Plant Protection Act

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Sections310

• 1Short title

  This Act may be cited as the Plant Protection Act.

• 2Purpose of the Act

  The purpose of this Act is to protect plant life 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.

• 3Definitions

  In this Act,

• 3[p3]

  Assessor means the Assessor or any Deputy Assessor appointed under Part II of the Pesticide Residue Compensation Act; (évaluateur)

• 3[p4]

  conveyance means any aircraft, carriage, motor vehicle, trailer, railway car, vessel, cargo container or other contrivance used to move persons or things; (véhicule)

• 3[p5]

  dispose includes destroy; (Version anglaise seulement)

• 3[p6]

  document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked; (document)

• 3[p7]

  inspector means a person designated as an inspector pursuant to section 21; (inspecteur)

• 3[p8]

  justice means a justice as defined in section 2 of the Criminal Code; (juge de paix)

• 3[p9]

  Minister means the Minister of Agriculture and Agri-Food; (ministre)

• 3[p10]

  peace officer means a peace officer as defined in section 2 of the Criminal Code; (agent de la paix)

• 3[p11]

  penalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; (sanction)

• 3[p12]

  pest means any thing that is injurious or potentially injurious, whether directly or indirectly, to plants or to products or by-products of plants; (parasite)

• 3[p13]

  place includes a conveyance; (lieu)

• 3[p14]

  plant includes a part of a plant; (végétal)

• 3[p15]

  prescribed means prescribed by regulation; (Version anglaise seulement)

• 3[p16]

  thing includes a plant and a pest; (choses)

• 3[p17]

  Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; (Commission)

• 3[p18]

  violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:

• 3[p18](a)

  any contravention of any provision of this Act or of a regulation made under this Act,

• 3[p18](b)

  any contravention of any order made by the Minister under this Act, and

• 3[p18](c)

  any refusal or neglect to perform any duty imposed by or under this Act. (violation)

• 4Binding on Her Majesty

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

• 5Duty to notify Minister

  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.

• 6Prohibition
• 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.

• 6(2)Prohibition of movement

  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.

• 6(3)Notice

  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.

• 6.1Recall order — Canadian Food Inspection Agency Act

  No person shall sell a thing regulated under this Act that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act.

• 7Prohibition

  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

• 7(a)

  the person has produced to an inspector all permits, certificates and other documentation required by the regulations;

• 7(b)

  the thing is or has been presented to an inspector — if required by the regulations or an inspector — in the manner and under the conditions specified by the inspector and at a place designated by the regulations or an inspector; and

• 7(c)

  the thing is imported or exported in accordance with any other requirements of the regulations.

• 8Removal or destruction of unlawful imports
• 8(1)

  An inspector who has reasonable grounds to believe that an imported thing has been imported in contravention of a provision of this Act or the regulations, 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 or that a requirement imposed by or under the regulations in respect of an imported thing has not been met may, by notice, whether the thing is seized or not, order its owner or importer or the person having possession, care or control of it to remove it from Canada or, if removal is not possible, to destroy it.

• 8(2)Notice

  The notice must either be delivered personally to the owner or importer of the thing or to the person having possession, care or control of it or be sent by registered mail to the owner’s, importer’s or person’s address in Canada.

• 8(3)Forfeiture

  If the thing is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period was specified, within 90 days after the day on which the notice was delivered or sent — it is, despite subsection 32(1), forfeited to Her Majesty in right of Canada and may be disposed of as the Minister may direct.

• 8(4)Suspension of application of subsection (3)

  An inspector may, for a period that he or she specifies, suspend the application of subsection (3) if he or she is satisfied that

• 8(4)(a)

  harm to human, animal or plant health or the environment is unlikely to result;

• 8(4)(b)

  the thing will not be sold within that period;

• 8(4)(c)

  the measures that should have been taken for the thing not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and

• 8(4)(d)

  if the thing does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.

• 8(5)Cancellation

  An inspector may cancel the notice if he or she is satisfied that

• 8(5)(a)

  harm to human, animal or plant health or the environment is unlikely to result;

• 8(5)(b)

  the thing has not been sold within the period referred to in subsection (6);

• 8(5)(c)

  the measures referred to in paragraph (4)(c) were taken within that period; and

• 8(5)(d)

  if the thing did not meet the requirements of the regulations when it was imported, it was brought into compliance with the regulations within that period.

• 8(6)Period

  The period for the purposes of subsection (5) is

• 8(6)(a)

  if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and

• 8(6)(b)

  if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period that ends 90 days after the day on which the notice was delivered or sent.

• 9Prohibition 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.

• 9(2)Presumption

  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.

• 10Assistance in controlling or eradicating pests outside Canada

  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.

