Plant Protection Act (S.C. 1990, c. 22)

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: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:Order

  (3) The 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.

Marginal note:Forfeiture

• 33 (1) Where 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.

• Marginal note:Forfeiture without conviction

  (2) Where 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.

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.

• Marginal note:Return of seized things where no forfeiture ordered

  (2) Where 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.

• Marginal note:Exception

  (3) Where 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,

  • (a) the thing may be detained until the penalty or fine is paid;

  • (b) the thing may be sold under execution in satisfaction of the penalty or fine; or

  • (c) any proceeds realized from its disposition under paragraph (b) or subsection 30(3) may be applied in payment of the penalty or fine.

Confiscation

Marginal note:Confiscation

• 35 (1) An 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.

• Marginal note:Notice of reason for confiscation

  (2) An 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.

Marginal note:Storage and movement

• 36 (1) A 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.

• Marginal note:Disposition

  (2) An 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.

• Marginal note:Notice

  (3) A 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.

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.

Samples

Marginal note:Disposition of samples

• 37 (1) A sample taken under this Act or the regulations may be disposed of in such manner as the Minister considers appropriate.

• Marginal note:Her Majesty not liable

  (2) Her 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

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.

Compensation

Marginal note:Compensation for treatment, etc.

• 39 (1) The Minister may, in accordance with the regulations, order compensation to be paid from the Consolidated Revenue Fund in respect of

  • (a) any treatment of a place or any treatment, storage or disposition of a thing required under this Act or the regulations;

  • (b) 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; or

  • (c) any 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.

• Marginal note:Limitation

  (2) No compensation is payable under subsection (1) in respect of

  • (a) a 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; or

  • (b) the 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.

• Marginal note:Limitation

  (3) No 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.

Marginal note:Appeal

• 40 (1) A 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.

• Marginal note:Time limit for bringing appeal

  (2) An 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.

Marginal note:Powers of Assessor

• 41 (1) On 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.

• Marginal note:Costs

  (2) Costs may be awarded to or against the Minister in an appeal.

• Marginal note:Decisions final

  (3) The decision of the Assessor on an appeal is final and conclusive and not subject to appeal to or review by any court.

Marginal note:Sittings and hearings

• 42 (1) The Assessor may sit and hear appeals at any place or places and shall arrange for sittings and hearings as may be required.

• Marginal note:Travel allowances

  (2) The 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.

Marginal note:Procedure

• 43 (1) Subject 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.

• Marginal note:Transitional

  (2) Subject 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.

• Marginal note:Registrar

  (3) The 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.

Fees, Charges and Costs

Marginal note:Fees, charges and costs for inspections, etc.

• 44 (1) 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,

  • (a) 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; and

  • (b) the seizure, confiscation, forfeiture, detention or disposal of a thing under this Act or the regulations.

• Marginal note:Persons liable

  (2) The 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.

Marginal note:Fees, charges and costs for requested services, etc.

45 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.

Marginal note:Unpaid fees, charges or costs

46 Any 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.