GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Plant Protection Act — P-14.8
pest means any thing that is injurious or potentially injurious, whether directly or indirectly, to plants or to products or by-products of plants; ( parasite )
Plant Protection Act — P-14.8
plant includes a part of a plant; ( végétal )
Plant Protection Act — P-14.8
prescribed means prescribed by regulation; ( Version anglaise seulement )
Plant Protection Act — P-14.8
thing includes a plant and a pest; ( choses )
Plant Protection Act — P-14.8
Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act ; ( Commission )
Plant Protection Act — P-14.8 (a)
violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act : (a) any contravention of any provision of this Act or of a regulation made under this Act, (b) any contravention of any order made by the Minister under this Act, and (c) any refusal or neglect to perform any duty imposed by or under this Act. ( violation )
Plant Protection Act — P-14.8 4
Binding on Her Majesty 4 This Act is binding on Her Majesty in right of Canada or a province.
Plant Protection Act — P-14.8 5
Duty to notify Minister 5 Where a person becomes aware of the existence of a thing that the person suspects to be a pest in an area where the pest has not previously been known to exist, the person shall immediately notify the Minister of the suspected pest and provide the Minister with a specimen of it.
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Prohibition 6 (1) Except as permitted under this Act or the regulations, no person shall move, grow, raise, culture or produce any thing that there are reasonable grounds to believe 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. Prohibition of movement (2) Where an inspector believes on reasonable grounds that a thing 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, the inspector may prohibit the owner of the thing or the person having the possession, care or control of it from moving it without the written authorization of an inspector. Notice (3) A prohibition under subsection (2) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control, or by sending the notice to the owner or person. 1990, c. 22, s. 6; 2015, c. 3, s. 142(F)
Plant Protection Act — P-14.8 6.1
Recall order — Canadian Food Inspection Agency Act 6.1 No person shall sell a thing regulated under this Act that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act . 2015, c. 2, s. 100
Plant Protection Act — P-14.8 7
Prohibition 7 No person shall import or admit into Canada or export from Canada any 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, unless (a) the person has produced to an inspector all permits, certificates and other documentation required by the regulations; (b) the thing is or has been presented to an inspector — if required by the regulations or an inspector — in the manner and under the conditions specified by the inspector and at a place designated by the regulations or an inspector; and (c) the thing is imported or exported in accordance with any other requirements of the regulations. 1990, c. 22, s. 7; 2015, c. 2, s. 101
Plant Protection Act — P-14.8 8
Removal or destruction of unlawful imports 8 (1) An inspector who has reasonable grounds to believe that an imported thing has been imported in contravention of a provision of this Act or the regulations, 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 or that a requirement imposed by or under the regulations in respect of an imported thing has not been met may, by notice, whether the thing is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to destroy it. Notice (2) The notice must either be delivered personally to the owner or importer of the thing or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada. Forfeiture (3) If the thing is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent — it is, despite subsection 32(1), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct. Suspension of application of subsection (3) (4) An inspector may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that (a) harm to human, animal or plant health or the environment is unlikely to result; (b) the thing will not be sold within that period; (c) the measures that should have been taken for the thing not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and (d) if the thing does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period. Cancellation (5) An inspector may cancel the notice if he or she is satisfied that (a) harm to human, animal or plant health or the environment is unlikely to result; (b) the thing has not been sold within the period referred to in subsection (6); (c) the measures referred to in paragraph (4)(c) were taken within that period; and (d) if the thing did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period. Period (6) The period for the purposes of subsection (5) is (a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and (b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent. 1990, c. 22, s. 8; 2015, c. 2, s. 101
Plant Protection Act — P-14.8 9
Prohibition of possession or disposition 9 (1) No person shall possess or dispose of a thing that the person knows was imported in contravention of this Act or the regulations. Presumption (2) In any prosecution for an offence under subsection (1), an accused who is found to have been in possession of a thing that was imported in contravention of this Act or the regulations shall be considered, in the absence of evidence to the contrary, to have known that the thing was so imported.
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Assistance in controlling or eradicating pests outside Canada 10 The Minister may provide financial or technical assistance to any person or government outside Canada in controlling or eradicating a pest that affects or could affect plants, or products or by-products of plants, in Canada.
Plant Protection Act — P-14.8 11
Declaration of infested place 11 (1) Where an inspector suspects or determines that a place is infested with a pest and is of the opinion that the pest could spread, the inspector may in writing declare that the place is infested. Delivery of declaration (2) When the declaration is delivered to the occupier or owner of the place to which it relates, the place, together with all contiguous lands, buildings and other places occupied or owned by the occupier or owner, constitutes an infested place until the Minister determines otherwise.
Plant Protection Act — P-14.8 12
Further declaration 12 (1) Where an inspector declares under section 11 that a place is infested and is of the opinion that the pest could spread to any other land, building or place, the inspector may in writing declare that the other land, building or place is infested. Delivery of declaration (2) When a declaration is delivered to the occupier or owner of any land, building or place mentioned in subsection (1), the land, building or place, together with all contiguous lands, buildings and places occupied or owned by the same occupier or owner, constitutes part of the infested place.
Plant Protection Act — P-14.8 13
Interim powers of inspector 13 (1) Where an inspector is of the opinion that immediate action is required to control a pest, the inspector may, in a declaration under section 11 or 12, and for a period of not more than ninety days, prohibit or restrict the movement of persons and things within, into or out of the infested place for the purpose of controlling the pest. Cessation of prohibition or restriction (2) A prohibition or restriction contained in a declaration under section 11 or 12 ceases to have effect where (a) the inspector rescinds the prohibition or restriction; or (b) the declaration is revoked by the Minister under subsection 15(2).
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Where occupier or owner not found 14 Where an inspector cannot, after the exercise of due diligence, find the occupier or owner of any land, building or other place, delivery of a declaration may be effected by posting it on the building or on any building or conspicuous object on the land or at the place.
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Report to Minister 15 (1) An inspector who declares that a place is infested shall, as soon as is practicable, send a report of the declaration to the Minister. Revocation of declaration (2) Where a place has been declared infested under section 11 or 12, the Minister may revoke the declaration and, on revocation, the place shall cease to be an infested place. Powers of Minister (3) The Minister may, by order, (a) declare any place to be infested that is not already the subject of a declaration under section 11 or 12; (b) determine and subsequently vary the area of any place that is declared infested; (c) extend the period of any prohibition or restriction declared by an inspector under subsection 13(1); (d) prohibit or restrict the movement of persons and things within, into or out of any place that is declared infested; and (e) permit any movement of persons and things within, into or out of a place that would otherwise be prohibited by this section or section 6.
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Description of area of infested place 16 In a declaration under section 11 or 12 or subsection 15(3), the area of an infested place may be described by reference to a map or plan deposited and publicly available at a place specified in the declaration, or by reference to any farm, county, district, municipality, province or any part thereof.
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Prohibition or restriction supersedes 17 A prohibition or restriction imposed by the Minister or an inspector supersedes any order of a local authority that is inconsistent with it.
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Not a statutory instrument 18 A declaration under section 11 or 12, a revocation of a declaration under subsection 15(2) and an order under subsection 15(3) are not statutory instruments for the purposes of the Statutory Instruments Act , but the Minister shall take such steps as may be practicable in the circumstances to bring any order under subsection 15(3) to the notice of persons likely to be affected by it.
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Designation of facilities 19 The Minister may designate areas, offices, laboratories or other facilities inside or outside Canada for a specified purpose or generally for the administration of this Act or the regulations and may at any time amend, cancel or reinstate any such designation.
Plant Protection Act — P-14.8 21
Designation of inspectors 21 (1) The President of the Canadian Food Inspection Agency may designate inspectors under section 13 of the Canadian Food Inspection Agency Act for the purposes of this Act. Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation. 1990, c. 22, s. 21; 1997, c. 6, s. 82; 2005, c. 38, s. 123
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Inspectors may exercise Minister’s powers 22 (1) An inspector may, subject to any restrictions or limitations specified by the Minister, exercise any of the powers and perform any of the duties or functions of the Minister under this Act, except the powers mentioned in subsection 15(3). Powers concerning movement and loading (2) For the purpose of determining whether a conveyance or other thing is free of any pest, an inspector may (a) permit or require the conveyance or other thing to be moved or prohibit its movement; or (b) prohibit or interrupt the loading, unloading or partial loading of the conveyance or other thing or permit or require the conveyance or other thing to be loaded, unloaded or partially loaded.
Plant Protection Act — P-14.8 23
Impeding inspector 23 (1) No person shall obstruct or hinder or make any false or misleading statement either orally or in writing to an inspector who is performing duties or functions under this Act or the regulations. Assistance to inspectors (2) The owner or the person in charge of a place entered by an inspector under section 25 and every person found in the place shall (a) give the inspector all reasonable assistance in the owner’s or person’s power to enable the inspector to perform duties and functions under this Act or the regulations; and (b) furnish the inspector with such information relevant to the administration of this Act or the regulations as the inspector may reasonably require. Assistance of peace officer (3) A peace officer shall provide such assistance as an inspector may request for the purpose of enforcing this Act or the regulations.
Plant Protection Act — P-14.8 23.1
Provision of documents, information or samples 23.1 (1) An inspector may, for the purpose of detecting pests or for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector. Duty to provide document, information or sample (2) A person who is ordered by an inspector to provide a document, information or a sample has a duty to do so on the specified date, at the specified time and place and in the specified manner. 2015, c. 2, s. 102
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Broken seal 24 (1) Where a seal or other identifying device authorized by the regulations has been affixed to a conveyance or other thing and the seal or device is broken, altered, tampered with or removed in contravention of the regulations, an inspector may require that the conveyance or other thing, or any thing contained in it, be stored, treated, placed in quarantine, disposed of or moved as the inspector may direct. Notice (2) A requirement under subsection (1) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the conveyance or other 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 conveyance or other thing is to be stored, treated, quarantined, disposed of or moved. 1990, c. 22, s. 24; 2015, c. 3, s. 144(F)
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Inspection 25 (1) For the purpose of detecting pests or for a purpose related to verifying compliance or preventing non-compliance with this Act, an inspector may (a) subject to section 26, at any reasonable time, enter and inspect any place, or stop any conveyance, in which the inspector believes on reasonable grounds there is any thing in respect of which this Act or the regulations apply; (b) open any receptacle, baggage, package, cage or other thing that the inspector believes on reasonable grounds contains any thing in respect of which this Act or the regulations apply; (c) examine any thing in respect of which this Act or the regulations apply and take samples of it; (d) require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act or the regulations; and (e) conduct any tests or analyses or take any measurements. Operation of data processing and copying equipment (2) In carrying out an inspection at any place under this section, an inspector may (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system; (b) reproduce any document or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any record or other document. 1990, c. 22, s. 25; 2015, c. 2, s. 103
Plant Protection Act — P-14.8 26
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. 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. 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.
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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. 1990, c. 22, s. 27; 1995, c. 40, s. 76
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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. 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. Execution of search warrant (3) A warrant shall be executed by day unless the justice authorizes its execution by night. 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. 1990, c. 22, s. 28; 1995, c. 40, s. 77
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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.
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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. 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. 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. 1990, c. 22, s. 30; 2015, c. 3, s. 145(F)
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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.
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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. 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. 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. 1990, c. 22, s. 32; 1995, c. 40, s. 78; 2015, c. 2, s. 104