Abandoned Orchards Act, R.S.O. 1990, c. A.1

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Abandoned Orchards Act

R.S.O. 1990, CHAPTER A.1

Note: This Act was repealed on March 1, 1997. See: 1996, c. 17, Sched. J, ss. 1 (1), 2.

Amended by: 1994, c. 27, s. 1; 1996, c. 17, Sched. J, s. 1.

Definitions

1. (1) In this Act,

“abandoned orchard” means an orchard,

(a) the fruit of which has not been produced for sale for human consumption for two consecutive growing seasons, and

(b) that has been designated by a certificate of the Provincial Entomologist as a neglected orchard; (“verger abandonné”)

“Director” means the Director appointed under this Act; (“directeur”)

“fruit tree disease” means any disease or injury of a fruit tree that is caused by an insect, virus, fungus, bacterium or other organism; (“maladie d’arbre fruitier”)

“fruit trees” means,

(a) apple trees,

(b) cherry trees,

(c) grape vines,

(d) peach trees,

(e) pear trees,

(f) plum trees, and

(g) such other fruit-producing trees, shrubs or vines as are designated in the regulations; (“arbres fruitiers”)

“inspector” means an inspector appointed under this Act; (“inspecteur”)

“orchard” means an area of land of at least one-fifth hectare on which there are at least thirteen fruit trees and on which the number of fruit trees bears a proportion to the area of at least sixty-five fruit trees per hectare; (“verger”)

“owner” means the person shown as the owner of the property on the last revised assessment roll of the municipality in which the property is located; (“propriétaire”)

“Provincial Entomologist” means the Provincial Entomologist for Orchards appointed under this Act; (“entomologiste provincial”)

“regulations” means the regulations made under this Act. (“règlements”)

Application

(2) This Act applies only to orchards any part of which is closer than 275 metres to an orchard that is used for the commercial production of fruit and that does not come within the application of section 4. R.S.O. 1990, c. A.1, s. 1.

Administration of Act

2. The Minister may appoint a Director to administer this Act, and may appoint a Provincial Entomologist for Orchards and one or more inspectors who shall carry out such duties as are assigned to them by this Act or the regulations or by the Director. R.S.O. 1990, c. A.1, s. 2; 1994, c. 27, s. 1.

Inspection

3. (1) An inspector or the Provincial Entomologist may, between sunrise and sunset, for the purpose of making an inspection, enter any orchard or any premises in which he or she has reason to believe there is an orchard.

Idem

(2) No person shall hinder or obstruct an...

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