Short Title

1 These Regulations may be cited as the Plant Protection Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Plant Protection Act; (Loi)

activity

activity, in respect of a thing, means the processing, handling, packaging, labelling, distributing, sale, disposition, loading, unloading, movement, use, treatment, preservation, safeguarding or storage of the thing, and includes any activity referred to in subsection 6(1) of the Act; (activité)

Agency

Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

infested

infested means that a pest is present in or on a thing or place or that the thing or place is so exposed to a pest that one can reasonably suspect that the pest is in or on the thing or place; (infesté) (parasité)

Movement Certificate

Movement Certificate means a document, issued pursuant to the Act and signed by an inspector, that authorizes the movement of things within Canada or from Canada to a foreign destination; (certificat de circulation)

permit

permit means a permit to import a thing issued by the Minister pursuant to subsection 32(1) or 43(1); (permis)

pest risk assessment

pest risk assessment means a pest risk assessment conducted by the Minister in accordance with the principles of the International Standards for Phytosanitary Measures, Part I — Import Regulations, Guidelines for Pest Risk analysis, published by the Food and Agriculture Organization of the United Nations, as amended from time to time, with the definition pest in those guidelines being replaced by the definition pest in section 3 of the Act, for the purpose of

• (a) determining 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,

• (b) recommending actions, as applicable,

  • (i) to prevent the introduction into Canada or the spread within or from Canada of any pest or biological obstacle to the control of a pest, or

  • (ii) to control a pest or to eradicate a pest or biological obstacle to the control of a pest,

• (c) determining if a thing that is a pest or biological obstacle to the control of a pest has a significant adverse effect on the environment, and

• (d) minimizing the degradation of environmental quality with respect to Canadian flora; (analyse du risque phytosanitaire)

quarantine

quarantine means the confinement of a thing for a period and includes confinement for the purposes of

• (a) observation, inspection, testing or analysis of a thing to determine if the thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, or

• (b) preventing the spread of a pest or biological obstacle to the control of a pest; (quarantaine)

send

send includes electronic transmittal and mail. (envoyer)

PART IGeneral

Eradicating and Preventing the Spread of Pests

3 An inspector may, as appropriate in the circumstances for the purpose of eradicating a pest or preventing its spread, take one or more of the actions that the inspector is authorized to take under the Act or any regulation or order made under the Act if

• (a) after a pest risk assessment, 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; and

• (b) the Minister determines that it is necessary and cost-justifiable to take pest control measures.

Shipment of Pests

4 For the purposes of section 5 of the Act, the specimen of a suspected pest that is to be provided to the Minister shall be treated, packaged, contained and moved in such a manner as to prevent the suspected pest from escaping.

Activities Referred to in Subsection 6(1) of the Act

• 5 (1) For the purposes of subsection 6(1) of the Act, a person may undertake any activity referred to in that subsection in respect of a thing that is a pest, is or could be infested or is or could constitute a biological obstacle to the control of a pest if

  • (a) the Minister or an inspector determines that the activity is for the purpose of scientific research, educational, processing, industrial or exhibition purposes;

  • (b) the person obtains a written authorization issued by the Minister or an inspector in accordance with subsection (2);

  • (c) the thing is packaged, transported, handled, controlled and used in a manner that ensures a pest or biological obstacle to the control of a pest is not spread within or from Canada;

  • (d) the thing is moved in accordance with the requirements of Part III; and

  • (e) where the thing or any remains of the thing or portion thereof is to be disposed of, the owner or the person having the possession, care or control of the thing, remains or portion thereof disposes of it in a manner that

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

    • (ii) 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.

• (2) Subject to paragraph (1)(a), the Minister or an inspector shall issue a written authorization in respect of any activity referred to in subsection 6(1) of the Act where the Minister or an inspector determines that the person is able and willing to comply with paragraphs (1)(c), (d) and (e) and with the conditions set out in the authorization and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest.

• (3) A written authorization referred to in subsection (2) may set out the conditions under which any activity referred to in subsection 6(1) of the Act may be undertaken in respect of the thing to prevent the spread within or from Canada of a pest or a biological obstacle to the control of a pest.

• (4) A person who obtains a written authorization referred to in subsection (2) shall comply with all the conditions set out in the authorization.

• (5) Subject to section 21, a person is not required to obtain a written authorization referred to in paragraph (1)(b) of these Regulations or in subsection 6(2) of the Act where the person is acting for or on behalf of Her Majesty in right of Canada and

  • (a) is acting for any of the purposes set out in section 2 of the Act or in respect to the application of the Act or any regulation or order made thereunder; or

  • (b) is moving a thing for the purpose of administering any other Act.

Seals

• 6 (1) An inspector or a peace officer acting on the request of an inspector may affix a seal to a conveyance or any other thing.

• (2) Each seal shall bear a number and the inscription “CANADA — C.F.I.A./A.C.I.A.”.

• (3) No person, other than an inspector or a person authorized in writing by an inspector, shall have a seal bearing the information referred to in subsection (2) or any facsimile thereof in the person’s possession, custody or control.

• 7 (1) Except as authorized by an inspector pursuant to subsection (2), no person, other than an inspector, shall remove, break, tamper with or alter a seal.

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

• (3) An owner or a person having the possession, care or control of a conveyance or any other thing on which a seal is affixed, shall ensure that the seal is not removed, broken, tampered with or altered except in accordance with this section.

Documents

8 [Repealed, SOR/2017-94, s. 15]

9 [Repealed, SOR/2017-94, s. 15]

• 10 (1) Any document required to be furnished to the Minister or an inspector under the Act or any regulation or order made thereunder may be furnished in electronic form.

