[精选]设备保护行动（PPT 55）25288.pptx

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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 thingsPURPOSE-s.2Purpose of the Act-s.22.The purpose of this Act is to protect plant life and the a

2、gricultural 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 existence of a thing

3、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 Act or the regulations,no

4、 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.6(2)(2)Where an inspector believ

5、es 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

6、 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.Permission to move under the Regulations 4.For t

7、he 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 Regulations5.(1)For the purposes of subsection 6(

8、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 inspector determines that the activity is for the purpose of s

9、cientific 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,handled,controlled and used in a manner that ensures a pest or biolog

10、ical 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 of,the owner or the person having the possession,care or control of

11、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 pest or ensures that the pest or biological obstacle to the control of a pest

12、 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 is or could be infested with a pest or that constitutes or could constitute a biologi

13、cal 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 re

14、gulations;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 shall be presented in such manner and under such conditions as the inspector considers necessary to c

15、arry 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 could constitute a biological obstacle to the control of a pest,declare that thing to an inspector or cu

16、stoms 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 presented for inspection and admittance to Canada:CONTROL OF PESTS-ss.5 to 10 Importation and Exportatio

17、n-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 this Act or the regulations,or(b)is a pest,is or could be infested with a pest or constitutes or could constitute a bio

18、logical 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.Notice-s.8(2)(2)A requirement under subsection(1)shall be communicated by personal delivery

19、 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.CONTROL OF PESTS-ss.5 to 10 Importation and Exportation-ss.7 to

20、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 forfeited 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)N

21、o 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)(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

22、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.CONTROL OF PESTS-ss.5 to 10 International Assistance-s.10Assistance in controlling or eradicating pests outside Canada-s.1010.The Minister may provide financial

23、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-ss.11 to 18Declaration of infested place-s.11(1)11.(1)Where an inspector suspects or determines t

24、hat 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.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 a

25、ll contiguous lands,buildings and other places occupied or owned by the occupier or owner,constitutes an infested 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 c

26、ould spread to any other land,building or place,the inspector may in writing declare that the other land,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

27、 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.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 contr

28、ol 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.Cessation of prohibition or restriction-s.13(2)(2

29、)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).Where occupier or owner not found-s.1414.Where an inspector canno

30、t,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.INFESTED PLACES-ss.11 to 18Report to Minister-s.15(1)15.(1

31、)An inspector who declares that a place is infested shall,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

32、 shall cease to be an infested place.Powers of Minister-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 per

33、iod 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 otherwis

34、e be prohibited by this section or section 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 sp

35、ecified in the declaration,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.No

36、t a statutory instrument-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

37、the circumstances 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 s

38、pecified 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 undertaking means(a

39、)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 other facility th

40、at 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 other facilities,including buil

41、dings,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)cause to be made such improvements as the Minis

42、ter 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 use or for the administration of this Act or the reg

43、ulations;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 other facility that is provided by an owner or operator pursu

44、ant 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

45、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.ADMINISTRATION-ss.19 to 36 Facilities-ss.19 to 20Notice-s.20(5)(5)

46、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.Arbitration-s

47、.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 Commercial Arbitration Act.Canada Labour Code-s.20(7)(7)Any area,office,laboratory or other

48、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 Governor in Council may make regulations for determining the adequacy of any area,office,laboratory or

49、 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 any thing that requires a Canadian Phytosanitary Certificate,Canadian Phytosanitary Certificate for Re-export

50、 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-ss.19 to 36 Inspectors-ss.21 to 23Designation of inspectors-s.21(1)21.(1)The President of the Canadian Food I