Pesticide Residue Compensation Regulations (C.R.C., c. 1254)

Regulations are current to 2018-10-03

Pesticide Residue Compensation Regulations

C.R.C., c. 1254

PESTICIDE RESIDUE COMPENSATION ACT

Regulations Made Pursuant to the Pesticide Residue Compensation Act

Short Title

 These Regulations may be cited as the Pesticide Residue Compensation Regulations.

Interpretation

 In these Regulations,

Act

Act means the Pesticide Residue Compensation Act; (Loi)

applicant

applicant means a farmer who makes an application described in section 3. (demandeur)

Certificate of Designation of Inspector

 The certificate of designation furnished to an inspector shall be signed by the Deputy Minister of Agriculture, shall certify that the person named therein is an inspector for the purposes of the Act and shall show

  • (a) his name;

  • (b) the date of his designation; and

  • (c) his signature and photograph.

  • SOR/78-865, s. 1.

Application for Compensation

 Every application for compensation for loss occasioned by reason of a pesticide residue shall contain

  • (a) the name and address of the person making the application;

  • (b) the date of application;

  • (c) the name of the agricultural product in respect of which the application is made;

  • (d) the place where that agricultural product is usually sold;

  • (e) the place where that agricultural product was produced;

  • (f) the date and identification of the notice that the sale of that agricultural product would be contrary to the Food and Drugs Act or any regulations made thereunder;

  • (g) the kind, quantity and stage of production or marketing of that agricultural product;

  • (h) the steps, if any, taken by the applicant to reduce the loss for which the compensation is claimed;

  • (i) the steps, if any, taken to pursue any action in law against the manufacturer of the pesticide or against any person whose act or omission resulted in or contributed to the presence of the pesticide residue in or upon that agricultural product; and

  • (j) such other information as the Minister may require.

Compensation

 Where an application has been filed with the Minister, the Minister may pay compensation to the applicant to a maximum of 80 per cent of the monetary value of the agricultural product in respect of which the application is made, which value shall be determined in accordance with section 5.

  •  (1) For the purposes of section 4, where the agricultural product in respect of which an application is made is ready for sale at the place where it is usually sold by the applicant, the monetary value of the agricultural product shall be deemed to be the market value that the product would have had if it had been sold at the place where it is usually sold on the date of the notice referred to in paragraph 3(f).

  • (2) For the purposes of section 4, where the agricultural product in respect of which an application is made is at an incomplete stage of production or marketing and is not ready for sale at the place where it is usually sold by the applicant, the monetary value of the agricultural product shall be

    • (a) the market value that the product would have had at the place where the product is usually sold if it had been ready for sale and sold at that place on the date of the notice referred to in paragraph 3(f),

    minus

    • (b) the amount assessed by the Minister or a person designated by him as the amount by which the market value described in paragraph (a) should be reduced because the product is at an incomplete stage of production or marketing.

 No compensation under the Act and these Regulations shall be paid to the applicant unless the Minister is satisfied that the agricultural product was produced in Canada.

Reduction of Loss

 The Minister shall not undertake any course of action to reduce loss occasioned by pesticide residue if, in his opinion, the expenditure for such action together with the compensation payable to the applicant would be greater than the compensation payable under section 4 if no course of action to reduce loss were undertaken.

 
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