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Plant Protection Regulations

Version of section 29 from 2006-03-22 to 2007-02-28:

  •  (1) Subject to subsections (2) 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 foreign Phytosanitary Certificate for Re-export.

  • (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
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