Plum Pox Virus Compensation Regulations, 2004

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 a notice, issued by an inspector under that Act or the Plant Protection Regulations between January 1, 2004 and December 31, 2010, 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.