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Plant Protection Regulations (SOR/95-212)

Regulations are current to 2022-06-20 and last amended on 2017-05-19. Previous Versions

PART IGeneral (continued)

Removal of Persons or Things that Interfere with Treatment

 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

  •  (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.

  • SOR/2009-326, s. 4
  • SOR/2017-94, s. 17

Prohibiting or Restricting Activities

  •  (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.

  • SOR/2009-326, s. 5
  • SOR/2017-94, s. 17

Controlling the Movement of Persons or Things

 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.

 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.

  •  (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)

 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.

  •  (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.

  • SOR/2007-48, s. 3
  • SOR/2009-326, s. 10
 
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