What Canada Plant Protection Act: Preventing the Import, Export and Spread of Plant Pests requires
The Plant Protection Act (S.C. 1990, c. 22) is Canada's federal statute for protecting plant life and the agricultural and forestry sectors by preventing the importation, exportation and spread of pests and by controlling or eradicating pests in Canada, administered by the Canadian Food Inspection Agency (CFIA). Section 2 states this purpose, and section 3 defines 'pest' (any thing injurious or potentially injurious, directly or indirectly, to plants or to products or by-products of plants), 'thing' (including a plant and a pest) and 'plant' (including a part of a plant). Section 6(1) prohibits moving, growing, raising, culturing or producing any thing that there are reasonable grounds to believe is a pest, is or could be infested, or could constitute a biological obstacle to pest control, except as permitted. Section 7 prohibits importing into, admitting into or exporting from Canada any pest, infested thing or biological obstacle unless permit, presentation and regulatory conditions are met. An inspector may order the removal from Canada or destruction of unlawfully imported things (section 8). Inspectors may declare a place infested (section 11), declare contiguous lands or buildings infested where a pest could spread (section 12), and prohibit or restrict movement within an infested place for up to ninety days (section 13); the Minister may by order declare a place infested, determine and vary the affected area, extend periods, and prohibit, restrict or permit movement (section 15(3)). The Minister may order compensation from the Consolidated Revenue Fund for treatment, storage, disposition or restrictions (section 39(1)), subject to exceptions for things imported in contravention or found infested on inspection (section 39(2)). Inspectors have powers of entry, inspection, sampling, seizure and detention (sections 25-27), with dwelling-houses protected by a consent or warrant requirement (section 26) and search warrants available from a justice (section 28). Seized things compliant with the Act must be released (section 32), and a court may order forfeiture (section 33) and disposal as the Minister directs (section 34). Offences are punishable on summary conviction by a fine up to $50,000 or six months' imprisonment, and on indictment by a fine up to $250,000 or two years' imprisonment (section 48). The Governor in Council may make regulations (section 47) and incorporate documents by reference (section 47.1).
Pillar: Agriculture & Agritech · Authority: Parliament of Canada / Canadian Food Inspection Agency (CFIA) · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/P-14.8/FullText.html
SHA-256 integrity: 08888bcced8716474a8a23491d605b992d3cdc7106065c29e253a0da74e57633
Primary Citations — 8 traced to source
- Plant Protection Act, S.C. 1990, c. 22, Section 2 - purpose: protect plant life and the agricultural and forestry sectors by preventing the importation, exportation and spread of pests and by controlling or eradicating pests in Canada.
- Plant Protection Act, Section 3 - definitions of pest, thing and plant.
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