Interpretation

1 The definitions in this section apply in these Regulations.

Category A land

Category A land means the land described in Schedule 1. (terrain de catégorie A)

Category B land

Category B land means any field that lies in whole or in part within 0.5 km of Category A land. (terrain de catégorie B)

Category C land

Category C land means any field that has had direct contact with equipment used on Category A land. (terrain de catégorie C)

potato wart

potato wart means the potato disease caused by the presence of the soil-borne fungal pathogen, Synchytrium endobioticum. (gale verruqueuse de la pomme de terre)

Compensation

• 2 (1) The Minister may order that compensation be paid to a grower who operates a farm for the production of potatoes on Category A, B or C land that the grower owns or leases and who

  • (a) received a notice in the year 2000 or 2001 under the Plant Protection Act or the Plant Protection Regulations and disposed of potatoes or potato by-products, treated equipment or a place used in the production of potatoes or was prohibited or restricted from using a place because of infestation or suspected infestation by potato wart;

  • (b) reported taxable farm income from the sale of potatoes in the year immediately preceding the year in which the notice was received;

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

  • (d) has taken all reasonable measures to mitigate the loss, including, if applicable,

    • (i) selling crops, other than potatoes, that have been grown on land 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, and

    • (iii) applying for compensation other than under these Regulations, including under an insurance contract; and

  • (e) submits an application for compensation to the Minister within three years after the date of receipt of the notice.

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

• (3) A grower may submit an application after the expiry of the period referred to in paragraph (1)(e) if

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

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

Amount of Compensation

Category A Land

• 3 (1) The compensation to be paid to a grower who operates a farm on Category A land must not exceed

  • (a) in respect of a loss suffered because of a prohibition imposed on the use of that land, the cost of renting replacement land for any year in which potatoes would have been grown on the original land in accordance with the usual crop rotation for that land, to a maximum of $875 per hectare per year;

  • (b) in respect of a loss suffered because of the disposal of potatoes and potato by-products, the total of the grower’s direct costs for the disposal, to a maximum of $40,000;

  • (c) in respect of a loss suffered because of the cleaning and disinfection of potato processing or storage facilities, the total of the grower’s direct costs for the cleaning and disinfection, to a maximum of $60,000; and

  • (d) in respect of a loss suffered because of the cleaning and disinfection of equipment used on the land, the total of the grower’s direct costs for the cleaning and disinfection.

• (2) The total amount of compensation paid under paragraph (1)(a) must not exceed the fair market value of the land.

Category B Land

• 4 (1) The compensation to be paid to a grower who operates a farm on Category B land must not exceed

  • (a) in respect of a loss suffered because of a restriction imposed on the use of that land, the cost of renting replacement land for any year in which the potatoes would have been grown on the original land in accordance with the usual crop rotation for that land, to a maximum of $875 per hectare per year;

  • (b) in respect of a loss suffered because of the disposal of potatoes or potato by-products, the total of the grower’s direct costs for the disposal, to a maximum of $30,000; and

  • (c) in respect of a loss suffered because of the cleaning and disinfection of equipment used in the production of a crop referred to in Schedule 2, the total of the grower’s direct costs for the cleaning and disinfection that were incurred from the date of issuance of the notice requiring the cleaning and disinfection to July 4, 2001, to a maximum of the applicable amount set out in Table 1, 2 or 3 of that Schedule.

• (2) The total amount of compensation paid under paragraph (1)(a) must not exceed the fair market value of the land.

Category C Land

5 The compensation to be paid to a grower who operates a farm on Category C land must not exceed

• (a) in respect of a loss suffered because of the disposal of potatoes or potato by-products, the total of the grower’s direct costs for the disposal, to a maximum of $30,000; and

• (b) in respect of a loss suffered because of the cleaning and disinfection of equipment used in the production of a crop referred to in Schedule 2, the total of the grower’s direct costs for the cleaning and disinfection that were incurred from the date of issuance of the notice requiring the cleaning and disinfection to July 4, 2001, to a maximum of the applicable amount set out in Table 1, 2 or 3 of that Schedule.

Other Compensation

6 The compensation to be paid in respect of a loss suffered because of the transportation of soil from a potato processing or storage facility back to the field from which it originated must not exceed the total of the grower’s direct costs for the transportation, to a maximum of $20 per tonne.

7 The compensation to be paid in respect of a loss suffered because of supplying additional water for the cleaning and disinfection of equipment, in the case where the Prince Edward Island Department of Agriculture and Forestry is unable to provide an adequate supply, must not exceed the total of the grower’s direct costs for supplying the additional water, to a maximum of $700 per field per year.

8 The compensation to be paid in respect of a loss suffered because of the acquisition of crushed stone for use in constructing a cleaning and disinfection pad in or near a field where there is equipment to be cleaned and disinfected must not exceed the total of the grower’s direct costs for the stone and construction of the pad, to a maximum of $25 per tonne.

Application for Compensation

9 An application for compensation must be on a form provided by the Minister and signed by the grower 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 grower’s name, address and telephone number and, if applicable, the grower’s facsimile number and e-mail address;

• (b) the legal description of the land in respect of which the grower is making the application;

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

• (d) whether the grower 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) if the land owned or leased by the grower is Category A land,

    • (A) the grower’s costs of renting replacement land for the production of potatoes,

    • (B) the grower’s direct costs for the disposal of potatoes and potato by-products,

    • (C) an itemized list of the equipment that was required to be cleaned and disinfected, the number of times that the cleaning and disinfection occurred and the grower’s direct costs for the cleaning and disinfection, and

    • (D) an itemized list of the potato processing and storage facilities that were required to be cleaned and disinfected, the number of times that the cleaning and disinfection occurred and the grower’s direct costs for the cleaning and disinfection,

  • (ii) if the land owned or leased by the grower is Category B land,

    • (A) the grower’s costs of renting replacement land for the production of potatoes and a copy of every lease on the replacement land that was in effect during the time that potato production on the original land was restricted,

    • (B) the grower’s direct costs for the disposal of potatoes and potato by-products, and

    • (C) an itemized list of any equipment set out in the applicable table to Schedule 2 that was required to be cleaned and disinfected, the number of times that the cleaning and disinfection occurred and the grower’s direct costs for the cleaning and disinfection,

  • (iii) if the land owned or leased by the grower is Category C land,

    • (A) the grower’s direct costs for the disposal of potatoes and potato by-products, and

    • (B) an itemized list of any equipment set out in the applicable table to Schedule 2 that was required to be cleaned and disinfected, the number of times that the cleaning and disinfection occurred and the grower’s direct costs for the cleaning and disinfection,

  • (iv) if the loss was incurred because of transporting soil from a potato processing or storage facility back to the field from which it originated, the grower’s direct costs for the transportation,

  • (v) if the loss was incurred because of supplying additional water for the cleaning and disinfection of equipment in the case where the Prince Edward Island Department of Agriculture and Forestry is unable to provide an adequate supply, the grower’s direct costs for supplying the additional water, and

  • (vi) if the loss was incurred because of the acquisition of crushed stone for use in constructing a pad for the cleaning and disinfection of equipment, the grower’s direct costs for the stone and construction of the pad; and

• (f) evidence to substantiate that the grower has made every reasonable effort to mitigate the loss.

Coming into Force

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