Pesticide Residue Compensation Act

Marginal note:Conditions for compensation

• 3 (1) Subject to this Act, the Minister may pay to a farmer, on such terms and conditions as are prescribed by the regulations, compensation for any loss suffered by the farmer as a result of the presence of pesticide residue in or on an agricultural product of that farmer, if

  • (a) the Minister receives from the Minister of Health written confirmation that an inspection of that product, made under the Food and Drugs Act, has disclosed the presence of pesticide residue in or on that product and that, as a result, the sale of that product would be contrary to that Act or the regulations made thereunder;

  • (b) the pesticide used is one registered under the Pest Control Products Act or deemed by any other Act of Parliament to be registered under that Act;

  • (c) in the opinion of the Minister, the pesticide was used in accordance with recommendations made by the department of agriculture of any province and approved by the Minister, or in accordance with practices recommended, directed or concurred in by the Minister; and

  • (d) the Minister is satisfied that the presence of the pesticide residue in or on the product is not due to any fault of the farmer, the farmer’s employee, agent or mandatary or of a previous owner of the land on which the product was grown, or that previous owner’s employee, agent or mandatary.

• Marginal note:Maximum amount of compensation

  (2) The compensation that may be paid to a farmer pursuant to subsection (1) in respect of any loss shall not exceed the maximum prescribed by the regulations.

• Marginal note:Minimum loss eligible for compensation

  (3) No compensation shall be paid to a farmer pursuant to subsection (1) in respect of a loss that is less than the minimum amount of loss prescribed by the regulations.