Plant Protection Regulations (SOR/95-212)

35 Subject to section 34, a permit shall remain in force for the period specified in the permit.

36 The person to whom a permit has been issued shall

• (a) where required as a condition of the permit to keep a record in a form established by the Minister and containing information respecting activities undertaken in respect of the thing, furnish the record, on request, for inspection or copying by an inspector; and

• (b) retain the record referred to in paragraph (a) for such period as may be specified in the permit.

37 Where the Minister or an inspector determines that a person to whom a permit has been issued has not complied with any condition set out in the permit or where the Minister or an inspector believes on reasonable grounds that there is an infestation in the country of origin or the country from which the thing was re-shipped, any inspector may detain or prohibit the admission into Canada of the thing in respect of which the permit was issued or may order that the thing be disposed of.

Treatment or Processing

38 No person shall import into Canada any thing that is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, unless the thing is treated or processed

• (a) at origin in a manner that eliminates any pest or biological obstacle to the control of a pest or results in any pest or biological obstacle to the control of a pest being non-viable; or

• (b) in the manner and at the place that may be specified in a permit or as required by an inspector pursuant to section 17.

Declaration

39 Every person shall, at the time of importation into Canada of any thing that is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, declare that thing to an inspector or customs officer at a place of entry set out in subsection 40(1).

Places of Entry

• 40 (1) The Canadian customs offices and Agency offices at the following places are designated as places of entry where things shall be presented for inspection and admittance to Canada:

  • (a) in Ontario,

    • (i) Brampton,

    • (ii) Cornwall,

    • (iii) Fort Erie,

    • (iv) Fort Frances,

    • (v) Hamilton,

    • (vi) Lansdowne,

    • (vii) London,

    • (viii) Niagara Falls,

    • (ix) Ottawa (including Macdonald-Cartier International Airport),

    • (x) Prescott,

    • (xi) Rainy River,

    • (xii) Sarnia,

    • (xiii) Sault Ste. Marie,

    • (xiv) Thunder Bay (Pigeon River),

    • (xv) Toronto (Front Street, Interport Suffarence Warehouse, Midcontinent Truck Terminal, Lester B. Pearson International Airport and Suffarence Truck Terminal),

    • (xvi) Welland, and

    • (xvii) Windsor (Ambassador Bridge and Detroit/Windsor Tunnel);

  • (b) in Quebec,

    • (i) Armstrong,

    • (ii) Huntingdon,

    • (iii) Lacolle, route 15,

    • (iv) Montreal (Place d’Youville, Dorval International Airport, Mirabel International Airport and CAN PAC International Freight Services),

    • (v) Quebec City,

    • (vi) Rock Island, route 55, and

    • (vii) Saint-Armand-Philipsburg;

  • (c) in Nova Scotia,

    • (i) Halifax (Ralston Building and Halifax International Airport),

    • (ii) Sydney, and

    • (iii) Yarmouth;

  • (d) in New Brunswick,

    • (i) Bayside,

    • (ii) Edmundston,

    • (iii) Moncton,

    • (iv) Saint John,

    • (v) St. Stephen, and

    • (vi) Woodstock;

  • (e) in Manitoba,

    • (i) Boissevain,

    • (ii) Emerson,

    • (iii) Gretna, and

    • (iv) Winnipeg (Main Street and Winnipeg International Airport);

  • (f) in British Columbia,

    • (i) Huntingdon,

    • (ii) Kingsgate,

    • (iii) Osoyoos,

    • (iv) Pacific Highway (Highway 15),

    • (v) Sidney (including Victoria Airport),

    • (vi) Vancouver (Customs Commercial Operations, International Marine Operations and Vancouver International Airport), and

    • (vii) Victoria;

  • (g) in Prince Edward Island, Charlottetown;

  • (h) in Saskatchewan,

    • (i) Monchy,

    • (ii) North Portal,

    • (iii) Regina,

    • (iv) Regway, and

    • (v) Saskatoon;

  • (i) in Alberta,

    • (i) Calgary (Calgary International Airport and Harry Hays Building),

    • (ii) Coutts, and

    • (iii) Edmonton (including Edmonton International Airport); and

  • (j) in Newfoundland and Labrador,

    • (i) Corner Brook,

    • (ii) Gander (including Gander International Airport), and

    • (iii) St. John’s (including St. John’s Airport).

• (2) A thing shall be presented at a place of entry set out in subsection (1) during regular working hours fixed by the Minister.

• (3) An inspector or customs officer may require in writing that any thing entering Canada be directed to another place of entry or place inside Canada, for the purpose of inspecting the thing.

• (4) Where, pursuant to subsection (3), an inspector or customs officer has required a thing to be directed to another place of entry or place inside Canada, no person shall

  • (a) move the thing to any place except the place indicated; or

  • (b) open any conveyance or unpack any package containing the thing, except as authorized by any inspector or customs officer.

Packaging and Labelling

• 41 (1) Where any thing that is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest enters Canada, its container or accompanying invoice shall bear such marks as will identify the person importing the thing, the foreign exporter, the thing and, if applicable, the permit number.

• (2) Any thing referred to in subsection (1) shall be packaged in a container in such a manner as to prevent the thing from becomming infested or spreading a pest or a biological obstacle to the control of a pest.

