Add per-section in-force dates and repealed-provision flagging (Phase 3)
Browse filesTwo pure-metadata additions to the legislation chunks; no chunk boundaries,
ids, or embed_text() inputs change, so the existing embeddings stay valid
(no re-embed) and retrieval ranking is unchanged.
ingest.py parse_legislation now records, per section:
- in_force: the section's lims:inforce-start-date (present on 100% of
sections) -- more granular than the Act-wide current_to, e.g. a 2023
provision in an Act current to 2026.
- status: "repealed" when the section's own <Text> is a <Repealed> marker
(keyed on direct Text/Repealed, so a live section with a repealed
subsection is NOT mis-flagged). 1,169 wholly-repealed sections across the
corpus were previously served as if live law (221 in the Criminal Code
alone).
server.py _format_section now:
- prepends an unmistakable "⚠ REPEALED — no longer in force" notice for
status=repealed, so the model warns instead of presenting the stub as law;
- adds "this provision in force since <date>" to the currency line for live
sections that carry an in-force date.
Re-ingested all 41 instruments from cached XML (no re-download); chunk id set
verified identical to before and fully aligned with embeddings.npz. 4 new
offline ingest tests (in-force capture; repeal flagging incl. the
subsection-not-section case); 51 tests pass.
Deferred (Phase 3 sub-item): sub-chunking very long sections. Only ~6% of
chunks exceed 3000 chars, it changes chunk boundaries (eval-regression risk),
and it warrants its own eval-gated cycle -- not bundled here.
Co-Authored-By: Claude Opus 4.7 <noreply@anthropic.com>
- canlex/ingest.py +11 -0
- canlex/server.py +9 -0
- data/processed/A-8.8.json +94 -0
- data/processed/C-1.4.json +296 -0
- data/processed/C-24.5.json +0 -0
- data/processed/C-29.json +0 -0
- data/processed/C-38.8.json +0 -0
- data/processed/C-46.json +0 -0
- data/processed/C-52.6.json +0 -0
- data/processed/C-54.011.json +0 -0
- data/processed/C.R.C.,_c._1041.json +0 -0
- data/processed/C.R.C.,_c._296.json +0 -0
- data/processed/C.R.C.,_c._870.json +0 -0
- data/processed/E-19.json +120 -0
- data/processed/F-11.6.json +0 -0
- data/processed/F-27.json +0 -0
- data/processed/H-3.3.json +0 -0
- data/processed/I-2.5.json +0 -0
- data/processed/L-2.json +0 -0
- data/processed/P-14.8.json +140 -0
- data/processed/P-21.json +0 -0
- data/processed/P-24.501.json +0 -0
- data/processed/P-33.01.json +0 -0
- data/processed/P-33.3.json +0 -0
- data/processed/P-33.35.json +84 -0
- data/processed/P-36.json +0 -0
- data/processed/Q-1.1.json +180 -0
- data/processed/S-15.json +0 -0
- data/processed/S-6.9.json +24 -0
- data/processed/S-8.35.json +0 -0
- data/processed/SOR-2000-217.json +0 -0
- data/processed/SOR-2002-227.json +0 -0
- data/processed/SOR-2002-229.json +104 -0
- data/processed/SOR-2002-359.json +0 -0
- data/processed/SOR-2002-412.json +44 -0
- data/processed/SOR-2012-230.json +58 -0
- data/processed/SOR-2012-256.json +0 -0
- data/processed/SOR-2012-257.json +0 -0
- data/processed/SOR-2018-108.json +0 -0
- data/processed/SOR-2018-144.json +0 -0
- data/processed/SOR-95-212.json +122 -0
- data/processed/SOR-97-229.json +6 -0
- data/processed/SOR-97-234.json +60 -0
- tests/test_ingest.py +67 -0
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@@ -131,6 +131,15 @@ def parse_legislation(xml_path, code):
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if v.upper().startswith("DIVISION")), "")
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nearest = headings[max(headings)] if headings else ""
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chunks.append({
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"id": chunk_id,
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"act_code": code,
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@@ -144,6 +153,8 @@ def parse_legislation(xml_path, code):
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"text": body_text,
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"history": _history(el),
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"last_amended": el.get(f"{LIMS}lastAmendedDate", ""),
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"current_to": current_to,
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"citation": citation,
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"source_url": source_url,
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if v.upper().startswith("DIVISION")), "")
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nearest = headings[max(headings)] if headings else ""
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+
# Per-section coming-into-force date (lims:inforce-start-date is present
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+
# on every section) and repeal status. A wholly-repealed section is a
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+
# <Section> whose own <Text> is a <Repealed> marker (e.g. "[Repealed,
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+
# 2018, c. 27, s. 174]"); a live section with a repealed subsection has
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+
# the <Repealed> nested deeper, so we key on the direct Text/Repealed to
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+
# flag only sections that are themselves no longer law.
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+
in_force = el.get(f"{LIMS}inforce-start-date", "")
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status = "repealed" if el.find("Text/Repealed") is not None else "in force"
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+
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chunks.append({
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"id": chunk_id,
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"act_code": code,
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"text": body_text,
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"history": _history(el),
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"last_amended": el.get(f"{LIMS}lastAmendedDate", ""),
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+
"in_force": in_force,
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"status": status,
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"current_to": current_to,
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"citation": citation,
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"source_url": source_url,
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@@ -123,8 +123,17 @@ def _format_section(c: dict, related=None) -> str:
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"which prevail in any discrepancy; quote the booklet for "
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"what it says but flag that the plan rules control._")
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lines.append(f"(booklet edition: {c['current_to'] or 'n/a'})")
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else:
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meta = [f"in force; text current to {c['current_to'] or 'n/a'}"]
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if c["last_amended"]:
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meta.append(f"last amended {c['last_amended']}")
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lines.append(f"**Currency:** {'; '.join(meta)}. Does not reflect any "
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"which prevail in any discrepancy; quote the booklet for "
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"what it says but flag that the plan rules control._")
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lines.append(f"(booklet edition: {c['current_to'] or 'n/a'})")
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+
elif c.get("status") == "repealed":
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+
# A repealed provision is no longer law; say so unmistakably so the
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# model never presents the (near-empty) stub as if it were in force.
