設(shè)備保護(hù)行動(dòng)

1、PLANT PROTECTION ACTAn Act to prevent the importation, exportation and spread of pests injurious to plants and to provide for their control and eradication and for the certification of plants and other things.PURPOSE - s. 2Purpose of the Act - s. 22. The purpose of this Act is to protect plant life

2、and the agricultural and forestry sectors of the Canadian economy by preventing the importation, exportation and spread of pests and by controlling or eradicating pests in Canada.CONTROL OF PESTS - ss. 5 to 10 General - ss. 5 to 6Duty to notify Minister - s. 55. Where a person becomes aware of the e

3、xistence 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.Prohibition - s. 6(1)6. (1) Except as permitted under this

4、 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 - s

5、. 6(2)(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 co

6、ntrol of it from moving it without the written authorization of an inspector.Notice - s. 6(3)(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.Pe

7、rmission to move under the Regulations 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.Prohibition exemptions under the

8、 Regulations5. (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 inspec

9、tor 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, handl

10、ed, 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

11、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 pes

12、t or ensures that the pest or biological obstacle to the control of a pest is non-viable.CONTROL OF PESTS - ss. 5 to 10 Importation and Exportation - ss. 7 to 9Presentation for inspection - s. 7(1)7. (1) No person shall import or admit into Canada or export from Canada any thing that is a pest, that

13、 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 thing is or has been presented to an inspector in accordance with subsection (2) at a place designated by the regulations or by an inspector;(b) the person has p

14、roduced to an inspector all permits, certificates and other documentation required by the regulations; and(c) the thing is imported or exported in accordance with any other requirements of the regulations.Manner of presentation for inspection - s. 7(2)(2) A thing that is required to be inspected sha

15、ll be presented in such manner and under such conditions as the inspector considers necessary to carry out the inspection.Import Requirements under the Regulations39. Every person shall, at the time of importation into Canada of any thing that is a pest, is or could be infested or constitutes or cou

16、ld constitute a biological obstacle to the control of a pest, declare that thing to an inspector or customs officer at a place of entry set out in subsection 40(1).40. (1) The Canadian customs offices and Agency offices at the following places are designated as places of entry where things shall be

17、presented for inspection and admittance to Canada:.CONTROL OF PESTS - ss. 5 to 10 Importation and Exportation - ss. 7 to 9Removal of imports - s. 8(1)8. (1) Where an inspector believes on reasonable grounds that a thing has been imported into Canada and that it(a) was imported in contravention of th

18、is Act or the regulations, or(b) 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, whether or not the thing is seized, require the owner of the thing or the person having the possession, care or control

19、 of it to remove it from Canada.Notice - s. 8(2)(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 thing, or by sending the notice to the owner or person, and the notice may specify the pe

20、riod within which or the manner in which the thing is to be removed.CONTROL OF PESTS - ss. 5 to 10 Importation and Exportation - ss. 7 to 9Forfeiture where non-compliance - s. 8(3)(3) Where a thing is not removed from Canada as required under this section, it shall, notwithstanding section 32, be fo

21、rfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.Prohibition of possession or disposition - s. 9(1)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 - s. 9(2)(

22、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.CON

23、TROL OF PESTS - ss. 5 to 10 International Assistance - s. 10Assistance in controlling or eradicating pests outside Canada - s. 1010. 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

24、 plants, or products or by-products of plants, in Canada.INFESTED PLACES - ss. 11 to 18Declaration of infested place - s. 11(1)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

25、 that the place is infested.Delivery of declaration - s. 11(2)(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

26、 place until the Minister determines otherwise.Further declaration - s. 12(1)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,

27、building or place is infested.Delivery of declaration - s. 12(2)(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

28、 occupier or owner, constitutes part of the infested place.INFESTED PLACES - ss. 11 to 18Interim powers of inspector - s. 13(1)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 perio

29、d 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 - s. 13(2)(2) A prohibition or restriction contained in a declaration under section 11 or

30、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).Where occupier or owner not found - s. 1414. Where an inspector cannot, after the exercise of due diligence, find the occupier or owner of

31、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.INFESTED PLACES - ss. 11 to 18Report to Minister - s. 15(1)15. (1) An inspector who declares that a place is infested shall,

32、 as soon as is practicable, send a report of the declaration to the Minister.Revocation of declaration - s. 15(2)(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 Mi

33、nister - s. 15(3)(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 dec

34、lared 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 s

35、ection 6.INFESTED PLACES - ss. 11 to 18Description of area of infested place - s. 1616. 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,

36、or by reference to any farm, county, district, municipality, province or any part thereof.Prohibition or restriction supersedes - s. 1717. A prohibition or restriction imposed by the Minister or an inspector supersedes any order of a local authority that is inconsistent with it.Not a statutory instr

