Acts and Regulations

P-9.4 - Potato Disease Eradication Act

Table of contents
Full text
Repealed on 1 September 2011
CHAPTER P-9.4
Potato Disease Eradication Act
Assented to June 14, 1979
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“agent” means a person appointed under section 2;(représentant)
“approved seed potatoes” means any seed potatoes that meet the requirements established in accordance with this Act and the regulations for approved seed potatoes;(pommes de terre de semence approuvées)
“Board” Repealed: 2003, c.2, s.1
“bulk certificate” means a bulk certificate issued pursuant to this Act or the regulations or the Seeds Act;(certificat de transport en vrac)
“container” means any crate, bag or other container used for storing, containing or transporting potatoes;(récipient)
“danger zone” means lands designated as a danger zone under the regulations;(zone dangereuse)
“disinfection” means the treatment by inspectors or other persons authorized by the Minister under section 5, of places, vehicles and equipment for the purpose of eradicating prescribed diseases;(désinfection)
“equipment” means any machinery, implement or other equipment used in planting, cultivating or harvesting of potatoes;(matériel)
“infected potatoes” means potatoes infected by a prescribed disease;(pommes de terre contaminées)
“inspector” means any person appointed as an inspector under section 4;(inspecteur)
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries;(Ministre)
“peace officer” means a peace officer as defined in the Motor Vehicle Act;(agent de la paix)
“place” includes any land, premises and buildings of any description other than a dwelling place;(lieu)
“potato” includes any part of the potato plant;(pomme de terre)
“prescribed disease” means those diseases prescribed by regulation;(maladie déterminée)
“producer” means any person owning, leasing, or otherwise utilizing more than a quarter of a hectare of land for the purpose of growing potatoes;(producteur)
“seed potatoes” means any seed, tuber or vegetative part of potatoes that is or is intended to be used for the propagation or regeneration of potatoes;(pommes de terres de semence)
“Seeds Act” means the Seeds Act, chapter S-7 of the Revised Statutes of Canada, 1970 and regulations thereunder;(Loi relative aux semences)
“tag” means a tag issued under the Seeds Act;(étiquette)
“variety” means a type, variety, size, grade or class of potatoes.(variété)
1986, c.8, s.101; 1994, c.36, s.1; 1996, c.25, s.28; 2000, c.26, s.242; 2003, c.2, s.1; 2007, c.10, s.75; 2010, c.31, s.105
Administration
2The Minister is responsible for the administration of this Act and may appoint a person as his agent who shall administer all or a portion of this Act subject to the supervision and direction of the Minister and subject to the regulations.
Establishment of advisory council
2.1An advisory council is established to advise the Minister on any question submitted to it with respect to the eradication of potato diseases in the Province.
2010, c.38, s.1
Maximum acceptable levels of PVY may be determined by Minister
2.2After considering the advice of the advisory council, the Minister may, by order, determine the maximum acceptable levels of PVY for all seed potatoes that are tested for disease in accordance with the regulations.
2010, c.38, s.1
Regulations Act does not apply
2.3The Regulations Act does not apply to an order made by the Minister under section 2.2.
2010, c.38, s.1
Prohibition on planting or growing seed potatoes
2.4No person shall plant or grow in the Province any seed potatoes referred to in section 2.2 if the levels of PVY detected in them are in excess of the acceptable levels of PVY as set by the Minister.
2010, c.38, s.1
Repealed
3Repealed: 2003, c.2, s.2
1986, c.8, s.101; 1994, c.36, s.2; 1999, c.N-1.2, s.119; 2000, c.26, s.242; 2003, c.2, s.2
Designation
3.1The Minister may designate by Order in Council a body or person to establish the categories of approved seed potatoes in respect of which permits to plant seed potatoes are required and the terms and conditions that are to be met respecting the application for and the issuance, holding, suspension, cancellation, reinstatement and renewal of those permits, including varying the terms and conditions on the basis of different purposes for which the seed potatoes are to be used, different origins of the seed potatoes, different areas in which the seed potatoes are to be planted or any other factor.
