Marginal note:Prohibition of possession or disposition
(2) In any prosecution for an offence under subsection (1), an accused who is found to have been in possession of a thing that was imported in contravention of this Act or the regulations shall be considered, in the absence of evidence to the contrary, to have known that the thing was so imported.
Marginal note:Assistance in controlling or eradicating pests outside Canada
10 The Minister may provide financial or technical assistance to any person or government outside Canada in controlling or eradicating a pest that affects or could affect plants, or products or by-products of plants, in Canada.
Marginal note:Declaration of infested place
11 (1) Where an inspector suspects or determines that a place is infested with a pest and is of the opinion that the pest could spread, the inspector may in writing declare that the place is infested.
Marginal note:Delivery of declaration
(2) When the declaration is delivered to the occupier or owner of the place to which it relates, the place, together with all contiguous lands, buildings and other places occupied or owned by the occupier or owner, constitutes an infested place until the Minister determines otherwise.
Marginal note:Further declaration
12 (1) Where an inspector declares under section 11 that a place is infested and is of the opinion that the pest could spread to any other land, building or place, the inspector may in writing declare that the other land, building or place is infested.
Marginal note:Delivery of declaration
(2) When a declaration is delivered to the occupier or owner of any land, building or place mentioned in subsection (1), the land, building or place, together with all contiguous lands, buildings and places occupied or owned by the same occupier or owner, constitutes part of the infested place.
Marginal note:Interim powers of inspector
13 (1) Where an inspector is of the opinion that immediate action is required to control a pest, the inspector may, in a declaration under section 11 or 12, and for a period of not more than ninety days, prohibit or restrict the movement of persons and things within, into or out of the infested place for the purpose of controlling the pest.
Marginal note:Cessation of prohibition or restriction
(2) A prohibition or restriction contained in a declaration under section 11 or 12 ceases to have effect where
Marginal note:Where occupier or owner not found
14 Where an inspector cannot, after the exercise of due diligence, find the occupier or owner of any land, building or other place, delivery of a declaration may be effected by posting it on the building or on any building or conspicuous object on the land or at the place.
Marginal note:Report to Minister
Marginal note:Revocation of declaration
(2) Where a place has been declared infested under section 11 or 12, the Minister may revoke the declaration and, on revocation, the place shall cease to be an infested place.
Marginal note:Powers of Minister
(3) The Minister may, by order,
(a) declare any place to be infested that is not already the subject of a declaration under section 11 or 12;
(b) determine and subsequently vary the area of any place that is declared infested;
(c) extend the period of any prohibition or restriction declared by an inspector under subsection 13(1);
(d) prohibit or restrict the movement of persons and things within, into or out of any place that is declared infested; and
(e) permit any movement of persons and things within, into or out of a place that would otherwise be prohibited by this section or section 6.
Marginal note:Description of area of infested place
16 In a declaration under section 11 or 12 or subsection 15(3), the area of an infested place may be described by reference to a map or plan deposited and publicly available at a place specified in the declaration, or by reference to any farm, county, district, municipality, province or any part thereof.
Marginal note:Prohibition or restriction supersedes
17 A prohibition or restriction imposed by the Minister or an inspector supersedes any order of a local authority that is inconsistent with it.
Marginal note:Not a statutory instrument
18 A declaration under section 11 or 12, a revocation of a declaration under subsection 15(2) and an order under subsection 15(3) are not statutory instruments for the purposes of the Statutory Instruments Act, but the Minister shall take such steps as may be practicable in the circumstances to bring any order under subsection 15(3) to the notice of persons likely to be affected by it.
Marginal note:Designation of facilities
19 The Minister may designate areas, offices, laboratories or other facilities inside or outside Canada for a specified purpose or generally for the administration of this Act or the regulations and may at any time amend, cancel or reinstate any such designation.
Definition of international transportation undertaking
(a) an undertaking that transports persons or things internationally;
(b) an international road, railway, bridge or tunnel;
(c) an airport that receives any aircraft operating on an international flight;
(d) a port that receives any ship sailing on an international voyage; and
(e) a warehouse or other facility that receives any international air, water, rail or road traffic.
Marginal note:Required facilities
(2) The owner or operator of an international transportation undertaking shall, where required in writing by the Minister, provide and maintain adequate areas, offices, laboratories and other facilities, including buildings, accommodation, equipment, furnishings and fixtures, for inspection or for any other purpose related to the administration of this Act or the regulations.
Marginal note:Powers of Minister
(3) The Minister may
(a) cause to be made such improvements as the Minister considers desirable to any area, office, laboratory or other facility provided pursuant to subsection (2);
(b) post, on or about the area, office, laboratory or other facility, any signs that the Minister considers appropriate for its operation or safe use or for the administration of this Act or the regulations; and
(c) continue to use the area, office, laboratory or other facility for as long as the Minister requires it for the administration of this Act or the regulations.
Marginal note:Construction or repairs
(4) Where an area, office, laboratory or other facility that is provided by an owner or operator pursuant to subsection (2) is not adequate for the purposes mentioned in that subsection, the Minister may require the owner or operator to carry out any construction or repairs in order to render the area, office, laboratory or other facility adequate for those purposes, and if the owner or operator fails to do so, the Minister may cause the construction or repairs to be carried out and the owner or operator shall be liable for all reasonable costs incurred by the Minister and those costs may be recovered by Her Majesty in right of Canada.
(5) A requirement under subsection (4) shall be communicated by personal delivery of a notice to the owner or operator or by sending the notice to the owner or operator, and the notice may specify the period within which or the manner in which the construction or repairs are to be carried out.
(6) Subject to subsection (7) and any regulations made under subsection (8), a dispute over the adequacy of any area, office, laboratory or other facility may be resolved by arbitration in accordance with the Commercial Arbitration Act.
Marginal note:Canada Labour Code
(7) Any area, office, laboratory or other facility that fails to meet the applicable requirements of Part II of the Canada Labour Code shall be deemed to be not adequate for the purposes mentioned in subsection (2).
(8) The Governor in Council may make regulations for determining the adequacy of any area, office, laboratory or other facility for the purposes mentioned in subsection (2).
- 1990, c. 22, s. 20;
- 2015, c. 3, s. 143(F).
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