3. An inspector may, as appropriate in the circumstances for the purpose of eradicating a pest or preventing its spread, take one or more of the actions that the inspector is authorized to take under the Act or any regulation or order made under the Act if

• (a) after a pest risk assessment, the Minister or an inspector believes on reasonable grounds that a thing is a pest, or a thing or place is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest; and

• (b) the Minister determines that it is necessary and cost-justifiable to take pest control measures.

4. For the purposes of section 5 of the Act, the specimen of a suspected pest that is to be provided to the Minister shall be treated, packaged, contained and moved in such a manner as to prevent the suspected pest from escaping.

• 5. (1) For the purposes of subsection 6(1) of the Act, a person may undertake any activity referred to in that subsection in respect of a thing that is a pest, is or could be infested or is or could constitute a biological obstacle to the control of a pest if

  • (a) the Minister or an inspector determines that the activity is for the purpose of scientific research, educational, processing, industrial or exhibition purposes;

  • (b) the person obtains a written authorization issued by the Minister or an inspector in accordance with subsection (2);

  • (c) the thing is packaged, transported, handled, controlled and used in a manner that ensures a pest or biological obstacle to the control of a pest is not spread within or from Canada;

  • (d) the thing is moved in accordance with the requirements of Part III; and

  • (e) where the thing or any remains of the thing or portion thereof is to be disposed of, the owner or the person having the possession, care or control of the thing, remains or portion thereof disposes of it in a manner that

    • (i) ensures that a pest or biological obstacle to the control of a pest will not spread, and

    • (ii) destroys any pest or biological obstacle to the control of a pest or ensures that the pest or biological obstacle to the control of a pest is non-viable.

• (2) Subject to paragraph (1)(a), the Minister or an inspector shall issue a written authorization in respect of any activity referred to in subsection 6(1) of the Act where the Minister or an inspector determines that the person is able and willing to comply with paragraphs (1)(c), (d) and (e) and with the conditions set out in the authorization and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest.

• (3) A written authorization referred to in subsection (2) may set out the conditions under which any activity referred to in subsection 6(1) of the Act may be undertaken in respect of the thing to prevent the spread within or from Canada of a pest or a biological obstacle to the control of a pest.

• (4) A person who obtains a written authorization referred to in subsection (2) shall comply with all the conditions set out in the authorization.

• (5) Subject to section 21, a person is not required to obtain a written authorization referred to in paragraph (1)(b) of these Regulations or in subsection 6(2) of the Act where the person is acting for or on behalf of Her Majesty in right of Canada and

  • (a) is acting for any of the purposes set out in section 2 of the Act or in respect to the application of the Act or any regulation or order made thereunder; or

  • (b) is moving a thing for the purpose of administering any other Act.