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| B.C. Reg. 414/92 O.C. 1604/92 |
Deposited October 23, 1992 |
| This archived regulation consolidation is current to April 21, 2006 and includes changes enacted and in force by that date. For the most current information, click here. |
Plant Protection Act
[includes amendments up to B.C. Reg. 169/2000]
1 In this regulation:
"Abies spp." means true fir, and includes balsam fir, Fraser fir, grand fir, noble fir, Pacific silver fir, silver or white fir and sub-alpine fir;
"balsam woolly adelgid" means an insect of the species Adelges piceae (Ratz.);
"log" means a log of Abies spp. with any attached bark;
"quarantine zone" means an area established as a quarantine zone in Appendix A;
"tree" means a living tree of Abies spp.with roots, and includes
(a) a seedling, and
(b) a tree produced by tissue culture.
2 (1) A person who wishes to grow Abies spp. in British Columbia must obtain an annual permit from the B.C. Ministry of Agriculture and Food.
(2) A person who is granted a permit under subsection (1) to grow Abies spp. must treat the trees for balsam woolly adelgid control in a manner specified by the Minister of Agriculture, Fisheries and Food.
(3) Repealed. [B.C. Reg. 169/2000.]
[am. B.C. Reg. 169/2000.]
3 (1) A person must not move any tree of Abies spp. originating within a quarantine zone to an area in British Columbia outside a quarantine zone.
(2) Despite subsection (1), a person may move logs of Abies spp. out of a quarantine zone if the logs are transported and stored in water and promptly processed.
4 A person must not sell or move cut trees or foliage of Abies spp. anywhere in British Columbia between January 31 and November 1.
5 The sale and movement of cones and seeds of Abies spp. is permitted anywhere in British Columbia.
6 Retail outlets offering Abies spp. for sale which are found by an inspector to have infested trees must immediately treat the trees in a manner specified by an inspector or the inspector may order the destruction of the infested trees.
7 Inspectors appointed under the Provincial Plant Protection Act and the Federal Plant Protection Act are empowered to enforce the provisions of this regulation.
8 (1) If an inspector is of the opinion that this regulation or the intent of this regulation is being contravened, the inspector may serve upon the person who is responsible for the contravention a written notice of the contravention ordering that person to do such things as the inspector may order for the purpose of preventing any similar or further contravention.
(2) A person who neglects or refuses to comply with the order of an inspector contained in a notice under subsection (1) is guilty of an offence.
(3) An inspector who takes any action under subsection (1) must promptly give to the Director, Crop Protection Branch, a report of the action taken.
9 (1) A person who contravenes any of the provisions of this regulation is guilty of an offence.
(2) If a person is found guilty under subsection (1), in addition to any penalty imposed, the trees or logs in his or her possession may be destroyed.
Quarantine Zone
All lands in British Columbia lying south and west of a line commencing at a point being the intersection of
51— north latitude with 129— west longitude; thence easterly along said line of north latitude to a point being the intersection of said line with
123— west longitude; thence southerly along this line to its intersection with
50— north latitude; thence easterly along this line to the line of the Cascade Mountains as defined for administrative purposes in the Schedule to the Interpretation Act; thence in a generally southerly direction along this line to the United States/Canada international boundary
except
all lands on Vancouver Island (and all islands west of Vancouver Island) and lying generally north and west of a line commencing at a point being the intersection of
48— 48' north latitude with 125— 24' west longitude; thence northeasterly following the boundary of the Clayoquot Forest to its intersection with the westerly boundary of the Esquimalt and Nanaimo Railway Company's Land Grant; thence northeasterly to the mouth of China Creek; thence northerly along China Creek to the intersection with McFarland Creek; thence northerly along McFarland Creek to its source; thence northerly to the intersection of Stokes Creek and the south boundary of Highway Plan 824RW; thence in a northeasterly direction to the confluence of the most easterly section of the Qualicum River with Horne Lake; thence northerly along the Qualicum River to Qualicum Bay.
Note: This regulation replaces B.C. Reg. 7/77.
[Provisions of the Plant Protection Act, R.S.B.C. 1996, c. 365, relevant to the enactment of this regulation: section 8]
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