Plant Protection Regulations (SOR/95-212)

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• (3) to (5) [Repealed, SOR/2003-6, s. 99]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.