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B.C. Reg. 100/2022
O.C. 205/2022
Deposited April 11, 2022
This consolidation is current to April 2, 2024.
See the Cumulative B.C. Regulations Bulletin 2024
for amendments effective after April 2, 2024.
Link to consolidated regulation (PDF)
Link to Point in Time

Plant Protection Act

Spongy Moth Eradication Regulation

[Last amended April 24, 2023 by B.C. Reg. 109/2023]

Contents
1Definitions
2Powers of inspectors
3Limits on powers
Schedule

Definitions

1   In this regulation:

"Btk" means an insecticide containing Bacillus thuringiensis var. kurstaki as its active ingredient;

"buffer zone" means the area shown in grey surrounding a treatment zone on the map in the Schedule that relates to that treatment zone;

"pesticide droplet monitoring card" means a card which is used to determine the number, density and size of droplets of pesticide spray deposited at a particular location;

"spongy moth" means the following species of moth:

(a) Lymantria albescens;

(b) Lymantria dispar;

(c) Lymantria dispar dispar;

(d) Lymantria umbrosa;

"treatment period" means the period that begins April 1 and ends October 31;

"treatment zone" means a specified area outlined in heavy black on a map in the Schedule.

[am. B.C. Reg. 109/2023, s. 2.]

Powers of inspectors

2   (1) Subject to the limits set out in section 3, an inspector has the following powers:

(a) to undertake treatment within a treatment zone by applying Btk, using an aerial or ground spray;

(b) to enter on land in a treatment zone to do any of the following:

(i) search for and remove spongy moth eggs;

(ii) search for spongy moths;

(iii) set or retrieve traps for spongy moths;

(c) to enter on land in a treatment zone or buffer zone to set or retrieve pesticide droplet monitoring cards.

(2) For the purposes of subsection (1) (a), a treatment may consist of the application of Btk over multiple days if, due to mechanical, meteorological or any other reason, Btk cannot be applied throughout the treatment zone in a single day.

(3) Nothing in subsection (1) (a) limits an authorization granted under the Integrated Pest Management Act for overspray or drift from treatment to pass into the buffer zone.

[am. B.C. Reg. 109/2023, s. 3.]

Limits on powers

3   An inspector may exercise powers under section 2 only as follows:

(a) Btk may be applied in a treatment zone only during the treatment period;

(b) no more than 4 treatments may be undertaken during the treatment period;

(c) land in a treatment zone may be entered for a purpose set out in section 2 (1) (b) only during the treatment period;

(d) land in a treatment zone or buffer zone may be entered for a purpose set out in section 2 (1) (c) only during the treatment period.

Schedule

[en. B.C. Reg. 109/2023, s. 4.]

[Provisions relevant to the enactment of this regulation: Plant Protection Act, R.S.B.C. 1996, c. 365, ss. 3 and 8.]