Plant Protection Act (S.C. 1990, c. 22)

Act current to 2015-03-03 and last amended on 2015-02-27. Previous Versions

Marginal note:Possessing or using misleading mark, label, tag, seal or device

 No person shall have in their possession or use

  • (a) any mark, label, tag or seal that so closely resembles one required under this Act that it is likely to be mistaken for it; or

  • (b) any device that is designed or adapted to create a mark that so closely resembles a mark required under this Act that it is likely to be mistaken for it.

  • 2015, c. 2, s. 106.

SAMPLES

Marginal note:Disposition of samples
  •  (1) A sample taken under this Act or the regulations may be disposed of in such manner as the Minister considers appropriate.

  • Marginal note:Her Majesty not liable

    (2) Her Majesty is not liable for any costs, loss or damage resulting from the taking or disposition of a sample under this Act or the regulations.

LIMITATION ON LIABILITY

Marginal note:Her Majesty not liable

 If a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable

  • (a) for any costs, loss or damage resulting from the compliance; or

  • (b) to pay any fee, including any rent or charge, for what is done or permitted to be done.

  • 1990, c. 22, s. 38;
  • 2015, c. 2, s. 107.
Marginal note:No liability

 No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.

  • 2015, c. 2, s. 107.

COMPENSATION

Marginal note:Compensation for treatment, etc.
  •  (1) The Minister may, in accordance with the regulations, order compensation to be paid from the Consolidated Revenue Fund in respect of

    • (a) any treatment of a place or any treatment, storage or disposition of a thing required under this Act or the regulations;

    • (b) any prohibition or restriction on the use of a place or on the movement of persons or things within, into or out of a place imposed under this Act or the regulations; or

    • (c) any prohibition or restriction on the use of a thing or on the sale or other disposition of a thing imposed under this Act or the regulations.

  • Marginal note:Limitation

    (2) No compensation is payable under subsection (1) in respect of

    • (a) a thing that is imported into Canada or exported from Canada in contravention of this Act or the regulations or a thing that is found to be a pest, to be infested with a pest or to constitute a biological obstacle to the control of a pest when it is inspected on importation or exportation; or

    • (b) the prohibition or restriction of the sale or movement of a thing where the sale or movement is prohibited or restricted as a result of an amendment, suspension or revocation of, or a refusal to issue or renew, a permit, certificate or other document that is required under this Act or the regulations.

  • Marginal note:Limitation

    (3) No compensation is payable to a person who commits a violation, or an offence under this Act, and claims compensation in respect of any place or thing by means of or in relation to which the violation or offence was committed.

  • 1990, c. 22, s. 39;
  • 1995, c. 40, s. 81;
  • 1997, c. 6, s. 83.