Forest Health Protection Regulation

Forest Health Protection Regulation, M.R. 87/2009 The Forest Health Protection Act , C.C.S.M. c. F151 Regulation 87/2009 Registered April 23, 2009 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Forest threats 3 Required documents 4 Import restrictions on pine wood 5 Import restrictions on ash products 6 Import permit 7 Storage of elm wood 8 Elm transportation permit 9 Restriction on pruning elm trees 10 Treatment of elm stumps 11 Powers of officers and inspectors 12 Treatment or disposal of seized forest products 13 Service of orders 14 Appeal procedure 15 Costs of enforcing orders 16 Coming into force Schedule A Forest threats B Invasive forest threats INTREPRETATION Definitions 1(1) The following definitions apply in this regulation. "Act " means The Forest Health Protection Act . («  Loi  ») "ash" means a tree of the Fraxinus genus. (« frêne ») "department" means the department of government over which the minister presides and through which the Act is administered. (« ministère ») "elm" means a tree of the Ulmus genus. (« orme ») "nursery stock" means seedlings, transplants, grafts or trees propagated or grown in a nursery that have the roots attached, and include cuttings with or without the roots attached. (« plants de pépinières ») "pine" means a tree of the Pinus genus. (« pin ») "raw forest product" means (a) a tree, other than nursery stock, that has been cut down or removed from the ground; (b) timber, logs, firewood, wood chips, bark chips and any other unprocessed product obtained from a tree; or (c) any item containing wood with the bark attached. (« produit de la forêt brut ») CFIA regulated areas 1(2) In this regulation, a reference to a "regulated area" for a specific forest threat means the area of Canada designated by the Canadian Food Inspection Agency, as revised from time to time, from which plants and other items are subject to conditions or regulations in order to prevent the introduction or spread of the specified forest threat. FOREST THREATS Forest threats 2(1) The insects, diseases and organisms set out in Schedule A are designated as forest threats. Invasive forest threats 2(2) The forest threats set out in Schedule B are designated as invasive forest threats. DOCUMENTATION REQUIREMENTS Required documents 3(1) Every person transporting raw forest products or nursery stock in Manitoba, including persons transporting raw forest products or nursery stock within Manitoba or through Manitoba to a destination elsewhere, must have a bill of lading or manifest in his or her possession that (a) identifies the species of forest product or nursery stock being transported; (b) shows the specific location where the forest products or nursery stock are from and their intended destination; and (c) identifies the specific treatments used on the forest products or nursery stock, if the forest products or nursery stock have been treated to prevent forest threats. Production of required documents 3(2) A person transporting raw forest products or nursery stock in Manitoba must produce the documents required under subsection (1) to an officer upon request. IMPORT RESTRICTIONS Import restrictions on pine wood 4(1) No person shall bring pine wood with bark intact into Manitoba from any of the following areas: (a) British Columbia, Alberta or the Municipality of Maple Creek or Cypress Hills Interprovincial Park in Saskatchewan; (b) the following states in the United States of America: (i) Arizona, (ii) California, (iii) Colorado, (iv) Idaho, (v) Montana, (vi) Nevada, (vii) New Mexico, (viii) Oregon, (ix) South Dakota, (x) Washington, (xi) Wyoming, (xii) Utah; (c) the Mexican states of Sonora and Chihuahua. Exception for treated pine wood 4(2) Despite subsection (1), a person may bring pine wood with bark intact into Manitoba from any of the areas set out in that subsection if the wood has been (a) kiln dried to a moisture content of 18% or less; or (b) heated to 56°C for at least 30 minutes. Exception for pine nursery stock 4(3) Despite subsection (1), a person may bring pine nursery stock into Manitoba from any of the areas set out in that subsection. Import restrictions on ash products 5(1) No person shall bring (a) ash nursery stock; (b) raw ash forest products; or (c) pallets, dunnage and other packing materials containing ash wood; into Manitoba from any area set out in subsection (2). Restricted areas 5(2) The prohibitions in subsection (1) apply with respect to the following areas: (a) Quebec; (b) Ontario; (c) the following