Vol. 139, No. 19 — September 21, 2005

Registration
SOR/2005-255 August 31, 2005

PLANT PROTECTION ACT

Regulations Amending the Introduced Forest Pest Compensation Regulations

P.C. 2005-1495 August 31, 2005

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 Act (see footnote a), hereby makes the annexed Regulations Amending the Introduced Forest Pest Compensation Regulations.

REGULATIONS AMENDING THE INTRODUCED FOREST PEST COMPENSATION REGULATIONS

AMENDMENTS

1. (1) The portion of subsection 2(1) of the Introduced Forest Pest Compensation Regulations (see footnote 1) before paragraph (a) is replaced by the following:

2. (1) Subject to subsections (2) to (5), 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 the Plant Protection Regulations between May 1, 2000 and March 31, 2006, to dispose of one or more host trees, if the person

(2) Paragraph 2(1)(b) of the Regulations is replaced by the following:

(b) submits an application for compensation to the Minister on or before December 31, 2007.

COMING INTO FORCE

2. 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.)

Description

The purpose of the Plant Protection Act ("the Act") is to protect plant life (environment) 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), and where the Minister determines that, in the circumstances, it is necessary and cost-justifiable to control or eradicate plant pests.

Under section 39 of the Act, the Minister of Agriculture and Agri-Food may order compensation to be paid in support of eradication actions. In May 2004, the Introduced Forest Pest Compensation Regulations were promulgated to provide compensation to affected persons so that they may plant non-host trees to replace trees that were removed under the Canadian Food Inspection Agency (CFIA) management programs for each pest.

A description of the three pests and the current status follows:

Brown Spruce Longhorn Beetle (BSLB), (Tetropium fuscum)

In March 1999, the brown spruce longhorn beetle (BSLB), was found in dying red spruce trees in Point Pleasant Park in Halifax, Nova Scotia. This was the first known occurrence of this invasive forest pest in North America. It is believed that this pest arrived in Canada in solid wood packaging material brought through the port of Halifax. BSLB is an exotic pest of quarantine significance and a threat to trade in Canadian forest commodities and directly to the health of forests in North America.

Current Status

Eradication actions for BSLB began in July 2000. CFIA and Nova Scotia Department of Natural Resources are conducting ground and aerial surveys in the Halifax metropolitan area to determine the distribution of BSLB. Infested trees are being removed and disposed of in a concerted effort to eliminate the beetle.

Asian Long-horned Beetle (ALHB), (Anoplophora glabripennis)

In September 2003, the CFIA made a positive identification of the ALHB in Woodbridge, Ontario. This was the first confirmed find of ALHB attacking trees in Canada. The ALHB is an invasive alien species, native to Asia, and is known to kill healthy trees. Broadleaf trees at risk from this insect include all species of maple along with elm, poplars, alder and willow.

Current Status

The CFIA has implemented an aggressive campaign to control and eradicate this unwanted pest with the full cooperation of the City of Vaughan, the City of Toronto and other federal and provincial partners. Over the course of the spring and summer 2004, the CFIA conducted information sessions to provide the public with opportunities to learn about ALHB and to ask questions relating to the eradication plan.

Surveys have been on-going in Toronto and Vaughan since the completion of tree removal in March 2004. The surveys have identified additional trees that have been attacked by ALHB within the regulated area. In accordance with the ALHB Action Plan, all infested and susceptible trees will be removed prior to the ALHB's emergence. Surveys are continuing.

Emerald Ash Borer (EAB), (Agrilus plannipennis)

In July 2002, the United States Department of Agriculture (USDA) identified the EAB as the insect responsible for the death or decline of large numbers of ash trees in Detroit and the surrounding area in the State of Michigan. In August 2002, the EAB was also detected in the City of Windsor, Ontario and some neighbouring municipalities.

The EAB is an introduced beetle native to China and eastern Asia and had not been found in North America prior to the current infestations in Canada and the United States. In North America, the EAB has been found to kill millions of ash trees. In Asia, walnut and elm trees are also affected by EAB but there is no evidence to this point that these genera are attacked in North America.

Current Status

In January 2004, the CFIA undertook aggressive eradication actions to slow the spread of EAB by creating an ash-free zone targeting over 80,000 trees in the Regional Municipality of Chatham-Kent.

During 2004, CFIA pest surveys revealed a low level infestation of EAB in Chatham-Kent. The CFIA and the EAB Science Committee have evaluated the situation and have determined that the level of infestation in Chatham-Kent is still at a manageable level. There is a significant opportunity to reduce the spread based on current observations. The Agency continues to work in close cooperation with its partners and seek advice from the EAB Science Committee. The CFIA has undertaken tree removal activities targeting the removal of 34,000 ash trees to gain control of this low level infestation.

Alternatives

1. Maintain the status quo

The current Regulations do not allow for compensation past 2004. Persons that receive Notices in 2005 and 2006 would not be eligible for compensation even though they would have suffered losses similar to those people who were compensated in 2004.

2. Introduce Limited Compensation Regulations

Compensating those who have had trees removed complements the pest mitigation activities already conducted and allows those who have trees removed because of the presence of one of the three pests to apply for compensation. The authority in the Plant Protection Act for compensation is limited to the costs set out in the Regulation.

Benefits and Costs

Costs

Under these Regulations, the estimated direct cost of compensation for the three zones between January 1, 2005 and March 31, 2006 is estimated to be $5.75 million. This type of compensation is an income transfer and as such does not constitute a social cost.

$290,000 has already been paid in compensation under the existing Regulations for the period 2000 to 2004.

Regulations have to be made to allow compensation for certain losses incurred, but it is important to note that under the Act the Minister cannot pay compensation for future losses.

Benefits

The main benefit of the compensation is to support the implementation of the eradication measures by providing funds for planting of non-host species.

Consultation

The CFIA has made information available on the status of the eradication actions with respect to these three pests on a regular basis using public meetings, the Internet and other communication media. The CFIA Web site provides information on these pests including news releases, information bulletins, pest fact sheets, pest risk summaries, Frequently Asked Questions, posters and maps. The CFIA continues to distribute information as it becomes available.

The Regulation was pre-published in the Canada Gazette, Part I, on May 14, 2005 for a 15-day comment period. The Agency received one comment letter which was supportive of the amendment.

Compliance and Enforcement

No compliance issues have been identified.

Contact

Cameron Duff
Acting Director
Plant Health and Production Division
Canadian Food Inspection Agency
59 Camelot Drive
Nepean, Ontario
K1A 0Y9
Telephone: (6l3) 225-2342 (4347)
FAX: (613) 228-6628
E-mail: duffc@inspection.gc.ca

Footnote a

S.C. 1990, c. 22

Footnote 1

SOR/2004-113

NOTICE:
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