Vol. 141, No. 6 — February 10, 2007

Regulations Repealing Certain Regulations Made Under the Plant Protection Act

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 Plant Protection Act protects plant life and the agricultural and forestry sectors of the Canadian economy by preventing the importation, exportation and spread of pests and by controlling or eradicating pests in Canada. It also permits the Government to make regulations: prohibiting or regulating the use of places that are, or are suspected of being, infested with pests and of things that are, or are suspected of being, pests or infested with pests or that constitute or could constitute biological obstacles to the control of pests; regulating plant propagation; and prescribing the terms and conditions on which compensation may be ordered.

Ash-Free Zone Regulations

The Ash-Free Zone Regulations (AFZ) [SOR/2004-137] were registered in 2004 and are being repealed by this proposal. The AFZ was created to remove the Emerald Ash Borer's (EAB) feeding and breeding material in an attempt to slow and control its natural easternly dispersal from Essex County, Ontario, into the municipality of Chatham-Kent. Among other things, the AFZ Regulations banned the propagation of ash trees within this zone.

However, the Canadian Food Inspection Agency (CFIA) has since detected the EAB in the municipality of Chatham-Kent, as well as in Lambton and Elgin Counties to the north and east respectively.

Given that EAB populations exist on both sides of the AFZ, it no longer serves its intended purpose and the propagation prohibition within the zone is unnecessary.

The repeal of the AFZ Regulations will not adversely impact on Ministerial Orders issued to slow and control the further spread of EAB in Ontario.

Plum Pox Virus Compensation Regulations

Among other terms and conditions, the Plum Pox Virus Compensation Regulations (SOR/2001-211) require that applications for compensation for the last of certain trees ordered disposed of before 2004 as a result of the presence of the Plum Pox Virus be submitted to the CFIA on or before December 31, 2005. As this date has now passed, these Regulations no longer serve their intended purpose and should be repealed.

Applications for compensation for certain trees that were ordered disposed of in or after 2004, as a result of the presence of the Plum Pox Virus, are determined by the terms and conditions of the Plum Pox Virus Compensation Regulations, 2004 (SOR/2005-131).

Alternatives

There are no alternatives to repealing these two regulations.

Benefits and costs

There are no costs associated with repealing these two regulations.

Consultation

The Ontario Critical Pest Management Committee, which includes Forestry Canada, the Province of Ontario and the CFIA, has recommended the repeal of the AFZ Regulations given that the zone no longer serves the purpose for which it was intended.

No consultation was conducted on the repeal of the Plum Pox Virus Compensation Regulations given that they no longer serve their intended purpose and a compensation program under the Plum Pox Virus Compensation Regulations, 2004 continues for the period prescribed.

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, 613-221-4316 (telephone), 613-228-6606 (fax), gstubbings@ inspection.gc.ca (email).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 47 (see footnote a) of the Plant Protection Act (see footnote b), proposes to make the annexed Regulations Repealing Certain Regulations Made Under the Plant Protection Act.

Interested persons may make representations concerning 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, February 1, 2007

MARY O'NEILL
Assistant Clerk of the Privy Council

REGULATIONS REPEALING CERTAIN
REGULATIONS MADE UNDER THE
PLANT PROTECTION ACT

REPEALS

PLUM POX VIRUS COMPENSATION REGULATIONS

1. The Plum Pox Virus Compensation Regulations (see footnote 1) are repealed.

ASH-FREE ZONE REGULATIONS

2. The Ash-Free Zone Regulations (see footnote 2) are repealed.

COMING INTO FORCE

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

[6-1-o]

Footnote a

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

Footnote b

S.C. 1990, c. 22

Footnote 1

SOR/2001-211

Footnote 2

SOR/2004-137

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.

	Top of page
Maintained by the Canada Gazette Directorate	Important notices