Plant Protection Regulations (SOR/95-212)

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.