HER MAJESTY

Marginal note:Binding on Her Majesty

4. This Act is binding on Her Majesty in right of Canada or a province.

CONTROL OF PESTS

General

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Importation and Exportation

Marginal note:Presentation for inspection

• 7. (1) 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 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 produced 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.

• Marginal note:Manner of presentation for inspection

  (2) A thing that is required to be inspected shall be presented in such manner and under such conditions as the inspector considers necessary to carry out the inspection.

Marginal note:Removal of imports

• 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 this 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 of it to remove it from Canada.

• Marginal note: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 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 removed.

• Marginal note:Forfeiture where non-compliance

  (3) Where a thing is not removed from Canada as required under this section, it shall, notwithstanding section 32, be forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.