Interpretation

1 The following definitions apply in these Regulations.

disposition and treatment costs

disposition and treatment costs means any direct costs related to the disposition of plants and any treatment in accordance with a notice referred to in subsection 2(1), including direct costs related to the disposition or treatment of soil, pots and debris, the rental of bins, equipment or vehicles for hauling and disposal, the purchase or rental of supplies to contain and disinfect materials and equipment, and labour costs. (coûts de disposition et de traitement)

non-host plant

non-host plant means a plant that is not a host for Phytophthora ramorum. (végétaux non-hôtes)

Compensation

• 2 (1) Subject to subsections (2) to (4), 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 that Act or the Plant Protection Regulations during the period beginning on January 1, 2003 and ending on December 31, 2008, to dispose of one or more plants or carry out treatment as a result of the presence of Phytophthora ramorum, if the person

  • (a) owned or had possession, care or control of the plants to be disposed of, or the thing or place to be treated, at the time the person received the notice;

  • (b) has incurred a loss resulting from the disposition or treatment;

  • (c) has taken all reasonable measures to mitigate the loss; and

  • (d) submits an application for compensation to the Minister no later than December 31, 2010.

• (2) No compensation shall be paid for any portion of a loss referred to in paragraph (1)(b) for which compensation has been paid under these Regulations or has been paid or is payable under

  • (a) any program or measure under any federal or provincial law for the purpose of compensating for losses resulting from the presence of Phytophthora ramorum; or

  • (b) any insurance, compensation or reimbursement program or contract.

• (3) No compensation shall be paid in respect of a loss referred to in paragraph (1)(b) if the plant that is purchased to replace the plant disposed of is, at the time of purchase, a plant that is a host for Phytophthora ramorum.

• (4) No compensation shall be paid in respect of any plant disposed of that was, at the time that it was disposed of, in any of the following locations:

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

  • (b) drainage ditches; or

  • (c) utility or railway rights-of-way.

Amount of Compensation

• 3 (1) The amount of compensation to be paid to a person for a loss referred to in paragraph 2(1)(b) shall not exceed the total of

  • (a) for a plant included in the inventory of a business that sells plants at the wholesale or retail level, the value of the plant to the maximum amount set out in column 2 of the schedule for its size or its container size,

  • (b) for all other plants, the direct costs incurred by the person to replace the plant disposed of with a non-host plant, including the cost of acquiring the non-host plant, to a maximum of

    • (i) $4 per plant disposed of for plants having a container size of less than 1 gallon,

    • (ii) $15 per plant disposed of for plants having a container size greater than or equal to 1 gallon but less than 5 gallons,

    • (iii) $50 per plant disposed of for plants having a container size greater than or equal to 5 gallons, and

    • (iv) $300 per tree disposed of for trees greater than 7.6 cm calliper size, and

  • (c) the person’s disposition and treatment costs, if any.

• (2) The amount of compensation payable to a person for disposition and treatment costs relating to one or more notices referred to in subsection 2(1) that were received by the person shall not exceed the amount determined by the formula

  $1,200,000 + A

  where

  A

  is the lesser of $1,200,000 and the amount, if any, determined by the formula

  $80,000 × (B - 15)

  where

  B

  is the number of hectares of land in relation to which the disposition and treatment costs were incurred in accordance with the notices.

Application for Compensation

• 4 (1) An application for compensation must be on a form provided by the Minister and signed by the applicant 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 applicant’s name, address and telephone number and, if any, facsimile number and e-mail address;

  • (b) if applicable, evidence to substantiate that a plant was included in the inventory of a business that sells plants at the wholesale or retail level;

  • (c) evidence to substantiate the number of plants required to be disposed of and their genus or genera, and their container or calliper size, as the case may be;

  • (d) copies of all documents received by the applicant that relate to the disposition of the plants and treatment;

  • (e) evidence to substantiate the costs incurred by the applicant for the disposition and replacement of the plants and treatment;

  • (f) if applicable, evidence indicating any compensation that the applicant has received under any other program, measure or contract referred to in subsection 2(2); and

  • (g) a description of the measures that the applicant has taken to mitigate the loss.

• (2) An applicant may amend an application for compensation at any time before the day referred to in paragraph 2(1)(d).

• (3) An applicant may submit or amend an application after the day referred to in paragraph 2(1)(d) if

  • (a) there were exceptional circumstances beyond the applicant’s control that prevented the applicant from submitting or amending the application before that day; and

  • (b) the application is submitted or amended within 14 days after the day on which those circumstances cease to exist.

Other Conditions

5 The payment of compensation ordered in accordance with these Regulations is subject to the following conditions:

• (a) the applicant must keep books and records, accompanied by supporting documents, that are necessary to substantiate the information contained in the application for three years after the day on which the application is made; and

• (b) the applicant must make those books, records and supporting documents available on request, within the period during which they must be kept, for inspection or audit.

Coming into Force

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