Vol. 140, No. 51 — December 23, 2006

Regulations Amending the Introduced Forest Pest Compensation Regulations

Statutory authority

Plant Protection Act

Sponsoring agency

Canadian Food Inspection Agency

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The purpose of the Plant Protection Act (the Act) is to protect plant life (environment) and the agricultural and forestry sectors of the Canadian economy by preventing the importation, exportation and spread of plant pests (e.g. insects and diseases), and where the Minister determines that, in the circumstances, it is necessary and cost-justifiable to control or eradicate plant pests.

Under section 39 of the Act, the Minister of Agriculture and Agri-Food may order compensation to be paid in support of eradication actions. Enacted in 2004 and amended in 2005, the Introduced Forest Pest Compensation Regulations (IFP Regulations) provide partial compensation to persons affected by the eradication action taken by the Canadian Food Inspection Agency (CFIA) to control the movement of three non-native forest pests. In order to be eligible for compensation, applicants must have replanted one or more trees to replace the tree that was ordered destroyed.

A description of the three pests and their current status follows:

Brown Spruce Longhorn Beetle (BSLB) [Tetropium fuscum]

In March 1999, the Brown Spruce Longhorn Beetle (BSLB) was found in dying red spruce trees in Point Pleasant Park in Halifax, Nova Scotia. This was the first known occurrence of this invasive forest pest in North America. It is believed that this pest arrived in Canada in solid wood packaging material brought through the port of Halifax. BSLB is an exotic pest of quarantine significance and is a threat to trade in Canadian forest commodities and directly to the health of forests in North America.

Current status

Eradication actions for BSLB began in July 2000. The CFIA now recognizes that the Regulated Area, officially established within the Halifax Regional Municipality, is generally infested with BSLB. In 2006–07, the CFIA intends to limit tree-cutting activities to support research or where confirmation of positive pest locations requires removal of trees. Although it is not anticipated that there will be extensive tree removal during the period April 1, 2006, to March 31, 2008, unforeseeable events, such as a larger-scale infestation, may necessitate more widespread tree removal.

Asian Long-horned Beetle (ALHB) [Anoplophora glabripennis]

In September 2003, the CFIA made a positive identification of the ALHB in Woodbridge, Ontario. This was the first confirmed find of ALHB attacking trees in Canada. The ALHB is an invasive quarantine insect, native to Asia, and is known to kill healthy trees. Broadleaf trees at risk from this insect include all species of maple, along with elm, poplars, alder and willow.

Current status

Surveys conducted for ALHB in 2005 did not identify a significant number of infested trees. However, several years of negative survey results are needed before the eradication program can be discontinued.

Emerald Ash Borer (EAB) [Agrilus plannipennis]

In July 2002, the United States Department of Agriculture (USDA) identified the EAB as the insect responsible for the death or decline of large numbers of ash trees in Detroit and the surrounding area in the State of Michigan. In August 2002, the EAB was also detected in the city of Windsor, Ontario, and in some neighbouring municipalities.

The EAB is an introduced beetle, native to China and eastern Asia, and had not been found in North America prior to the current infestations in Canada and the United States. In North America, the EAB has been found to kill thousands of ash trees. In Asia, walnut and elm trees are also affected by EAB but there is no evidence at this point that these genera are attacked in North America.

Current status

Future tree removals for EAB are expected to be limited to removals for research purposes and if recommended by the EAB science committee to eliminate isolated infestations outside any regulated areas. The strategy to control EAB is to slow its spread to the extent possible. The CFIA is not planning to remove any ash trees in the regulated areas of Essex county/ Chatham-Kent, Elgin county and Lambton county.

The IFP Regulations were extended in August 2005 (SOR/ 2005-255) to account for host trees that were removed throughout 2005 until March 31, 2006. These Regulations extended the deadline for receipt of a notice to March 31, 2006, and the deadline to apply for compensation to December 31, 2007.

Participation in the compensation program under the current Regulations has been relatively low. The overall program was originally estimated at $12 million. As of June 2006, the following approximate amounts have been allocated: ALHB: $440,000, EAB: $2.3 million, BSLB: $50,000, for an approximate total of $2.8 million. This total represents 23% of the estimated total participation in the program.

The CFIA management programs for the invasive forest pests are multi-year and will have to continue for the next few years. Future tree removals are expected to be fewer than in the past; however, compensation is needed to support control actions by minimizing the impact caused due to tree removals.

The CFIA is proposing to amend the Regulations to establish March 31, 2008, as the deadline for receipt of a notice and December 31, 2009, as the deadline to submit applications for compensation.

Alternatives

1. Maintain the status quo

The current Regulations do not allow for compensation past 2006. Tree owners who have received notices after March 31, 2006, would not be eligible for compensation even though they would have suffered similar losses.

2. Introduce limited compensation regulations

Compensating those who have had trees removed complements the eradication or control actions already conducted and allows those who have trees removed because of the presence of one of the three pests to apply for compensation. The authority in the Plant Protection Act for compensation is limited to the costs set out in the Regulations.

Benefits and costs

Costs

Under these Regulations, the direct cost of compensation for the three zones between April 1, 2006, and March 31, 2008, is estimated to be approximately $1 million.

Regulations have to be made to allow compensation for certain losses incurred, but it is important to note that the Act does not provide authority to compensate for future losses of income.

Benefits

The main benefit of the proposed compensation is to support the implementation of the control measures by providing funds for re-planting of non-host species.

Consultation

The CFIA has made information available on the status of the control actions with respect to these three pests on a regular basis using public meetings, the Internet and other communication methods, including the media. The CFIA Web site provides information on these pests, including news releases, information bulletins, pest fact sheets, pest risk summaries, FAQs, posters and maps. The CFIA continues to distribute information as it becomes available.

Compliance and enforcement

No compliance issues have been identified.

Contact

Mr. Greg Stubbings, Director, Plant Health Division, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario K1A 0Y9, 6l3-221-4316 (telephone), 613-228-6606 (fax), gstubbings@inspection.gc.ca (email).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to paragraph 47(q) of the Plant Protection Act (see footnote a), proposes to make the annexed Regulations Amending the Introduced Forest Pest Compensation Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Greg Stubbings, Director, Plant Health Division, Canadian Food Inspection Agency, 59 Camelot Drive, Ottawa, Ontario K1A 0Y9 (tel.: 613-221-4316, fax: 613-228-6606; e-mail: gstubbings@inspection.gc.ca).

Ottawa, December 14, 2006

MARY O'NEILL
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE INTRODUCED FOREST PEST COMPENSATION REGULATIONS

AMENDMENTS

1. (1) The portion of subsection 2(1) of the Introduced Forest Pest Compensation Regulations (see footnote 1) before paragraph (a) is replaced by the following:

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, 2008, to dispose of one or more host trees, if the person

(2) Paragraph 2(1)(b) of the Regulations is replaced by the following:

(b) submits an application for compensation to the Minister on or before December 31, 2009.

COMING INTO FORCE

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

[51-1-o]

Footnote a

S.C. 1990, c. 22

Footnote 1

SOR/2004-113

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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