• (2) Where a document referred to in subsection (1) is furnished in electronic form, an original hard copy of the document shall be furnished to the Minister or an inspector within a reasonable period after the document is furnished in electronic form.

• (3) The hard copy of a document referred to in subsection (2) is not required if the document is sent in electronic form directly from the phytosanitary certification authorities of a foreign country to the Minister or an inspector in accordance with an agreement between the Minister and those authorities to furnish documents directly to the Minister in electronic form.

Quarantine

• 11 (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.

• 12 (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.

• 13 (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.

• 14 (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.

• 15 (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

• 16 (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.

Treatment or Processing of a Thing or Place

• 17 (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

• 18 (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

19 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

• 20 (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.

Prohibiting or Restricting Activities

• 21 (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.

Controlling the Movement of Persons or Things

22 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.

23 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

• 24 (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.

• 25 (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.

• 26 (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]

Disposition

• 27 (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

28 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

• 29 (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.

Permit Application

30 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.

• 31 (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.

Permit

• 32 (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.

33 A permit shall be in a form established by the Minister, and shall set out

• (a) the conditions, if any, under which the thing to be imported may be admitted into Canada and governing the thing after it has entered Canada to prevent the introduction into Canada, or the spread within Canada, of a pest or biological obstacle to the control of a pest;

• (b) the expiration date of the permit; and

• (c) such other information as is necessary to identify the thing.

• 34 (1) A person who imports a thing under a permit shall comply with all the conditions set out in the permit.

• (2) Where the Minister determines that it is necessary to prevent the introduction into Canada or the spread within Canada of any pest or biological obstacle to the control of a pest, the Minister shall amend a permit by adding, removing or amending a condition or any information set out in the permit.

• (3) The Minister may revoke a permit issued to a person or refuse to issue any other permit to a person where the Minister determines that the person has not complied with

  • (a) any condition set out in the permit; or

  • (b) any provision of the Act or any regulation or order made thereunder.

  • (c) [Repealed, SOR/2009-326, s. 10]

• (4) The Minister may revoke a permit issued to a person or refuse to issue a permit to a person where the Minister has reasonable grounds to believe that

  • (a) there is an infestation in the country or place of origin of a thing or the country or place from which the thing was re-shipped; or

  • (b) the person has not complied with

    • (i) any condition set out in the permit, or

    • (ii) any provision of the Act or any regulation or order made thereunder.

    • (iii) [Repealed, SOR/2009-326, s. 10]

• (5) Where a foreign exporter has shipped to Canada any thing that is a pest, infested or a biological obstacle to the control of a pest or that contravenes any provision of the Act or any regulation or order made thereunder, the Minister may revoke a permit issued to any person, or refuse to issue a permit in respect of a thing to any person, to import from that foreign exporter or from the country or place of origin or reshipment until

  • (a) the thing shipped or to be shipped is no longer a pest, infested or a biological obstacle to the control of a pest;

  • (b) the phytosanitary certification authorities in the country or place of origin or reshipment have identified to the Minister the cause or source of the infestation that is the subject-matter of the contravention; and

  • (c) the foreign exporter or the phytosanitary certification authorities referred to in paragraph (b) have given a written undertaking to comply with the provisions of the Act and all regulations and orders made under it.

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.

Conditions

51 With respect to each item in Schedule II, where a thing listed in column I is to be conveyed from a place in Canada described in column II to a place in Canada described in column III, and the thing

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

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

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

no person shall move that thing unless the requirements set out in column IV are met.

• 52 (1) For the purposes of section 51, an inspector may examine any thing referred to in Schedule II that is intended for movement within Canada in order to ensure that the thing meets any condition, treatment or other requirement specified in Schedule II and that it complies with the Act and all regulations and orders made thereunder.

• (2) An inspector or a peace officer acting on the request of an inspector may require any thing to be moved to a specified place for the purpose of complying with the requirements of the Act and all regulations and orders made thereunder.

Prohibition Respecting a Place Declared Infested by the Minister or an Inspector

• 53 (1) Where, pursuant to section 11 or 12 of the Act or subsection 15(3) of the Act, the Minister, by an order, or an inspector, by a declaration, has declared a place infested, no person shall undertake any activity in respect of any thing, unless the movement of the thing within, into or out of the place is permitted pursuant to that order or declaration.

• (2) Where a person undertakes an activity referred to in subsection (1), the person shall undertake the activity in the manner determined by an inspector, on the basis of the extent of the infestation or the type of thing.

Movement of Things for Special Purposes

• 54 (1) Any inspector may issue a Movement Certificate to a person for any thing that is prohibited from being moved pursuant to section 50 or that does not meet the requirements of the Act or any regulation or order made thereunder where the Minister or an inspector determines that

  • (a) the thing is being moved 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 Movement Certificate 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 that a pest or biological obstacle to the control of a pest is not 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 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 move within Canada a thing referred to in subsection (1) unless

  • (a) the person has complied with paragraph 45(2)(b) and sections 48 and 49;

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

  • (c) the thing is moved within Canada to the place specified in the Movement Certificate; and

  • (d) the thing is dealt with in such a manner as may be specified in the Movement Certificate.

PART IVExportation

Canadian Phytosanitary Certificate and Other Documents

• 55 (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

• 56 (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.

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

Conveyance and Facility Inspection

• 58 (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.

59 If before, during or after the loading or unloading of grain or a grain product aboard or from a conveyance, an inspector believes on reasonable grounds that the conveyance, 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 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.

60 Where the Minister or an inspector believes on reasonable grounds that a conveyance or a facility used for any activity undertaken in respect of any thing that requires a Canadian Phytosanitary Certificate, a Canadian Phytosanitary Certificate for Re-export or any other phytosanitary document 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 or facility

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

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