Quarantine Act (S.C. 2005, c. 20)

Act current to 2014-12-08 and last amended on 2007-06-22. Previous Versions

Marginal note:Compensation to owners

 The Minister may compensate the owner of any conveyance, cargo or other thing that is damaged or destroyed under section 39 or 40 in an amount equal to the market value, as determined by the Minister, that the property had at the time of its damage or destruction, less any amount that the owner received or is entitled to receive in respect of it from salvage, insurance or any other source.

CADAVERS, BODY PARTS AND OTHER HUMAN REMAINS

Marginal note:Obligation of operator
  •  (1) Every operator carrying a cadaver, a body part or other human remains into Canada shall provide a copy of the death certificate to the screening officer at the entry point.

  • Marginal note:No death certificate or communicable disease

    (2) If the operator does not provide a death certificate or the screening officer has reasonable grounds to suspect that the cadaver, body part or other human remains have or might have a communicable disease or are infested with vectors, the screening officer shall immediately inform a quarantine officer and follow any directive of that officer respecting the matter.

  • Marginal note:Directive

    (3) The operator shall comply with any directive of the quarantine officer respecting the cadaver, body part or other human remains.

Marginal note:Prohibition

 No person shall export a cadaver, a body part or other human remains that have or might have a communicable disease listed in the schedule unless the exportation is in accordance with the regulations or is authorized by the Minister.

Marginal note:Exception

 Sections 44 and 45 do not apply to the import or export of cells, tissues or organs for transplantation that are imported or exported in accordance with the Food and Drugs Act.

GENERAL POWERS

Marginal note:Powers of inspection
  •  (1) A quarantine officer or an environmental health officer may, to determine whether a conveyance or place, or any contents within it, could be the source of a communicable disease, or whether a traveller has or might have a communicable disease or is infested with vectors, and to enforce this Act,

    • (a) stop a conveyance, at an entry or departure point or anywhere else in Canada, and direct that it be moved to a place where an inspection can be carried out;

    • (b) enter and inspect the conveyance or any place where the conveyance has been;

    • (c) open and examine any cargo, container, baggage, package or other thing;

    • (d) require any person to produce any record under any terms and conditions that, in the opinion of the officer, are necessary to carry out the inspection;

    • (e) except with respect to a traveller, conduct or cause to be conducted any test or analysis or take or cause to be taken any sample; and

    • (f) except with respect to a traveller, take any measurement.

  • Marginal note:Operation of data processing systems and copying equipment

    (2) In conducting the inspection, the officer may

    • (a) use or cause to be used any computer or data processing system to examine any data contained in or available to it;

    • (b) obtain data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and

    • (c) use or cause to be used any copying equipment to make copies of any record or other document.

  • Marginal note:Powers of the screening officer

    (3) A screening officer may exercise any of the powers set out in this section, other than those set out in paragraph (1)(e).