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lines.append("_**⚠ REPEALED — this provision is no longer in force.** "
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"The repeal citation is in the text below; do not rely on "
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"it as current law, and tell the reader it has been "
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f"repealed._ (text current to {c['current_to'] or 'n/a'})")
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else:
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meta = [f"in force; text current to {c['current_to'] or 'n/a'}"]
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+
if c.get("in_force"):
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meta.append(f"this provision in force since {c['in_force']}")
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if c["last_amended"]:
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meta.append(f"last amended {c['last_amended']}")
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lines.append(f"**Currency:** {'; '.join(meta)}. Does not reflect any "
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@@ -12,6 +12,8 @@
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"text": "1 This Act may be cited as the Agriculture and Agri-Food Administrative Monetary Penalties Act.",
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"history": "",
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"last_amended": "2002-12-31",
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"current_to": "2022-03-22",
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"citation": "AAAMPA, s. 1",
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"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-1.html"
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@@ -29,6 +31,8 @@
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"text": "2 In this Act,\nagri-food Act means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act; (loi agroalimentaire)\nMinister means the Minister of Agriculture and Agri-Food, except that\n(a) it means the Minister of Health in relation to a violation involving a contravention of\n(i) the Pest Control Products Act, or\n(ii) a provision relating to food safety of an agri-food Act or of a regulation made under such an Act, and\n(b) it means the Minister of Public Safety and Emergency Preparedness in relation to a notice of violation issued in respect of the contravention of program legislation referred to in subsection 11(5) of the Canadian Food Inspection Agency Act; (ministre)\npenalty means an administrative monetary penalty imposed under this Act for a violation; (sanction)\nprescribed means prescribed by regulation; (Version anglaise seulement)\nTribunal means the Review Tribunal continued by subsection 27(1); (Commission)",
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"history": "1995, c. 40, s. 2; 1997, c. 21, s. 30; 2002, c. 28, s. 82; 2005, c. 38, ss. 30, 145; 2012, c. 24, s. 98; 2015, c. 2, s. 113",
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"last_amended": "2019-01-15",
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"current_to": "2022-03-22",
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"citation": "AAAMPA, s. 2",
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"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-2.html"
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@@ -46,6 +50,8 @@
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"text": "3 The purpose of this Act is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient administrative monetary penalty system for the enforcement of the agri-food Acts.",
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"history": "",
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"last_amended": "2002-12-31",
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"current_to": "2022-03-22",
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"citation": "AAAMPA, s. 3",
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"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-3.html"
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@@ -63,6 +69,8 @@
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"text": "4\n(1) The Minister may make regulations\n(a) designating as a violation that may be proceeded with in accordance with this Act\n(i) the contravention of any specified provision of an agri-food Act or of a regulation made under an agri-food Act,\n(ii) the contravention of any specified order, or class of orders, made by the Minister under the Plant Protection Act, or\n(iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act;\nif the contravention, or the failure or neglect to perform the duty, as the case may be, is an offence under an agri-food Act;\n(b) classifying each violation as a minor violation, a serious violation or a very serious violation;\n(b.1) establishing, in respect of each violation, a short-form description to be used in notices of violation;\n(c) fixing a penalty, or a range of penalties, in respect of each violation;\n(d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including the reduction of a penalty pursuant to a compliance agreement under subsection 10(1);\n(e) respecting the determination of a lesser amount that may be paid in complete satisfaction of a penalty if paid within the prescribed time and manner;\n(f) respecting the circumstances under which reviews under this Act by the Tribunal shall be oral or in writing;\n(g) respecting the service of documents required or authorized to be served under this Act including, without restricting the generality of the foregoing, the manner of serving such documents, the proof of their service and the circumstances under which such documents shall be deemed to have been served;\n(h) prescribing anything that by this Act is to be prescribed; and\n(i) generally, for carrying out the purposes and provisions of this Act.\n(2) [Maximum penalties] The maximum penalty for a violation is\n(a) in the case of a violation that is committed by an individual otherwise than in the course of a business and that is not committed to obtain a financial benefit, $2,000; and\n(b) in any other case, $5,000 for a minor violation, $15,000 for a serious violation and $25,000 for a very serious violation.\n(3) [Criteria] Without restricting the generality of paragraph (1)(d), in making regulations respecting the criteria for increasing or reducing the amount of the penalty for a violation, the Minister shall include the following in any such criteria:\n(a) the degree of intention or negligence on the part of the person who committed the violation;\n(b) the harm done by the violation; and\n(c) the history of the person who committed the violation of prior violations or convictions under agri-food Acts within the five year period immediately before the violation.",
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"history": "1995, c. 40, s. 4; 2012, c. 24, s. 99; 2015, c. 2, s. 114; 2016, c. 9, ss. 70, 72",
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"last_amended": "2019-01-15",
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"current_to": "2022-03-22",
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"citation": "AAAMPA, s. 4",
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"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-4.html"
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@@ -80,6 +88,8 @@
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"text": "5 Where any act or omission can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that act or omission as a violation or recommend that it be proceeded with as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.",
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"history": "",
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"last_amended": "2002-12-31",
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"current_to": "2022-03-22",
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"citation": "AAAMPA, s. 5",
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"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-5.html"
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@@ -97,6 +107,8 @@
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"text": "6 The Minister may designate persons, or classes of persons, who are authorized to issue notices of violation.",
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"history": "1995, c. 40, s. 6; 2015, c. 2, s. 115",
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"last_amended": "2015-02-27",
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"current_to": "2022-03-22",
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"citation": "AAAMPA, s. 6",
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"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-6.html"
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@@ -114,6 +126,8 @@
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"text": "7\n(1) Every person who\n(a) contravenes any provision of an agri-food Act or of a regulation made under an agri-food Act,\n(b) contravenes any order made by the Minister under the Plant Protection Act, or\n(c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act\nthe contravention of which, or the refusal or neglect of which, is designated to be a violation by a regulation made under paragraph 4(1)(a) commits a violation and is liable to a warning or to a penalty in accordance with this Act.\n(2) [Issuance of notice of violation] If a person designated under section 6 has reasonable grounds to believe that a person has committed a violation, the designated person may issue, and shall cause to be served on the person, a notice of violation that names the person, identifies the violation and\n(a) contains a warning that the person has committed a violation; or\n(b) sets out\n(i) the penalty, established in accordance with the regulations, for the violation that the person is liable to pay,\n(ii) particulars concerning the time for paying and the manner of paying the penalty, and\n(iii) subject to the regulations, a lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice.\n(3) [Summary of rights] A notice of violation must clearly summarize, in plain language, the rights and obligations under this Act of the person on whom it is served, including the right to have the facts of the violation reviewed by the Minister or the Tribunal, and the procedure for requesting such a review.",
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"history": "1995, c. 40, s. 7; 2012, c. 24, s. 100(E); 2015, c. 2, s. 116(E); 2016, c. 9, ss. 71(E), 72(E)",
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"last_amended": "2019-01-15",
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| 117 |