• 11Declaration 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.

• 11(2)Delivery of declaration

  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.

• 12Further 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.

• 12(2)Delivery of declaration

  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.

• 13Interim 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.

• 13(2)Cessation of prohibition or restriction

  A prohibition or restriction contained in a declaration under section 11 or 12 ceases to have effect where

• 13(2)(a)

  the inspector rescinds the prohibition or restriction; or

• 13(2)(b)

  the declaration is revoked by the Minister under subsection 15(2).

• 14Where 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.

• 15Report to Minister
• 15(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.

• 15(2)Revocation of declaration

  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.

• 15(3)Powers of Minister

  The Minister may, by order,

• 15(3)(a)

  declare any place to be infested that is not already the subject of a declaration under section 11 or 12;

• 15(3)(b)

  determine and subsequently vary the area of any place that is declared infested;

• 15(3)(c)

  extend the period of any prohibition or restriction declared by an inspector under subsection 13(1);

• 15(3)(d)

  prohibit or restrict the movement of persons and things within, into or out of any place that is declared infested; and

• 15(3)(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.

• 16Description 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.

• 17Prohibition 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.

• 18Not 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.

• 19Designation 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.

• 20Definition of international transportation undertaking
• 20(1)

  For the purposes of this section, international transportation undertaking means

• 20(1)(a)

  an undertaking that transports persons or things internationally;

• 20(1)(b)

  an international road, railway, bridge or tunnel;

• 20(1)(c)

  an airport that receives any aircraft operating on an international flight;

• 20(1)(d)

  a port that receives any ship sailing on an international voyage; and

• 20(1)(e)

  a warehouse or other facility that receives any international air, water, rail or road traffic.

• 20(2)Required facilities

  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 other 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.

• 20(3)Powers of Minister

  The Minister may

• 20(3)(a)

  cause to be made such improvements as the Minister considers desirable to any area, office, laboratory or other facility provided pursuant to subsection (2);

• 20(3)(b)

  post, on or about the area, office, laboratory or other facility, any signs that the Minister considers appropriate for its operation or safe use or for the administration of this Act or the regulations; and

• 20(3)(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.

• 20(4)Construction or repairs

  Where an area, office, laboratory or 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 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 Canada.

• 20(5)Notice

  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 the manner in which the construction or repairs are to be carried out.

• 20(6)Arbitration

  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 Commercial Arbitration Act.

• 20(7)Canada Labour Code

  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).

• 20(8)Regulations

  The 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).

• 21Designation of inspectors
• 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.

• 21(1.1)Designation

  The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act.

• 21(2)Certificate to be produced

  Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, 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 inspector’s designation.

• 22Inspectors may exercise Minister’s powers
• 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 subsection 15(3).

• 22(2)Powers concerning movement and loading

  For the purpose of determining whether a conveyance or other thing is free of any pest, an inspector may

• 22(2)(a)

  permit or require the conveyance or other thing to be moved or prohibit its movement; or

• 22(2)(b)

  prohibit or interrupt the loading, 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.

• 23Impeding inspector
• 23(1)

  No person shall obstruct or hinder or make any false or misleading statement either orally or in writing to an inspector who is performing duties or functions under this Act or the regulations.

• 23(2)Assistance to inspectors

  The owner or the person in charge of a place entered by an inspector under section 25 and every person found in the place shall

• 23(2)(a)

  give the inspector all reasonable assistance in the owner’s or person’s power to enable the inspector to perform duties and functions under this Act or the regulations; and

• 23(2)(b)

  furnish the inspector with such information relevant to the administration of this Act or the regulations as the inspector may reasonably require.

• 23(3)Assistance of peace officer

  A peace officer shall provide such assistance as an inspector may request for the purpose of enforcing this Act or the regulations.

• 23.1Provision of documents, information or samples
• 23.1(1)

  An inspector may, for the purpose of detecting pests or for a purpose related to verifying compliance or preventing non-compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

• 23.1(2)Duty to provide document, information or sample

  A person who is ordered by an inspector to provide a document, information or a sample has a duty to do so on the specified date, at the specified time and place and in the specified manner.

• 24Broken seal
• 24(1)

  Where a seal or other 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 stored, treated, placed in quarantine, disposed of or moved as the inspector may direct.

• 24(2)Notice

  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 conveyance or other 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 conveyance or other thing is to be stored, treated, quarantined, disposed of or moved.