1994, c.36, s.3; 2003, c.2, s.3
Application of Regulations Act
3.2(1)The Regulations Act does not apply to categories or terms and conditions established by a body or person designated by the Minister under section 3.1.
3.2(2)The Regulations Act does not apply to an Order in Council made under section 3.1.
1994, c.36, s.3; 2003, c.2, s.4
Appointment and powers of inspectors
4(1)The Minister may appoint persons to be inspectors for the purpose of carrying out the provisions of this Act and the regulations.
4(2)An inspector may, for the purpose of determining the variety of potatoes or ascertaining the existence of any prescribed disease, at any reasonable time
(a) enter and search any place where he has reason to believe that potatoes are present;
(b) stop and search any vehicle or equipment where he has reason to believe that potatoes are present;
(c) seize and detain potatoes, vehicles or equipment containing potatoes, or containers where he has reason to believe that they contain or did contain potatoes, until such time as an investigation can be made to determine the variety of potatoes or to ascertain the existence of any prescribed disease; and
(d) carry out such tests and investigations as he considers necessary.
4(3)An inspector acting under subsection (2) may request the assistance of a peace officer.
4(3.1)An inspector before entering and searching any place under paragraph (2)(a) shall make a reasonable effort to obtain permission to enter and search from the person he believes to be the owner of that place.
4(3.2)Where permission has not been forthcoming under subsection (3.1), an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.
4(4)An inspector shall be furnished with a certificate of his appointment as an inspector and in the course of his duties under subsection (2) shall, if so requested, produce the certificate.
4(5)The owner or person in charge of any place and every person found therein and the owner or person in charge of the vehicle, equipment, containers or potatoes shall give an inspector all reasonable assistance in his power to enable the inspector to carry out his duties and functions under this Act and the regulations and shall furnish him with such information with respect to the administration of this Act and the regulations as he may reasonably require.
4(6)No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act or the regulations.
4(7)No person shall knowingly make a false or misleading statement either verbally or in writing to an inspector engaged in carrying out his duties or functions under this Act or the regulations.
1986, c.6, s.34; 1987, c.6, s.82; 1997, c.19, s.1
Authorization to disinfect and to treat potatoes
5The Minister may authorize inspectors or other qualified persons to disinfect places, containers, vehicles and equipment and to treat potatoes for the purpose of eradicating prescribed diseases.
Seed potatoes
6(1)No person shall plant or grow potatoes other than approved seed potatoes that have been tested for disease in accordance with the regulations.
6(2)A person shall retain all tags, certificates issued under paragraph 26(1)(g.1), bulk certificates, and other matter prescribed by regulation that is relevant to the identification of potatoes or their source with respect to potatoes planted or grown by him, for a period of one year after planting and shall provide them to an inspector for inspection upon the inspector’s request.
1989, c.30, s.1; 1991, c.46, s.1; 1994, c.36, s.4
Notification to inspector of prescribed disease
7Any producer who discovers or suspects the presence of a prescribed disease in his potato crop shall immediately notify an inspector.
Prohibition regarding planting and storage
8No producer whose lands are within the boundary of a danger zone or whose lands have produced infected potatoes, or who has been notified by an inspector that his place, containers or equipment have been contaminated or on reasonable grounds are suspected of being contaminated by a prescribed disease shall
(a) plant potatoes or permit them to be planted on the lands within the boundary of a danger zone, the lands that produced infected potatoes, or the land specified in the notice, or
(b) shall store potatoes or permit them to be stored on or in any place or containers specified in the notice to be a place or containers on or in which potatoes shall not be stored,
unless he has the written authority of an inspector, which may be made subject to the terms and conditions specified therein.
Prohibition regarding containers
9(1)No person shall sell, barter, exchange, distribute or otherwise dispose of, except for the purpose of destruction, containers that have previously been used for potatoes or other root crops infected with a prescribed disease unless the containers have been disinfected.
