Marginal note: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.

• Marginal note: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.

International Assistance

Marginal note: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.

INFESTED PLACES

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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).