Plant Protection Regulations (SOR/95-212)

Conditions

51 With respect to each item in Schedule II, where a thing listed in column I is to be conveyed from a place in Canada described in column II to a place in Canada described in column III, and the thing

• (a) is a pest named in column V of that item;

• (b) is or could be infested with a pest named in column V of that item; or

• (c) is or could be a biological obstacle to the control of a pest named in column V of that item,

no person shall move that thing unless the requirements set out in column IV are met.

• 52 (1) For the purposes of section 51, an inspector may examine any thing referred to in Schedule II that is intended for movement within Canada in order to ensure that the thing meets any condition, treatment or other requirement specified in Schedule II and that it complies with the Act and all regulations and orders made thereunder.

• (2) An inspector or a peace officer acting on the request of an inspector may require any thing to be moved to a specified place for the purpose of complying with the requirements of the Act and all regulations and orders made thereunder.

Prohibition Respecting a Place Declared Infested by the Minister or an Inspector

• 53 (1) Where, pursuant to section 11 or 12 of the Act or subsection 15(3) of the Act, the Minister, by an order, or an inspector, by a declaration, has declared a place infested, no person shall undertake any activity in respect of any thing, unless the movement of the thing within, into or out of the place is permitted pursuant to that order or declaration.

• (2) Where a person undertakes an activity referred to in subsection (1), the person shall undertake the activity in the manner determined by an inspector, on the basis of the extent of the infestation or the type of thing.

Movement of Things for Special Purposes

• 54 (1) Any inspector may issue a Movement Certificate to a person for any thing that is prohibited from being moved pursuant to section 50 or that does not meet the requirements of the Act or any regulation or order made thereunder where the Minister or an inspector determines that

  • (a) the thing is being moved for the purpose of being used for scientific research, educational, processing, industrial or exhibition purposes; and

  • (b) the person is able and willing to comply with the conditions to be set out in the Movement Certificate and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest.

• (2) A thing referred to in subsection (1) shall be packaged, transported, handled, controlled and used in a manner that ensures that a pest or biological obstacle to the control of a pest is not spread within Canada.

• (3) Where a thing referred to in subsection (1) or any remains of the thing or portion thereof is to be disposed of, the owner or person having the possession, care or control of the thing or portion thereof shall dispose of it in a manner that

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

  • (b) 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.

• (4) No person shall move within Canada a thing referred to in subsection (1) unless

  • (a) the person has complied with paragraph 45(2)(b) and sections 48 and 49;

  • (b) if required by the Minister or an inspector and prior to the issuance of a Movement Certificate, the person has indicated in writing that the person is able and willing to comply with all the conditions that the Minister or an inspector has indicated will be set out in the Movement Certificate;

  • (c) the thing is moved within Canada to the place specified in the Movement Certificate; and

  • (d) the thing is dealt with in such a manner as may be specified in the Movement Certificate.

PART IVExportation

Canadian Phytosanitary Certificate and Other Documents

• 55 (1) In this Part,

  Canadian Phytosanitary Certificate

  Canadian Phytosanitary Certificate means a document, issued by an inspector, that attests to the phytosanitary status of any thing exported from Canada and that

  • (a) contains the information required by the Model Phytosanitary Certificate set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time, and

  • (b) is signed by an inspector and sealed with an official Canadian Phytosanitary Certificate seal; (certificat phytosanitaire canadien)

  Canadian Phytosanitary Certificate for Re-export

  Canadian Phytosanitary Certificate for Re-export means a document, issued by an inspector, that indicates that a thing is considered to conform with the laws of the importing country respecting phytosanitary import requirements, and to which is attached a copy of the original Phytosanitary Certificate from the country of origin and that

  • (a) contains the information required by the Model Phytosanitary Certificate for Re-export set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time, and

  • (b) is signed by an inspector and sealed with an official Canadian Phytosanitary Certificate seal. (certificat phytosanitaire canadien pour réexportation)

• (2) No person shall export from Canada any thing for which a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document is required by the phytosanitary certification authorities in the country of final destination, unless the appropriate document is issued by an inspector.

• (3) An inspector may issue a Canadian Phytosanitary Certificate or Canadian Phytosanitary Certificate for Re-export or any other document required by the phytosanitary certification authorities in the country of final destination only if the inspector believes on reasonable grounds that the thing to be exported conforms with the laws of the importing country respecting phytosanitary import requirements.

• (4) No person, other than an inspector or a person authorized in writing by an inspector, shall have in the person’s possession, custody or control an official Canadian Phytosanitary Certificate seal or any facsimile thereof.

• (5) No person, other than an inspector shall alter, deface or erase any information or statement in a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder.

• (6) A Canadian Phytosanitary Certificate or Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder is void if any person other than an inspector has altered, defaced or erased any information or statement in the certificate.

• (7) No person shall substitute any other thing for any thing for which a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder is issued by an inspector.

General

• 56 (1) For the purposes of preventing the spread of pests, no person shall export from Canada any thing referred to in section 7000 of the schedule to the Export Control List or any thing that is infested with a thing referred to in that section, unless prior to export the person has obtained an export permit referred to in section 7 of the Export and Import Permits Act.

• (2) Where a person has obtained an export permit referred to in subsection (1), the person is not required to obtain a Movement Certificate in respect of the thing if the thing is shipped directly out of Canada.

• (3) Any thing in respect of which an export permit referred to in subsection (1) has been issued shall be packaged, contained and moved in such a manner as to prevent the thing from spreading a pest or biological obstacle to the control of a pest.

57 No person shall export or re-export any thing from Canada unless it meets the laws of the importing country respecting phytosanitary import requirements.

Conveyance and Facility Inspection

• 58 (1) For the purposes of this section, vessel means any ship, boat or other means of transport used or designed to be used in water navigation.

• (2) No person shall load or complete the loading of grain or a grain product aboard a vessel unless

  • (a) prior to the loading of the grain or grain product and, if required by an inspector for the purpose of determining if the vessel is infested or constitutes or could constitute a biological obstacle to the control of a pest, during the loading, the vessel is inspected and approved for loading, in writing, by an inspector; or

  • (b) an inspector advises that an inspection and approval of the vessel is not required because the inspector has reasonable grounds to believe that the vessel is not infested or does not or could not constitute a biological obstacle to the control of a pest.

• (3) Where the Minister or an inspector believes on reasonable grounds that the vessel that is to receive the grain or grain product is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or person having the possession, care or control of the vessel

  • (a) to treat or clean the vessel; and

  • (b) to treat, move or dispose of any thing found on or in the vessel.

59 If before, during or after the loading or unloading of grain or a grain product aboard or from a conveyance, an inspector believes on reasonable grounds that the conveyance, grain or grain product is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or the person having the possession, care or control of the conveyance

• (a) to treat or clean the conveyance, grain or grain product; and

• (b) to treat, move or dispose of any thing found on or in the conveyance, grain or grain product.

60 Where the Minister or an inspector believes on reasonable grounds that a conveyance or a facility used for any activity undertaken in respect of any thing that requires a Canadian Phytosanitary Certificate, a Canadian Phytosanitary Certificate for Re-export or any other phytosanitary document is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or person having the possession, care or control of the conveyance or facility

• (a) to treat or clean the conveyance or the facility; and

• (b) to treat, move or dispose of any thing found on or in the conveyance or in the facility.