Marginal note:Regulations
47 (1) The 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 regulations
(a) prohibiting 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;
(a.1) for the purposes of paragraph 7(b),
(i) respecting the circumstances in which a thing must be presented to an inspector, and
(ii) imposing conditions on an inspector’s authority to require that a thing be presented;
(b) 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;
(b.1) respecting authorizations provided for in section 47.2, including the conditions to which they may be subject and their amendment, suspension or revocation;
(c) prohibiting or regulating the importation of food or garbage into Canada;
(d) regulating any activity referred to in section 6;
(e) designating places of entry where things may be presented for inspection and admittance into Canada;
(f) governing investigations and surveys to detect pests and to identify areas of infestation;
(g) respecting the declaration of things infested with pests and things free of infestation;
(h) respecting the declaration under sections 11, 12 and 15 of places that are infested;
(i) 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;
(j) governing the quarantine of things;
(k) for the establishment of inspection and treatment centres and quarantine stations;
(l) 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;
(m) respecting the detention or disposition of things seized, forfeited or confiscated under this Act;
(n) 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;
(o) 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;
(p) 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;
(q) prescribing the terms and conditions on which compensation may be ordered under section 39 and the maximum levels of compensation;
(r) requiring documents to be furnished by inspectors;
(r.1) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting
(i) the information in those documents,
(ii) the manner in which they are to be prepared, kept or maintained,
(iii) the place where they are to be kept or maintained, and
(iv) the manner in which they are to be provided or access to them is to be provided;
(r.2) 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;
(s) 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; and
(t) exempting, 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.
Marginal note:Paragraph (1)(a) — importation
(2) Regulations made under paragraph (1)(a) may, among other things, establish preclearance or in-transit requirements for any imported thing or anything imported with it.
Marginal note:Paragraph (1)(a) — prohibiting or restricting activities
(3) Regulations 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.
Marginal note:Paragraph (1)(i)
(4) 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.
Marginal note:Paragraph (1)(r.1)
(5) 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
- Date modified: