An Act to prevent the importation, exportation and spread of pests injurious to plants and to provide for their control and eradication and for the certification of plants and other thingsPlant Protection ActPlant Protection19906
19
20196
22
P-14.8221990Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Plant Protection Act.
Purpose
Purpose of the ActThe purpose of this Act is to protect plant life and the agricultural and forestry sectors of the Canadian economy by preventing the importation, exportation and spread of pests and by controlling or eradicating pests in Canada.
Interpretation
DefinitionsIn this Act,Assessor means the Assessor or any Deputy Assessor appointed under Part II of the Pesticide Residue Compensation Act; (évaluateur)conveyance means any aircraft, carriage, motor vehicle, trailer, railway car, vessel, cargo container or other contrivance used to move persons or things; (véhicule)dispose includes destroy; (Version anglaise seulement)document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked; (document)inspector means a person designated as an inspector pursuant to section 21; (inspecteur)justice means a justice as defined in section 2 of the Criminal Code; (juge de paix)Minister means the Minister of Agriculture and Agri-Food; (ministre)peace officer means a peace officer as defined in section 2 of the Criminal Code; (agent de la paix)penalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; (sanction)pest means any thing that is injurious or potentially injurious, whether directly or indirectly, to plants or to products or by-products of plants; (parasite)place includes a conveyance; (lieu)plant includes a part of a plant; (végétal)prescribed means prescribed by regulation; (Version anglaise seulement)thing includes a plant and a pest; (choses)Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; (Commission)violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:any contravention of any provision of this Act or of a regulation made under this Act,any contravention of any order made by the Minister under this Act, andany refusal or neglect to perform any duty imposed by or under this Act. (violation)1990, c. 22, s. 3; 1994, c. 38, s. 25; 1995, c. 40, s. 75; 1997, c. 6, s. 81; 2001, c. 4, s. 173(F); 2012, c. 24, s. 95; 2015, c. 2, s. 99
Her Majesty
Binding on Her MajestyThis Act is binding on Her Majesty in right of Canada or a province.
Control of PestsGeneral
Duty to notify MinisterWhere a person becomes aware of the existence of a thing that the person suspects to be a pest in an area where the pest has not previously been known to exist, the person shall immediately notify the Minister of the suspected pest and provide the Minister with a specimen of it.
ProhibitionExcept as permitted under this Act or the regulations, no person shall move, grow, raise, culture or produce any thing that there are reasonable grounds to believe 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.Prohibition of movementWhere an inspector believes on reasonable grounds that a thing 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, the inspector may prohibit the owner of the thing or the person having the possession, care or control of it from moving it without the written authorization of an inspector.NoticeA prohibition under subsection (2) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control, or by sending the notice to the owner or person.1990, c. 22, s. 6; 2015, c. 3, s. 142(F)
Recall order — Canadian Food Inspection Agency ActNo 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.2015, c. 2, s. 100
Importation and Exportation
ProhibitionNo 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, unlessthe person has produced to an inspector all permits, certificates and other documentation required by the regulations;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; andthe thing is imported or exported in accordance with any other requirements of the regulations.1990, c. 22, s. 7; 2015, c. 2, s. 101
Removal or destruction of unlawful importsAn 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.NoticeThe 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.ForfeitureIf 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.Suspension of application of subsection (3)An inspector may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied thatharm to human, animal or plant health or the environment is unlikely to result;the thing will not be sold within that period;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; andif the thing does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.CancellationAn inspector may cancel the notice if he or she is satisfied thatharm to human, animal or plant health or the environment is unlikely to result;the thing has not been sold within the period referred to in subsection (6);the measures referred to in paragraph (4)(c) were taken within that period; andif 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.PeriodThe period for the purposes of subsection (5) isif the application of subsection (3) was suspended under subsection (4), the period of the suspension; andif 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.1990, c. 22, s. 8; 2015, c. 2, s. 101
Prohibition of possession or dispositionNo person shall possess or dispose of a thing that the person knows was imported in contravention of this Act or the regulations.PresumptionIn any prosecution for an offence under subsection (1), an accused who is found to have been in possession of a thing that was imported in contravention of this Act or the regulations shall be considered, in the absence of evidence to the contrary, to have known that the thing was so imported.
