Abandoned Orchards Act R.S.O. 1990 c. A.1 + Repealed - March 1 1997 + 2023-12-21 125734.json

{
    "act_info": {
        "full_title": "Abandoned Orchards Act, R.S.O. 1990, c. A.1",
        "act_name_text": "Not Found",
        "citation": "Abandoned Orchards Act, R.S.O. 1990, c. A.1",
        "url": "https://www.ontario.ca/laws/statute/90a01",
        "date_scraped": "2023-12-21 12:57:38"
    },
    "copyright": {
        "Copyright": "© King's Printer for Ontario, 2023."
    },
    "versions": [],
    "current_regs": [],
    "revoked_regs": [
        {
            "revoked_reg_a_href": "/laws/regulation/900001",
            "revoked_reg_citation": "R.R.O. 1990, Reg. 1",
            "revoked_reg_title": "GENERAL"
        }
    ],
    "content": [
        {
            "id": "1.",
            "section": "Definitions",
            "content": "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.",
            "raw_html": "<p class=\"section-e\"><b>1.</b> (1) In this Act,</p> <p class=\"firstdef-e\">“abandoned orchard” means an orchard,</p> <p class=\"defclause-e\">(a) the fruit of which has not been produced for sale for human consumption for two consecutive growing seasons, and</p> <p class=\"defclause-e\">(b) that has been designated by a certificate of the Provincial Entomologist as a neglected orchard; (“verger abandonné”)</p> <p class=\"definition-e\">“Director” means the Director appointed under this Act; (“directeur”)</p> <p class=\"definition-e\">“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”)</p> <p class=\"definition-e\">“fruit trees” means,</p> <p class=\"defclause-e\">(a) apple trees,</p> <p class=\"defclause-e\">(b) cherry trees,</p> <p class=\"defclause-e\">(c) grape vines,</p> <p class=\"defclause-e\">(d) peach trees,</p> <p class=\"defclause-e\">(e) pear trees,</p> <p class=\"defclause-e\">(f) plum trees, and</p> <p class=\"defclause-e\">(g) such other fruit-producing trees, shrubs or vines as are designated in the regulations; (“arbres fruitiers”)</p> <p class=\"definition-e\">“inspector” means an inspector appointed under this Act; (“inspecteur”)</p> <p class=\"definition-e\">“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”)</p> <p class=\"definition-e\">“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”)</p> <p class=\"definition-e\">“Provincial Entomologist” means the Provincial Entomologist for Orchards appointed under this Act; (“entomologiste provincial”)</p> <p class=\"definition-e\">“regulations” means the regulations made under this Act. (“règlements”)</p> <p class=\"headnote-e\"><b>Application</b></p> <p class=\"subsection-e\">(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.</p>"
        },
        {
            "id": "2.",
            "section": "Administration of Act",
            "content": "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.",
            "raw_html": "<p class=\"section-e\"><b>2.</b> 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.</p>"
        },
        {
            "id": "3.",
            "section": "Inspection",
            "content": "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 inspector or the Provincial Entomologist in the course of his or her duties or furnish him or her with false information or refuse to furnish information. R.S.O. 1990, c. A.1, s. 3.",
            "raw_html": "<p class=\"section-e\"><b>3.</b> (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.</p> <p class=\"headnote-e\"><b>Idem</b></p> <p class=\"subsection-e\">(2) No person shall hinder or obstruct an inspector or the Provincial Entomologist in the course of his or her duties or furnish him or her with false information or refuse to furnish information. R.S.O. 1990, c. A.1, s. 3.</p>"
        },
        {
            "id": "4.",
            "section": "Report of inspector",
            "content": "4. (1) Where an inspector reports in writing to the Director that in his or her opinion the majority of the fruit trees in an orchard, (a) are infected with any fruit tree disease; (b) are affected by such other conditions as are designated in the regulations; (c) have not been properly pruned, sprayed or treated with chemicals; or (d) have not otherwise been properly maintained, so as to seriously affect at that time the ability of the fruit trees to produce fruit commercially, the Director shall cause a copy of the report to be served on the owner of the orchard and on the Provincial Entomologist together with a notice that unless the owner or a person having an interest in the orchard mails or delivers to the Provincial Entomologist within fifteen days after service of the notice, a notice requesting a hearing, the Provincial Entomologist may issue a certificate designating the orchard as a neglected orchard. Service (2) The copy of the report and notice mentioned in subsection (1) shall be served upon the owner by personal service or by mailing them addressed to the owner at the address shown on the last revised assessment roll, and shall be posted in a conspicuous place in the orchard. R.S.O. 1990, c. A.1, s. 4.",
