Asian Long-horned Beetle Compensation Regulations

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, 2008, to dispose of one or more host trees, if the person

• (a) has lost one or more host trees from a property as a result of the disposal and has planted on the same property one or more trees to replace the host tree or trees lost; and

• (b) submits an application for compensation to the Minister on or before December 31, 2009.

(2) No compensation may be paid in respect of a host tree disposed of if a tree of the genera Fraxinus is planted to replace it in a place where host trees have been destroyed because they were or could have been infested or they constituted or could have constituted a biological obstacle to the control of the Emerald Ash Borer.

(3) No compensation may be paid in respect of a host tree disposed of if a tree of the genera Picea is planted to replace it in a place infested by the Brown Spruce Longhorn Beetle.

(4) No compensation may be paid in respect of a host tree disposed of if a tree of the genera Acer, Aesculus, Betula, Celtis, Platanus, Populus, Salix, Sorbus or Ulmus or any other host genera of the Asian Long-horned Beetle is planted to replace it in a place where host trees have been destroyed because they were or could have been infested or they constituted or could have constituted a biological obstacle to the control of the Asian Long-horned beetle.

(5) No compensation may be paid in respect of any host tree disposed of on any of the following:

• (a) natural or wild areas, other than land used for woodlots, parks, sportsfields, recreation trails or similar recreational areas, golf courses, educational institutions or hospitals;

• (b) drainage ditches; and

• (c) utility or railway right-of-ways.