International Assistance
Assistance in controlling or eradicating pests outside CanadaThe Minister may provide financial or technical assistance to any person or government outside Canada in controlling or eradicating a pest that affects or could affect plants, or products or by-products of plants, in Canada.
Infested Places
Declaration of infested placeWhere an inspector suspects or determines that a place is infested with a pest and is of the opinion that the pest could spread, the inspector may in writing declare that the place is infested.Delivery of declarationWhen the declaration is delivered to the occupier or owner of the place to which it relates, the place, together with all contiguous lands, buildings and other places occupied or owned by the occupier or owner, constitutes an infested place until the Minister determines otherwise.
Further declarationWhere an inspector declares under section 11 that a place is infested and is of the opinion that the pest could spread to any other land, building or place, the inspector may in writing declare that the other land, building or place is infested.Delivery of declarationWhen a declaration is delivered to the occupier or owner of any land, building or place mentioned in subsection (1), the land, building or place, together with all contiguous lands, buildings and places occupied or owned by the same occupier or owner, constitutes part of the infested place.
Interim powers of inspectorWhere an inspector is of the opinion that immediate action is required to control a pest, the inspector may, in a declaration under section 11 or 12, and for a period of not more than ninety days, prohibit or restrict the movement of persons and things within, into or out of the infested place for the purpose of controlling the pest.Cessation of prohibition or restrictionA prohibition or restriction contained in a declaration under section 11 or 12 ceases to have effect wherethe inspector rescinds the prohibition or restriction; orthe declaration is revoked by the Minister under subsection 15(2).
Where occupier or owner not foundWhere an inspector cannot, after the exercise of due diligence, find the occupier or owner of any land, building or other place, delivery of a declaration may be effected by posting it on the building or on any building or conspicuous object on the land or at the place.
Report to MinisterAn inspector who declares that a place is infested shall, as soon as is practicable, send a report of the declaration to the Minister.Revocation of declarationWhere a place has been declared infested under section 11 or 12, the Minister may revoke the declaration and, on revocation, the place shall cease to be an infested place.Powers of MinisterThe Minister may, by order,declare any place to be infested that is not already the subject of a declaration under section 11 or 12;determine and subsequently vary the area of any place that is declared infested;extend the period of any prohibition or restriction declared by an inspector under subsection 13(1);prohibit or restrict the movement of persons and things within, into or out of any place that is declared infested; andpermit any movement of persons and things within, into or out of a place that would otherwise be prohibited by this section or section 6.
Description of area of infested placeIn a declaration under section 11 or 12 or subsection 15(3), the area of an infested place may be described by reference to a map or plan deposited and publicly available at a place specified in the declaration, or by reference to any farm, county, district, municipality, province or any part thereof.
Prohibition or restriction supersedesA prohibition or restriction imposed by the Minister or an inspector supersedes any order of a local authority that is inconsistent with it.
Not a statutory instrumentA declaration under section 11 or 12, a revocation of a declaration under subsection 15(2) and an order under subsection 15(3) are not statutory instruments for the purposes of the Statutory Instruments Act, but the Minister shall take such steps as may be practicable in the circumstances to bring any order under subsection 15(3) to the notice of persons likely to be affected by it.
AdministrationFacilities
Designation of facilitiesThe Minister may designate areas, offices, laboratories or other facilities inside or outside Canada for a specified purpose or generally for the administration of this Act or the regulations and may at any time amend, cancel or reinstate any such designation.
