Vol. 147, No. 10 — May 8, 2013
SOR/2013-70 April 18, 2013
PLANT PROTECTION ACT
Regulations Amending the Plant Protection Regulations and the Plum Pox Virus Compensation Regulations, 2004
P.C. 2013-376 April 18, 2013
His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to paragraphs 47(a) and (q) of the Plant Protection Act (see footnote a), makes the annexed Regulations Amending the Plant Protection Regulations and the Plum Pox Virus Compensation Regulations, 2004.
REGULATIONS AMENDING THE PLANT PROTECTION REGULATIONS AND THE PLUM POX VIRUS COMPENSATION REGULATIONS, 2004
PLANT PROTECTION REGULATIONS
1. The portion of item 36 of Schedule II to the Plant Protection Regulations (see footnote 1) in column V is replaced by the following:
European brown garden snail, Cornu aspersum Müller
2. The Regulations are amended by replacing “Newfoundland” with “Newfoundland and Labrador” in the following provisions:
- (a) the portion of paragraph 40(1)(j) before subparagraph (i);
- (b) the portion of item 3 of Schedule I in columns II and III; and
- (c) in Schedule II,
- (i) the portion of items 29, 38 and 43 in column II,
- (ii) the portion of item 33 in column III,
- (iii) the portion of item 34 in columns II and III, and
- (iv) the portion of item 49 in columns II and IV.
PLUM POX VIRUS COMPENSATION REGULATIONS, 2004
3. The portion of subsection 2(1) of the Plum Pox Virus Compensation Regulations, 2004 (see footnote 2) before paragraph (a) is replaced by the following:
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
COMING INTO FORCE
4. These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
These regulatory amendments concern the Plant Protection Regulations (PPR) and the Plum Pox Virus Compensation Regulations, 2004 (PPVCR), both made pursuant to the Plant Protection Act (PPA). The purpose of the PPA is to protect plant life and the Agricultural and forestry sectors of the Canadian economy by preventing the importation, exportation and spread of plant pests (e.g. insects and diseases).
(1) The PPR complement the PPA by seeking to protect plant life and the Canadian agricultural and forestry sectors from plant pests.
The PPA and PPR contain provisions to prevent the spread of plant pests in Canada. This includes provisions that prohibit and restrict the movement of things that may be infested with a plant pest. Schedules I and II of the PPR set out details of prescribed movement prohibitions and restrictions, respectively, and contain references to scientific names of pests as well as names of places (e.g. provinces). Certain references in Schedule II of the PPR have not kept pace with changes in the naming of administrative units as well as with changes in scientific naming conventions. This is a potential source of confusion in the application of the movement restrictions. For example, references in Schedule II to Newfoundland and to Labrador are outdated since the Constitution Amendment of 2001 which formally substituted the expression “Province of Newfoundland and Labrador” for “Province of Newfoundland”. Furthermore, the scientific name for the European brown garden snail is not consistent with the current scientific naming convention.
(2) The Plum Pox Virus Compensation Regulations, 2004 (PPVCR) provide monetary compensation to tree fruit and nursery producers who are impacted by the Plum Pox Eradication Program (PPEP).
Plum pox virus (PPV) is a viral plant disease that infects Prunus species including peach, plum, apricots and other stone fruit plants. PPV was first discovered in Ontario and Nova Scotia in 2000. The Government of Canada responded in 2001 with a suppression and eradication program (PPEP) which expired on March 31, 2011.
Under the PPEP, infected trees, along with potentially infected host trees, were required to be destroyed. Costs associated with the removal of trees, the preparation of the soil for replanting, and the cost of the trees to be replanted was compensated through the PPVCR. Prior to the end of the PPEP, however, after the period during which a notice to dispose of trees infected with the plum pox virus must have been issued by an inspector for the person to be eligible for compensation (eligibility period) under the PPVCR expired, a total of 16 858 trees were removed based on confirmed PPV detections and disease epidemiology. Removals were undertaken to benefit either a continued eradication program or a monitoring/management program, which was ultimately selected.
Issues and objectives
(1) References to Newfoundland and Labrador in Schedules I and II to the PPR have been outdated since the Constitutional Amendment of 2001 which formally substituted the expression “Province of Newfoundland and Labrador” for “Province of Newfoundland”. This is a potential source of confusion in the application of the movement prohibitions and restrictions. Furthermore, the scientific name for the European brown garden snail in Schedule II of the PPR is not consistent with the current scientific naming convention.
(2) The period during which a notice to dispose of trees infected with the plum pox virus must have been issued by an inspector for the person to be eligible for compensation (eligibility period) under the PPVCR expired on December 31, 2010, three months before the end of the eradication program on March 31, 2011. Between January 1 and March 31, 2011, a total of 16 858 trees were removed under the eradication program. Growers are awaiting compensation from the Canadian Food Inspection Agency to cover tree removal, site preparation, and tree replacement costs. An amendment to the eligibility period is required to cover compensation for trees removed between expiration of the PPVCR and the actual eradication program.
(1) Bring the provincial and scientific names in Schedules I and II of the PPR up to date with current provincial and scientific nomenclature in order to clarify the application of movement prohibitions and restrictions.
(2) Extend the eligibility period in the PPVCR to provide Canadian stone fruit growers compensation for the removal of trees affected by PPV.
- References to Newfoundland and Labrador in Schedules I and II of the PPR will be updated to align with the current naming convention, while the scientific name for European brown garden snail in Schedule II of the PPR will be changed from Helix aspersa to Cornu aspersum.
- The period during which a person who has received a notice by an inspector to dispose of trees may be compensated under the PPVCR will be extended to notices issued up to March 31, 2011.
The three stone fruit growers affected by the eligibility period in the PPVCR are in full support of an extension to enable them to receive compensation for destroyed trees.
Regarding changes to the PPR, there was no need for consultations as these changes do not change the intent of the initial regulations and will not have any impact on stakeholders.
The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to this proposal, as there are no costs on small business.
Extending the eligibility period in the PPVCR will enable stone fruit growers to get compensation for trees destroyed as part of the PPEP and will ensure that the Government of Canada meets its commitments to stone fruit growers under the PPEP. It is estimated that it will cost $394,000 to compensate for the 16 858 trees destroyed.
Updating references to Newfoundland and to Labrador as well as the scientific name of the European brown garden snail in the PPR will facilitate the application of movement prohibitions and restrictions on things that may be infested with a plant pest.
Implementation, enforcement and service standards
This regulatory amendment does not entail any change in existing implementation, enforcement and service standards.
Plant Health and Safety Directorate
Canada Food Inspection Agency
59 Camelot Drive, Floor 2E, Room 220