Plant Protection Regulations (SOR/95-212)

Short Title

1 These Regulations may be cited as the Plant Protection Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Plant Protection Act; (Loi)

activity

activity, in respect of a thing, means the processing, handling, packaging, labelling, distributing, sale, disposition, loading, unloading, movement, use, treatment, preservation, safeguarding or storage of the thing, and includes any activity referred to in subsection 6(1) of the Act; (activité)

Agency

Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

infested

infested means that a pest is present in or on a thing or place or that the thing or place is so exposed to a pest that one can reasonably suspect that the pest is in or on the thing or place; (infesté) (parasité)

Movement Certificate

Movement Certificate means a document, issued pursuant to the Act and signed by an inspector, that authorizes the movement of things within Canada or from Canada to a foreign destination; (certificat de circulation)

permit

permit means a permit to import a thing issued by the Minister pursuant to subsection 32(1) or 43(1); (permis)

pest risk assessment

pest risk assessment means a pest risk assessment conducted by the Minister in accordance with the principles of the International Standards for Phytosanitary Measures, Part I — Import Regulations, Guidelines for Pest Risk analysis, published by the Food and Agriculture Organization of the United Nations, as amended from time to time, with the definition pest in those guidelines being replaced by the definition pest in section 3 of the Act, for the purpose of

• (a) determining if a thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest,

• (b) recommending actions, as applicable,

  • (i) to prevent the introduction into Canada or the spread within or from Canada of any pest or biological obstacle to the control of a pest, or

  • (ii) to control a pest or to eradicate a pest or biological obstacle to the control of a pest,

• (c) determining if a thing that is a pest or biological obstacle to the control of a pest has a significant adverse effect on the environment, and

• (d) minimizing the degradation of environmental quality with respect to Canadian flora; (analyse du risque phytosanitaire)

quarantine

quarantine means the confinement of a thing for a period and includes confinement for the purposes of

• (a) observation, inspection, testing or analysis of a thing to determine if the thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, or

• (b) preventing the spread of a pest or biological obstacle to the control of a pest; (quarantaine)

send

send includes electronic transmittal and mail. (envoyer)

PART IGeneral

Eradicating and Preventing the Spread of Pests

3 An inspector may, as appropriate in the circumstances for the purpose of eradicating a pest or preventing its spread, take one or more of the actions that the inspector is authorized to take under the Act or any regulation or order made under the Act if

• (a) after a pest risk assessment, the Minister or an inspector believes on reasonable grounds that a thing is a pest, or a thing or place is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest; and

• (b) the Minister determines that it is necessary and cost-justifiable to take pest control measures.

Shipment of Pests

4 For the purposes of section 5 of the Act, the specimen of a suspected pest that is to be provided to the Minister shall be treated, packaged, contained and moved in such a manner as to prevent the suspected pest from escaping.

Activities Referred to in Subsection 6(1) of the Act

• 5 (1) For the purposes of subsection 6(1) of the Act, a person may undertake any activity referred to in that subsection in respect of a thing that is a pest, is or could be infested or is or could constitute a biological obstacle to the control of a pest if

  • (a) the Minister or an inspector determines that the activity is for the purpose of scientific research, educational, processing, industrial or exhibition purposes;

  • (b) the person obtains a written authorization issued by the Minister or an inspector in accordance with subsection (2);

  • (c) the thing is packaged, transported, handled, controlled and used in a manner that ensures a pest or biological obstacle to the control of a pest is not spread within or from Canada;

  • (d) the thing is moved in accordance with the requirements of Part III; and

  • (e) where the thing or any remains of the thing or portion thereof is to be disposed of, the owner or the person having the possession, care or control of the thing, remains or portion thereof disposes of it in a manner that

    • (i) ensures that a pest or biological obstacle to the control of a pest will not spread, and

    • (ii) destroys any pest or biological obstacle to the control of a pest or ensures that the pest or biological obstacle to the control of a pest is non-viable.

• (2) Subject to paragraph (1)(a), the Minister or an inspector shall issue a written authorization in respect of any activity referred to in subsection 6(1) of the Act where the Minister or an inspector determines that the person is able and willing to comply with paragraphs (1)(c), (d) and (e) and with the conditions set out in the authorization and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest.

• (3) A written authorization referred to in subsection (2) may set out the conditions under which any activity referred to in subsection 6(1) of the Act may be undertaken in respect of the thing to prevent the spread within or from Canada of a pest or a biological obstacle to the control of a pest.

• (4) A person who obtains a written authorization referred to in subsection (2) shall comply with all the conditions set out in the authorization.

• (5) Subject to section 21, a person is not required to obtain a written authorization referred to in paragraph (1)(b) of these Regulations or in subsection 6(2) of the Act where the person is acting for or on behalf of Her Majesty in right of Canada and

  • (a) is acting for any of the purposes set out in section 2 of the Act or in respect to the application of the Act or any regulation or order made thereunder; or

  • (b) is moving a thing for the purpose of administering any other Act.

Seals

• 6 (1) An inspector or a peace officer acting on the request of an inspector may affix a seal to a conveyance or any other thing.

• (2) Each seal shall bear a number and the inscription “CANADA — C.F.I.A./A.C.I.A.”.

• (3) No person, other than an inspector or a person authorized in writing by an inspector, shall have a seal bearing the information referred to in subsection (2) or any facsimile thereof in the person’s possession, custody or control.

• 7 (1) Except as authorized by an inspector pursuant to subsection (2), no person, other than an inspector, shall remove, break, tamper with or alter a seal.

• (2) Where it would be impracticable for an inspector to remove or break a seal, any inspector may authorize any person in writing to do so on the inspector’s behalf.