"current_to": "2022-03-22",
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"citation": "AAAMPA, s. 7",
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"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-7.html"
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@@ -131,6 +145,8 @@
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"text": "8\n(1) Where a notice of violation contains a warning, the person named in the notice may, in the prescribed time and manner, request a review of the facts of the violation by the Minister or the Tribunal.\n(2) [Deeming] Where a person who is served with a notice of violation that contains a warning does not request a review under subsection (1) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice of violation.",
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"history": "",
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"last_amended": "2002-12-31",
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"current_to": "2022-03-22",
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"citation": "AAAMPA, s. 8",
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"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-8.html"
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@@ -148,6 +164,8 @@
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"text": "9\n(1) Where a notice of violation sets out a penalty and the person named in the notice pays, in the prescribed time and manner, the amount of the penalty or, subject to the regulations, the lesser amount set out in the notice that may be paid in lieu of the penalty,\n(a) the person is deemed to have committed the violation in respect of which the amount is paid;\n(b) the Minister shall accept that amount as and in complete satisfaction of the penalty; and\n(c) the proceedings commenced in respect of the violation under section 7 are ended.\n(2) [Alternatives to payment] Instead of paying the penalty set out in a notice of violation or, where applicable, the lesser amount that may be paid in lieu of the penalty, the person named in the notice may, in the prescribed time and manner,\n(a) if the penalty is $2,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the agri-food Act or regulation to which the violation relates;\n(b) request a review by the Minister of the facts of the violation; or\n(c) request a review by the Tribunal of the facts of the violation.\n(3) [Deeming] Where a person who is served with a notice of violation that sets out a penalty does not pay the penalty in the prescribed time and manner or, where applicable, the lesser amount that may be paid in lieu of the penalty, and does not exercise any right referred to in subsection (2) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice.",
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"history": "",
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"last_amended": "2002-12-31",
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"current_to": "2022-03-22",
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"citation": "AAAMPA, s. 9",
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| 153 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-9.html"
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@@ -165,6 +183,8 @@
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"text": "10\n(1) After considering a request under paragraph 9(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on such terms and conditions as are satisfactory to the Minister, which terms may\n(a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and\n(b) provide for the reduction, in whole or in part, of the penalty for the violation.\n(2) [Deeming] A person who makes a request under paragraph 9(2)(a) and who enters into a compliance agreement with the Minister shall, on entering into the compliance agreement, be deemed to have committed the violation in respect of which the compliance agreement was entered into.\n(3) [Where compliance agreement complied with] Where the Minister is satisfied that a person who has entered into a compliance agreement has complied with the agreement, the Minister shall cause a notice to that effect to be served on the person and, on the service of that notice,\n(a) the proceedings commenced in respect of the violation under section 7 are ended; and\n(b) any security given under the compliance agreement by the person shall be returned to the person.\n(4) [Where compliance agreement not complied with] Where the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with the agreement, the Minister shall cause a notice of default to be served on the person to the effect that\n(a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay twice the amount of that penalty and, for greater certainty, subsection 4(2) does not apply in respect of that amount; or\n(b) the security, if any, given under the compliance agreement by the person shall be forfeited to Her Majesty in right of Canada.\n(5) [Effect of notice of default] On the service of a notice under subsection (4), the person served has no right of set-off against any amount spent by the person under the compliance agreement and\n(a) the person served is liable to pay the amount set out in the notice; or\n(b) where the notice of default provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 7 are ended.\n(6) [Effect of payment] Where a person pays the amount set out in a notice of default under subsection (4) in the prescribed time and manner,\n(a) the Minister shall accept the amount as and in complete satisfaction of the amount owing; and\n(b) the proceedings commenced in respect of the violation under section 7 are ended.",
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| 166 |
"history": "",
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| 167 |
"last_amended": "2002-12-31",
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| 168 |
"current_to": "2022-03-22",
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| 169 |
"citation": "AAAMPA, s. 10",
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| 170 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-10.html"
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@@ -182,6 +202,8 @@
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| 182 |
"text": "11\n(1) Where the Minister refuses to enter into a compliance agreement pursuant to a request under paragraph 9(2)(a), the person who made the request may, in the prescribed time and manner,\n(a) pay the amount of the penalty; or\n(b) request a review by the Tribunal of the facts of the violation.\n(2) [Effect of payment] Where a person pays the amount referred to in paragraph (1)(a),\n(a) the person is deemed to have committed the violation in respect of which the payment is made;\n(b) the Minister shall accept the amount as and in complete satisfaction of the penalty; and\n(c) the proceedings commenced in respect of the violation under section 7 are ended.\n(3) [Deeming] If a person does not, in the prescribed time and manner, either pay the amount referred to in paragraph (1)(a) or request a review under paragraph (1)(b), the person is deemed to have committed the violation identified in the notice of violation.",
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| 183 |
"history": "1995, c. 40, s. 11; 2015, c. 2, s. 117(E)",
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| 184 |
"last_amended": "2015-02-27",
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| 185 |
"current_to": "2022-03-22",
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| 186 |
"citation": "AAAMPA, s. 11",
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| 187 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-11.html"
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@@ -199,6 +221,8 @@
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| 199 |
"text": "12\n(1) After concluding a review requested under section 8, the Minister shall determine whether or not the person committed the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.\n(2) [Right to review] Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner, request a review of the Minister’s decision by the Tribunal.",
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"history": "",
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"last_amended": "2002-12-31",
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"current_to": "2022-03-22",
|
| 203 |
"citation": "AAAMPA, s. 12",
|
| 204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-12.html"
|
|
@@ -216,6 +240,8 @@
|
|
| 216 |
"text": "13\n(1) After concluding a review requested under paragraph 9(2)(b), the Minister shall determine whether or not the person requesting the review committed a violation and, where the Minister decides that the person committed a violation but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct the amount of the penalty for the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.\n(2) [Payment or right to review] Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner,\n(a) pay the amount of the penalty set out in the notice referred to in subsection (1), in which case\n(i) the Minister shall accept the amount as and in complete satisfaction of the penalty, and\n(ii) the proceedings commenced in respect of the violation under section 7 are ended; or\n(b) request a review of the Minister’s decision by the Tribunal.",
|
| 217 |
"history": "",
|
| 218 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 219 |
"current_to": "2022-03-22",
|
| 220 |
"citation": "AAAMPA, s. 13",
|
| 221 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-13.html"
|
|
@@ -233,6 +259,8 @@
|
|
| 233 |
"text": "14\n(1) After concluding a review requested under this Act, the Tribunal shall, by order, as the case may be,\n(a) confirm, vary or set aside any decision of the Minister under section 12 or 13, or\n(b) determine whether or not the person requesting the review committed a violation and, where the Tribunal decides that the person committed a violation but considers that the amount of the penalty for the violation, if any, was not established in accordance with the regulations, the Tribunal shall correct the amount of the penalty,\nand the Tribunal shall cause a notice of any order made under this subsection to be served on the person who requested the review, and on the Minister.\n(2) [Payment] Where the Tribunal decides under subsection (1) that a person has committed a violation, the person is liable for the amount of the penalty as set out in the order of the Tribunal and, on the payment of that amount in the time and manner specified in the order,\n(a) the Minister shall accept the amount as and in complete satisfaction of the penalty; and\n(b) the proceedings commenced in respect of the violation under section 7 are ended.",
|
| 234 |
"history": "",
|
