Plant Protection Regulations (SOR/95-212)

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.