Plant Protection Regulations (SOR/95-212)

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

 For the purposes of section 22, an inspector or a peace officer acting on the request of an inspector may

  • (a) control the movement of any person within or about to enter or leave a place that has been declared infested; or

  • (b) issue a written notice directing the movement of any thing to a specified place for the purpose of complying with the Act or any regulation or order made thereunder.

Seizure and Detention

  •  (1) Where an inspector seizes and detains any thing under section 27 of the Act,

    • (a) an inspector shall send or personally deliver a notice of detention to the owner or person having the possession, care or control of the thing; and

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

  • (2) A detention tag, if any, shall bear the same detention number as the notice of detention.

  • SOR/2009-326, s. 6(F).
  •  (1) Except as authorized by an inspector pursuant to subsection (2) or (3), no person, other than an inspector, shall

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

    • (b) remove a detention tag; or

    • (c) undertake any activity in respect of a thing that is detained.

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

  • (3) An inspector may authorize an activity referred to in paragraph (1)(c) where the activity is necessary in order to detect, eradicate, or prevent the spread of a pest or biological obstacle to the control of a pest.

  •  (1) Where, in accordance with subsection 32(1) of the Act, a thing or any proceeds realized from its disposition may no longer be detained, an inspector shall release the thing or proceeds from detention and send or personally deliver a notice of release from detention to the owner or person having the possession, care or control of the thing.

  • (2) [Repealed, SOR/2017-94, s. 18]

  • SOR/2017-94, s. 18.

Disposition

  •  (1) Where the Minister or an inspector believes on reasonable grounds that 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 the owner or person having the possession, care or control of the thing to dispose of it.

  • (2) A requirement under subsection (1) shall be communicated by sending or personally delivering a notice in writing to the owner or other person, and the notice shall specify the manner of disposition and may specify the place of disposition and the date by which the disposition shall be completed.

  • (3) Where, pursuant to subsection (1), an inspector requires that a thing be disposed of, any inspector may also require the owner or person having the possession, care or control of the thing to treat or cause to be treated any place or thing in or on which the thing to be disposed of was placed, contained, stored, detained or quarantined.

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

  • (5) Where, pursuant to subsection (1), an inspector requires that a thing be disposed of, no person shall undertake any other activity in respect of the thing without the approval of an inspector.

PART IIImportation

Interpretation

 In this Part,

foreign Phytosanitary Certificate

foreign Phytosanitary Certificate means a document, issued by the government of the country of origin of a thing, that attests to the phytosanitary status of the thing and that

  • (a) contains the information required by the Model Phytosanitary Certificate set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time,

  • (b) is issued within 14 days before the thing is shipped to Canada, and

  • (c) is signed by an official of the country of origin who has been authorized by the government of that country to sign such certificates; (certificat phytosanitaire étranger)

foreign Phytosanitary Certificate for Re-export

foreign Phytosanitary Certificate for Re-export means a document, issued by the government of the foreign country from which a thing is re-exported, that indicates that a thing is considered to conform with Canadian phytosanitary import requirements and that

  • (a) contains the information required by the Model Phytosanitary Certificate for Re-Export set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time,

  • (b) is issued within 14 days before the thing is shipped to Canada, and

  • (c) is signed by an official of the country of re-export who has been authorized by the government of that country to sign such certificates. (certificat phytosanitaire étranger pour réexportation)

Importation Requirements

  •  (1) Subject to subsections (1.1) to (5) and the conditions set out in sections 38 to 44, 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 person has obtained and furnished to an inspector a valid permit number and, as applicable, a foreign Phytosanitary Certificate or a foreign Phytosanitary Certificate for Re-export.

  • (1.1) The person may obtain and furnish to an inspector the number of the applicable certificate referred to in subsection (1) instead of the certificate if doing so is in accordance with an agreement between the Minister and the phytosanitary certification authorities of a foreign country to furnish documents directly to the Minister in electronic form.

  • (2) Subject to subsections (3) and (4), a person may import a thing referred to in subsection (1) without a permit where the Minister determines, on the basis of a pest risk assessment,

    • (a) that the thing is not a pest, is not or is not suspected of being infested or does not or could not constitute a biological obstacle to the control of a pest, and that the thing originates from an area free from pests listed in the List of Pests Regulated by Canada, published by the Agency, as amended from time to time; or

    • (b) where the thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, that the thing has been treated or processed in the country or place of origin or reshipment in a manner that eliminates any pest or biological obstacle or results in any pest or biological obstacle being non-viable.

  • (3) Where a thing originates from an area referred to in paragraph (2)(a), a person who imports the thing without a permit shall furnish to an inspector a document that attests to the origin of the thing.

  • (4) Where a permit is not required pursuant to paragraph (2)(b), the person shall, before importation, demonstrate to the Minister or an inspector that the treatment or process of the thing has

    • (a) eradicated any pest or biological obstacle to the control of a pest; or

    • (b) resulted in any pest or biological obstacle to the control of a pest being non-viable.

  • (5) Where a person referred to in subsection (4) does not demonstrate before importation that the treatment or process has attained a result referred to in that subsection, the person shall comply with subsection (1).

  • (6) Any thing referred to in subsection (2) shall be packaged, moved, handled, controlled and used in a manner that ensures that the thing does not become a pest, infested or a biological obstacle to the control of a pest.

  • (7) A person may import a thing referred to in subsection (1) without a foreign Phytosanitary Certificate or foreign Phytosanitary Certificate for Re-export where the Minister determines, on the basis of a pest risk assessment, that the thing is not a pest, is not or is not suspected of being infested or does not constitute or could not constitute a biological obstacle to the control of a pest.

  • SOR/97-292, s. 31;
  • SOR/2007-48, s. 2;
  • SOR/2009-326, s. 7(F).

Permit Application

 A person may apply for a permit if the person

  • (a) is a Canadian citizen or permanent resident, as those terms are defined in subsection 2(1) of the Immigration Act;

  • (b) is authorized under the laws of Canada to reside in Canada for a period of six months or more and will have the possession, care or control of the thing to be imported; or

  • (c) in the case of a corporation with a place of business in Canada, is an agent or officer of the corporation who resides in Canada.

 
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