Plant Protection Regulations

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;

• (b) any provision of the Act or any regulation or order made thereunder; or

• (c) any order made by the Minister under subsection 15(3) of the Act.

(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,

  • (ii) any provision of the Act or any regulation or order made thereunder, or

  • (iii) any order made by the Minister under subsection 15(3) of the Act.

(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 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 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 thereunder.