Definition of international transportation undertakingFor the purposes of this section, international transportation undertaking meansan undertaking that transports persons or things internationally;an international road, railway, bridge or tunnel;an airport that receives any aircraft operating on an international flight;a port that receives any ship sailing on an international voyage; anda warehouse or other facility that receives any international air, water, rail or road traffic.Required facilitiesThe owner or operator of an international transportation undertaking shall, where required in writing by the Minister, provide and maintain adequate areas, offices, laboratories and other facilities, including buildings, accommodation, equipment, furnishings and fixtures, for inspection or for any other purpose related to the administration of this Act or the regulations.Powers of MinisterThe Minister maycause to be made such improvements as the Minister considers desirable to any area, office, laboratory or other facility provided pursuant to subsection (2);post, on or about the area, office, laboratory or other facility, any signs that the Minister considers appropriate for its operation or safe use or for the administration of this Act or the regulations; andcontinue to use the area, office, laboratory or other facility for as long as the Minister requires it for the administration of this Act or the regulations.Construction or repairsWhere an area, office, laboratory or other facility that is provided by an owner or operator pursuant to subsection (2) is not adequate for the purposes mentioned in that subsection, the Minister may require the owner or operator to carry out any construction or repairs in order to render the area, office, laboratory or other facility adequate for those purposes, and if the owner or operator fails to do so, the Minister may cause the construction or repairs to be carried out and the owner or operator shall be liable for all reasonable costs incurred by the Minister and those costs may be recovered by Her Majesty in right of Canada.NoticeA requirement under subsection (4) shall be communicated by personal delivery of a notice to the owner or operator or by sending the notice to the owner or operator, and the notice may specify the period within which or the manner in which the construction or repairs are to be carried out.ArbitrationSubject to subsection (7) and any regulations made under subsection (8), a dispute over the adequacy of any area, office, laboratory or other facility may be resolved by arbitration in accordance with the Commercial Arbitration Act.Canada Labour CodeAny area, office, laboratory or other facility that fails to meet the applicable requirements of Part II of the Canada Labour Code shall be deemed to be not adequate for the purposes mentioned in subsection (2).RegulationsThe Governor in Council may make regulations for determining the adequacy of any area, office, laboratory or other facility for the purposes mentioned in subsection (2).1990, c. 22, s. 20; 2015, c. 3, s. 143(F)
Inspectors
Designation of inspectorsThe President of the Canadian Food Inspection Agency may designate inspectors under section 13 of the Canadian Food Inspection Agency Act for the purposes of this Act.DesignationThe President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.Certificate to be producedInspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation.1990, c. 22, s. 21; 1997, c. 6, s. 82; 2005, c. 38, s. 123
Inspectors may exercise Minister’s powersAn inspector may, subject to any restrictions or limitations specified by the Minister, exercise any of the powers and perform any of the duties or functions of the Minister under this Act, except the powers mentioned in subsection 15(3).Powers concerning movement and loadingFor the purpose of determining whether a conveyance or other thing is free of any pest, an inspector maypermit or require the conveyance or other thing to be moved or prohibit its movement; orprohibit or interrupt the loading, unloading or partial loading of the conveyance or other thing or permit or require the conveyance or other thing to be loaded, unloaded or partially loaded.
Impeding inspectorNo person shall obstruct or hinder or make any false or misleading statement either orally or in writing to an inspector who is performing duties or functions under this Act or the regulations.Assistance to inspectorsThe owner or the person in charge of a place entered by an inspector under section 25 and every person found in the place shallgive the inspector all reasonable assistance in the owner’s or person’s power to enable the inspector to perform duties and functions under this Act or the regulations; andfurnish the inspector with such information relevant to the administration of this Act or the regulations as the inspector may reasonably require.Assistance of peace officerA peace officer shall provide such assistance as an inspector may request for the purpose of enforcing this Act or the regulations.