            "raw_html": "<p class=\"section-e\"><b>4.</b> (1) Where an inspector reports in writing to the Director that in his or her opinion the majority of the fruit trees in an orchard,</p> <p class=\"clause-e\">(a) are infected with any fruit tree disease;</p> <p class=\"clause-e\">(b) are affected by such other conditions as are designated in the regulations;</p> <p class=\"clause-e\">(c) have not been properly pruned, sprayed or treated with chemicals; or</p> <p class=\"clause-e\">(d) have not otherwise been properly maintained,</p> <p class=\"Ssubsection-e\">so as to seriously affect at that time the ability of the fruit trees to produce fruit commercially, the Director shall cause a copy of the report to be served on the owner of the orchard and on the Provincial Entomologist together with a notice that unless the owner or a person having an interest in the orchard mails or delivers to the Provincial Entomologist within fifteen days after service of the notice, a notice requesting a hearing, the Provincial Entomologist may issue a certificate designating the orchard as a neglected orchard.</p> <p class=\"headnote-e\"><b>Service</b></p> <p class=\"subsection-e\">(2) The copy of the report and notice mentioned in subsection (1) shall be served upon the owner by personal service or by mailing them addressed to the owner at the address shown on the last revised assessment roll, and shall be posted in a conspicuous place in the orchard. R.S.O. 1990, c. A.1, s. 4.</p>"
        },
        {
            "id": "5.",
            "section": "Issue of certificate",
            "content": "5. (1) If, within fifteen days after service of the copy and notice mentioned in subsection 4(1), (a) the owner or a person having an interest in the orchard does not request a hearing, the Provincial Entomologist may issue a certificate designating the orchard as a neglected orchard; or (b) the owner or a person having an interest in the orchard requests a hearing, the Provincial Entomologist shall hold a hearing and may then issue a certificate designating the orchard as a neglected orchard, if he or she concurs in the report. Parties to hearing (2) The person requesting the hearing, the inspector making the report and such other persons as the Provincial Entomologist may specify, are parties to a hearing required under subsection (1). Inspection by Provincial Entomologist (3) Where the Provincial Entomologist holds a hearing under this section, he or she may inspect the orchard to which it relates, affording to the person requesting the hearing or the person’s representative an opportunity of being present at the time of the inspection, and may take into consideration the result of the inspection in reaching a decision. Service of certificate (4) A certificate designating an orchard as a neglected orchard shall be served upon the owner and, where a hearing was held, upon the person requesting the hearing if the person is not the owner, by mailing or delivering a copy thereof to the address last known to the Provincial Entomologist, and a copy of the certificate shall be posted in a conspicuous place in the orchard. R.S.O. 1990, c. A.1, s. 5.",
            "raw_html": "<p class=\"section-e\"><b>5.</b> (1) If, within fifteen days after service of the copy and notice mentioned in subsection 4(1),</p> <p class=\"clause-e\">(a) the owner or a person having an interest in the orchard does not request a hearing, the Provincial Entomologist may issue a certificate designating the orchard as a neglected orchard; or</p> <p class=\"clause-e\">(b) the owner or a person having an interest in the orchard requests a hearing, the Provincial Entomologist shall hold a hearing and may then issue a certificate designating the orchard as a neglected orchard, if he or she concurs in the report.</p> <p class=\"headnote-e\"><b>Parties to hearing</b></p> <p class=\"subsection-e\">(2) The person requesting the hearing, the inspector making the report and such other persons as the Provincial Entomologist may specify, are parties to a hearing required under subsection (1).</p> <p class=\"headnote-e\"><b>Inspection by Provincial Entomologist</b></p> <p class=\"subsection-e\">(3) Where the Provincial Entomologist holds a hearing under this section, he or she may inspect the orchard to which it relates, affording to the person requesting the hearing or the person’s representative an opportunity of being present at the time of the inspection, and may take into consideration the result of the inspection in reaching a decision.</p> <p class=\"headnote-e\"><b>Service of certificate</b></p> <p class=\"subsection-e\">(4) A certificate designating an orchard as a neglected orchard shall be served upon the owner and, where a hearing was held, upon the person requesting the hearing if the person is not the owner, by mailing or delivering a copy thereof to the address last known to the Provincial Entomologist, and a copy of the certificate shall be posted in a conspicuous place in the orchard. R.S.O. 1990, c. A.1, s. 5.</p>"