| 235 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 236 |
"current_to": "2022-03-22",
|
| 237 |
"citation": "AAAMPA, s. 14",
|
| 238 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-14.html"
|
|
@@ -250,6 +278,8 @@
|
|
| 250 |
"text": "15\n(1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court:\n(a) the amount of a penalty, from the time the notice of violation setting out the penalty is served;\n(b) every amount undertaken to be paid pursuant to a compliance agreement entered into with the Minister under subsection 10(1), from the time the compliance agreement is entered into;\n(c) the amount set out in a notice of default referred to in subsection 10(4), from the time the notice is served;\n(d) the amount of a penalty as set out in a decision of the Minister under subsection 13(1), from the time the notice under that subsection is served;\n(e) the amount of a penalty as set out in an order of the Tribunal under subsection 14(1), from the expiration of the time specified in the order for the payment of that amount; and\n(f) the amount of any reasonable expenses incurred pursuant to section 22, from the date they are incurred.\n(2) [Time limit] No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.\n(3) [Debt final] A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 9 to 14.",
|
| 251 |
"history": "1995, c. 40, s. 15; 2012, c. 24, s. 101; 2015, c. 2, s. 118(F)",
|
| 252 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 253 |
"current_to": "2022-03-22",
|
| 254 |
"citation": "AAAMPA, s. 15",
|
| 255 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-15.html"
|
|
@@ -267,6 +297,8 @@
|
|
| 267 |
"text": "16\n(1) Any debt referred to in subsection 15(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.\n(2) [Judgments] On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.",
|
| 268 |
"history": "",
|
| 269 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 270 |
"current_to": "2022-03-22",
|
| 271 |
"citation": "AAAMPA, s. 16",
|
| 272 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-16.html"
|
|
@@ -284,6 +316,8 @@
|
|
| 284 |
"text": "17 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.",
|
| 285 |
"history": "",
|
| 286 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 287 |
"current_to": "2022-03-22",
|
| 288 |
"citation": "AAAMPA, s. 17",
|
| 289 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-17.html"
|
|
@@ -301,6 +335,8 @@
|
|
| 301 |
"text": "18\n(1) A person named in a notice of violation does not have a defence by reason that the person\n(a) exercised due diligence to prevent the violation; or\n(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.\n(2) [Common law principles] Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under an agri-food Act applies in respect of a violation to the extent that it is not inconsistent with this Act.",
|
| 302 |
"history": "",
|
| 303 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 304 |
"current_to": "2022-03-22",
|
| 305 |
"citation": "AAAMPA, s. 18",
|
| 306 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-18.html"
|
|
@@ -318,6 +354,8 @@
|
|
| 318 |
"text": "19 In every case where the facts of a violation are reviewed by the Minister or by the Tribunal, the Minister must establish, on a balance of probabilities, that the person named in the notice of violation committed the violation identified in the notice.",
|
| 319 |
"history": "",
|
| 320 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 321 |
"current_to": "2022-03-22",
|
| 322 |
"citation": "AAAMPA, s. 19",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-19.html"
|
|
@@ -335,6 +373,8 @@
|
|
| 335 |
"text": "20\n(1) The holder of a licence, certificate, letter of accreditation, permit, notice or other document issued under an agri-food Act is liable for a violation that is committed in respect of any matter relating to any activity or requirement under that document, whether or not the person who actually committed the violation is identified or proceeded against in accordance with this Act.\n(2) [Vicarious liability — acts of employees and agents] A person is liable for a violation that is committed by any employee or agent of the person acting in the course of the employee’s employment or the scope of the agent’s authority, whether or not the employee or agent who actually committed the violation is identified or proceeded against in accordance with this Act.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 338 |
"current_to": "2022-03-22",
|
| 339 |
"citation": "AAAMPA, s. 20",
|
| 340 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-20.html"
|
|
@@ -352,6 +392,8 @@
|
|
| 352 |
"text": "21 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.",
|
| 353 |
"history": "",
|
| 354 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 355 |
"current_to": "2022-03-22",
|
| 356 |
"citation": "AAAMPA, s. 21",
|
| 357 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-21.html"
|
|
@@ -369,6 +411,8 @@
|
|
| 369 |
"text": "22 Where\n(a) a person is deemed by this Act to have committed a violation, or\n(b) the Minister, pursuant to a review under this Act, has decided that a person has committed a violation and no request to review the Minister’s decision has been made to the Tribunal in the prescribed time and manner,\nanything seized and detained under an agri-food Act in relation to the violation is, at the election of Her Majesty in right of Canada, immediately forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations made under the applicable agri-food Act unless the Minister directs otherwise.",
|
| 370 |
"history": "",
|
| 371 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 372 |
"current_to": "2022-03-22",
|
| 373 |
"citation": "AAAMPA, s. 22",
|
| 374 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-22.html"
|
|
@@ -386,6 +430,8 @@
|
|
| 386 |
"text": "23\n(1) Any notation of a violation shall, on application by the person who committed the violation, be removed from any records that may be kept by the Minister respecting that person after the expiration of five years from\n(a) where the notice of violation contained a warning, the date the notice was served, or\n(b) in any other case, the payment of any debt referred to in subsection 15(1),\nunless the removal from the record would not in the opinion of the Minister be in the public interest or another notation of a violation has been recorded by the Minister in respect of that person after that date and has not been removed in accordance with this subsection.\n(2) [Duty to notify] The Minister shall cause a notice of removal to be served on the person in respect of whom a notation is removed pursuant to subsection (1).",
|
| 387 |
"history": "",
|
| 388 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 389 |
"current_to": "2022-03-22",
|
| 390 |
"citation": "AAAMPA, s. 23",
|
| 391 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-23.html"
|
|
@@ -403,6 +449,8 @@
|
|
| 403 |
"text": "24 Every document required or authorized to be served under this Act shall be served in accordance with the regulations, either personally or in such other manner as may be authorized in the regulations.",
|
| 404 |
"history": "",
|
| 405 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 406 |
"current_to": "2022-03-22",
|
| 407 |
"citation": "AAAMPA, s. 24",
|
| 408 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-24.html"
|
|
@@ -420,6 +468,8 @@
|
|
| 420 |
"text": "25 In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.",
|
| 421 |
"history": "",
|
| 422 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 423 |
"current_to": "2022-03-22",
|
| 424 |
"citation": "AAAMPA, s. 25",
|
| 425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-25.html"
|
|
@@ -437,6 +487,8 @@
|
|
| 437 |
"text": "26 No proceedings in respect of a violation may be commenced later than\n(a) six months after the day on which the subject matter of the proceedings arises, in the case of a minor violation; or\n(b) two years after the day on which the subject matter of the proceedings arises, in the case of a serious violation or a very serious violation.",
|
| 438 |
"history": "1995, c. 40, s. 26; 2015, c. 2, s. 119",
|
| 439 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 440 |
"current_to": "2022-03-22",
|
| 441 |
"citation": "AAAMPA, s. 26",
|
| 442 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-26.html"
|
|
@@ -454,6 +506,8 @@
|
|
| 454 |
"text": "27\n(1) The Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act, chapter 20 of the 4th Supplement to the Revised Statutes of Canada, 1985, is continued.\n(2) [Composition] The Tribunal consists of members to be appointed by the Governor in Council, one of whom is to be appointed as Chairperson.",
|
| 455 |
"history": "1995, c. 40, s. 27; 2012, c. 24, s. 102",
|
| 456 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 457 |
"current_to": "2022-03-22",
|
| 458 |
"citation": "AAAMPA, s. 27",
|
| 459 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-27.html"
|
|
@@ -471,6 +525,8 @@
|
|
| 471 |
"text": "28 A person is not eligible to be appointed as a member unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson and at least one other member must, in addition, be a lawyer of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec.",
|
| 472 |
"history": "1995, c. 40, s. 28; 2012, c. 24, s. 102",
|
| 473 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 474 |
"current_to": "2022-03-22",
|
| 475 |
"citation": "AAAMPA, s. 28",
|
| 476 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-28.html"
|
|
@@ -488,6 +544,8 @@
|
|
| 488 |
"text": "29 The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members.",
|
| 489 |
"history": "1995, c. 40, s. 29; 2012, c. 24, s. 102",
|
| 490 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 491 |
"current_to": "2022-03-22",
|
| 492 |
"citation": "AAAMPA, s. 29",
|
| 493 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-29.html"
|
|
@@ -505,6 +563,8 @@
|
|
| 505 |
"text": "30\n(1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Governor in Council for cause.\n(2) [Re-appointment] Each member may be re-appointed as a member in the same or another capacity.",
|
| 506 |
"history": "1995, c. 40, s. 30; 2012, c. 24, s. 102",
|
| 507 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 508 |
"current_to": "2022-03-22",
|
| 509 |
"citation": "AAAMPA, s. 30",
|
| 510 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-30.html"
|
|
@@ -522,6 +582,8 @@
|
|
| 522 |
"text": "31 A member must not hold any other office in the federal public administration.",
|
| 523 |
"history": "1995, c. 40, s. 31; 2012, c. 24, s. 102",
|
| 524 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 525 |
"current_to": "2022-03-22",
|
| 526 |
"citation": "AAAMPA, s. 31",
|
| 527 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-31.html"
|
|
@@ -539,6 +601,8 @@
|
|
| 539 |