9(2)No person shall use containers for storing or transporting potatoes that have been previously used for potatoes or other root crops infected with a prescribed disease unless the containers have been disinfected.
9(3)No person shall bring into the Province or be in possession of containers from outside the Province except with the written authority of an inspector.
9(4)An inspector may specify the terms and conditions of an authorization issued under subsection (3) including the condition that containers from outside the Province must be disinfected within a time period specified in the authorization by him or any other inspector.
Prohibition regarding vehicle or equipment
10No person shall use any vehicle or equipment previously infected with any prescribed disease unless such vehicle or equipment has been disinfected.
Prohibition regarding transportation of diseased potatoes
11No person shall knowingly transport upon any highway as defined in the Motor Vehicle Act any potatoes having a prescribed disease except with the written authority of an inspector.
Prohibition regarding things seized
12Except as provided by this Act, no person shall remove from detention any potatoes, vehicles, equipment or containers seized and detained pursuant to this Act or the regulations.
Things seized at the risk and expense of owner
13Any potatoes, vehicles, equipment or containers detained under this Act or the regulations shall at all times be at the risk and expense of the owner.
Order to dispose or disinfect by inspector
14(1)An inspector may order
(a) that potatoes identified by him or by any other inspector as having been produced from potatoes other than approved seed potatoes,
(b) that seed potatoes identified by him or any other inspector as not being approved seed potatoes, or
(c) that approved seed potatoes identified by him or any other inspector as not having been tested in accordance with the regulations,
shall be treated or disposed of in the manner and location, by the persons, within the period of time and in accordance with any other directions set out in the order.
14(2)An inspector who has determined the presence of any prescribed disease in potatoes may order that the potatoes be treated or disposed of in the manner and location, by the persons, within the period of time and in accordance with any other directions set out in the order.
14(3)Where an inspector has determined the presence of any prescribed disease in or on any place, container, vehicle or equipment, he may order that the place, container, vehicle or equipment be disinfected, in such manner as he considers necessary to control the spread of a prescribed disease and in accordance with his directions and under his supervision.
1989, c.30, s.2; 1994, c.36, s.5; 1997, c.19, s.2
Form and service of order, notice or authorization of inspector
15Any order, notice or authorization of an inspector under this Act shall be in writing and shall contain reasons for its making and for any terms and conditions therein, and a copy of the order, notice or authorization, together with a form for appeal, in the form prescribed by regulation, shall be served personally on or sent by registered mail to, the owner of the subject matter of the order, notice or authorization or the person under whose control the subject matter of the order, notice or authorization was at the time the order was made.
Filing of report with inspector
16Where any person has been required by an inspector to treat or dispose of his potatoes or to disinfect his place, containers, vehicle or equipment, he shall file with the inspector within thirty days of the order of treatment, disposal or disinfection, a report containing such particulars as are prescribed by regulation.
Appeal to Minister
17(1)A person affected by an order, notice or authorization of an inspector under this Act may appeal to the Minister by delivering or sending by registered mail to the Minister, within fourteen days after receiving the order, notice or authorization of an inspector under this Act, a notice in the form prescribed by regulation stating the grounds upon which the person’s appeal is based.
17(2)Within fourteen days after receipt of the notice of appeal, the Minister shall arrange for a hearing to be held into the matter.
17(3)The Minister shall render a decision within thirty days after the hearing.
17(4)In rendering a decision, the Minister may
(a) declare that an order, notice or authorization stand,
(b) revoke the order, notice or authorization, or
(c) vary the order, notice or authorization in any way the Minister considers appropriate.
17(5)The decision of the Minister is final and not subject to review.
2003, c.2, s.5
Right to quarantine until service effected
18Where after every reasonable effort an inspector is unable to serve the owner of the subject matter of an order under section 14 or the person under whose control the subject matter of the order was at the time the order was made, the inspector may quarantine any place and detain any potatoes, containers, vehicles or equipment subject to the order until the owner or person can be served.
