Interpretation

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 but without branches;

"quarantine area" means the area described in the Appendix;

"tree" means a living tree of Abies spp.with roots, and includes

(a) a seedling, and

(b) a tree produced by tissue culture.

[am. B.C. Reg. 213/2006, s. 1.]

Permits

2   (1) A person who wishes to grow Abies spp. in British Columbia must obtain an annual permit from the minister.

(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.

(3) Repealed. [B.C. Reg. 169/2000.]

[am. B.C. Regs. 169/2000; 213/2006, s. 2; 112/2014, App. s. 15 (a) and (b).]

Prohibition on movement

3   (1) A person must not move any tree of Abies spp. that originated in the quarantine area to any place in British Columbia outside the quarantine area.

(2) Despite subsection (1), a person may move logs of Abies spp. out of the quarantine area if the logs are transported and stored in water and promptly processed.

[en. B.C. Reg. 213/2006, s. 3.]

Sale of trees prohibited

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.

Sale of cones and seeds permitted

5   The sale and movement of cones and seeds of Abies spp. is permitted anywhere in British Columbia.

Treatment of infested trees

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.

Powers of inspectors

7   Inspectors either defined under the Plant Protection Act (British Columbia) or designated under the Plant Protection Act (Canada) are empowered to enforce the provisions of this regulation.

[en. B.C. Reg. 213/2006, s. 4; am. B.C. Reg. 112/2014, App. s. 15 (c).]

Order of inspector

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 responsible for plant health in the ministry of the minister a report of the action taken.

[am. B.C. Reg. 112/2014, App. s. 15 (d).]

Offence

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 areas

1   The following areas, as established under the Administrative Boundaries Regulation, constitute a quarantine area for the purposes of section 8 (2) (f) of the Plant Protection Act:

(a) the Cascades Forest District;

(b) the South Coast Forest Region;

(c) the West Coast Forest Region, except that area comprising the Haida Gwaii Forest District.