• 25Inspection
• 25(1)

  For the purpose of detecting pests or for a purpose related to verifying compliance or preventing non-compliance with this Act, an inspector may

• 25(1)(a)

  subject to section 26, at any reasonable time, enter and inspect any place, or stop any conveyance, in which the inspector believes on reasonable grounds there is any thing in respect of which this Act or the regulations apply;

• 25(1)(b)

  open any receptacle, baggage, package, cage or other thing that the inspector believes on reasonable grounds contains any thing in respect of which this Act or the regulations apply;

• 25(1)(c)

  examine any thing in respect of which this Act or the regulations apply and take samples of it;

• 25(1)(d)

  require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act or the regulations; and

• 25(1)(e)

  conduct any tests or analyses or take any measurements.

• 25(2)Operation of data processing and copying equipment

  In carrying out an inspection at any place under this section, an inspector may

• 25(2)(a)

  use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

• 25(2)(b)

  reproduce any document or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and

• 25(2)(c)

  use or cause to be used any copying equipment at the place to make copies of any record or other document.

• 26Warrant required to enter dwelling-place
• 26(1)

  An inspector may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or under the authority of a warrant.

• 26(2)Authority to issue warrant

  Where on ex parte application a justice is satisfied by information on oath that the justice may at any time sign and issue a warrant authorizing the inspector named in the warrant to enter the dwelling-place, subject to any conditions that may be specified in the warrant.

• 26(2)(a)

  the conditions for entry described in section 25 exist in relation to a dwelling-place,

• 26(2)(b)

  entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations, and

• 26(2)(c)

  entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,

• 26(3)Use of force

  The inspector who executes a warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• 27Seizure

  Where an inspector believes on reasonable grounds that a violation, or an offence under this Act, has been committed, the inspector may seize and detain any thing

• 27(a)

  by means of or in relation to which the inspector believes on reasonable grounds the violation or offence was committed; or

• 27(b)

  that the inspector believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.

• 28Warrant
• 28(1)

  Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place any thing the justice may at any time sign and issue a warrant authorizing the inspector named in the warrant to enter and search the place for the thing and, subject to any conditions that may be specified in the warrant, to seize and detain it.

• 28(1)(a)

  by means of or in relation to which a violation, or an offence under this Act, has been committed or is suspected of having been committed, or

• 28(1)(b)

  that there are reasonable grounds to believe will afford evidence in respect of the commission of a violation or an offence under this Act,

• 28(2)Search and seizure powers

  The inspector who executes a warrant may exercise the powers described in section 25 and may seize and detain, in addition to any thing mentioned in the warrant, any other thing

• 28(2)(a)

  by means of or in relation to which the inspector believes on reasonable grounds a violation, or an offence under this Act, has been committed; or

• 28(2)(b)

  that the inspector believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.

• 28(3)Execution of search warrant

  A warrant shall be executed by day unless the justice authorizes its execution by night.

• 28(4)Where warrant not necessary

  An inspector may exercise any of the powers referred to in subsections (1) and (2) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.

• 29Notice of reason for seizure

  An inspector who seizes and detains a thing under this Act shall, as soon as is practicable, advise the owner of the thing or the person having the possession, care or control of it at the time of its seizure of the reason for the seizure.

• 30Storage, removal, etc.
• 30(1)

  An inspector who seizes and detains a thing under this Act, or any person designated by the inspector, may

• 30(1)(a)

  store, treat, quarantine or dispose of the thing at the place where it was seized or move it to any other place for storage, treatment, quarantine or disposition; or

• 30(1)(b)

  require its owner or the person having the possession, care or control of it at the time of its seizure to store, treat, quarantine or dispose of it or move it to any other place and store, treat, quarantine or dispose of it.

• 30(2)Notice

  A requirement under paragraph (1)(b) 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 moved, stored, treated, quarantined or disposed of.

• 30(3)Proceeds

  An inspector who seizes and detains a thing under this Act may dispose of it and any proceeds realized from its disposition shall be paid to the Receiver General.

• 31Interference with seized things

  Except as authorized in writing by an inspector, no person shall remove, alter or interfere in any way with a thing that is seized and detained under this Act.

• 32Release of seized thing
• 32(1)

  If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a thing seized under this Act have been complied with, the thing must be released.

• 32(2)Application for return

  If proceedings are instituted in relation to a thing seized under this Act and it has not been disposed of or forfeited under this Act, the owner of the thing or the person having the possession, care or control of it at the time of its seizure may apply for an order that it be returned. The application may be made, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held.

• 32(3)Order

  The Tribunal or court, as the case may be, may order that the thing be returned to the applicant, subject to such conditions as the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, where the Tribunal or court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the thing and that it is not a pest, is not infested with a pest and does not constitute a biological obstacle to the control of a pest.

• 33Forfeiture
• 33(1)

  Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, on its own motion or at the request of any party to the proceedings, in addition to any penalty or punishment imposed, order that any thing by means of or in relation to which the violation or offence was committed, or any proceeds realized from its disposition, be forfeited to Her Majesty in right of Canada.

