Pesticide Residue Compensation Act

Marginal note:Action by farmer

• 5 (1) No payment of compensation shall be made to a farmer under this Act in respect of a loss suffered by the farmer by reason of pesticide residue in or on an agricultural product until the farmer has taken any steps that the Minister considers necessary

  • (a) to reduce the loss suffered by the farmer by reason of that pesticide residue; and

  • (b) to pursue any legal action that the farmer may have against

    • (i) the manufacturer of the pesticide causing the residue in or on the product, or

    • (ii) every person responsible for the presence of the pesticide residue in or on the product.

• Marginal note:Legal action by Minister

  (2) Where he deems it necessary, the Minister may require, as a condition for the payment of any compensation to a farmer under this Act, the consent of that farmer for the Minister to pursue on his behalf any legal action against any manufacturer or person referred to in paragraph (1)(b).

• Marginal note:Amount of compensation

  (3) The Minister shall, in paying compensation, take into account any amounts realized by the farmer as a result of any steps taken pursuant to subsection (1) or as a result of any legal action taken on behalf of the farmer pursuant to subsection (2).

• Marginal note:Notification to Minister

  (4) Where a farmer realizes any amount from the disposition or use of any product or property in respect of which compensation may be or has been paid pursuant to this Act, he shall forthwith notify the Minister of the amounts so received and, if he has been paid any compensation by the Minister, shall repay to the Minister such compensation payment or part thereof as the Minister may direct.

• Marginal note:Recovery of overpayment

  (5) Where, for any reason, a farmer has been paid any compensation under this Act to which he is not entitled or compensation in an amount in excess of the compensation to which he is entitled, the amount thereof or the excess amount, as the case may be, may be recovered at any time as a debt due to Her Majesty.

• Marginal note:Action by Minister to reduce loss

  (6) Subject to regulations made under paragraph 4(g), the Minister may, with respect to any loss in respect of which compensation may be paid under this Act, undertake such course of action or pay such amount as he deems necessary to reduce that loss.

• Marginal note:Compensation not to affect other legal rights

  (7) Except as provided by this Act, no compensation paid under this Act affects the right of an aggrieved person to any legal remedy to which that person may be entitled.