"text": "32 A member must not accept or hold any office or employment that is inconsistent with the member’s duties or take part in any matter before the Tribunal in which the member has an interest.",
|
| 540 |
"history": "1995, c. 40, s. 32; 2012, c. 24, s. 102",
|
| 541 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 542 |
"current_to": "2022-03-22",
|
| 543 |
"citation": "AAAMPA, s. 32",
|
| 544 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-32.html"
|
|
@@ -556,6 +620,8 @@
|
|
| 556 |
"text": "33\n(1) The Chairperson apportions work among the Tribunal’s members.\n(2) [Absence or incapacity of Chairperson] If the Chairperson is absent or unable to act or the Chairperson’s position becomes vacant, the members must designate a member with the legal qualifications described in section 28 to act as Chairperson pending the appointment of a replacement, but no person may so act for a period exceeding 60 days without the approval of the Governor in Council.",
|
| 557 |
"history": "1995, c. 40, s. 33; 2012, c. 24, s. 102; 2014, c. 20, s. 480",
|
| 558 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 559 |
"current_to": "2022-03-22",
|
| 560 |
"citation": "AAAMPA, s. 33",
|
| 561 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-33.html"
|
|
@@ -573,6 +639,8 @@
|
|
| 573 |
"text": "34\n(1) Each full-time member is to be paid the salary that is fixed by the Governor in Council and each part-time member is entitled to be paid the fees or other remuneration that is fixed by the Governor in Council.\n(2) [Travel and living expenses] Members are entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.",
|
| 574 |
"history": "1995, c. 40, s. 34; 2012, c. 24, s. 102",
|
| 575 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 576 |
"current_to": "2022-03-22",
|
| 577 |
"citation": "AAAMPA, s. 34",
|
| 578 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-34.html"
|
|
@@ -590,6 +658,8 @@
|
|
| 590 |
"text": "35 [Repealed, 2014, c. 20, s. 480]",
|
| 591 |
"history": "",
|
| 592 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 593 |
"current_to": "2022-03-22",
|
| 594 |
"citation": "AAAMPA, s. 35",
|
| 595 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-35.html"
|
|
@@ -607,6 +677,8 @@
|
|
| 607 |
"text": "36 [Repealed, 2014, c. 20, s. 480]",
|
| 608 |
"history": "",
|
| 609 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 610 |
"current_to": "2022-03-22",
|
| 611 |
"citation": "AAAMPA, s. 36",
|
| 612 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-36.html"
|
|
@@ -624,6 +696,8 @@
|
|
| 624 |
"text": "37\n(1) The head office of the Tribunal is to be in the National Capital Region as defined in section 2 of the National Capital Act.\n(2) [Sittings] The Tribunal is to sit at the places in Canada that may be specified by the Governor in Council.",
|
| 625 |
"history": "1995, c. 40, s. 37; 2012, c. 24, s. 102",
|
| 626 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 627 |
"current_to": "2022-03-22",
|
| 628 |
"citation": "AAAMPA, s. 37",
|
| 629 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-37.html"
|
|
@@ -641,6 +715,8 @@
|
|
| 641 |
"text": "38\n(1) The Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which it is given jurisdiction under this Act or any other Act of Parliament.\n(2) [Review by Federal Court] An order of the Tribunal may only be reviewed under the Federal Courts Act.",
|
| 642 |
"history": "1995, c. 40, s. 38; 2012, c. 24, s. 102",
|
| 643 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 644 |
"current_to": "2022-03-22",
|
| 645 |
"citation": "AAAMPA, s. 38",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-38.html"
|
|
@@ -658,6 +734,8 @@
|
|
| 658 |
"text": "39\n(1) The jurisdiction of the Tribunal in relation to the following matters is to be exercised by the Chairperson:\n(a) requests under subsection 8(1) or 12(2) for a review in respect of a notice of violation that contains a warning; and\n(b) requests under paragraph 9(2)(c) or 13(2)(b) for a review in respect of a notice of violation that sets out a penalty of less than $2,000.\n(2) [Other legally qualified members] The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, if the Chairperson so directs, by any member of the Tribunal with the legal qualifications described in section 28.",
|
| 659 |
"history": "1995, c. 40, s. 39; 2012, c. 24, s. 102",
|
| 660 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 661 |
"current_to": "2022-03-22",
|
| 662 |
"citation": "AAAMPA, s. 39",
|
| 663 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-39.html"
|
|
@@ -675,6 +753,8 @@
|
|
| 675 |
"text": "40 Reviews by the Tribunal are to be heard by a single member.",
|
| 676 |
"history": "1995, c. 40, s. 40; 2012, c. 24, s. 102",
|
| 677 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 678 |
"current_to": "2022-03-22",
|
| 679 |
"citation": "AAAMPA, s. 40",
|
| 680 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-40.html"
|
|
@@ -692,6 +772,8 @@
|
|
| 692 |
"text": "41\n(1) The Tribunal is a court of record with an official seal that must be judicially noticed.\n(2) [Examination of witnesses, etc.] In addition to the powers conferred by subsection (1), the Tribunal has, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, it may\n(a) issue a summons requiring a person\n(i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject matter before the Tribunal, and\n(ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject matter;\n(b) administer oaths and examine any person on oath; and\n(c) during a hearing, receive any evidence that it considers relevant and trustworthy.",
|
| 693 |
"history": "1995, c. 40, s. 41; 2012, c. 24, s. 102",
|
| 694 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 695 |
"current_to": "2022-03-22",
|
| 696 |
"citation": "AAAMPA, s. 41",
|
| 697 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-41.html"
|
|
@@ -709,6 +791,8 @@
|
|
| 709 |
"text": "42 The Tribunal may, with the approval of the Governor in Council, make rules governing\n(a) the practice and procedure in respect of hearings;\n(b) the time and manner in which applications and notices must be made or given; and\n(c) the work of the Tribunal under this or any other Act of Parliament.",
|
| 710 |
"history": "1995, c. 40, s. 42; 2012, c. 24, s. 102",
|
| 711 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 712 |
"current_to": "2022-03-22",
|
| 713 |
"citation": "AAAMPA, s. 42",
|
| 714 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-42.html"
|
|
@@ -726,6 +810,8 @@
|
|
| 726 |
"text": "43 The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it.",
|
| 727 |
"history": "1995, c. 40, s. 43; 2012, c. 24, s. 102",
|
| 728 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 729 |
"current_to": "2022-03-22",
|
| 730 |
"citation": "AAAMPA, s. 43",
|
| 731 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-43.html"
|
|
@@ -743,6 +829,8 @@
|
|
| 743 |
"text": "44 The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it. It must deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.",
|
| 744 |
"history": "1995, c. 40, s. 44; 2012, c. 24, s. 102",
|
| 745 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 746 |
"current_to": "2022-03-22",
|
| 747 |
"citation": "AAAMPA, s. 44",
|
| 748 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-44.html"
|
|
@@ -760,6 +848,8 @@
|
|
| 760 |
"text": "45 The Tribunal is not entitled to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.",
|
| 761 |
"history": "1995, c. 40, s. 45; 2012, c. 24, s. 102",
|
| 762 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 763 |
"current_to": "2022-03-22",
|
| 764 |
"citation": "AAAMPA, s. 45",
|
| 765 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-45.html"
|
|
@@ -777,6 +867,8 @@
|
|
| 777 |
"text": "46 to 89 [Repealed, 2012, c. 24, s. 102]",
|
| 778 |
"history": "",
|
| 779 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 780 |
"current_to": "2022-03-22",
|
| 781 |
"citation": "AAAMPA, s. 46 to 89",
|
| 782 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-46 to 89.html"
|
|
@@ -794,6 +886,8 @@
|
|
| 794 |
"text": "90 [Repealed, 2012, c. 24, s. 102]",
|
| 795 |
"history": "",
|
| 796 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 797 |
"current_to": "2022-03-22",
|
| 798 |
"citation": "AAAMPA, s. 90",
|
| 799 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-90.html"
|
|
|
|
| 12 |
"text": "1 This Act may be cited as the Agriculture and Agri-Food Administrative Monetary Penalties Act.",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2002-12-31",
|
| 15 |
+
"in_force": "2002-12-31",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2022-03-22",
|
| 18 |
"citation": "AAAMPA, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-1.html"
|
|
|
|
| 31 |
"text": "2 In this Act,\nagri-food Act means the Farm Debt Mediation Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Pest Control Products Act, the Plant Protection Act, the Safe Food for Canadians Act or the Seeds Act; (loi agroalimentaire)\nMinister means the Minister of Agriculture and Agri-Food, except that\n(a) it means the Minister of Health in relation to a violation involving a contravention of\n(i) the Pest Control Products Act, or\n(ii) a provision relating to food safety of an agri-food Act or of a regulation made under such an Act, and\n(b) it means the Minister of Public Safety and Emergency Preparedness in relation to a notice of violation issued in respect of the contravention of program legislation referred to in subsection 11(5) of the Canadian Food Inspection Agency Act; (ministre)\npenalty means an administrative monetary penalty imposed under this Act for a violation; (sanction)\nprescribed means prescribed by regulation; (Version anglaise seulement)\nTribunal means the Review Tribunal continued by subsection 27(1); (Commission)",
|
| 32 |
"history": "1995, c. 40, s. 2; 1997, c. 21, s. 30; 2002, c. 28, s. 82; 2005, c. 38, ss. 30, 145; 2012, c. 24, s. 98; 2015, c. 2, s. 113",
|
| 33 |
"last_amended": "2019-01-15",
|
| 34 |
+
"in_force": "2015-02-27",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2022-03-22",
|
| 37 |
"citation": "AAAMPA, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-2.html"
|
|
|
|
| 50 |
"text": "3 The purpose of this Act is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient administrative monetary penalty system for the enforcement of the agri-food Acts.",
|
| 51 |
"history": "",
|
| 52 |
"last_amended": "2002-12-31",
|
| 53 |
+
"in_force": "2002-12-31",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2022-03-22",
|
| 56 |
"citation": "AAAMPA, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-3.html"
|
|
|
|
| 69 |
