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Vol. 141, No. 9 — May 2, 2007
Registration
PLANT PROTECTION ACT Regulations Amending the Introduced Forest Pest Compensation Regulations P.C. 2007-551 April 19, 2007 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 (see footnote a), hereby makes the annexed Regulations Amending the Introduced Forest Pest Compensation Regulations.
REGULATIONS AMENDING THE INTRODUCED 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.
REGULATORY IMPACT (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 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 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 2006-2007, 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 An agressive eradication program for ALHB began in 2004, including the establishment of a Regulated Area in the Toronto-Vaughan region, ongoing surveys, and treatment (removal) of infested and at-risk host trees. Surveys conducted for ALHB in 2005 did not identify a significant number of infested trees. No infested trees were detected during 2006. An infestation consisting of several trees was discovered in January 2007 within the boundaries of the Regulated Area. Delimitation surveys are underway, as are the preliminary stages of treatment in the infested area. The insects in the newly discovered infested area are unlikely to spread at this time, due to the cold weather. 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 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 US. 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 will 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. Two trees infested with EAB were discovered in London, Ontario (Middlesex County) in November 2006 during routine CFIA surveillance. Surveys are ongoing in the regulated counties, as well as the neighbouring counties of Huron, Perth, Oxford and Middlesex. Province-wide EAB surveys are curently being developed. 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. The current amendments represent the second extension to the Regulations. For each extension, the status of the pest is evaluated and risk management strategies are adjusted accordingly. 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; and 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 minimising the impact caused by tree removals. The CFIA is amending 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 Act for compensation is limited to the costs set out in the Regulations. Benefits and costs Costs Under these Regulations, the estimated 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 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 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. The Regulation was pre-published in the Canada Gazette, Part I on December 23, 2006 for a 30-day comment period. No comments were received. Compliance and enforcement No compliance issues have been identified. Contact
Mr. Greg Stubbings
S.C. 1990, c. 22 SOR/2004-113
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