Failure to comply with order
19(1)Where the owner or person in charge fails to comply with an order under section 14, the inspector may quarantine any place and detain any potatoes, containers, vehicles or equipment until the order is complied with and with the approval of the Minister, may seize and dispose of or destroy any potatoes that are the subject matter of the order.
19(2)The inspector shall serve a statement and demand for payment of expenses incurred in any quarantine, detention, disposal or destruction under subsection (1) on the owner of the subject matter or the person in whose control the subject matter of the order was and the amount of the expenses is a debt due to the Crown by the owner or person.
Seed potato production area
20(1)The Lieutenant-Governor in Council may on the recommendation of the Minister establish by regulation any area of the Province as a seed potato production area.
20(2)An application for the establishment of a seed potato production area signed by not fewer than eighty percent of the producers residing in the proposed area and stating
(a) the location and boundaries of the proposed area;
(b) the approximate hectarage of potatoes produced in the proposed area;
(c) the number and names of producers residing within the proposed area;
(d) that not fewer than eighty percent of the producers residing in the proposed area are in favour of having the area established as a seed potato production area and are subscribers to the application; and
(e) such other information as may be required by the regulations,
may be submitted to the Minister.
20(3)The provisions of this section and of any regulation relating to matters preliminary to the establishment of an area as a seed potato production area shall be deemed directory only, and no regulation establishing a seed potato production area shall be held void or voidable on account of any irregularity in respect of any matter preliminary to the passing thereof.
2010, c.38, s.2
Immunity from liability
21No action lies against the Minister, any inspector or any other persons acting on behalf of the Minister or any peace officer in relation to any act authorized under this Act or the regulations, any act performed in conformity with an order of an inspector, the Minister or a court made under or in relation to this Act or the regulations or any act performed in good faith that the person performing it believed to be authorized under such an order or under this Act or the regulations.
1994, c.36, s.6
Producer deemed to have planted or stored potatoes
22Where in any proceeding for a violation of this Act evidence is adduced that potatoes have been planted on the lands or stored on or in any place of a producer, it shall be deemed in the absence of evidence to the contrary, that the producer planted the potatoes or permitted them to be planted, or stored the potatoes or permitted them to be stored.
Documents received in evidence as proof
23In a prosecution for an offence under this Act,
(a) an order, notice or authorization or any other document purporting to be signed by an inspector, or a certified copy thereof; or
(b) a statement purporting to be signed by the Minister that a person does not have approval under this Act or the regulations with respect to any activity designated in the statement
shall be
(c) received in evidence by any Court in the Province without proof of the signature or appointment of the person purporting to have signed it, or the person purporting to have certified the copy;
(d) in the absence of any evidence to the contrary, proof of the facts stated therein; and
(e) in the absence of evidence to the contrary, proof that the person named therein is the accused.
Offences and penalties
24A person who violates or fails to comply with a provision of this Act or the regulations commits an offence and is liable, on conviction, to a fine of not less than $1,000 and not more than $20,000.
1990, c.61, s.112; 2010, c.38, s.3
Disposal of containers on conviction
25In the event of a conviction for a violation under section 9, the containers together with the contents shall be disposed of in accordance with the regulations.
1997, c.19, s.3
Repealed
25.1Repealed: 2010, c.38, s.4
1991, c.46, s.2; 1994, c.36, s.7; 2010, c.38, s.4
Repealed
25.2Repealed: 1994, c.36, s.8
1991, c.46, s.2; 1994, c.36, s.8
Repealed
25.3Repealed: 2010, c.38, s.5
1991, c.46, s.2; 1994, c.36, s.9; 2010, c.38, s.5
Repealed
25.4Repealed: 2010, c.38, s.6
1991, c.46, s.2; 1994, c.36, s.10; 2010, c.38, s.6
Repealed
25.5Repealed: 2010, c.38, s.7
1991, c.46, s.2; 1994, c.36, s.11;1997, c.19, s.4; 2010, c.38, s.7
Repealed
25.6Repealed: 2010, c.38, s.8
1991, c.46, s.2; 2010, c.38, s.8
Repealed
25.7Repealed: 2010, c.38, s.9
1991, c.46, s.2; 1993, c.38, s.1; 2010, c.38, s.9
Repealed
25.8Repealed: 2010, c.38, s.10
1993, c.38, s.2; 1994, c.36, s.12; 1997, c.19, s.5; 2003, c.2, s. 6; 2010, c.38, s.10
Disposal or destruction of cull potatoes
25.801(1)In this section
“cull potatoes” means potatoes that
(a) are stored outdoors, and
(b) are not reasonably marketable for table stock, processing, seed potatoes, feed or starch production.