"text": "4\n(1) The Minister may make regulations\n(a) designating as a violation that may be proceeded with in accordance with this Act\n(i) the contravention of any specified provision of an agri-food Act or of a regulation made under an agri-food Act,\n(ii) the contravention of any specified order, or class of orders, made by the Minister under the Plant Protection Act, or\n(iii) the refusal or neglect to perform any specified duty, or class of duties, imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act;\nif the contravention, or the failure or neglect to perform the duty, as the case may be, is an offence under an agri-food Act;\n(b) classifying each violation as a minor violation, a serious violation or a very serious violation;\n(b.1) establishing, in respect of each violation, a short-form description to be used in notices of violation;\n(c) fixing a penalty, or a range of penalties, in respect of each violation;\n(d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including the reduction of a penalty pursuant to a compliance agreement under subsection 10(1);\n(e) respecting the determination of a lesser amount that may be paid in complete satisfaction of a penalty if paid within the prescribed time and manner;\n(f) respecting the circumstances under which reviews under this Act by the Tribunal shall be oral or in writing;\n(g) respecting the service of documents required or authorized to be served under this Act including, without restricting the generality of the foregoing, the manner of serving such documents, the proof of their service and the circumstances under which such documents shall be deemed to have been served;\n(h) prescribing anything that by this Act is to be prescribed; and\n(i) generally, for carrying out the purposes and provisions of this Act.\n(2) [Maximum penalties] The maximum penalty for a violation is\n(a) in the case of a violation that is committed by an individual otherwise than in the course of a business and that is not committed to obtain a financial benefit, $2,000; and\n(b) in any other case, $5,000 for a minor violation, $15,000 for a serious violation and $25,000 for a very serious violation.\n(3) [Criteria] Without restricting the generality of paragraph (1)(d), in making regulations respecting the criteria for increasing or reducing the amount of the penalty for a violation, the Minister shall include the following in any such criteria:\n(a) the degree of intention or negligence on the part of the person who committed the violation;\n(b) the harm done by the violation; and\n(c) the history of the person who committed the violation of prior violations or convictions under agri-food Acts within the five year period immediately before the violation.",
|
| 70 |
"history": "1995, c. 40, s. 4; 2012, c. 24, s. 99; 2015, c. 2, s. 114; 2016, c. 9, ss. 70, 72",
|
| 71 |
"last_amended": "2019-01-15",
|
| 72 |
+
"in_force": "2016-12-12",
|
| 73 |
+
"status": "in force",
|
| 74 |
"current_to": "2022-03-22",
|
| 75 |
"citation": "AAAMPA, s. 4",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-4.html"
|
|
|
|
| 88 |
"text": "5 Where any act or omission can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that act or omission as a violation or recommend that it be proceeded with as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.",
|
| 89 |
"history": "",
|
| 90 |
"last_amended": "2002-12-31",
|
| 91 |
+
"in_force": "2002-12-31",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2022-03-22",
|
| 94 |
"citation": "AAAMPA, s. 5",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-5.html"
|
|
|
|
| 107 |
"text": "6 The Minister may designate persons, or classes of persons, who are authorized to issue notices of violation.",
|
| 108 |
"history": "1995, c. 40, s. 6; 2015, c. 2, s. 115",
|
| 109 |
"last_amended": "2015-02-27",
|
| 110 |
+
"in_force": "2015-02-27",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2022-03-22",
|
| 113 |
"citation": "AAAMPA, s. 6",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-6.html"
|
|
|
|
| 126 |
"text": "7\n(1) Every person who\n(a) contravenes any provision of an agri-food Act or of a regulation made under an agri-food Act,\n(b) contravenes any order made by the Minister under the Plant Protection Act, or\n(c) refuses or neglects to perform any duty imposed by or under the Plant Protection Act, the Health of Animals Act, the Pest Control Products Act or the Safe Food for Canadians Act\nthe contravention of which, or the refusal or neglect of which, is designated to be a violation by a regulation made under paragraph 4(1)(a) commits a violation and is liable to a warning or to a penalty in accordance with this Act.\n(2) [Issuance of notice of violation] If a person designated under section 6 has reasonable grounds to believe that a person has committed a violation, the designated person may issue, and shall cause to be served on the person, a notice of violation that names the person, identifies the violation and\n(a) contains a warning that the person has committed a violation; or\n(b) sets out\n(i) the penalty, established in accordance with the regulations, for the violation that the person is liable to pay,\n(ii) particulars concerning the time for paying and the manner of paying the penalty, and\n(iii) subject to the regulations, a lesser amount that may be paid in complete satisfaction of the penalty if paid within the time and manner specified in the notice.\n(3) [Summary of rights] A notice of violation must clearly summarize, in plain language, the rights and obligations under this Act of the person on whom it is served, including the right to have the facts of the violation reviewed by the Minister or the Tribunal, and the procedure for requesting such a review.",
|
| 127 |
"history": "1995, c. 40, s. 7; 2012, c. 24, s. 100(E); 2015, c. 2, s. 116(E); 2016, c. 9, ss. 71(E), 72(E)",
|
| 128 |
"last_amended": "2019-01-15",
|
| 129 |
+
"in_force": "2016-12-12",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2022-03-22",
|
| 132 |
"citation": "AAAMPA, s. 7",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-7.html"
|
|
|
|
| 145 |
"text": "8\n(1) Where a notice of violation contains a warning, the person named in the notice may, in the prescribed time and manner, request a review of the facts of the violation by the Minister or the Tribunal.\n(2) [Deeming] Where a person who is served with a notice of violation that contains a warning does not request a review under subsection (1) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice of violation.",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2002-12-31",
|
| 148 |
+
"in_force": "2002-12-31",
|
| 149 |
+
"status": "in force",
|
| 150 |
"current_to": "2022-03-22",
|
| 151 |
"citation": "AAAMPA, s. 8",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-8.html"
|
|
|
|
| 164 |
"text": "9\n(1) Where a notice of violation sets out a penalty and the person named in the notice pays, in the prescribed time and manner, the amount of the penalty or, subject to the regulations, the lesser amount set out in the notice that may be paid in lieu of the penalty,\n(a) the person is deemed to have committed the violation in respect of which the amount is paid;\n(b) the Minister shall accept that amount as and in complete satisfaction of the penalty; and\n(c) the proceedings commenced in respect of the violation under section 7 are ended.\n(2) [Alternatives to payment] Instead of paying the penalty set out in a notice of violation or, where applicable, the lesser amount that may be paid in lieu of the penalty, the person named in the notice may, in the prescribed time and manner,\n(a) if the penalty is $2,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the agri-food Act or regulation to which the violation relates;\n(b) request a review by the Minister of the facts of the violation; or\n(c) request a review by the Tribunal of the facts of the violation.\n(3) [Deeming] Where a person who is served with a notice of violation that sets out a penalty does not pay the penalty in the prescribed time and manner or, where applicable, the lesser amount that may be paid in lieu of the penalty, and does not exercise any right referred to in subsection (2) in the prescribed time and manner, the person is deemed to have committed the violation identified in the notice.",
|
| 165 |
"history": "",
|
| 166 |
"last_amended": "2002-12-31",
|
| 167 |
+
"in_force": "2002-12-31",
|
| 168 |
+
"status": "in force",
|
| 169 |
"current_to": "2022-03-22",
|
| 170 |
"citation": "AAAMPA, s. 9",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-9.html"
|
|
|
|
| 183 |
"text": "10\n(1) After considering a request under paragraph 9(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on such terms and conditions as are satisfactory to the Minister, which terms may\n(a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and\n(b) provide for the reduction, in whole or in part, of the penalty for the violation.\n(2) [Deeming] A person who makes a request under paragraph 9(2)(a) and who enters into a compliance agreement with the Minister shall, on entering into the compliance agreement, be deemed to have committed the violation in respect of which the compliance agreement was entered into.\n(3) [Where compliance agreement complied with] Where the Minister is satisfied that a person who has entered into a compliance agreement has complied with the agreement, the Minister shall cause a notice to that effect to be served on the person and, on the service of that notice,\n(a) the proceedings commenced in respect of the violation under section 7 are ended; and\n(b) any security given under the compliance agreement by the person shall be returned to the person.\n(4) [Where compliance agreement not complied with] Where the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with the agreement, the Minister shall cause a notice of default to be served on the person to the effect that\n(a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay twice the amount of that penalty and, for greater certainty, subsection 4(2) does not apply in respect of that amount; or\n(b) the security, if any, given under the compliance agreement by the person shall be forfeited to Her Majesty in right of Canada.\n(5) [Effect of notice of default] On the service of a notice under subsection (4), the person served has no right of set-off against any amount spent by the person under the compliance agreement and\n(a) the person served is liable to pay the amount set out in the notice; or\n(b) where the notice of default provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 7 are ended.\n(6) [Effect of payment] Where a person pays the amount set out in a notice of default under subsection (4) in the prescribed time and manner,\n(a) the Minister shall accept the amount as and in complete satisfaction of the amount owing; and\n(b) the proceedings commenced in respect of the violation under section 7 are ended.",
|
| 184 |
"history": "",
|
| 185 |
"last_amended": "2002-12-31",
|
| 186 |
+