Provision of documents, information or samplesAn 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.Duty to provide document, information or sampleA 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.2015, c. 2, s. 102
Seals
Broken sealWhere a seal or other identifying device authorized by the regulations has been affixed to a conveyance or other thing and the seal or device is broken, altered, tampered with or removed in contravention of the regulations, an inspector may require that the conveyance or other thing, or any thing contained in it, be stored, treated, placed in quarantine, disposed of or moved as the inspector may direct.NoticeA requirement under subsection (1) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the conveyance or other thing or by sending the notice to the owner or person, and the notice may specify the period within which or the manner in which the conveyance or other thing is to be stored, treated, quarantined, disposed of or moved.1990, c. 22, s. 24; 2015, c. 3, s. 144(F)
Inspection
InspectionFor the purpose of detecting pests or for a purpose related to verifying compliance or preventing non-compliance with this Act, an inspector maysubject to section 26, at any reasonable time, enter and inspect any place, or stop any conveyance, in which the inspector believes on reasonable grounds there is any thing in respect of which this Act or the regulations apply;open any receptacle, baggage, package, cage or other thing that the inspector believes on reasonable grounds contains any thing in respect of which this Act or the regulations apply;examine any thing in respect of which this Act or the regulations apply and take samples of it;require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act or the regulations; andconduct any tests or analyses or take any measurements.Operation of data processing and copying equipmentIn carrying out an inspection at any place under this section, an inspector mayuse or cause to be used any data processing system at the place to examine any data contained in or available to the system;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; anduse or cause to be used any copying equipment at the place to make copies of any record or other document.1990, c. 22, s. 25; 2015, c. 2, s. 103
Warrant required to enter dwelling-placeAn inspector may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or under the authority of a warrant.Authority to issue warrantWhere on ex parte application a justice is satisfied by information on oath thatthe conditions for entry described in section 25 exist in relation to a dwelling-place,entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations, andentry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,the justice may at any time sign and issue a warrant authorizing the inspector named in the warrant to enter the dwelling-place, subject to any conditions that may be specified in the warrant.Use of forceThe inspector who executes a warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.
SeizureWhere an inspector believes on reasonable grounds that a violation, or an offence under this Act, has been committed, the inspector may seize and detain any thingby means of or in relation to which the inspector believes on reasonable grounds the violation or offence was committed; orthat the inspector believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.1990, c. 22, s. 27; 1995, c. 40, s. 76
Search
WarrantWhere on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place any thingby means of or in relation to which a violation, or an offence under this Act, has been committed or is suspected of having been committed, orthat there are reasonable grounds to believe will afford evidence in respect of the commission of a violation or an offence under this Act,the justice may at any time sign and issue a warrant authorizing the inspector named in the warrant to enter and search the place for the thing and, subject to any conditions that may be specified in the warrant, to seize and detain it.Search and seizure powersThe inspector who executes a warrant may exercise the powers described in section 25 and may seize and detain, in addition to any thing mentioned in the warrant, any other thingby means of or in relation to which the inspector believes on reasonable grounds a violation, or an offence under this Act, has been committed; orthat the inspector believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.Execution of search warrantA warrant shall be executed by day unless the justice authorizes its execution by night.Where warrant not necessaryAn inspector may exercise any of the powers referred to in subsections (1) and (2) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.1990, c. 22, s. 28; 1995, c. 40, s. 77
Disposition of Seized Things
Notice of reason for seizureAn inspector who seizes and detains a thing under this Act shall, as soon as is practicable, advise the owner of the thing or the person having the possession, care or control of it at the time of its seizure of the reason for the seizure.
Storage, removal, etc.An inspector who seizes and detains a thing under this Act, or any person designated by the inspector, maystore, treat, quarantine or dispose of the thing at the place where it was seized or move it to any other place for storage, treatment, quarantine or disposition; orrequire its owner or the person having the possession, care or control of it at the time of its seizure to store, treat, quarantine or dispose of it or move it to any other place and store, treat, quarantine or dispose of it.NoticeA requirement under paragraph (1)(b) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the thing or by sending the notice to the owner or person, and the notice may specify the period within which or the manner in which the thing is to be moved, stored, treated, quarantined or disposed of.ProceedsAn inspector who seizes and detains a thing under this Act may dispose of it and any proceeds realized from its disposition shall be paid to the Receiver General.1990, c. 22, s. 30; 2015, c. 3, s. 145(F)
Interference with seized thingsExcept as authorized in writing by an inspector, no person shall remove, alter or interfere in any way with a thing that is seized and detained under this Act.
