Questions and Answers - Amendments to the Phytophthora Ramorum Compensation Regulations

Q1. When is compensation paid to those affected by P. ramorum?

When the Canadian Food Inspection Agency (CFIA) detects a plant infested with P. ramorum (a quarantine pest for Canada) and takes regulatory action, individuals or companies may apply for compensation under the Phytophthora Ramorum Compensation Regulations. Regulatory action can involve ordering disposal and treatments, or imposing restrictions and/or prohibitions. If the CFIA orders plants to be destroyed or treated, the owner is eligible for compensation.

Q2. Who is eligible to apply for compensation?

The Phytophthora Ramorum Compensation Regulations compensate individuals and businesses that have incurred additional financial costs as a result of complying with notices to either dispose or carry out treatment. The regulations came into effect in June 2007 to provide compensation for individuals and companies affected by P. ramorum in the period from January 1, 2003 to December 31, 2008.

The Government of Canada is proposing to extend the application deadline for compensation to December 31, 2012 for people who receive a notice before December 31, 2010.

Q3. If I want to apply for compensation or if I have questions about compensation, whom should I contact?

If you are affected and you wish to apply for compensation or you have questions related to compensation you can call 1-800-442-2342.

Q4. Did the CFIA consult stakeholders before proposing amendments to the Regulations?

The CFIA received strong support from industry and provincial representatives for both continued eradication action and compensation. Consultations have been ongoing with the Province of British Columbia, other provinces, scientists and industry representatives since the original discovery of P. ramorum.

Q5. What will applicants be compensated for?

Compensation is intended to cover costs to nursery producers, wholesale, retail, landscape and private property owners to dispose of P. ramorum infected plant material and treat soil or other things (e.g equipment cleaning, etc.). Compensation payments will support the purchase of replacement plants as appropriate.

The CFIA does not compensate for future income losses and decreased land value, which may be subject to assistance from Agriculture and Agri-food Canada business risk management programs.

Compensation is provided to promote early reporting when pests are found and to assist producers in complying with their obligations to carry out eradication and control activities.

Q6. What is P. ramorum?

P. ramorum is a quarantine pest for Canada and its major trading partners. It causes a serious disease known as Sudden Oak Death. Disease detection of Sudden Oak Death has been limited to some forested areas of coastal California. Under Canadian conditions, P. ramorum can also infect a wide range of nursery plants where it causes a milder disease known as Ramorum Blight. Ramorum Blight has been detected in a few nurseries in British Columbia.

The Canadian pest risk assessment has been updated to indicate a lower risk of impacts to forest areas in Canada. However, strict harmonized regulatory controls are being maintained because P. ramorum is a concern to our trading partners and phytosanitary trade barriers could be implemented should Canada become infested.

Q7. How is P. ramorum spread?

The pathogen is principally spread by moving infected nursery stock. Infected plants cannot be readily cured of the disease with pesticides, so eradication can only be achieved by destroying infected plants.

Q8. Where has P. ramorum been detected in Canada?

The CFIA has detected P. ramorum on a few nursery plants in a few nurseries in south-west coastal British Columbia every year since 2003 and takes site-based eradication measures to prevent it from spreading.

Q9. How far can P. ramorum spread in Canada?

In 2008, a revised risk assessment for P. ramorum concluded that significant natural spread and environmental impacts are limited to the coastal fogbelt of California because of unique climatic conditions and host flora. As Canada does not share this ecosystem, the potential impact to Canada is limited.

However, nurseries remain a regulatory risk because they are important in the movement of P. ramorum. Also, some countries continue to regulate commodities that pose a risk for moving the pest. For this reason, it is important to maintain a pest-free environment to ensure access for Canadian products. The CFIA continues to work with counterparts in the United States and our other trading partners to establish appropriate harmonized regulations.