states in the United States of America: (i) Alabama, (ii) Arkansas, (iii) Colorado, (iv) Connecticut, (v) Delaware, (vi) District of Columbia, (vii) Georgia, (viii) Illinois, (ix) Indiana, (x) Iowa, (xi) Kansas, (xii) Kentucky, (xiii) Louisiana, (xiv) Maryland, (xv) Massachusetts, (xvi) Michigan, (xvii) Minnesota, (xviii) Missouri, (xix) Nebraska, (xx) New Hampshire, (xxi) New Jersey, (xxii) New York, (xxiii) North Carolina, (xxiv) Ohio, (xxv) Oklahoma, (xxvi) Pennsylvania, (xxvii) South Carolina, (xxviii) Tennessee, (xxix) Texas, (xxx) Virginia, (xxxi) West Virginia, (xxxii) Wisconsin. Restrictions on ash product movement in Manitoba 5(3) No person shall move (a) ash nursery stock; (b) raw ash forest products; or (c) pallets, dunnage and other packing materials containing ash wood; from a regulated area in Manitoba to an area outside of that regulated area: Exceptions 5(4) The prohibitions in this section do not apply to an item if it has been (a) kiln dried to a moisture content of 18% or less; or (b) heated to 56°C for at least 30 minutes. M.R. 26/2017 ; 66/2018 IMPORT PERMITS Import permit 6(1) If the entry of a forest product into Manitoba is prohibited or restricted by section 4 or 5, a person may still bring that forest product into Manitoba if the person has obtained an import permit for that product from the director. Application for import permit 6(2) An application for an import permit is to be made in writing to the director. Terms and conditions 6(3) The director may impose terms and conditions on an import permit. The holder of an import permit shall comply with all terms and conditions on his or her import permit. RESTRICTIONS TO PREVENT DUTCH ELM DISEASE Storage of elm wood 7(1) A person shall not store elm wood for any purpose — including storing it while the wood is offered for sale or trade — unless, prior to storing it, the person (a) removes all bark from the wood; (b) treats the wood by (i) kiln drying it to a moisture content of 18% or less, or (ii) heating it to 56°C for at least 30 minutes; (c) chips the wood into chips that have a thickness of wood adhering to the bark in any dimension of not more than 5 cm; or (d) obtains a storage permit from the director. Terms and conditions on storage permit 7(2) The holder of a storage permit shall comply with any terms or conditions imposed on the permit by the director. Elm transportation permit 8(1) Subject to subsection (2), no person shall transport all or part of an elm tree with bark intact unless the person has obtained and is in possession of an elm transportation permit from the director. Exception for Manitoba nursery stock 8(2) A person does not require an elm transportation permit to transport elm nursery stock from a nursery or retail store in Manitoba (a) to another nursery or retail store in Manitoba; or (b) to a location in Manitoba for planting. Restriction on pruning elm trees 9 No person shall prune an elm tree between April 1 and July 31, unless (a) the tree poses a safety hazard; (b) the tree obstructs traffic or traffic signs; (c) the pruning is part of a therapeutic treatment for forest pests; or (d) the pruning is authorized by the director. Treatment of elm stumps 10 No person shall remove an elm tree without treating the stump (a) by debarking it to the soil line; (b) by grinding or removing the stump to a depth of 10 cm or more below the soil line; or (c) in another manner as specified by the director. MISCELLANEOUS PROVISIONS Powers of officers and inspectors 11(1) If an inspector or officer believes that there has been a contravention of section 3, 4, 5, 7 or 8, the inspector or officer may do one or more of the following: (a) if the forest products have been brought into Manitoba from another jurisdiction, require the person with control of the forest products to transport the products out of Manitoba, and comply with any directions from the inspector or officer respecting the manner in which the forest products are transported; (b) require the person with control of the forest products to have the products treated to eradicate any forest threat that may be present, and not allow the products to be transported further until they have been treated; (c) seize the forest products; (d) treat the forest products in order to eradicate any forest threat that may be present; (e) destroy the forest products if the director advises the inspector or officer that there are reasonable grounds to believe that the forest products may be affected by a forest threat that (i) is capable of causing