Plant Protection Regulations (SOR/95-212)
Plant Protection Regulations
SOR/95-212
Registration 1995-04-28
Regulations Respecting the Prevention of the Importation, Exportation and Spreading of Pests Injurious to Plants and Provision for their Control and Eradication, and for the Certification of Plants and Other Things
P.C. 1995-705 1995-04-26
His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 32(1) and section 47Footnote * of the Plant Protection ActFootnote **, is pleased hereby to repeal the Plant Quarantine Regulations, C.R.C., c. 1273, and the Emergency Plant Infestation Regulations, made by Order in Council P.C. 1979-2304 of August 24, 1979Footnote ***, and to make the annexed Regulations respecting the prevention of the importation, exportation and spreading of pests injurious to plants and provision for their control and eradication, and for the certification of plants and other things, in substitution therefor.
Return to footnote *S.C. 1993, c. 34, s. 103
Return to footnote **S.C. 1990, c. 22
Return to footnote ***SOR/79-642, 1979 Canada Gazette Part II, p. 3113
SHORT TITLE
1. These Regulations may be cited as the Plant Protection Regulations.
INTERPRETATION
2. In these Regulations,
“Act” means the Plant Protection Act; (Loi)
“activity”, in respect of a thing, means the processing, handling, packaging, labelling, distributing, sale, disposition, loading, unloading, movement, use, treatment, preservation, safeguarding or storage of the thing, and includes any activity referred to in subsection 6(1) of the Act; (activité)
“Agency” means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)
“infested” means that a pest is present in or on a thing or place or that the thing or place is so exposed to a pest that one can reasonably suspect that the pest is in or on the thing or place; (infesté) (parasité)
“Movement Certificate” means a document, issued pursuant to the Act and signed by an inspector, that authorizes the movement of things within Canada or from Canada to a foreign destination; (certificat de circulation)
“permit” means a permit to import a thing issued by the Minister pursuant to subsection 32(1) or 43(1); (permis)
“pest risk assessment” means a pest risk assessment conducted by the Minister in accordance with the principles of the International Standards for Phytosanitary Measures, Part I — Import Regulations, Guidelines for Pest Risk analysis, published by the Food and Agriculture Organization of the United Nations, as amended from time to time, with the definition “pest” in those guidelines being replaced by the definition “pest” in section 3 of the Act, for the purpose of
(a) determining if a thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest,
(b) recommending actions, as applicable,
(i) to prevent the introduction into Canada or the spread within or from Canada of any pest or biological obstacle to the control of a pest, or
(ii) to control a pest or to eradicate a pest or biological obstacle to the control of a pest,
(c) determining if a thing that is a pest or biological obstacle to the control of a pest has a significant adverse effect on the environment, and
(d) minimizing the degradation of environmental quality with respect to Canadian flora; (analyse du risque phytosanitaire)
“quarantine” means the confinement of a thing for a period and includes confinement for the purposes of
(a) observation, inspection, testing or analysis of a thing to determine if the thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, or
(b) preventing the spread of a pest or biological obstacle to the control of a pest; (quarantaine)
“send” includes electronic transmittal and mail. (envoyer)
- SOR/97-292, s. 30;
- SOR/2003-6, s. 98;
- SOR/2009-326, s. 1(F).