Agricultural Growth Act (S.C. 2015, c. 2)
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Assented to 2015-02-25
1990, c. 22PLANT PROTECTION ACT
100. The Act is amended by adding the following after section 6:
Marginal note:Recall order — Canadian Food Inspection Agency Act
6.1 No person shall sell a thing regulated under this Act that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.
101. Sections 7 and 8 of the Act are replaced by the following:
Marginal note:Prohibition
7. No person shall import or admit into Canada or export from Canada any thing that is a pest, that is or could be infested with a pest or that constitutes or could constitute a biological obstacle to the control of a pest, unless
(a) the person has produced to an inspector all permits, certificates and other documentation required by the regulations;
(b) the thing is or has been presented to an inspector — if required by the regulations or an inspector — in the manner and under the conditions specified by the inspector and at a place designated by the regulations or an inspector; and
(c) the thing is imported or exported in accordance with any other requirements of the regulations.
Marginal note:Removal or destruction of unlawful imports
8. (1) An inspector who has reasonable grounds to believe that an imported thing has been imported in contravention of a provision of this Act or the regulations, is a pest, is or could be infested with a pest or constitutes or could constitute a biological obstacle to the control of a pest or that a requirement imposed by or under the regulations in respect of an imported thing has not been met may, by notice, whether the thing is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to destroy it.
Marginal note:Notice
(2) The notice must either be delivered personally to the owner or importer of the thing or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada.
Marginal note:Forfeiture
(3) If the thing is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent — it is, despite subsection 32(1), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.
Marginal note:Suspension of application of subsection (3)
(4) An inspector may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that
(a) harm to human, animal or plant health or the environment is unlikely to result;
(b) the thing will not be sold within that period;
(c) the measures that should have been taken for the thing not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and
(d) if the thing does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.
Marginal note:Cancellation
(5) An inspector may cancel the notice if he or she is satisfied that
(a) harm to human, animal or plant health or the environment is unlikely to result;
(b) the thing has not been sold within the period referred to in subsection (6);
(c) the measures referred to in paragraph (4)(c) were taken within that period; and
(d) if the thing did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period.
Marginal note:Period
(6) The period for the purposes of subsection (5) is
(a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and
(b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent.
102. The Act is amended by adding the following after section 23:
Marginal note:Provision of documents, information or samples
23.1 (1) An inspector may, for the purpose of detecting pests or for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.
Marginal note:Duty to provide document, information or sample
(2) A person who is ordered by an inspector to provide a document, information or a sample has a duty to do so on the specified date, at the specified time and place and in the specified manner.
103. (1) The portion of subsection 25(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Inspection
25. (1) For the purpose of detecting pests or for a purpose related to verifying compliance or preventing non-compliance with this Act, an inspector may
(2) Paragraph 25(2)(b) of the English version of the Act is replaced by the following:
(b) reproduce any document or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and
104. (1) Subsection 32(1) of the Act is replaced by the following:
Marginal note:Release of seized thing
32. (1) If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a thing seized under this Act have been complied with, the thing must be released.
Marginal note:1995, c. 40, s. 78
(2) Subsection 32(2) of the English version of the Act is replaced by the following:
Marginal note:Application for return
(2) If proceedings are instituted in relation to a thing seized under this Act and it has not been disposed of or forfeited under this Act, the owner of the thing or the person having the possession, care or control of it at the time of its seizure may apply for an order that it be returned. The application may be made, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held.
Marginal note:1995, c. 40, s. 80(1)
105. Subsection 34(1) of the Act is replaced by the following:
Marginal note:Disposal of forfeited things
34. (1) If the Tribunal or the court, as the case may be, orders the forfeiture of a thing under subsection 33(1), the thing shall be disposed of as the Minister may direct.
106. The Act is amended by adding the following after section 36:
PROHIBITIONS RESPECTING DOCUMENTS
Marginal note:Altering, destroying or falsifying required documents
36.1 (1) No person shall alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.
Marginal note:Altering, possessing, etc., official documents
(2) No person shall
(a) alter a document issued or made — or in any manner given — under this Act;
(b) have in their possession or use a document issued or made — or in any manner given — under this Act that has been altered; or
(c) use any document issued or made — or in any manner given — under this Act for a purpose or in respect of a thing, other than the purpose or thing for which the document was issued, made or given.
Marginal note:Possessing or using documents that resemble official documents
36.2 No person shall have in their possession or use any document that has not been issued or made — or in any manner given — under this Act if it so closely resembles a document that has been so issued, made or given that it is likely to be mistaken for it.
PROHIBITIONS RESPECTING MARKING AND IDENTIFICATION
Marginal note:Altering, destroying or falsifying mark, label, tag or seal
36.3 (1) No person shall alter, destroy or falsify a mark, label, tag or seal required under this Act.
Marginal note:Possessing or using mark, label, tag or seal
(2) No person shall
(a) have in their possession or use a mark, label, tag or seal required under this Act that has been altered or falsified; or
(b) use a mark, label, tag or seal required under this Act for a purpose or in respect of a thing, other than a purpose or a thing provided for in the regulations.
Marginal note:Possessing or using misleading mark, label, tag, seal or device
36.4 No person shall have in their possession or use
(a) any mark, label, tag or seal that so closely resembles one required under this Act that it is likely to be mistaken for it; or
(b) any device that is designed or adapted to create a mark that so closely resembles a mark required under this Act that it is likely to be mistaken for it.
107. Section 38 of the Act is replaced by the following:
Marginal note:Her Majesty not liable
38. If a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable
(a) for any costs, loss or damage resulting from the compliance; or
(b) to pay any fee, including any rent or charge, for what is done or permitted to be done.
Marginal note:No liability
38.1 No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.
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