25.801(2)For the purposes of this Act, if there is uncertainty or disagreement over whether or not potatoes are cull potatoes, the Minister or an inspector shall determine the issue.
25.801(3)Every person who owns or has control of cull potatoes shall dispose of or destroy the cull potatoes in each year, in accordance with the directions of the Minister or an inspector, before the deadline established by the Minister for that year.
25.801(4)If a person who is required to dispose of or destroy cull potatoes under subsection (3) does not do so in accordance with the directions of the Minister or inspector before the established deadline, the Minister or an inspector may order that the cull potatoes be disposed of or destroyed in the manner and location, by the persons, within the period of time and in accordance with any other directions set out in the order.
25.801(5)An order made under subsection (4) shall be in writing and shall contain reasons for its making and a copy of the order shall be served personally on or sent by registered mail to the owner of, or the person who has control of, the cull potatoes in relation to which the order is made.
25.801(6)An inspector may, for the purpose of establishing whether or not there has been compliance with an order made under subsection (4), exercise the powers set out in subsection 4(2), and subsections 4(3) to (7) apply with the necessary modifications to an inspector exercising those powers and to any other exercise or purported exercise of those powers for that purpose.
25.801(7)Notwithstanding any other provision of this Act, no appeal lies to the Minister from or in relation to a determination made under subsection (2) or an order made under subsection (4).
25.801(8)Without limiting the generality of subsection (7), sections 15, 16 and 17 do not apply in relation to any determination, order, notice, authorization or requirement made, issued, given or imposed by the Minister or by any inspector in relation to the performance of any duties or functions or the exercise of any powers granted under this section.
25.801(9)If any order or any part of any order made under subsection (4) is not fully complied with, for any reason, within any period of time set out in the order, the person against whom the order is made shall be liable for any costs, expenses, losses, damages or charges incurred or suffered, as the case may be, directly or indirectly, by any other person as a result of the non-compliance.
1997, c.19, s.6; 2003, c.2, s.7
Action by Minister
25.81(1)If the Minister, an inspector or any person appointed for the purpose by the Minister under section 2 makes an order under this Act and the order or any part of it is not fully complied with, for any reason, within any period of time set out in the order, the Minister, together with such persons, materials and equipment the Minister considers necessary, may enter upon any lands or premises, using the force the Minister considers necessary, and may take such further action the Minister considers necessary
(a) in order to effect compliance with or to carry out the order, and
(b) to deal effectively with or prevent damage or further damage arising from the non-compliance with the order, including to inspect, search, quarantine, detain, seize, treat, dispose of, destroy, test, investigate, disinfect or otherwise deal with any place, vehicle, equipment, container, potatoes, lands or premises, as the case may be, in the manner and location, by the persons, within the period of time and otherwise as considered appropriate by the Minister.
Court orders
25.81(2)If a person
(a) refuses to give all reasonable assistance to enable the Minister, an inspector, any person appointed by the Minister under section 2 or any other persons acting on behalf of the Minister to carry out their duties and functions under this Act and the regulations,
(b) obstructs or hinders the Minister, an inspector, any person appointed by the Minister under section 2 or any other persons acting on behalf of the Minister in the carrying out of their duties and functions under this Act and the regulations, or
(c) being a person against whom an order is made under this Act by the Minister, by a person designated for the purpose by the Minister or by an inspector, does not comply for any reason with the order or part of it within any period of time set out in the order,
the Minister, inspector or other person may make an application to The Court of Queen’s Bench of New Brunswick or a judge of that Court for any or any combination of the orders described in subsection (3), without proof that damage has been, is being or may be done and whether or not a penalty has been provided under this Act for the refusal, obstruction, hindrance or non-compliance.