37、ument - s. 1818. 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 circums

38、tances to bring any order under subsection 15(3) to the notice of persons likely to be affected by it.ADMINISTRATION - ss. 19 to 36 Facilities - ss. 19 to 20Designation of facilities - s. 1919. The Minister may designate areas, offices, laboratories or other facilities inside or outside Canada for a

39、 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.Definition of international transportation undertaking - s. 20(1)20. (1) For the purposes of this section, international transportation undertakin

40、g means(a) an undertaking that transports persons or things internationally;(b) an international road, railway, bridge or tunnel;(c) an airport that receives any aircraft operating on an international flight;(d) a port that receives any ship sailing on an international voyage; and(e) a warehouse or

41、other facility that receives any international air, water, rail or road traffic.Required facilities - s. 20(2)(2) The owner or operator of an international transportation undertaking shall, where required in writing by the Minister, provide and maintain adequate areas, offices, laboratories and othe

42、r facilities, including buildings, accommodation, equipment, furnishings and fixtures, for inspection or for any other purpose related to the administration of this Act or the regulations.ADMINISTRATION - ss. 19 to 36 Facilities - ss. 19 to 20Powers of Minister - s. 20(3)(3) The Minister may(a) caus

43、e to be made such improvements as the Minister considers desirable to any area, office, laboratory or other facility provided pursuant to subsection (2);(b) post, on or about the area, office, laboratory or other facility, any signs that the Minister considers appropriate for its operation or safe u

44、se or for the administration of this Act or the regulations; and(c) continue to use the area, office, laboratory or other facility for as long as the Minister requires it for the administration of this Act or the regulations.Construction or repairs - s. 20(4)(4) Where an area, office, laboratory or

45、other facility that is provided by an owner or operator pursuant to subsection (2) is not adequate for the purposes mentioned in that subsection, the Minister may require the owner or operator to carry out any construction or repairs in order to render the area, office, laboratory or other facility

46、adequate for those purposes, and if the owner or operator fails to do so, the Minister may cause the construction or repairs to be carried out and the owner or operator shall be liable for all reasonable costs incurred by the Minister and those costs may be recovered by Her Majesty in right of Canad

47、a.ADMINISTRATION - ss. 19 to 36 Facilities - ss. 19 to 20Notice - s. 20(5)(5) A requirement under subsection (4) shall be communicated by personal delivery of a notice to the owner or operator or by sending the notice to the owner or operator, and the notice may specify the period within which or th

48、e manner in which the construction or repairs are to be carried out.Arbitration - s. 20(6)(6) Subject to subsection (7) and any regulations made under subsection (8), a dispute over the adequacy of any area, office, laboratory or other facility may be resolved by arbitration in accordance with the C

49、ommercial Arbitration Act.Canada Labour Code - s. 20(7)(7) Any area, office, laboratory or other facility that fails to meet the applicable requirements of Part II of the Canada Labour Code shall be deemed to be not adequate for the purposes mentioned in subsection (2).Regulations - s. 20(8)(8) The

50、Governor in Council may make regulations for determining the adequacy of any area, office, laboratory or other facility for the purposes mentioned in subsection (2).Regulations under subsection (8)(3) An inspector may inspect a facility or conveyance used for any activity undertaken in respect of an

51、y thing that requires a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other phytosanitary document and any inspector may require the owner or person having the possession, care or control of the facility or conveyance to treat or clean it.ADMINISTRATION

52、- ss. 19 to 36 Inspectors - ss. 21 to 23Designation of inspectors - s. 21(1)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.Certificate to be produced - s. 21(2)(2) Inspecto

53、rs shall be given certificates in a form established by the President of the Canadian Food Inspection Agency 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 insp

54、ectors designation.Inspectors may exercise Ministers powers - s. 22(1)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 s

55、ubsection 15(3).Powers concerning movement and loading - s. 22(2)(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 loadi

56、ng, 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.ADMINISTRATION - ss. 19 to 36 Inspectors - ss. 21 to 23Impeding inspector - s. 23(1)23. (1) No person shall obstruct or hinder or make any f

57、alse 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 - s. 23(2)(2) The owner or the person in charge of a place entered by an inspector under section 25 and every person found in the

58、place shall(a) give the inspector all reasonable assistance in the owners or persons 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 th

59、e inspector may reasonably require.Assistance of peace officer - s. 23(3)(3) A peace officer shall provide such assistance as an inspector may request for the purpose of enforcing this Act or the regulations.ADMINISTRATION - ss. 19 to 36 Seals - s. 24Broken seal - s. 24(1)24. (1) Where a seal or oth

60、er 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 s