"in_force": "2002-12-31",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2022-03-22",
|
| 189 |
"citation": "AAAMPA, s. 10",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-10.html"
|
|
|
|
| 202 |
"text": "11\n(1) Where the Minister refuses to enter into a compliance agreement pursuant to a request under paragraph 9(2)(a), the person who made the request may, in the prescribed time and manner,\n(a) pay the amount of the penalty; or\n(b) request a review by the Tribunal of the facts of the violation.\n(2) [Effect of payment] Where a person pays the amount referred to in paragraph (1)(a),\n(a) the person is deemed to have committed the violation in respect of which the payment is made;\n(b) the Minister shall accept the amount as and in complete satisfaction of the penalty; and\n(c) the proceedings commenced in respect of the violation under section 7 are ended.\n(3) [Deeming] If a person does not, in the prescribed time and manner, either pay the amount referred to in paragraph (1)(a) or request a review under paragraph (1)(b), the person is deemed to have committed the violation identified in the notice of violation.",
|
| 203 |
"history": "1995, c. 40, s. 11; 2015, c. 2, s. 117(E)",
|
| 204 |
"last_amended": "2015-02-27",
|
| 205 |
+
"in_force": "2015-02-27",
|
| 206 |
+
"status": "in force",
|
| 207 |
"current_to": "2022-03-22",
|
| 208 |
"citation": "AAAMPA, s. 11",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-11.html"
|
|
|
|
| 221 |
"text": "12\n(1) After concluding a review requested under section 8, the Minister shall determine whether or not the person committed the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.\n(2) [Right to review] Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner, request a review of the Minister’s decision by the Tribunal.",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2002-12-31",
|
| 224 |
+
"in_force": "2002-12-31",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2022-03-22",
|
| 227 |
"citation": "AAAMPA, s. 12",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-12.html"
|
|
|
|
| 240 |
"text": "13\n(1) After concluding a review requested under paragraph 9(2)(b), the Minister shall determine whether or not the person requesting the review committed a violation and, where the Minister decides that the person committed a violation but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct the amount of the penalty for the violation, and the Minister shall cause a notice of any decision under this subsection to be served on the person who requested the review.\n(2) [Payment or right to review] Where the Minister decides under subsection (1) that a person has committed a violation, the person may, in the prescribed time and manner,\n(a) pay the amount of the penalty set out in the notice referred to in subsection (1), in which case\n(i) the Minister shall accept the amount as and in complete satisfaction of the penalty, and\n(ii) the proceedings commenced in respect of the violation under section 7 are ended; or\n(b) request a review of the Minister’s decision by the Tribunal.",
|
| 241 |
"history": "",
|
| 242 |
"last_amended": "2002-12-31",
|
| 243 |
+
"in_force": "2002-12-31",
|
| 244 |
+
"status": "in force",
|
| 245 |
"current_to": "2022-03-22",
|
| 246 |
"citation": "AAAMPA, s. 13",
|
| 247 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-13.html"
|
|
|
|
| 259 |
"text": "14\n(1) After concluding a review requested under this Act, the Tribunal shall, by order, as the case may be,\n(a) confirm, vary or set aside any decision of the Minister under section 12 or 13, or\n(b) determine whether or not the person requesting the review committed a violation and, where the Tribunal decides that the person committed a violation but considers that the amount of the penalty for the violation, if any, was not established in accordance with the regulations, the Tribunal shall correct the amount of the penalty,\nand the Tribunal shall cause a notice of any order made under this subsection to be served on the person who requested the review, and on the Minister.\n(2) [Payment] Where the Tribunal decides under subsection (1) that a person has committed a violation, the person is liable for the amount of the penalty as set out in the order of the Tribunal and, on the payment of that amount in the time and manner specified in the order,\n(a) the Minister shall accept the amount as and in complete satisfaction of the penalty; and\n(b) the proceedings commenced in respect of the violation under section 7 are ended.",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2002-12-31",
|
| 262 |
+
"in_force": "2002-12-31",
|
| 263 |
+
"status": "in force",
|
| 264 |
"current_to": "2022-03-22",
|
| 265 |
"citation": "AAAMPA, s. 14",
|
| 266 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-14.html"
|
|
|
|
| 278 |
"text": "15\n(1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court:\n(a) the amount of a penalty, from the time the notice of violation setting out the penalty is served;\n(b) every amount undertaken to be paid pursuant to a compliance agreement entered into with the Minister under subsection 10(1), from the time the compliance agreement is entered into;\n(c) the amount set out in a notice of default referred to in subsection 10(4), from the time the notice is served;\n(d) the amount of a penalty as set out in a decision of the Minister under subsection 13(1), from the time the notice under that subsection is served;\n(e) the amount of a penalty as set out in an order of the Tribunal under subsection 14(1), from the expiration of the time specified in the order for the payment of that amount; and\n(f) the amount of any reasonable expenses incurred pursuant to section 22, from the date they are incurred.\n(2) [Time limit] No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.\n(3) [Debt final] A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 9 to 14.",
|
| 279 |
"history": "1995, c. 40, s. 15; 2012, c. 24, s. 101; 2015, c. 2, s. 118(F)",
|
| 280 |
"last_amended": "2019-01-15",
|
| 281 |
+
"in_force": "2015-02-27",
|
| 282 |
+
"status": "in force",
|
| 283 |
"current_to": "2022-03-22",
|
| 284 |
"citation": "AAAMPA, s. 15",
|
| 285 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-15.html"
|
|
|
|
| 297 |
"text": "16\n(1) Any debt referred to in subsection 15(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.\n(2) [Judgments] On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2002-12-31",
|
| 300 |
+
"in_force": "2002-12-31",
|
| 301 |
+
"status": "in force",
|
| 302 |
"current_to": "2022-03-22",
|
| 303 |
"citation": "AAAMPA, s. 16",
|
| 304 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-16.html"
|
|
|
|
| 316 |
"text": "17 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.",
|
| 317 |
"history": "",
|
| 318 |
"last_amended": "2002-12-31",
|
| 319 |
+
"in_force": "2002-12-31",
|
| 320 |
+
"status": "in force",
|
| 321 |
"current_to": "2022-03-22",
|
| 322 |
"citation": "AAAMPA, s. 17",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-17.html"
|
|
|
|
| 335 |
"text": "18\n(1) A person named in a notice of violation does not have a defence by reason that the person\n(a) exercised due diligence to prevent the violation; or\n(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.\n(2) [Common law principles] Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under an agri-food Act applies in respect of a violation to the extent that it is not inconsistent with this Act.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2002-12-31",
|
| 338 |
+
"in_force": "2002-12-31",
|
| 339 |
+
"status": "in force",
|
| 340 |
"current_to": "2022-03-22",
|
| 341 |
"citation": "AAAMPA, s. 18",
|
| 342 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-18.html"
|
|
|
|
| 354 |
"text": "19 In every case where the facts of a violation are reviewed by the Minister or by the Tribunal, the Minister must establish, on a balance of probabilities, that the person named in the notice of violation committed the violation identified in the notice.",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2002-12-31",
|
| 357 |
+
"in_force": "2002-12-31",
|
| 358 |
+
"status": "in force",
|
| 359 |
"current_to": "2022-03-22",
|
| 360 |
"citation": "AAAMPA, s. 19",
|
| 361 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-19.html"
|
|
|
|
| 373 |
"text": "20\n(1) The holder of a licence, certificate, letter of accreditation, permit, notice or other document issued under an agri-food Act is liable for a violation that is committed in respect of any matter relating to any activity or requirement under that document, whether or not the person who actually committed the violation is identified or proceeded against in accordance with this Act.\n(2) [Vicarious liability — acts of employees and agents] A person is liable for a violation that is committed by any employee or agent of the person acting in the course of the employee’s employment or the scope of the agent’s authority, whether or not the employee or agent who actually committed the violation is identified or proceeded against in accordance with this Act.",
|
| 374 |
"history": "",
|
| 375 |
"last_amended": "2002-12-31",
|
| 376 |
+
"in_force": "2002-12-31",
|
| 377 |
+
"status": "in force",
|
| 378 |
"current_to": "2022-03-22",
|
| 379 |
"citation": "AAAMPA, s. 20",
|
| 380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-20.html"
|
|
|
|
| 392 |
"text": "21 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2002-12-31",
|
| 395 |
+
"in_force": "2002-12-31",
|
| 396 |
+
"status": "in force",
|
| 397 |
"current_to": "2022-03-22",
|
| 398 |
"citation": "AAAMPA, s. 21",
|
| 399 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-21.html"
|
|
|
|
| 411 |
"text": "22 Where\n(a) a person is deemed by this Act to have committed a violation, or\n(b) the Minister, pursuant to a review under this Act, has decided that a person has committed a violation and no request to review the Minister’s decision has been made to the Tribunal in the prescribed time and manner,\nanything seized and detained under an agri-food Act in relation to the violation is, at the election of Her Majesty in right of Canada, immediately forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of the person from whom it was seized, in accordance with the regulations made under the applicable agri-food Act unless the Minister directs otherwise.",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2002-12-31",
|
| 414 |
+
"in_force": "2002-12-31",
|
| 415 |
+
"status": "in force",
|
| 416 |
"current_to": "2022-03-22",
|
| 417 |
"citation": "AAAMPA, s. 22",
|
| 418 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-22.html"
|
|
|
|
| 430 |