Court orders
25.81(3)In a proceeding under subsection (2), the judge may make
(a) an order restraining the continuance or repetition of the refusal, obstruction, hindrance or non-compliance,
(b) such order as is required to ensure that the Minister, inspector or other persons may carry out their duties and functions under this Act and the regulations,
(c) such order as is required to effect compliance with or carry out all or any part of any order in respect of which the action was instituted,
(d) such further order as may be necessary to enable the Minister, an inspector or other person acting on behalf of the Minister to inspect, search, quarantine, detain, seize, treat, dispose of, destroy, test, investigate, disinfect or otherwise deal with any place, vehicle, equipment, containers, potatoes, lands or premises, as the case may be, in the manner and location, by the persons, within the period of time and otherwise as required by the Minister in order to deal effectively with or prevent damage or further damage arising from the refusal, obstruction, hindrance or non-compliance, and
(e) such order as to costs and the recovery of any expenses incurred in connection with the proceeding as the judge sees fit.
Court orders
25.81(4)An order made under subsection (3) that is appealed remains in effect pending the dispositions of the appeal and no order staying the effect of the order shall be made, notwithstanding any provision of any other Act, regulation or rule of court to the contrary.
1994, c.36, s.13; 1997, c.19, s.7
Liability and non-liability
25.9(1)Where the Minister or an inspector, as the case may be, originally makes an order under subsection 25.801(4), and action is subsequently taken under subsection 25.81(1) or under a judge’s order made under subsection 25.81(3) in relation to the original order, the Minister may serve on the person against whom the original order was made a statement and demand for payment of expenses incurred in carrying out the action and the amount of the expenses may be recovered by the Minister by action in a court of competent jurisdiction as a debt owed to Her Majesty in right of the Province.
25.9(2)A statement and demand for payment of expenses under subsection (1) shall be served personally on or sent by registered mail to the person against whom the original order was made.
Liability and non-liability
25.9(3)The Minister, inspectors, any persons appointed by the Minister under section 2 and any other persons acting on behalf of the Minister to carry out their duties and functions under this Act and the regulations are not liable to any person for
(a) any expenses referred to in subsection (1),
(b) the cost or value of potatoes or other crops that are quarantined, detained, seized, treated, disposed of, destroyed, tested, investigated, disinfected or otherwise dealt with under section 25.801 or 25.81, or
(c) any other compensation that may be claimed or payable as the result, directly or indirectly, of the quarantine, detention, seizure, treatment, disposal, destruction, testing, investigation or disinfection of, or other action in relation to, potatoes or other crops under section 25.801 or 25.81.
Non-imposition of duty
25.9(4)Nothing in this Act or the regulations shall be construed to impose a duty on the Minister, an inspector, any person appointed by the Minister under section 2 or any other persons acting on behalf of the Minister to carry out any of their duties or functions under this Act or the regulations.
1993, c.38, s.2; 1994, c.36, s.14; 1997, c.19, s.8; 2010, c.38, s.11
Effects of act or omission that is an offence
25.91No authority to make or to seek the making of an order, to take any other action or proceeding, or to seek any remedy, that is authorized or available under this Act in relation to any act or omission, and no civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Act.
