Golden Nematode Compensation Regulations
SOR/2006-330
Registration 2006-11-30
Golden Nematode Compensation Regulations
P.C. 2006-1466 2006-11-30
Her Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to paragraph 47(q) of the Plant Protection ActFootnote a, hereby makes the annexed Golden Nematode Compensation Regulations.
Return to footnote aL.C. 1990, ch. 22
Interpretation
1 In these Regulations, golden nematode means the golden nematode (Globodera rostochiensis) in all its life stages including cysts that contain viable eggs or larvae.
Compensation
2 (1) Compensation is payable to a person in respect of the restriction imposed on the movement of potatoes within, into or out of a place under the Plant Protection Act or the Plant Protection Regulations if
(a) the potatoes were produced by the person in a field where golden nematode has been detected;
(b) the field is listed in the schedule or is in the area described in the Golden Nematode Infested Places Order, which was signed by the Minister on October 12, 2006; and
(c) the potatoes are disposed of by the person during the period beginning on August 2, 2006 and ending on August 30, 2007.
(2) The compensation shall not exceed the lesser of
(a) the direct costs incurred by the person for the disposition of the potatoes, and
(b) $22.00 per metric tonne of the potatoes that were disposed of, less the amount of compensation to which the person is entitled for those direct costs under any federal law or law of the Province of Quebec, any other compensation or insurance program, or an insurance contract.
Application for Compensation
3 (1) The compensation is payable on condition that the person submits an application for compensation to the Minister within six months after the date of publication of these Regulations in the Canada Gazette, Part II.
(2) The application must be made in writing on a form provided by the Minister and signed by the applicant and must include
(a) the applicant’s name, address and telephone number and, if applicable, the applicant’s facsimile number and e-mail address; and
(b) evidence to substantiate the direct costs incurred by the applicant for the disposition of potatoes.
(3) An applicant may amend an application for compensation at any time before the expiry of the period referred to in subsection (1).
(4) A person may submit or amend an application after the expiry of the period referred to in subsection (1) if
(a) there were exceptional circumstances beyond the person’s control that prevented the person from submitting or amending an application during that period; and
(b) the application is submitted or amended within 14 days after the day on which those circumstances cease to exist.
Coming into Force
4 These Regulations come into force on the day on which they are registered.
SCHEDULE 1(Paragraph 2(1)(b))
In this schedule, all coordinates are in reference to the Universal Transverse Mercator system (UTM), central meridian 75° W, zone 18, NAD 83.
The field at Saint-Wenceslas, Quebec, having the following coordinates:
North corner: N 5,116,347.04 m and E 707,063.87 m
East corner: N 5,115, 964.36 m and E 707,458.36 m
South corner: N 5,115,783.18 m and E 707,396.55 m
West corner: N 5,116,138.93 m and E 707,032.18 m
The field at Saint-Hyacinthe, Quebec having the following coordinates:
Northwest corner: N 5,052,449.33 m and E 654, 642.30 m
Northeast corner: N 5,052,458.13 m and E 654,761.79 m
Southeast corner: N 5,051,633.99 m and E 654,718.16 m
Southwest corner: N 5,051,628.39 m and E 654,594.35 m
- Date modified: