GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Plant Protection Act — P-14.8 33
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. 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. 1990, c. 22, s. 33; 1995, c. 40, s. 79
Plant Protection Act — P-14.8 34
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. 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. 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. 1990, c. 22, s. 34; 1995, c. 40, s. 80; 2015, c. 2, s. 105
Plant Protection Act — P-14.8 35
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. 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.
Plant Protection Act — P-14.8 36
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. 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. 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. 1990, c. 22, s. 36; 2015, c. 3, s. 146(F)
Plant Protection Act — P-14.8 36.1
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. 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. 2015, c. 2, s. 106
Plant Protection Act — P-14.8 36.2
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. 2015, c. 2, s. 106
Plant Protection Act — P-14.8 36.3
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. 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. 2015, c. 2, s. 106
Plant Protection Act — P-14.8 36.4
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. 2015, c. 2, s. 106
Plant Protection Act — P-14.8 37
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. 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.
Plant Protection Act — P-14.8 38
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. 1990, c. 22, s. 38; 2015, c. 2, s. 107
Plant Protection Act — P-14.8 38.1
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. 2015, c. 2, s. 107
Plant Protection Act — P-14.8 39
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. 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. 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. 1990, c. 22, s. 39; 1995, c. 40, s. 81; 1997, c. 6, s. 83
Plant Protection Act — P-14.8 40
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. 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.
Plant Protection Act — P-14.8 41
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. Costs (2) Costs may be awarded to or against the Minister in an appeal. 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.
Plant Protection Act — P-14.8 42
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. 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 .
Plant Protection Act — P-14.8 43
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. 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. 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 . 1990, c. 22, s. 43; 2001, c. 4, s. 173(F)
Plant Protection Act — P-14.8 44
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. 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.
Plant Protection Act — P-14.8 45
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.
Plant Protection Act — P-14.8 46
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. 1990, c. 22, s. 46; 1993, c. 34, s. 102
Plant Protection Act — P-14.8 47
 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. 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. 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. 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. 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
Plant Protection Act — P-14.8 47.1
Incorporation by reference 47.1 (1) A regulation made under subsection 47(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. Accessibility (2) The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 47(1), including any amendments to the document, is accessible. Defence (3) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 47(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person. No registration or publication (4) For greater certainty, a document that is incorporated by reference in a regulation made under subsection 47(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. 2015, c. 2, s. 109
Plant Protection Act — P-14.8 47.2
Authorizations 47.2 (1) The President of the Canadian Food Inspection Agency may, subject to the regulations, authorize any person to perform any activity that he or she specifies, subject to any conditions that he or she considers appropriate, if the activity is related to ensuring that a thing is not a pest, is not or could not be infested with a pest or does not or could not constitute a biological obstacle to the control of a pest. Not transferable (2) The authorization is not transferable. Amendment, suspension and revocation (3) The President may, subject to the regulations, amend, suspend or revoke the authorization. 2015, c. 2, s. 109
Plant Protection Act — P-14.8 47.3
Non-application of Statutory Instruments Act 47.3 The Statutory Instruments Act does not apply in respect of a notice referred to in section 49. 2015, c. 2, s. 109
Plant Protection Act — P-14.8 48
General offence 48 (1) Every person who contravenes any provision of this Act, other than section 9, or the regulations or who refuses or neglects to perform any duty imposed by or under the Act or the regulations is guilty of (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or (b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both. Possession of illegal imports (2) Every person who contravenes section 9 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars. No imprisonment (3) Notwithstanding the Criminal Code , no person shall be committed to prison for default of payment of a fine imposed under subsection (2). 1990, c. 22, s. 48; 1995, c. 40, s. 82; 2015, c. 2, s. 110(F)
Plant Protection Act — P-14.8 49
Failure to comply with notices 49 Every person who fails to comply with a notice communicated to the person under section 6, 8, 24, 30 or 36 or the regulations is guilty of (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or (b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both. 1990, c. 22, s. 49; 1995, c. 40, s. 83
Plant Protection Act — P-14.8 50
Contravention of prohibition or restriction 50 (1) Every person who contravenes a prohibition or restriction imposed under subsection 13(1) or 15(3) is guilty of (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or (b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both. Defence (2) No person shall be found guilty of an offence consisting of a contravention of a prohibition or restriction imposed by the Minister or an inspector unless it is proved that, at the time of the alleged contravention, (a) the person had been notified of the prohibition or restriction; or (b) reasonable steps had been taken to bring the substance of the prohibition or restriction to the notice of persons likely to be affected by it. 1990, c. 22, s. 50; 1995, c. 40, s. 84
Plant Protection Act — P-14.8 51
Limitation period or prescription 51 Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the day on which the subject matter of the proceedings arises. 1990, c. 22, s. 51; 2015, c. 2, s. 111
Plant Protection Act — P-14.8 52
Ticket offences 52 The Governor in Council may make regulations designating the contravention of any provision of this Act or the regulations as an offence with respect to which, notwithstanding the provisions of the Criminal Code , (a) an inspector may lay an information and issue and serve a summons by completing a ticket in the prescribed form, affixing the inspector’s signature thereto and delivering the ticket to the person alleged to have committed the offence specified therein at the time the offence is alleged to have been committed, or (b) the summons may be served on an accused by mailing the summons to the accused at the accused’s latest known address, and any regulations made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulations relate and shall prescribe the amount of the fine to be paid in respect of each offence.
Plant Protection Act — P-14.8 53
Recovery of fines 53 Where a person is convicted of an offence under this Act and a fine that is imposed as punishment is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the superior court of the province in which the trial was held, and the judgment is enforceable against the convicted person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.
Plant Protection Act — P-14.8 54
Parties to offence 54 If a person other than an individual commits an offence under this Act, any of the person’s directors, officers or agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence. 1990, c. 22, s. 54; 2015, c. 2, s. 112
Plant Protection Act — P-14.8 55
Proof of offence 55 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission. 1990, c. 22, s. 55; 2015, c. 2, s. 112
Plant Protection Act — P-14.8 56
Place of trial 56 A prosecution for an offence under this Act may be instituted, heard and determined in the place where (a) the offence was committed or the subject-matter of the prosecution arose; (b) the accused was apprehended; or (c) the accused happens to be, or is carrying on business.