Plum Pox Virus Compensation Regulations, 2004 (SOR/2005-131)

Interpretation

1 The following definitions apply in these Regulations.

certified tree

certified tree means a tree that meets

• (a) the requirements set out in a document referred to as D-83-44 that was prepared by the Food Production and Inspection Branch of Agriculture Canada and dated December 21, 1983, which document is available in both official languages from the Canadian Food Inspection Agency on request; or

• (b) equivalent requirements. (arbre certifié)

tested tree

tested tree means a tree propagated from budwood and clonal rootstock that originated from plants tested annually by the Canadian Food Inspection Agency and found negative for the presence of plum pox virus. (arbre testé)

tree

tree means an apricot, nectarine, peach or plum tree that is planted in an orchard for commercial production of tender fruit. (arbre)

Compensation

• 2 (1) Subject to subsection (4), the Minister may order that compensation be paid under subsection 39(1) of the Plant Protection Act to a person who has received notice, issued by an inspector under that Act or the Plant Protection Regulations between January 1, 2004 and March 31, 2011, to dispose of one or more trees as a result of the presence of the plum pox virus, if the person

  • (a) has incurred a loss as a result of costs related to the

    • (i) removal and disposition of the tree or trees,

    • (ii) preparation of soil for the planting of a tree of a type set out in column 1 of the schedule to replace a tree that has been disposed of, or

    • (iii) replacement of trees that have been disposed of if the replacement trees have been or will be planted in the same location or in another location that the person owns or has the possession, care or control of;

  • (b) has reported farm income for tender fruit sales in the year immediately preceding the year in which the notice was issued, the year in which the notice was issued or the year in which the loss occurred; and

  • (c) submits an application for compensation to the Minister within two years after the date of issuance of the notice.

• (2) The person may amend an application for compensation at any time before the end of the period referred to in paragraph (1)(c).

• (3) A person may submit an application after the end of the period referred to in paragraph (1)(c) if

  • (a) there were exceptional circumstances beyond the person’s control that prevented the person from submitting an application during that period; and

  • (b) the application is submitted within 14 days after the day on which those circumstances cease to exist.

• (4) No compensation shall be paid for a loss referred to in paragraph (1)(a) for which compensation has already been paid under these Regulations or has been paid or is payable under

  • (a) any other program or measure, under any federal or provincial law, for the purpose of compensating for losses resulting from the presence of the plum pox virus;

  • (b) any other compensation or insurance program; or

  • (c) an insurance contract.

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.

Other Conditions

5 The payment to an applicant of compensation ordered in accordance with these Regulations is subject to the following conditions:

• (a) the applicant must comply with any undertaking referred to in paragraph 4(h) that the applicant has given;

• (b) the applicant must keep books and records, accompanied by supporting documents, that are necessary to substantiate the information contained in the application for at least three years after the date on which the replacement trees of a type set out in column 1 of the schedule are planted; and

• (c) the applicant must make those books, records and supporting documents available on request, within the period during which they must be kept, for inspection or audit.

Exception

6 An applicant may fulfil an undertaking to prepare soil and plant replacement trees during the period referred to in subparagraph 4(h)(i) by preparing the soil and planting the replacement trees after the end of that period if

• (a) there were exceptional circumstances beyond the applicant’s control that prevented the applicant from purchasing tested trees or certified trees during that period; and

• (b) the trees were purchased and planted as soon as they became available.

Coming into Force

7 These Regulations come into force on the day on which they are registered.