        },
        {
            "id": "6.",
            "section": "Revocation of certificate",
            "content": "6. The Provincial Entomologist may at any time revoke a certificate issued under section 5. R.S.O. 1990, c. A.1, s. 6.",
            "raw_html": "<p class=\"section-e\"><b>6.</b> The Provincial Entomologist may at any time revoke a certificate issued under section 5. R.S.O. 1990, c. A.1, s. 6.</p>"
        },
        {
            "id": "7.",
            "section": "Where service deemed made",
            "content": "7. Where service of a report, notice or certificate under section 4 or 5 is made by mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control receive the report, notice or certificate until a later date. R.S.O. 1990, c. A.1, s. 7.",
            "raw_html": "<p class=\"section-e\"><b>7.</b> Where service of a report, notice or certificate under section 4 or 5 is made by mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control receive the report, notice or certificate until a later date. R.S.O. 1990, c. A.1, s. 7.</p>"
        },
        {
            "id": "8.",
            "section": "Destruction of abandoned orchards",
            "content": "8. Every person who is the owner of an abandoned orchard shall destroy, (a) all fruit trees in the orchard; and (b) such other trees, shrubs or vines, present in the orchard, as are designated in the regulations. R.S.O. 1990, c. A.1, s. 8.",
            "raw_html": "<p class=\"section-e\"><b>8.</b> Every person who is the owner of an abandoned orchard shall destroy,</p> <p class=\"clause-e\">(a) all fruit trees in the orchard; and</p> <p class=\"clause-e\">(b) such other trees, shrubs or vines, present in the orchard, as are designated in the regulations. R.S.O. 1990, c. A.1, s. 8.</p>"
        },
        {
            "id": "9.",
            "section": "Penalty",
            "content": "9. (1) Every person who contravenes this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $2,000. Idem (2) A person who is convicted of a contravention of section 8 is liable on conviction to a further fine of $25 for each day the contravention continues after conviction. R.S.O. 1990, c. A.1, s. 9.",
            "raw_html": "<p class=\"section-e\"><b>9.</b> (1) Every person who contravenes this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $2,000.</p> <p class=\"headnote-e\"><b>Idem</b></p> <p class=\"subsection-e\">(2) A person who is convicted of a contravention of section 8 is liable on conviction to a further fine of $25 for each day the contravention continues after conviction. R.S.O. 1990, c. A.1, s. 9.</p>"
        },
        {
            "id": "10.",
            "section": "Regulations",
            "content": "10. The Lieutenant Governor in Council may make regulations, (a) respecting the issuance and revocation of certificates; (b) prescribing the duties of the Director, the Provincial Entomologist and inspectors; (c) designating fruit-producing trees, shrubs or vines as fruit trees for the purposes of this Act; (d) designating conditions affecting fruit trees for the purposes of section 4; (e) designating trees, shrubs or vines for the purposes of section 8; (f) prescribing forms and providing for their use; (g) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. A.1, s. 10. ______________ Français ",
            "raw_html": "<p class=\"section-e\"><b>10.</b> The Lieutenant Governor in Council may make regulations,</p> <p class=\"clause-e\">(a) respecting the issuance and revocation of certificates;</p> <p class=\"clause-e\">(b) prescribing the duties of the Director, the Provincial Entomologist and inspectors;</p> <p class=\"clause-e\">(c) designating fruit-producing trees, shrubs or vines as fruit trees for the purposes of this Act;</p> <p class=\"clause-e\">(d) designating conditions affecting fruit trees for the purposes of section 4;</p> <p class=\"clause-e\">(e) designating trees, shrubs or vines for the purposes of section 8;</p> <p class=\"clause-e\">(f) prescribing forms and providing for their use;</p> <p class=\"clause-e\">(g) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. A.1, s. 10.</p> <p class=\"line-e\">______________</p> <p class=\"Normal\"><!-- TRANSIT - HYPERLINK --><!-- .http://www.e-laws.gov.on.ca/html/repealedstatutes/french/elaws_rep_statutes_90a01_f.htm. --><a href=\"http://www.e-laws.gov.on.ca/html/repealedstatutes/french/elaws_rep_statutes_90a01_f.htm\" target=\"_top\">Français</a></p> <p class=\"Normal\"></p>"
        }
    ]
}