Release of seized thingIf 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.Application for returnIf 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.OrderThe Tribunal or court, as the case may be, may order that the thing be returned to the applicant, subject to such conditions as the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, where the Tribunal or court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the thing and that it is not a pest, is not infested with a pest and does not constitute a biological obstacle to the control of a pest.1990, c. 22, s. 32; 1995, c. 40, s. 78; 2015, c. 2, s. 104
ForfeitureWhere the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, on its own motion or at the request of any party to the proceedings, in addition to any penalty or punishment imposed, order that any thing by means of or in relation to which the violation or offence was committed, or any proceeds realized from its disposition, be forfeited to Her Majesty in right of Canada.Forfeiture without convictionWhere the owner of a thing that is seized and detained under this Act consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister may direct.1990, c. 22, s. 33; 1995, c. 40, s. 79
Disposal of forfeited thingsIf 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.Return of seized things where no forfeiture orderedWhere the Tribunal or court, as the case may be, does not order the forfeiture of a thing, it or any proceeds realized from its disposition shall be returned to the owner of the thing or the person having the possession, care or control of it at the time of its seizure.ExceptionWhere the Tribunal decides that the owner of a thing or the person having the possession, care or control of it at the time of its seizure has committed a violation, or the owner of a thing or the person having the possession, care or control of it at the time of its seizure is convicted of an offence under this Act, and a penalty or fine, as the case may be, is imposed,the thing may be detained until the penalty or fine is paid;the thing may be sold under execution in satisfaction of the penalty or fine; orany proceeds realized from its disposition under paragraph (b) or subsection 30(3) may be applied in payment of the penalty or fine.1990, c. 22, s. 34; 1995, c. 40, s. 80; 2015, c. 2, s. 105
Confiscation
ConfiscationAn inspector may confiscate and dispose of any thing that the inspector believes on reasonable grounds 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.Notice of reason for confiscationAn inspector who confiscates a thing shall, as soon as is practicable, advise the owner of the thing or the person having the possession, care or control of it at the time of its confiscation of the reason for the confiscation.
Storage and movementA confiscated thing may be stored at the place where it was confiscated until it is disposed of, or may, at the inspector’s discretion, be moved to any other place for storage or disposition.DispositionAn inspector may take such action as the inspector considers appropriate in relation to a confiscated thing or may require the owner of a confiscated thing or the person having the possession, care or control of it at the time of its confiscation to take any action the inspector considers appropriate in relation to the confiscated thing.NoticeA requirement under subsection (2) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the thing or by sending the notice to the owner or person, and the notice may specify the period within which or the manner in which any action shall be taken by the owner or person.1990, c. 22, s. 36; 2015, c. 3, s. 146(F)
Prohibitions Respecting Documents
Altering, destroying or falsifying required documentsNo person shall alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.Altering, possessing, etc., official documentsNo person shallalter a document issued or made — or in any manner given — under this Act;have in their possession or use a document issued or made — or in any manner given — under this Act that has been altered; oruse 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.2015, c. 2, s. 106
Possessing or using documents that resemble official documentsNo 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.2015, c. 2, s. 106
Prohibitions Respecting Marking and Identification
Altering, destroying or falsifying mark, label, tag or sealNo person shall alter, destroy or falsify a mark, label, tag or seal required under this Act.Possessing or using mark, label, tag or sealNo person shallhave in their possession or use a mark, label, tag or seal required under this Act that has been altered or falsified; oruse 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.2015, c. 2, s. 106
Possessing or using misleading mark, label, tag, seal or deviceNo person shall have in their possession or useany mark, label, tag or seal that so closely resembles one required under this Act that it is likely to be mistaken for it; orany 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.2015, c. 2, s. 106
Samples
Disposition of samplesA sample taken under this Act or the regulations may be disposed of in such manner as the Minister considers appropriate.Her Majesty not liableHer Majesty is not liable for any costs, loss or damage resulting from the taking or disposition of a sample under this Act or the regulations.