• (3) An owner or a person having the possession, care or control of a conveyance or any other thing on which a seal is affixed, shall ensure that the seal is not removed, broken, tampered with or altered except in accordance with this section.

Documents

8 [Repealed, SOR/2017-94, s. 15]

9 [Repealed, SOR/2017-94, s. 15]

• 10 (1) Any document required to be furnished to the Minister or an inspector under the Act or any regulation or order made thereunder may be furnished in electronic form.

• (2) Where a document referred to in subsection (1) is furnished in electronic form, an original hard copy of the document shall be furnished to the Minister or an inspector within a reasonable period after the document is furnished in electronic form.

• (3) The hard copy of a document referred to in subsection (2) is not required if the document is sent in electronic form directly from the phytosanitary certification authorities of a foreign country to the Minister or an inspector in accordance with an agreement between the Minister and those authorities to furnish documents directly to the Minister in electronic form.

Quarantine

• 11 (1) Where the Minister or an inspector believes on reasonable grounds that a thing is a pest or that a period is required to determine if a thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require that the thing be quarantined.

• (2) Where an inspector quarantines a thing, any inspector may specify in writing the period of the quarantine and the conditions necessary for the purpose of detecting a pest or biological obstacle to the control of a pest or preventing or controlling the spread of a pest or biological obstacle to the control of a pest.

• 12 (1) Where a thing is quarantined,

  • (a) an inspector shall send or personally deliver a notice of quarantine to the owner or person having the possession, care or control of the thing, unless it is specified in a permit that the thing is to be quarantined; and

  • (b) any inspector may attach a quarantine tag to the thing or its container.

• (2) A quarantine tag, if any, shall bear the same quarantine number as the notice of quarantine or, where specified in the permit that a thing be quarantined, the quarantine tag shall bear the permit number.

• 13 (1) Except as authorized by an inspector pursuant to subsection (2), no person, other than an inspector, shall

  • (a) alter, deface or erase any information on a notice of quarantine or a quarantine tag; or

  • (b) remove a quarantine tag.

• (2) Where it would be impracticable for an inspector to remove a quarantine tag, any inspector may authorize a person in writing to do so on the inspector’s behalf.

• 14 (1) Subject to subsection (2), where an inspector has quarantined a thing, no person shall undertake any activity in respect of the thing except in accordance with the conditions, and for the period, specified pursuant to subsection 11(2).

• (2) Any inspector may authorize an activity in respect of a thing referred to in subsection (1) where the activity is necessary in order to carry out the quarantine or would not adversely affect the quarantine.

• 15 (1) An inspector shall release from quarantine a thing or portion of the thing where an inspector determines that

  • (a) the thing or portion is not a pest, or is not or could not be infested;

  • (b) the thing or portion does not or could not constitute a biological obstacle to the control of a pest;

  • (c) the pest has been eradicated from the thing or portion; or

  • (d) the thing or portion no longer constitutes a biological obstacle to the control of a pest.

• (2) Where an inspector releases a thing or a portion of the thing from quarantine, an inspector shall send or personally deliver a notice of release from quarantine to the owner or person having the possession, care or control of the thing.

Investigation or Survey of a Thing or Place

• 16 (1) An inspector may conduct an investigation or survey of a place or any thing in that place in order to detect pests or biological obstacles to the control of pests and to identify areas in which a pest or biological obstacle to the control of a pest is or could be found.

• (2) Where, as a result of an investigation or a survey conducted by any inspector or any other person, the Minister or an inspector has reasonable grounds to believe that a pest or biological obstacle to the control of a pest has been detected and an area in which the pest or biological obstacle is or could be found has been identified,

  • (a) the Minister or any inspector may describe the area by reference to a map or plan that is publicly available, or by reference to any farm, county, district, municipality, province or any part thereof; and

  • (b) the Minister shall take all necessary steps as may be practicable in the circumstances to bring any information relevant to the pest or biological obstacle and the area to the notice of persons likely to be affected by the pest or biological obstacle.

Treatment or Processing of a Thing or Place

• 17 (1) Where the Minister or an inspector believes on reasonable grounds that a thing is a pest, or a thing or place is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may, in order to eradicate, or prevent the spread of, the pest or biological obstacle, decide that the thing or place shall be treated or processed and may determine the treatment or process and manner of treatment or processing.

• (2) Where, pursuant to subsection (1), an inspector decides that a thing or place shall be treated or processed, any inspector may

  • (a) treat or process it or cause it to be treated or processed; or

  • (b) require the owner or the person having the possession, care or control of the thing or place to treat or process it or cause it to be treated or processed.

• (3) A requirement made pursuant to paragraph (2)(b) shall be communicated by sending or personally delivering a notice in writing to the owner or other person, and the notice may specify the treatment or process, manner of treatment or processing or the date by which the treatment or processing shall be completed.

• (4) An owner or other person who receives a notice referred to in subsection (3) shall ensure that

  • (a) the treatment or process is carried out in accordance with the notice and any other instructions issued by an inspector in respect of the treatment or process or manner of treatment or processing of the thing or place; and

  • (b) the pest or biological obstacle to the control of a pest is eradicated and the spread of the pest or biological obstacle is prevented.

Treatment or Processing of a Thing or Place after Detention, Confiscation, Forfeiture or Quarantine

• 18 (1) Where, pursuant to section 27, 33 or 35 of the Act, a thing is detained, forfeited or confiscated or where, under these Regulations, a thing is quarantined, an inspector may require the owner or person having the possession, care or control of any thing or place in or on which the thing was contained, detained, forfeited, confiscated, or quarantined to treat or process, or cause to be treated or processed, that thing or place.

• (2) Subsections 17(3) and (4) apply, with such modifications as the circumstances require, where, pursuant to subsection (1), an inspector requires that a thing or place be treated or processed.