Plant Protection Regulations (SOR/95-212)

Regulations are current to 2016-05-12 and last amended on 2013-04-26. Previous Versions

PART IVExportation

Canadian Phytosanitary Certificate and Other Documents

  •  (1) In this Part,

    Canadian Phytosanitary Certificate

    Canadian Phytosanitary Certificate means a document, issued by an inspector, that attests to the phytosanitary status of any thing exported from Canada 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, and

    • (b) is signed by an inspector and sealed with an official Canadian Phytosanitary Certificate seal; (certificat phytosanitaire canadien)

    Canadian Phytosanitary Certificate for Re-export

    Canadian Phytosanitary Certificate for Re-export means a document, issued by an inspector, that indicates that a thing is considered to conform with the laws of the importing country respecting phytosanitary import requirements, and to which is attached a copy of the original Phytosanitary Certificate from the country of origin 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, and

    • (b) is signed by an inspector and sealed with an official Canadian Phytosanitary Certificate seal. (certificat phytosanitaire canadien pour réexportation)

  • (2) No person shall export from Canada any thing for which a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document is required by the phytosanitary certification authorities in the country of final destination, unless the appropriate document is issued by an inspector.

  • (3) An inspector may issue a Canadian Phytosanitary Certificate or Canadian Phytosanitary Certificate for Re-export or any other document required by the phytosanitary certification authorities in the country of final destination only if the inspector believes on reasonable grounds that the thing to be exported conforms with the laws of the importing country respecting phytosanitary import requirements.

  • (4) No person, other than an inspector or a person authorized in writing by an inspector, shall have in the person’s possession, custody or control an official Canadian Phytosanitary Certificate seal or any facsimile thereof.

  • (5) No person, other than an inspector shall alter, deface or erase any information or statement in a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder.

  • (6) A Canadian Phytosanitary Certificate or Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder is void if any person other than an inspector has altered, defaced or erased any information or statement in the certificate.

  • (7) No person shall substitute any other thing for any thing for which a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder is issued by an inspector.

General

  •  (1) For the purposes of preventing the spread of pests, no person shall export from Canada any thing referred to in section 7000 of the schedule to the Export Control List or any thing that is infested with a thing referred to in that section, unless prior to export the person has obtained an export permit referred to in section 7 of the Export and Import Permits Act.

  • (2) Where a person has obtained an export permit referred to in subsection (1), the person is not required to obtain a Movement Certificate in respect of the thing if the thing is shipped directly out of Canada.

  • (3) Any thing in respect of which an export permit referred to in subsection (1) has been issued shall be packaged, contained and moved in such a manner as to prevent the thing from spreading a pest or biological obstacle to the control of a pest.

 No person shall export or re-export any thing from Canada unless it meets the laws of the importing country respecting phytosanitary import requirements.

  • SOR/2009-326, s. 14(F).

Conveyance and Facility Inspection

  •  (1) For the purposes of this section, vessel means any ship, boat or other means of transport used or designed to be used in water navigation.

  • (2) No person shall load or complete the loading of grain or a grain product aboard a vessel unless

    • (a) prior to the loading of the grain or grain product and, if required by an inspector for the purpose of determining if the vessel is infested or constitutes or could constitute a biological obstacle to the control of a pest, during the loading, the vessel is inspected and approved for loading, in writing, by an inspector; or

    • (b) an inspector advises that an inspection and approval of the vessel is not required because the inspector has reasonable grounds to believe that the vessel is not infested or does not or could not constitute a biological obstacle to the control of a pest.

  • (3) Where the Minister or an inspector believes on reasonable grounds that the vessel that is to receive the grain or grain product 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 vessel

    • (a) to treat or clean the vessel; and

    • (b) to treat, move or dispose of any thing found on or in the vessel.

 An inspector may require the owner or person having the possession, care or control of a conveyance to halt, at any time, the loading or unloading of grain or a grain product aboard or from the conveyance in order to inspect the conveyance, grain or grain product for the presence of a pest and, if the conveyance, grain or grain product is infested or suspected of being infested, any inspector may require the owner or the person having the possession, care or control of the conveyance

  • (a) to treat or clean the conveyance, grain or grain product; and

  • (b) to treat, move or dispose of any thing found on or in the conveyance, grain or grain product.

  •  (1) Where a Canadian Phytosanitary Certificate or Canadian Phytosanitary Certificate for Re-export is required by the phytosanitary certification authorities of a foreign country with respect to any thing that is to be exported from Canada, an inspector may inspect the conveyance prior to its being loaded and at any time during the loading.

  • (2) Where the Minister or an inspector believes on reasonable grounds that the conveyance referred to in subsection (1) 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 conveyance

    • (a) to treat or clean the conveyance; and

    • (b) to treat, move or dispose of any thing found on or in the conveyance.

  • (3) An inspector may inspect a facility or conveyance used for any activity undertaken in respect of any thing that requires a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other phytosanitary document and any inspector may require the owner or person having the possession, care or control of the facility or conveyance to treat or clean it.

 
Date modified: