Plum Pox Virus Compensation Regulations, 2004 (SOR/2005-131)
AMOUNT OF COMPENSATION
3. The amount of compensation payable for each tree shall not exceed
(a) for the removal and disposition of a tree of a type set out in column 1 of the schedule, the applicable amount set out in column 2;
(b) for the preparation of soil for planting a tree of a type set out in column 1 of the schedule to replace a tree that has been disposed of, the applicable amount set out in column 3 of the schedule in respect of the replacement tree, if the preparation has been done by the applicant or the applicant has undertaken to do it in the undertaking required by paragraph 4(h); and
(c) for the replacement of a tree that has been disposed of by a tree of a type set out in column 1 of the schedule, the amount from column 4 of the schedule that corresponds to that type of replacement tree, if the applicant has planted the replacement tree or has undertaken to plant it in the undertaking required by paragraph 4(h).
APPLICATION FOR COMPENSATION
4. 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 facsimile number and e-mail address, if any;
(b) the legal description of the land on which the tree is or was located;
(c) whether the applicant is a sole proprietorship, corporation, partnership, cooperative, association or organization and the names, addresses and telephone numbers of the owners or directors, as applicable;
(d) a copy of the Statement of Farming Activities (Form T2042) or Statement A — CAIS Program Information and Statement of Farming Activities for Individuals (Form T1163), whichever form was submitted with the applicant's income tax return for one of the following years for which the applicant reported farm income for tender fruit sales, namely, the year immediately preceding the year in which the notice referred to in subsection 2(1) was issued, the year in which the notice was issued or the year in which the loss occurred;
(e) evidence to substantiate the number of trees, the type or types of trees and the number of trees per tree type that were required to be disposed of;
(f) with respect to the disposition of trees
(i) copies of all documents received by the applicant that relate to the disposition of the trees,
(ii) evidence to substantiate the numbers of trees of each type set out in column 1 of the schedule that have been planted to replace the trees that were required to be disposed of and the location where the replacement trees were planted, and
(iii) evidence to substantiate that the replacement trees were tested trees or certified trees;
(g) if the applicant has ordered a replacement tree that has not yet been delivered to the applicant, evidence to substantiate the number of trees ordered and the location from which the trees were ordered; and
(h) with respect to compensation for the preparation of soil for the planting of a tree of a type set out in column 1 of the schedule that will be planted to replace a tree that was disposed of, an undertaking by the applicant
(i) that the applicant will prepare the soil and plant the replacement tree within three years after the date of the notice referred to in subsection 2(1) that required the disposition of the tree that was disposed of,
(ii) that the applicant will notify the Minister without delay after the planting of the replacement tree that the soil has been prepared and the tree has been planted and of the location where the tree was planted, and
(iii) that specifies the number of replacement trees of a type set out in column 1 of the schedule that will be planted, the location at which the trees will be planted and the type of each tree that will be planted.
