Plant Protection Regulations

Version of section 34 from 2007-03-01 to 2009-12-09:

  •  (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 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.

  • SOR/2007-48, s. 3
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