significant damage to trees in a relatively short period of time, or (ii) is extremely contagious or mobile. Application of Act 11(2) Subsections 19(2), (3) and (4) of the Act apply to the seizure, treatment and destruction of forest products under this section. Treatment and disposal of seized forest products 12(1) For the purpose of subsection 19(4) of the Act, an inspector or officer may treat, destroy or dispose of seized forest products in accordance with directions from the director. Notice to owner 12(2) Subject to subsection (3), the director must give the owner of seized forest products at least five days' notice before the forest products are treated, destroyed or otherwise disposed of. When notice not required 12(3) The director is not required to give the owner notice before treating, destroying or otherwise disposing of seized forest products if the director (a) is unable to locate the owner, after making reasonable attempts to do so; or (b) is of the opinion that any delay in treating, destroying or otherwise disposing of the forest products would pose a significant risk to the health of trees or forests in Manitoba. Service of orders 13(1) A preventative quarantine order or a forest health order may be served (a) personally; (b) by mail in a manner that provides the sender with an acknowledgment of receipt; or (c) if a person cannot be served by one of the methods described in clause (a) or (b) after a reasonable effort has been made, by posting a copy of the order in a conspicuous place on the land in question. Deemed date of service 13(2) An order served in accordance with clause (1)⁠(c) is deemed to have been served three days after the day it is posted. Appeal procedure 14(1) An appeal of a preventative quarantine order or a forest health order is to be conducted by the director on an informal basis and the director is not bound by the rules of law applicable to judicial proceedings. No hearing required 14(2) The director is not required to hold a hearing or to give any person an opportunity to appear or make oral submissions before making a decision on an appeal of a preventative quarantine order or a forest health order. The director must give the appellant an opportunity to make written submissions on the appeal. Costs of enforcing orders 15 For the purposes of section 16 of the Act, the director may require a person to pay the following expenses necessarily incurred to carry out the measures specified in a preventative quarantine order or a forest health order: (a) the director's documented out-of-pocket expenses, including, but not limited to, amounts paid to arborists and other workers whose services the director considers necessary; (b) personnel expenses for time spent by department staff on the land in question at the hourly rates payable to them by the government at the relevant times; (c) mileage and other travel expenses paid to department staff by the government in connection with enforcing the order. Coming into force 16 This regulation comes into force on the same day that The Forest Health Protection Act , S.M. 2007, c. 20, comes into force. SCHEDULE A (Subsection 2(1)) FOREST THREATS Armillaria root disease ( Armillaria spp .) Asian long-horned beetle ( Anoplophora glabripennis ) Banded elm bark beetle ( Scolytus schevyrewi ) Brown spruce longhorn beetle ( Tetropium fuscum ) Dutch elm disease ( Ophiostoma novo-ulmi and Ophiostoma ulmi ) Dwarf mistletoe ( Arceuthobium americanum & Arceuthobium pusillum ) Eastern larch beetle ( Dendroctonus simplex ) Emerald ash borer ( Agrilus planipennis ) Gypsy moth ( Lymantria dispar ) Jack pine budworm ( Choristoneura pinus pinus ) Mountain pine beetle ( Dendroctonus ponderosae ) Native elm bark beetle ( Hylurgopinus rufipes ) Oak wilt ( Ceratocystis fagacearum ) Pine shoot beetle ( Tomicus piniperda ) Sirex wood wasp ( Sirex noctilio ) Smaller European elm bark beetle ( Scolytus multistriatus ) Spruce budworm ( Choristoneura fumiferana ) Sudden oak death ( Phytophthora ramorum ) SCHEDULE B (Subsection 2(2)) INVASIVE FOREST THREATS Asian long-horned beetle ( Anoplophora glabripennis ) Banded elm bark beetle ( Scolytus schevyrewi ) Brown spruce longhorn beetle ( Tetropium fuscum ) Emerald ash borer ( Agrilus planipennis ) Gypsy moth ( Lymantria dispar ) Mountain pine beetle ( Dendroctonus ponderosae ) Oak wilt ( Ceratocystis fagacearum ) Pine shoot beetle ( Tomicus piniperda ) Sirex wood wasp ( Sirex noctilio ) Smaller European elm bark beetle ( Scolytus multistriatus ) Sudden oak death ( Phytophthora ramorum )