Spongy Moth Eradication Regulation - 100/2022
B.C. Reg. 100/2022
O.C. 205/2022
Deposited April 11, 2022
This consolidation is current to August 22, 2023.
Link to consolidated regulation (PDF)
Link to Point in Time

Plant Protection Act

Spongy Moth Eradication Regulation

[Last amended April 24, 2023 by B.C. Reg. 109/2023]

Definitions

1   In this regulation:

"Btk" means an insecticide containing Bacillus thuringiensis var. kurstaki as its active ingredient;

"buffer zone" means the area shown in grey surrounding a treatment zone on the map in the Schedule that relates to that treatment zone;

"pesticide droplet monitoring card" means a card which is used to determine the number, density and size of droplets of pesticide spray deposited at a particular location;

"spongy moth" means the following species of moth:

(a) Lymantria albescens;

(b) Lymantria dispar;

(c) Lymantria dispar dispar;

(d) Lymantria umbrosa;

"treatment period" means the period that begins April 1 and ends October 31;

"treatment zone" means a specified area outlined in heavy black on a map in the Schedule.

[am. B.C. Reg. 109/2023, s. 2.]

Powers of inspectors

2   (1) Subject to the limits set out in section 3, an inspector has the following powers:

(a) to undertake treatment within a treatment zone by applying Btk, using an aerial or ground spray;

(b) to enter on land in a treatment zone to do any of the following:

(i) search for and remove spongy moth eggs;

(ii) search for spongy moths;

(iii) set or retrieve traps for spongy moths;

(c) to enter on land in a treatment zone or buffer zone to set or retrieve pesticide droplet monitoring cards.

(2) For the purposes of subsection (1) (a), a treatment may consist of the application of Btk over multiple days if, due to mechanical, meteorological or any other reason, Btk cannot be applied throughout the treatment zone in a single day.

(3) Nothing in subsection (1) (a) limits an authorization granted under the Integrated Pest Management Act for overspray or drift from treatment to pass into the buffer zone.

[am. B.C. Reg. 109/2023, s. 3.]

Limits on powers

3   An inspector may exercise powers under section 2 only as follows:

(a) Btk may be applied in a treatment zone only during the treatment period;

(b) no more than 4 treatments may be undertaken during the treatment period;

(c) land in a treatment zone may be entered for a purpose set out in section 2 (1) (b) only during the treatment period;

(d) land in a treatment zone or buffer zone may be entered for a purpose set out in section 2 (1) (c) only during the treatment period.

Schedule

[en. B.C. Reg. 109/2023, s. 4.]

[Provisions relevant to the enactment of this regulation: Plant Protection Act, R.S.B.C. 1996, c. 365, ss. 3 and 8.]