Limitation on Liability
Her Majesty not liableIf a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liablefor any costs, loss or damage resulting from the compliance; orto pay any fee, including any rent or charge, for what is done or permitted to be done.1990, c. 22, s. 38; 2015, c. 2, s. 107
No liabilityNo 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.2015, c. 2, s. 107
Compensation
Compensation for treatment, etc.The Minister may, in accordance with the regulations, order compensation to be paid from the Consolidated Revenue Fund in respect ofany treatment of a place or any treatment, storage or disposition of a thing required under this Act or the regulations;any prohibition or restriction on the use of a place or on the movement of persons or things within, into or out of a place imposed under this Act or the regulations; orany prohibition or restriction on the use of a thing or on the sale or other disposition of a thing imposed under this Act or the regulations.LimitationNo compensation is payable under subsection (1) in respect ofa thing that is imported into Canada or exported from Canada in contravention of this Act or the regulations or a thing that is found to be a pest, to be infested with a pest or to constitute a biological obstacle to the control of a pest when it is inspected on importation or exportation; orthe prohibition or restriction of the sale or movement of a thing where the sale or movement is prohibited or restricted as a result of an amendment, suspension or revocation of, or a refusal to issue or renew, a permit, certificate or other document that is required under this Act or the regulations.LimitationNo compensation is payable to a person who commits a violation, or an offence under this Act, and claims compensation in respect of any place or thing by means of or in relation to which the violation or offence was committed.1990, c. 22, s. 39; 1995, c. 40, s. 81; 1997, c. 6, s. 83
AppealA person who claims compensation and is dissatisfied with the Minister’s disposition of the claim may bring an appeal to the Assessor, but the only grounds of appeal are that the failure to award compensation was unreasonable or that the amount awarded was unreasonable.Time limit for bringing appealAn appeal shall be brought within three months after the claimant receives notification of the Minister’s disposition of the claim, or within such longer period as the Assessor may in any case for special reasons allow.
Powers of AssessorOn hearing an appeal, the Assessor may confirm or vary the Minister’s disposition of the claim or refer the matter back to the Minister for such further action as the Assessor may direct.CostsCosts may be awarded to or against the Minister in an appeal.Decisions finalThe decision of the Assessor on an appeal is final and conclusive and not subject to appeal to or review by any court.
Sittings and hearingsThe Assessor may sit and hear appeals at any place or places and shall arrange for sittings and hearings as may be required.Travel allowancesThe Assessor is entitled to be paid such travel allowances as are payable for the attendances of a judge of the Federal Court under the Judges Act.
ProcedureSubject to the approval of the Governor in Council, the Assessor may make rules respecting the conduct of appeals and the procedure for the bringing of appeals.TransitionalSubject to any rules made under subsection (1), all rules respecting the conduct of appeals and the procedure for bringing appeals to the Assessor made under section 18 of the Pesticide Residue Compensation Act that are in force at the time this section comes into force shall, to the extent that they are not inconsistent with sections 40 to 42, apply in respect of appeals brought under section 40.RegistrarThe functions of the registrar of appeals and any other person necessary to carry out the purposes of sections 40 to 42 shall be carried out by the persons who carry out similar functions under Part II of the Pesticide Residue Compensation Act.1990, c. 22, s. 43; 2001, c. 4, s. 173(F)
Fees, Charges and Costs
Fees, charges and costs for inspections, etc.Her Majesty may recover from any person referred to in subsection (2) any prescribed fees or charges and any costs incurred by Her Majesty in relation to anything required or authorized under this Act or the regulations, including, without limiting the generality of the foregoing,the inspection, treatment, testing or analysis of a place or thing, or the quarantine, storage, removal, disposal or return of a thing, required or authorized under this Act or the regulations; andthe seizure, confiscation, forfeiture, detention or disposal of a thing under this Act or the regulations.Persons liableThe fees, charges and costs are recoverable jointly and severally from the owner or occupier of the place or owner of the thing and from the person having the possession, care or control of it immediately before its inspection, treatment, testing, analysis, quarantine, storage, removal, return or disposal or, in the case of a thing seized, confiscated, forfeited, detained or disposed of under this Act or the regulations, immediately before its seizure, confiscation, forfeiture, detention or disposal.
Fees, charges and costs for requested services, etc.Her Majesty may recover from any person who requests a service or the issue, renewal or amendment of a permit, certificate or other document under this Act or the regulations any prescribed fee or charge and any costs incurred by Her Majesty in relation to rendering the service or issuing, renewing or amending the document.
