Plant Protection Act (S.C. 1990, c. 22)

Act current to 2013-11-02 and last amended on 2005-12-12. Previous Versions

Marginal note:Where occupier or owner not found

 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.

Marginal note:Report to Minister
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Description of area of infested place

 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.

Marginal note:Prohibition or restriction supersedes

 A prohibition or restriction imposed by the Minister or an inspector supersedes any order of a local authority that is inconsistent with it.

Marginal note:Not a statutory instrument

 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.

ADMINISTRATION

Facilities

Marginal note:Designation of facilities

 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.