• (3) to (5) [Repealed, SOR/2003-6, s. 99]

Prohibitions

• 42 (1) The Minister or an inspector may prohibit a thing from entering Canada where the Minister or an inspector determines, on the basis of the type of the thing or of a known or suspected infestation at the place of propagation or production, or place from which the thing was shipped, that

  • (a) the thing is a pest;

  • (b) the thing is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest that cannot be treated or processed to the extent necessary to ensure that the thing is not a pest or infested or is no longer a biological obstacle to the control of a pest;

  • (c) a foreign Phytosanitary Certificate cannot be obtained from the country of origin or a foreign Phytosanitary Certificate for Re-export cannot be obtained from the country of re-export of the thing; or

  • (d) failure to do so would or could result in the introduction into Canada, or spread within Canada, of a pest or a biological obstacle to the control of a pest.

• (2) No person shall import into Canada a thing that the Minister or an inspector has prohibited from entering Canada in writing, or in a permit where the permit prohibits the importation of that thing.

Admission of Things for Special Purposes

• 43 (1) Notwithstanding sections 38 and 42, the Minister shall issue a permit to a person in respect of any thing that is a pest, infested or a biological obstacle to the control of a pest or that does not meet the requirements of the Act or any regulation or order made thereunder where the Minister determines that

  • (a) the thing is imported for the purpose of being used for scientific research, educational, processing, industrial or exhibition purposes; and

  • (b) the person is able and willing to comply with the conditions to be set out in the permit and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest.

• (2) A thing referred to in subsection (1) shall be packaged, transported, handled, controlled and used in a manner that ensures a pest or biological obstacle to the control of a pest is not introduced into or spread within Canada.

• (3) Where a thing referred to in subsection (1) or any remains of the thing or portion thereof is to be disposed of, the owner or person having the possession, care or control of the thing, remains or portion thereof shall dispose of it in a manner that

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

  • (b) 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.

• (4) No person shall import into Canada a thing referred to in subsection (1) unless

  • (a) the person has complied with sections 30 and 31, subsection 34(1) and sections 36, 39 and 40;

  • (b) if required by the Minister and prior to the issuance of a permit, the person has indicated in writing that the person is able and willing to comply with all the conditions that the Minister has indicated will be set out in the permit;

  • (c) the thing is admitted into Canada at a place and conveyed within Canada to the place set out in the permit;

  • (d) the thing is dealt with in such a manner as may be specified in the permit;

  • (e) the thing is packaged and labelled in accordance with section 41; and

  • (f) the person having the possession, care or control of the thing obtains a written authorization in accordance with the Act or any regulation or order made thereunder before undertaking any activity in respect of the thing other than an activity in respect of which the permit was issued and before moving the thing from the original place of destination within Canada.

Entry Denied to Things or Conveyances en Route to Canada

44 Any inspector may prohibit the entry into Canada or its territorial sea, as defined in the Oceans Act, of any thing or conveyance, where the Minister or an inspector believes on reasonable grounds that the thing or conveyance

• (a) is a pest or is infested or is suspected of being infested;

• (b) constitutes or could constitute a biological obstacle to the control of a pest; or

• (c) on entering Canada, would be in contravention of a provision of the Act or any regulation or order made thereunder.

PART IIIMovement of Things

Movement Certificate

• 45 (1) A Movement Certificate may contain conditions specified by the Minister or an inspector that are necessary to prevent the spread of a pest or biological obstacle to the control of a pest and may specify a period of validity.

• (2) Where a Movement Certificate is required in respect of a thing by the Act or any regulation or order made thereunder or by the Minister or an inspector pursuant to the Minister’s or inspector’s powers under the Act or any regulation or order made thereunder, no person shall move the thing unless the person

  • (a) obtains a Movement Certificate; and

  • (b) complies with all the conditions set out in the Movement Certificate.

• (3) No person shall move any thing in respect of which a Movement Certificate is required under subsection (2) unless all the conditions set out in the Movement Certificate respecting the thing prior to movement have been complied with.

• 46 (1) No person, other than an inspector, shall alter, deface or erase any information or statement on a Movement Certificate.

• (2) A Movement Certificate is void where

  • (a) a person does not comply with any condition referred to in paragraph 45(2)(b) or does not comply with any provision of the Act or any regulation or order made thereunder; or

  • (b) a person other than an inspector has altered or defaced the Movement Certificate or has erased any information on the Movement Certificate.

• (3) [Repealed, SOR/2017-94, s. 19]

Written Authorization to Move

47 For the purposes of subsection 6(2) of the Act, the inspector’s authorization may be in the form of a Movement Certificate.

Identification

• 48 (1) Any thing in respect of which a Movement Certificate is issued shall bear a tag or label, or be accompanied by an invoice, that clearly identifies the thing, the origin of the thing and its final destination.

• (2) Any label, tag or invoice referred to in subsection (1) shall also state the name and complete address of the consignee and consignor.

Packaging and Transportation

49 Any thing in respect of which a Movement Certificate is issued shall be packaged, contained and moved in such a manner as to prevent the thing from becoming infested or becoming a biological obstacle to the control of a pest or from spreading a pest or a biological obstacle to the control of a pest.

Prohibitions

• 50 (1) Subject to section 54, no person shall move any thing set out in column I of an item of Schedule I from a place in Canada set out in column II of that item to a place in Canada set out in column III of that item if the thing

  • (a) is a pest named in column IV of that item;

  • (b) is infested or could be infested with a pest named in column IV of that item; or

  • (c) is or could be a biological obstacle to the control of a pest named in column IV of that item.

• (2) Subject to section 54, no person shall move any pest named in column IV of an item of Schedule I within or outside an area specified in column II of that item.

• (3) Subject to section 54, no person shall move any pest named in column V of an item of Schedule II within or outside an area specified in column II of that item.