Unpaid fees, charges or costsAny fees, charges or costs that are recoverable by Her Majesty under this Act or the regulations may be recovered as a debt due to Her Majesty.1990, c. 22, s. 46; 1993, c. 34, s. 102
Regulations
RegulationsThe Governor in Council may make regulations for carrying out the purposes and provisions of this Act and prescribing anything that is to be prescribed under this Act, including regulationsprohibiting or regulating the carrying out of any activity in respect of pests and of other things that are or could be infested with pests or that constitute or could constitute biological obstacles to the control of pests, including their importation and admission into Canada, their exportation from Canada and their movement within Canada;for the purposes of paragraph 7(b),respecting the circumstances in which a thing must be presented to an inspector, andimposing conditions on an inspector’s authority to require that a thing be presented;governing the issue, renewal, amendment, suspension and revocation of permits, certificates or other documents on such terms and conditions as may be required for the purposes of this Act;respecting authorizations provided for in section 47.2, including the conditions to which they may be subject and their amendment, suspension or revocation;prohibiting or regulating the importation of food or garbage into Canada;regulating any activity referred to in section 6;designating places of entry where things may be presented for inspection and admittance into Canada;governing investigations and surveys to detect pests and to identify areas of infestation;respecting the declaration of things infested with pests and things free of infestation;respecting the declaration under sections 11, 12 and 15 of places that are infested;prohibiting or regulating the use of places that are, or are suspected of being, infested with pests and of things that are, or are suspected of being, pests or infested with pests or that constitute or could constitute biological obstacles to the control of pests;governing the quarantine of things;for the establishment of inspection and treatment centres and quarantine stations;governing the disposition of things that are, or are suspected of being, pests or infested with pests or that constitute or could constitute biological obstacles to the control of pests;respecting the detention or disposition of things seized, forfeited or confiscated under this Act;governing the treatment or manner of treatment to be administered to places or things and requiring persons to administer or to arrange the administration of the treatment;governing the removal from places where treatment is administered of persons or things that present obstacles to the treatment or that may be adversely affected by it;requiring things to be marked or identified or to have affixed to them labels, tags, seals or other devices and prohibiting the removal, breaking, tampering with or altering of those marks, labels, tags, seals or other devices;prescribing the terms and conditions on which compensation may be ordered under section 39 and the maximum levels of compensation;requiring documents to be furnished by inspectors;requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respectingthe information in those documents,the manner in which they are to be prepared, kept or maintained,the place where they are to be kept or maintained, andthe manner in which they are to be provided or access to them is to be provided;requiring persons to take or keep samples of any thing and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;prescribing any fees or charges, or the manner of calculating any fees or charges, required for carrying out the purposes and provisions of this Act or the regulations; andexempting, with or without conditions, any thing, or a person or activity in respect of a thing, from the application of this Act or the regulations or a provision of this Act or the regulations.Paragraph (1)(a) — importationRegulations made under paragraph (1)(a) may, among other things, establish preclearance or in-transit requirements for any imported thing or anything imported with it.Paragraph (1)(a) — prohibiting or restricting activitiesRegulations made under paragraph (1)(a) may, among other things, authorize the Minister or an inspector to prohibit or restrict the carrying out of any activity in respect of a thing if the Minister or inspector has reasonable grounds to believe that the thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, and prescribe conditions for the exercise of the authority.Paragraph (1)(i)Regulations made under paragraph (1)(i) may, among other things, authorize the Minister or an inspector to prohibit or restrict the use of a place or a thing if the Minister or inspector has reasonable grounds to believe that the place is infested with a pest or that the thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, and prescribe conditions for the exercise of the authority.Paragraph (1)(r.1)Regulations made under paragraph (1)(r.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that a 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 presents a risk of harm to human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector.1990, c. 22, s. 47; 1993, c. 34, s. 103; 2015, c. 2, s. 108
Incorporation by Reference
Incorporation by referenceA regulation made under subsection 47(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.AccessibilityThe Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 47(1), including any amendments to the document, is accessible.DefenceA person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 47(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.No registration or publicationFor greater certainty, a document that is incorporated by reference in a regulation made under subsection 47(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.2015, c. 2, s. 109
Authorizations
