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

Marginal note:Warrant required to enter dwelling-place

• 26 (1) An 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.

• Marginal note:Authority to issue warrant

  (2) Where on ex parte application a justice is satisfied by information on oath that

  • (a) the conditions for entry described in section 25 exist in relation to a dwelling-place,

  • (b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations, and

  • (c) entry 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.

• Marginal note:Use of force

  (3) The 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.

Marginal note:Seizure

27 Where 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 thing

• (a) by means of or in relation to which the inspector believes on reasonable grounds the violation or offence was committed; or

• (b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.

Search

Marginal note:Warrant

• 28 (1) Where 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 thing

  • (a) by 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, or

  • (b) that 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.

• Marginal note:Search and seizure powers

  (2) The 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 thing

  • (a) by means of or in relation to which the inspector believes on reasonable grounds a violation, or an offence under this Act, has been committed; or

  • (b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.

• Marginal note:Execution of search warrant

  (3) A warrant shall be executed by day unless the justice authorizes its execution by night.

• Marginal note:Where warrant not necessary

  (4) An 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.

Disposition of Seized Things

Marginal note:Notice of reason for seizure

29 An 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.

Marginal note:Storage, removal, etc.

• 30 (1) An inspector who seizes and detains a thing under this Act, or any person designated by the inspector, may

  • (a) store, 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; or

  • (b) require 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.

• Marginal note:Notice

  (2) A 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.

• Marginal note:Proceeds

  (3) An 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.

Marginal note:Interference with seized things

31 Except 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.

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.