Plant Protection Regulations (SOR/95-212)

Regulations are current to 2017-10-13 and last amended on 2017-05-19. Previous Versions

Quarantine

  •  (1) Where the Minister or an inspector believes on reasonable grounds that a thing is a pest or that a period is required to determine 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, any inspector may require that the thing be quarantined.

  • (2) Where an inspector quarantines a thing, any inspector may specify in writing the period of the quarantine and the conditions necessary for the purpose of detecting a pest or biological obstacle to the control of a pest or preventing or controlling the spread of a pest or biological obstacle to the control of a pest.

  • SOR/2009-326, s. 3(F).
  •  (1) Where a thing is quarantined,

    • (a) an inspector shall send or personally deliver a notice of quarantine to the owner or person having the possession, care or control of the thing, unless it is specified in a permit that the thing is to be quarantined; and

    • (b) any inspector may attach a quarantine tag to the thing or its container.

  • (2) A quarantine tag, if any, shall bear the same quarantine number as the notice of quarantine or, where specified in the permit that a thing be quarantined, the quarantine tag shall bear the permit number.

  •  (1) Except as authorized by an inspector pursuant to subsection (2), no person, other than an inspector, shall

    • (a) alter, deface or erase any information on a notice of quarantine or a quarantine tag; or

    • (b) remove a quarantine tag.

  • (2) Where it would be impracticable for an inspector to remove a quarantine tag, any inspector may authorize a person in writing to do so on the inspector’s behalf.

  •  (1) Subject to subsection (2), where an inspector has quarantined a thing, no person shall undertake any activity in respect of the thing except in accordance with the conditions, and for the period, specified pursuant to subsection 11(2).

  • (2) Any inspector may authorize an activity in respect of a thing referred to in subsection (1) where the activity is necessary in order to carry out the quarantine or would not adversely affect the quarantine.

  •  (1) An inspector shall release from quarantine a thing or portion of the thing where an inspector determines that

    • (a) the thing or portion is not a pest, or is not or could not be infested;

    • (b) the thing or portion does not or could not constitute a biological obstacle to the control of a pest;

    • (c) the pest has been eradicated from the thing or portion; or

    • (d) the thing or portion no longer constitutes a biological obstacle to the control of a pest.

  • (2) Where an inspector releases a thing or a portion of the thing from quarantine, an inspector shall send or personally deliver a notice of release from quarantine to the owner or person having the possession, care or control of the thing.

Investigation or Survey of a Thing or Place

  •  (1) An inspector may conduct an investigation or survey of a place or any thing in that place in order to detect pests or biological obstacles to the control of pests and to identify areas in which a pest or biological obstacle to the control of a pest is or could be found.

  • (2) Where, as a result of an investigation or a survey conducted by any inspector or any other person, the Minister or an inspector has reasonable grounds to believe that a pest or biological obstacle to the control of a pest has been detected and an area in which the pest or biological obstacle is or could be found has been identified,

    • (a) the Minister or any inspector may describe the area by reference to a map or plan that is publicly available, or by reference to any farm, county, district, municipality, province or any part thereof; and

    • (b) the Minister shall take all necessary steps as may be practicable in the circumstances to bring any information relevant to the pest or biological obstacle and the area to the notice of persons likely to be affected by the pest or biological obstacle.

  • SOR/2017-94, s. 16.

Treatment or Processing of a Thing or Place

  •  (1) Where 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, any inspector may, in order to eradicate, or prevent the spread of, the pest or biological obstacle, decide that the thing or place shall be treated or processed and may determine the treatment or process and manner of treatment or processing.

  • (2) Where, pursuant to subsection (1), an inspector decides that a thing or place shall be treated or processed, any inspector may

    • (a) treat or process it or cause it to be treated or processed; or

    • (b) require the owner or the person having the possession, care or control of the thing or place to treat or process it or cause it to be treated or processed.

  • (3) A requirement made pursuant to paragraph (2)(b) shall be communicated by sending or personally delivering a notice in writing to the owner or other person, and the notice may specify the treatment or process, manner of treatment or processing or the date by which the treatment or processing shall be completed.

  • (4) An owner or other person who receives a notice referred to in subsection (3) shall ensure that

    • (a) the treatment or process is carried out in accordance with the notice and any other instructions issued by an inspector in respect of the treatment or process or manner of treatment or processing of the thing or place; and

    • (b) the pest or biological obstacle to the control of a pest is eradicated and the spread of the pest or biological obstacle is prevented.

Treatment or Processing of a Thing or Place after Detention, Confiscation, Forfeiture or Quarantine

  •  (1) Where, pursuant to section 27, 33 or 35 of the Act, a thing is detained, forfeited or confiscated or where, under these Regulations, a thing is quarantined, an inspector may require the owner or person having the possession, care or control of any thing or place in or on which the thing was contained, detained, forfeited, confiscated, or quarantined to treat or process, or cause to be treated or processed, that thing or place.

  • (2) Subsections 17(3) and (4) apply, with such modifications as the circumstances require, where, pursuant to subsection (1), an inspector requires that a thing or place be treated or processed.

Removal of Persons or Things that Interfere with Treatment

 Where a person or thing in any place presents an obstacle to a treatment required under the Act or any regulation or order made thereunder, or may be adversely affected by that treatment, an inspector may orally or in writing require the removal of the person or thing from the place, and the person or the owner or person having the possession, care or control of the thing shall comply forthwith.

Prohibiting or Restricting the Use of a Place

  •  (1) Where an inspector has reasonable grounds to believe that a place is infested, the inspector may prohibit or restrict the use of the place.

  • (2) A prohibition or restriction under subsection (1) shall be communicated by sending or personally delivering a written notice to the occupier or owner of the place or, where the inspector cannot, after the exercise of due diligence, find the occupier or owner, by posting the notice at the place in question.

  • (3) A prohibition or restriction under subsection (1) takes effect immediately on the communication or posting of the notice and continues during the period specified in the notice or, where no period is specified, indefinitely.

  • SOR/2009-326, s. 4;
  • SOR/2017-94, s. 17.

Prohibiting or Restricting Activities

  •  (1) Where an inspector has reasonable grounds to believe that a thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, the inspector may, in writing, for the purpose of detecting, eradicating or preventing the spread of the pest or biological obstacle,

    • (a) prohibit or restrict any activity in respect of the thing indefinitely or during a specified period; and

    • (b) specify conditions respecting the prohibition or restriction.

  • (2) A prohibition or restriction referred to in subsection (1) shall be communicated by sending or personally delivering a written notice to the owner or person having the possession, care or control of the thing or, where an inspector cannot, after the exercise of due diligence, find the owner or that other person, by posting the notice on the thing.

  • (3) A prohibition or restriction under subsection (1) takes effect immediately on the communication or posting of the notice and continues during the period specified in the notice or, where no period is specified, indefinitely.

  • SOR/2009-326, s. 5;
  • SOR/2017-94, s. 17.

Controlling the Movement of Persons or Things

 Where, pursuant to subsection 13(1) of the Act or paragraph 15(3)(d) of the Act, the Minister or an inspector has prohibited or restricted the movement of persons or things within, into or out of any place that has been declared infested, no person shall, except as authorized by an inspector and, in the case of an order made pursuant to paragraph 15(3)(d) of the Act, except in accordance with the prohibition or restriction set out in the order,

  • (a) enter, move within or leave the place; or

  • (b) move any thing.

 
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