Plant Protection Regulations (SOR/95-212)

Regulations are current to 2012-05-14 and last amended on 2009-12-10. Previous Versions

  •  (1) Subject to subsection (2), an application for a permit shall be in writing, signed and dated by the person applying for the permit and contain the following information:

    • (a) the name, complete address and telephone number of the person;

    • (b) the name, complete address and telephone number of the owner of the thing to be imported, if different from paragraph (a);

    • (c) the name and complete address of the exporter;

    • (d) a description and the common and scientific names of the thing;

    • (e) the quantity of the thing;

    • (f) the purpose for which the thing is to be admitted into Canada;

    • (g) the place of entry and the location of the place of destination of the thing in Canada;

    • (h) the means by which the thing will be transported;

    • (i) the country and place where the thing was propagated or produced, and the country and place from which it was shipped to Canada;

    • (j) the number of packages, if sent by mail or courier service; and

    • (k) any other information respecting any activity undertaken in respect of the thing, or the precautions that will be taken to prevent the spreading of any pest or biological obstacle to the control of a pest while the thing is transported, as the Minister may require.

  • (2) An application for a permit is not required to contain the information referred to in paragraphs (1)(c), (e), (g), (h) and (k) where the Minister has determined that the information is not necessary in order to assess the risk of a pest or biological obstacle to the control of a pest being introduced into Canada or being spread within Canada.

  • (3) A person applying for a permit shall, if required by the Minister, furnish to the Minister, prior to the issuance of the permit,

    • (a) samples of the thing to be imported, without charge to Her Majesty, for examination purposes; and

    • (b) evidence that the person has adequate facilities for inspection and, if necessary, for quarantine of the thing.

  • (4) The samples referred to in paragraph 3(a) may be kept by the Minister.

  • (5) The Minister shall refuse to issue a permit if an application for the permit contains any false or misleading information.

  • (6) Where a person obtains a permit on the basis of an application that contains false or misleading information, the permit is void from the date of its issuance.

  • SOR/2009-326, s. 8(F).

Permit

  •  (1) Where the Minister has reasonable grounds to believe, on the basis of a pest risk assessment, that the importation of a thing will result or would likely result in the introduction into Canada, or the spread within Canada, of a thing that is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, the Minister shall issue a permit in respect of the thing if the Minister determines that every precaution necessary to prevent the introduction into Canada or the spread within Canada of any pest or biological obstacle to the control of a pest can and will be taken.

  • (2) Where the Minister has reasonable grounds to believe, on the basis of a pest risk assessment, that the requirement referred to in subsection (1) is not met, the Minister shall refuse to issue a permit.

  • SOR/2009-326, s. 9(F).