INTERPRETATION

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

“host tree”

“host tree” means any tree of the genera Fraxinus or Picea, or of any host genera of the Asian Long-horned Beetle including Acer, Aesculus, Betula, Celtis, Platanus, Populus, Salix, Sorbus or Ulmus, that was or could have been infested or that constituted or could have constituted a biological obstacle to the control of a pest named in the schedule. (arbre hôte)

“infested”

“infested”, in relation to a host tree, means that an introduced forest pest named in the schedule is present in the tree. (parasité)

“person”

“person” means a person who

• (a) owned or had possession, care or control of a host tree; and

• (b) is named in a notice referred to in subsection 2(1). (personne)

PAYMENT OF COMPENSATION

• 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 during the period beginning on May 1, 2000 and ending on March 31, 2013, to dispose of one or more host trees, if the person

  • (a) has lost one or more host trees from a property as a result of the disposal and has planted on the same property one or more trees to replace the host tree or trees lost; and

  • (b) submits an application for compensation to the Minister on or before December 31, 2014.

• (2) No compensation may be paid in respect of a host tree disposed of if a tree of the genera Fraxinus is planted to replace it in a place where host trees have been destroyed because they were or could have been infested or they constituted or could have constituted a biological obstacle to the control of the Emerald Ash Borer.

• (3) No compensation may be paid in respect of a host tree disposed of if a tree of the genera Picea is planted to replace it in a place infested by the Brown Spruce Longhorn Beetle.

• (4) No compensation may be paid in respect of a host tree disposed of if a tree of the genera Acer, Aesculus, Betula, Celtis, Platanus, Populus, Salix, Sorbus or Ulmus or any other host genera of the Asian Long-horned Beetle is planted to replace it in a place where host trees have been destroyed because they were or could have been infested or they constituted or could have constituted a biological obstacle to the control of the Asian Long-horned beetle.

• (5) No compensation may be paid in respect of any host tree disposed of on any of the following:

  • (a) natural or wild areas, other than land used for woodlots, parks, sportsfields, recreation trails or similar recreational areas, golf courses, educational institutions or hospitals;

  • (b) drainage ditches; and

  • (c) utility or railway right-of-ways.