1997, c.19, s.9
Regulations
26(1)The Lieutenant-Governor in Council may make regulations
(a) respecting the appointment of an agent to administer all or part of this Act and the regulations;
(a.1) respecting appointments and terms of appointment to the advisory council;
(a.2) respecting the meetings of the advisory council;
(a.3) respecting the duties of the members of the advisory council;
(a.4) respecting the reports and recommendations of the advisory council;
(a.5) respecting expenses payable to persons who serve on the advisory council;
(b) prescribing potato diseases, for the purposes of this Act;
(c) respecting the requirements to be met in order for seed potatoes to be approved seed potatoes and varying the requirements on the basis of different purposes for which the seed potatoes are to be used, different origins of the seed potatoes, different areas in which the seed potatoes are to be planted or any other factor;
(c.1) respecting the entry into the Province of and the use as seed potatoes of seed potatoes that may be infected with, may have been in contact with potatoes infected with or may transmit a prescribed disease;
(c.2) subject to section 3.1, respecting the application for and the issuance, holding, suspension, cancellation, reinstatement and renewal of permits to plant seed potatoes;
(d) respecting the issuance of bulk certificates;
(e) respecting any matter relevant to the identification of potatoes or their source to be retained by a producer;
(f) respecting the manner in which potatoes shall be identified and providing that producers shall identify their potatoes in that manner;
(f.1) respecting the taking of samples of seed potatoes for testing and the testing of samples of seed potatoes for disease;
(g) respecting the issuance of certificates certifying that potatoes grown on or stored in a place or stored in containers have been tested and have not been found to be infected by a prescribed disease;
(g.1) respecting the issuance of certificates for samples of seed potatoes that have been tested for disease;
(h) respecting the detention of potatoes, vehicles, equipment and containers;
(i) designating lands as a danger zone for the purposes of this Act;
(j) respecting the quarantine of any place;
(k) respecting the disinfection of any place, container, vehicle or equipment;
(l) respecting the treatment of any potatoes;
(m) prescribing fees for disinfection services;
(n) respecting the disposition of potatoes infected with a prescribed disease, approved seed potatoes that have not been tested for disease, potatoes produced from potatoes other than approved seed potatoes and seed potatoes that are not approved seed potatoes;
(o) respecting the report to be filed with an inspector by any person who has been required to treat or dispose of his potatoes or to disinfect any place, containers, vehicle or equipment belonging to him;
(p) respecting the disposal of containers for potatoes or other root crops and their contents;
(q) respecting conditions and methods of packaging, loading, transporting and unloading potatoes;
(r) prohibiting or regulating the use of potatoes that are or have been at any time within a danger zone;
(s) prohibiting or regulating the use for the purpose of producing or storing potatoes of any place or containers where infected potatoes have been found;
(t) prescribing books, records and accounts to be maintained by producers and dealers under this Act;
(t.1) respecting the information to be provided to the Minister by a producer or a seed producer;
(t.2) establishing deadlines for the provision of information to the Minister by a producer or a seed producer;
(u) respecting the establishment of any area of the Province as a seed potato production area and defining the boundaries of such area;
(v) respecting the possession, planting, roguing, growing, digging, storing, transporting, distribution and sale of potatoes;
(w) providing for the control and eradication of any prescribed disease;
(x) respecting the compulsory destruction of crops;
(x.1) respecting the importation into the Province, propagation, growing, handling, dispersion and other aspects of control of any plant species other than potato that serves or could serve as a host for the causal organism of, or a vector of, a prescribed disease;
(y) respecting forms and providing for their use;
(z) respecting any matter necessary or advisable to carry out effectively the intent and purposes of this Act.
26(2)Regulations made under subsection (1)
(a) may contain provisions that are general in their application,
(b) may contain provisions that apply only to one or more seed potato production areas, and
(c) may contain different provisions for different seed potato production areas.
26(3)Repealed: 1994, c.36, s.15
1988, c.33, s.1; 1989, c.30, s.3; 1994, c.36, s.15; 1997, c.19, s.10; 2003, c.2, s.8; 2010, c.38, s.12
Commencement
27This Act or any provision thereof comes into force on a day to be fixed by proclamation.
SCHEDULE A
Repealed: 2010, c.38, s.13
1990, c.61, s.112; 1997, c.19, s.11; 2010, c.38, s.13
N.B. This Act was proclaimed and came into force October 1, 1979.
N.B. This Act is consolidated to September 1, 2011.