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)

• 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, 2010, 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, 2012.

• (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 and land belonging to education institutions or hospitals;

  • (b) drainage ditches; or

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