were paid by the person in respect of a loss suffered as a result of a measure described in column 1 of the table to this section, but shall not exceed the amount set out in column 2.

TABLE

4. An application for compensation must be on a form provided by the Minister and signed by the applicant and must include the following information and documents, together with any other information and documents that are necessary for the Minister to determine whether the application meets the requirements of these Regulations:

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

(b) a legal description of the place in respect of which the applicant is making the application;

(c) a copy of every notice issued in respect of the place referred to in paragraph (b);

(d) whether the applicant is a sole proprietorship, corporation, partnership, cooperative, association or organization and the names, addresses and telephone numbers and, if applicable, the facsimile numbers and e-mail addresses of its owners or directors, as the case may be;

(e) evidence to substantiate the amount of the loss, including

(i) the applicant's costs of obtaining a substitute place for the production of potatoes and a copy of every agreement, if any, with respect to the substitute place that was in effect during the time that potato production on the original place was restricted,

(ii) the direct costs paid by the applicant for the disposition of potatoes or potato by-products,

(iii) an itemized list of the equipment and places, including the potato processing and storage facilities, in respect of which treatment was required,

(iv) the number of times that the treatment referred to in subparagraph (iii) occurred, and

(v) the direct costs paid by the applicant for the treatment referred to in subparagraph (iii); and

(f) evidence that the applicant has made every reasonable effort to mitigate the loss.

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