• 33(2)Forfeiture without conviction

  Where the owner of a thing that is seized and detained under this Act consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister may direct.

• 34Disposal of forfeited things
• 34(1)

  If the Tribunal or the court, as the case may be, orders the forfeiture of a thing under subsection 33(1), the thing shall be disposed of as the Minister may direct.

• 34(2)Return of seized things where no forfeiture ordered

  Where the Tribunal or court, as the case may be, does not order the forfeiture of a thing, it or any proceeds realized from its disposition shall be returned to the owner of the thing or the person having the possession, care or control of it at the time of its seizure.

• 34(3)Exception

  Where the Tribunal decides that the owner of a thing or the person having the possession, care or control of it at the time of its seizure has committed a violation, or the owner of a thing or the person having the possession, care or control of it at the time of its seizure is convicted of an offence under this Act, and a penalty or fine, as the case may be, is imposed,

• 34(3)(a)

  the thing may be detained until the penalty or fine is paid;

• 34(3)(b)

  the thing may be sold under execution in satisfaction of the penalty or fine; or

• 34(3)(c)

  any proceeds realized from its disposition under paragraph (b) or subsection 30(3) may be applied in payment of the penalty or fine.

• 35Confiscation
• 35(1)

  An inspector may confiscate and dispose of any thing that the inspector believes on reasonable grounds 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.

• 35(2)Notice of reason for confiscation

  An inspector who confiscates a thing shall, as soon as is practicable, advise the owner of the thing or the person having the possession, care or control of it at the time of its confiscation of the reason for the confiscation.

• 36Storage and movement
• 36(1)

  A confiscated thing may be stored at the place where it was confiscated until it is disposed of, or may, at the inspector’s discretion, be moved to any other place for storage or disposition.

• 36(2)Disposition

  An inspector may take such action as the inspector considers appropriate in relation to a confiscated thing or may require the owner of a confiscated thing or the person having the possession, care or control of it at the time of its confiscation to take any action the inspector considers appropriate in relation to the confiscated thing.

• 36(3)Notice

  A requirement under subsection (2) 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 any action shall be taken by the owner or person.

• 36.1Altering, destroying or falsifying required documents
• 36.1(1)

  No person shall alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.

• 36.1(2)Altering, possessing, etc., official documents

  No person shall

• 36.1(2)(a)

  alter a document issued or made — or in any manner given — under this Act;

• 36.1(2)(b)

  have in their possession or use a document issued or made — or in any manner given — under this Act that has been altered; or

• 36.1(2)(c)

  use any document issued or made — or in any manner given — under this Act for a purpose or in respect of a thing, other than the purpose or thing for which the document was issued, made or given.

• 36.2Possessing or using documents that resemble official documents

  No person shall have in their possession or use any document that has not been issued or made — or in any manner given — under this Act if it so closely resembles a document that has been so issued, made or given that it is likely to be mistaken for it.

• 36.3Altering, destroying or falsifying mark, label, tag or seal
• 36.3(1)

  No person shall alter, destroy or falsify a mark, label, tag or seal required under this Act.

• 36.3(2)Possessing or using mark, label, tag or seal

  No person shall

• 36.3(2)(a)

  have in their possession or use a mark, label, tag or seal required under this Act that has been altered or falsified; or

• 36.3(2)(b)

  use a mark, label, tag or seal required under this Act for a purpose or in respect of a thing, other than a purpose or a thing provided for in the regulations.

• 36.4Possessing or using misleading mark, label, tag, seal or device

  No person shall have in their possession or use

• 36.4(a)

  any mark, label, tag or seal that so closely resembles one required under this Act that it is likely to be mistaken for it; or

• 36.4(b)

  any device that is designed or adapted to create a mark that so closely resembles a mark required under this Act that it is likely to be mistaken for it.

• 37Disposition of samples
• 37(1)

  A sample taken under this Act or the regulations may be disposed of in such manner as the Minister considers appropriate.

• 37(2)Her Majesty not liable

  Her Majesty is not liable for any costs, loss or damage resulting from the taking or disposition of a sample under this Act or the regulations.

• 38Her Majesty not liable

  If a person must, under this Act, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable

• 38(a)

  for any costs, loss or damage resulting from the compliance; or

• 38(b)

  to pay any fee, including any rent or charge, for what is done or permitted to be done.

• 38.1No liability

  No person who exercises powers or performs duties or functions under this Act is liable in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.

• 39Compensation for treatment, etc.
• 39(1)

  The Minister may, in accordance with the regulations, order compensation to be paid from the Consolidated Revenue Fund in respect of