AuthorizationsThe President of the Canadian Food Inspection Agency may, subject to the regulations, authorize any person to perform any activity that he or she specifies, subject to any conditions that he or she considers appropriate, if the activity is related to ensuring that a thing is not a pest, is not or could not be infested with a pest or does not or could not constitute a biological obstacle to the control of a pest.Not transferableThe authorization is not transferable.Amendment, suspension and revocationThe President may, subject to the regulations, amend, suspend or revoke the authorization.2015, c. 2, s. 109
General
Non-application of Statutory Instruments ActThe Statutory Instruments Act does not apply in respect of a notice referred to in section 49.2015, c. 2, s. 109
Offences and Punishment
General offenceEvery person who contravenes any provision of this Act, other than section 9, or the regulations or who refuses or neglects to perform any duty imposed by or under the Act or the regulations is guilty ofan offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; oran indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.Possession of illegal importsEvery person who contravenes section 9 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars.No imprisonmentNotwithstanding the Criminal Code, no person shall be committed to prison for default of payment of a fine imposed under subsection (2).1990, c. 22, s. 48; 1995, c. 40, s. 82; 2015, c. 2, s. 110(F)
Failure to comply with noticesEvery person who fails to comply with a notice communicated to the person under section 6, 8, 24, 30 or 36 or the regulations is guilty ofan offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; oran indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.1990, c. 22, s. 49; 1995, c. 40, s. 83
Contravention of prohibition or restrictionEvery person who contravenes a prohibition or restriction imposed under subsection 13(1) or 15(3) is guilty ofan offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; oran indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.DefenceNo person shall be found guilty of an offence consisting of a contravention of a prohibition or restriction imposed by the Minister or an inspector unless it is proved that, at the time of the alleged contravention,the person had been notified of the prohibition or restriction; orreasonable steps had been taken to bring the substance of the prohibition or restriction to the notice of persons likely to be affected by it.1990, c. 22, s. 50; 1995, c. 40, s. 84
Limitation period or prescriptionSummary conviction proceedings for an offence under this Act may be instituted no later than two years after the day on which the subject matter of the proceedings arises.1990, c. 22, s. 51; 2015, c. 2, s. 111
Ticket offencesThe Governor in Council may make regulations designating the contravention of any provision of this Act or the regulations as an offence with respect to which, notwithstanding the provisions of the Criminal Code,an inspector may lay an information and issue and serve a summons by completing a ticket in the prescribed form, affixing the inspector’s signature thereto and delivering the ticket to the person alleged to have committed the offence specified therein at the time the offence is alleged to have been committed, orthe summons may be served on an accused by mailing the summons to the accused at the accused’s latest known address,and any regulations made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulations relate and shall prescribe the amount of the fine to be paid in respect of each offence.
Recovery of finesWhere a person is convicted of an offence under this Act and a fine that is imposed as punishment is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the superior court of the province in which the trial was held, and the judgment is enforceable against the convicted person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.
Parties to offenceIf a person other than an individual commits an offence under this Act, any of the person’s directors, officers or agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.1990, c. 22, s. 54; 2015, c. 2, s. 112
Proof of offenceIn a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.1990, c. 22, s. 55; 2015, c. 2, s. 112
Place of trialA prosecution for an offence under this Act may be instituted, heard and determined in the place wherethe offence was committed or the subject-matter of the prosecution arose;the accused was apprehended; orthe accused happens to be, or is carrying on business.
Evidence
Certificates and reportsIn any proceedings for a violation, or for an offence under this Act, a declaration, certificate, report or other document of the Minister or an inspector, purporting to have been signed by the Minister or the inspector, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.Copies of documentsIn any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any record or other document that is made by the Minister or an inspector under this Act or the regulations and that appears to have been certified under the signature of the Minister or the inspector as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.Presumed date of issueAny document referred to in subsection (1) or (2) shall, in the absence of evidence to the contrary, be deemed to have been issued on the date that it bears.NoticeNo declaration, certificate, report, copy, extract or other document referred to in this section shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the declaration, certificate, report, copy, extract or other document.1990, c. 22, s. 57; 1995, c. 40, s. 85
Transitional
Orders continuedAny orders made under section 8 of the Plant Quarantine Act and in force immediately before the repeal of that Act by section 59 of this Act shall continue in force as if they were orders made under subsection 15(3) of this Act.
Repeal
[Repeal]
Coming into Force
Coming into forceThis Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.[Note: Act in force October 1, 1990, see SI/90-110.]
AMENDMENTS NOT IN FORCE — 1992, c. 47, s. 84 (Sch., s. 12)
Section 52 is repealed.