"text": "23\n(1) Any notation of a violation shall, on application by the person who committed the violation, be removed from any records that may be kept by the Minister respecting that person after the expiration of five years from\n(a) where the notice of violation contained a warning, the date the notice was served, or\n(b) in any other case, the payment of any debt referred to in subsection 15(1),\nunless the removal from the record would not in the opinion of the Minister be in the public interest or another notation of a violation has been recorded by the Minister in respect of that person after that date and has not been removed in accordance with this subsection.\n(2) [Duty to notify] The Minister shall cause a notice of removal to be served on the person in respect of whom a notation is removed pursuant to subsection (1).",
|
| 431 |
"history": "",
|
| 432 |
"last_amended": "2002-12-31",
|
| 433 |
+
"in_force": "2002-12-31",
|
| 434 |
+
"status": "in force",
|
| 435 |
"current_to": "2022-03-22",
|
| 436 |
"citation": "AAAMPA, s. 23",
|
| 437 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-23.html"
|
|
|
|
| 449 |
"text": "24 Every document required or authorized to be served under this Act shall be served in accordance with the regulations, either personally or in such other manner as may be authorized in the regulations.",
|
| 450 |
"history": "",
|
| 451 |
"last_amended": "2002-12-31",
|
| 452 |
+
"in_force": "2002-12-31",
|
| 453 |
+
"status": "in force",
|
| 454 |
"current_to": "2022-03-22",
|
| 455 |
"citation": "AAAMPA, s. 24",
|
| 456 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-24.html"
|
|
|
|
| 468 |
"text": "25 In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.",
|
| 469 |
"history": "",
|
| 470 |
"last_amended": "2002-12-31",
|
| 471 |
+
"in_force": "2002-12-31",
|
| 472 |
+
"status": "in force",
|
| 473 |
"current_to": "2022-03-22",
|
| 474 |
"citation": "AAAMPA, s. 25",
|
| 475 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-25.html"
|
|
|
|
| 487 |
"text": "26 No proceedings in respect of a violation may be commenced later than\n(a) six months after the day on which the subject matter of the proceedings arises, in the case of a minor violation; or\n(b) two years after the day on which the subject matter of the proceedings arises, in the case of a serious violation or a very serious violation.",
|
| 488 |
"history": "1995, c. 40, s. 26; 2015, c. 2, s. 119",
|
| 489 |
"last_amended": "2015-02-27",
|
| 490 |
+
"in_force": "2015-02-27",
|
| 491 |
+
"status": "in force",
|
| 492 |
"current_to": "2022-03-22",
|
| 493 |
"citation": "AAAMPA, s. 26",
|
| 494 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-26.html"
|
|
|
|
| 506 |
"text": "27\n(1) The Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act, chapter 20 of the 4th Supplement to the Revised Statutes of Canada, 1985, is continued.\n(2) [Composition] The Tribunal consists of members to be appointed by the Governor in Council, one of whom is to be appointed as Chairperson.",
|
| 507 |
"history": "1995, c. 40, s. 27; 2012, c. 24, s. 102",
|
| 508 |
"last_amended": "2019-01-15",
|
| 509 |
+
"in_force": "2019-01-15",
|
| 510 |
+
"status": "in force",
|
| 511 |
"current_to": "2022-03-22",
|
| 512 |
"citation": "AAAMPA, s. 27",
|
| 513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-27.html"
|
|
|
|
| 525 |
"text": "28 A person is not eligible to be appointed as a member unless the person is knowledgeable about or has experience related to agriculture or agri-food and the Chairperson and at least one other member must, in addition, be a lawyer of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec.",
|
| 526 |
"history": "1995, c. 40, s. 28; 2012, c. 24, s. 102",
|
| 527 |
"last_amended": "2019-01-15",
|
| 528 |
+
"in_force": "2019-01-15",
|
| 529 |
+
"status": "in force",
|
| 530 |
"current_to": "2022-03-22",
|
| 531 |
"citation": "AAAMPA, s. 28",
|
| 532 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-28.html"
|
|
|
|
| 544 |
"text": "29 The Chairperson is to be appointed as a full-time member and the other members are to be appointed as either full-time members or part-time members.",
|
| 545 |
"history": "1995, c. 40, s. 29; 2012, c. 24, s. 102",
|
| 546 |
"last_amended": "2019-01-15",
|
| 547 |
+
"in_force": "2019-01-15",
|
| 548 |
+
"status": "in force",
|
| 549 |
"current_to": "2022-03-22",
|
| 550 |
"citation": "AAAMPA, s. 29",
|
| 551 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-29.html"
|
|
|
|
| 563 |
"text": "30\n(1) Each member is to be appointed for a term of not more than five years and holds office during good behaviour, but may be removed by the Governor in Council for cause.\n(2) [Re-appointment] Each member may be re-appointed as a member in the same or another capacity.",
|
| 564 |
"history": "1995, c. 40, s. 30; 2012, c. 24, s. 102",
|
| 565 |
"last_amended": "2019-01-15",
|
| 566 |
+
"in_force": "2019-01-15",
|
| 567 |
+
"status": "in force",
|
| 568 |
"current_to": "2022-03-22",
|
| 569 |
"citation": "AAAMPA, s. 30",
|
| 570 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-30.html"
|
|
|
|
| 582 |
"text": "31 A member must not hold any other office in the federal public administration.",
|
| 583 |
"history": "1995, c. 40, s. 31; 2012, c. 24, s. 102",
|
| 584 |
"last_amended": "2019-01-15",
|
| 585 |
+
"in_force": "2019-01-15",
|
| 586 |
+
"status": "in force",
|
| 587 |
"current_to": "2022-03-22",
|
| 588 |
"citation": "AAAMPA, s. 31",
|
| 589 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-31.html"
|
|
|
|
| 601 |
"text": "32 A member must not accept or hold any office or employment that is inconsistent with the member’s duties or take part in any matter before the Tribunal in which the member has an interest.",
|
| 602 |
"history": "1995, c. 40, s. 32; 2012, c. 24, s. 102",
|
| 603 |
"last_amended": "2019-01-15",
|
| 604 |
+
"in_force": "2019-01-15",
|
| 605 |
+
"status": "in force",
|
| 606 |
"current_to": "2022-03-22",
|
| 607 |
"citation": "AAAMPA, s. 32",
|
| 608 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-32.html"
|
|
|
|
| 620 |
"text": "33\n(1) The Chairperson apportions work among the Tribunal’s members.\n(2) [Absence or incapacity of Chairperson] If the Chairperson is absent or unable to act or the Chairperson’s position becomes vacant, the members must designate a member with the legal qualifications described in section 28 to act as Chairperson pending the appointment of a replacement, but no person may so act for a period exceeding 60 days without the approval of the Governor in Council.",
|
| 621 |
"history": "1995, c. 40, s. 33; 2012, c. 24, s. 102; 2014, c. 20, s. 480",
|
| 622 |
"last_amended": "2019-01-15",
|
| 623 |
+
"in_force": "2019-01-15",
|
| 624 |
+
"status": "in force",
|
| 625 |
"current_to": "2022-03-22",
|
| 626 |
"citation": "AAAMPA, s. 33",
|
| 627 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-33.html"
|
|
|
|
| 639 |
"text": "34\n(1) Each full-time member is to be paid the salary that is fixed by the Governor in Council and each part-time member is entitled to be paid the fees or other remuneration that is fixed by the Governor in Council.\n(2) [Travel and living expenses] Members are entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of their duties and functions while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.",
|
| 640 |
"history": "1995, c. 40, s. 34; 2012, c. 24, s. 102",
|
| 641 |
"last_amended": "2019-01-15",
|
| 642 |
+
"in_force": "2019-01-15",
|
| 643 |
+
"status": "in force",
|
| 644 |
"current_to": "2022-03-22",
|
| 645 |
"citation": "AAAMPA, s. 34",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-34.html"
|
|
|
|
| 658 |
"text": "35 [Repealed, 2014, c. 20, s. 480]",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2019-01-15",
|
| 661 |
+
"in_force": "2019-01-15",
|
| 662 |
+
"status": "repealed",
|
| 663 |
"current_to": "2022-03-22",
|
| 664 |
"citation": "AAAMPA, s. 35",
|
| 665 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-35.html"
|
|
|
|
| 677 |
"text": "36 [Repealed, 2014, c. 20, s. 480]",
|
| 678 |
"history": "",
|
| 679 |
"last_amended": "2019-01-15",
|
| 680 |
+
"in_force": "2019-01-15",
|
| 681 |
+
"status": "repealed",
|
| 682 |
"current_to": "2022-03-22",
|
| 683 |
"citation": "AAAMPA, s. 36",
|
| 684 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-36.html"
|
|
|
|
| 696 |
"text": "37\n(1) The head office of the Tribunal is to be in the National Capital Region as defined in section 2 of the National Capital Act.\n(2) [Sittings] The Tribunal is to sit at the places in Canada that may be specified by the Governor in Council.",
|
| 697 |
"history": "1995, c. 40, s. 37; 2012, c. 24, s. 102",
|
| 698 |
"last_amended": "2019-01-15",
|
| 699 |
+
"in_force": "2019-01-15",
|
| 700 |
+
"status": "in force",
|
| 701 |
"current_to": "2022-03-22",
|
| 702 |
"citation": "AAAMPA, s. 37",
|
| 703 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-37.html"
|
|
|
|
| 715 |
"text": "38\n(1) The Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which it is given jurisdiction under this Act or any other Act of Parliament.\n(2) [Review by Federal Court] An order of the Tribunal may only be reviewed under the Federal Courts Act.",
|
| 716 |
"history": "1995, c. 40, s. 38; 2012, c. 24, s. 102",
|
| 717 |
"last_amended": "2019-01-15",
|
| 718 |
+
"in_force": "2019-01-15",
|
| 719 |
+
"status": "in force",
|
| 720 |
"current_to": "2022-03-22",
|
| 721 |
"citation": "AAAMPA, s. 38",
|
| 722 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-38.html"
|
|
|
|
| 734 |
"text": "39\n(1) The jurisdiction of the Tribunal in relation to the following matters is to be exercised by the Chairperson:\n(a) requests under subsection 8(1) or 12(2) for a review in respect of a notice of violation that contains a warning; and\n(b) requests under paragraph 9(2)(c) or 13(2)(b) for a review in respect of a notice of violation that sets out a penalty of less than $2,000.\n(2) [Other legally qualified members] The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, if the Chairperson so directs, by any member of the Tribunal with the legal qualifications described in section 28.",
|
| 735 |
"history": "1995, c. 40, s. 39; 2012, c. 24, s. 102",
|
| 736 |
"last_amended": "2019-01-15",
|
| 737 |
+
"in_force": "2019-01-15",
|
| 738 |
+
"status": "in force",
|
| 739 |
"current_to": "2022-03-22",
|
| 740 |
"citation": "AAAMPA, s. 39",
|
| 741 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-39.html"
|
|
|
|
| 753 |
"text": "40 Reviews by the Tribunal are to be heard by a single member.",
|
| 754 |
"history": "1995, c. 40, s. 40; 2012, c. 24, s. 102",
|
| 755 |
"last_amended": "2019-01-15",
|
| 756 |
+
"in_force": "2019-01-15",
|
| 757 |
+
"status": "in force",
|
| 758 |
"current_to": "2022-03-22",
|
| 759 |
"citation": "AAAMPA, s. 40",
|
| 760 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-40.html"
|
|
|
|
| 772 |
"text": "41\n(1) The Tribunal is a court of record with an official seal that must be judicially noticed.\n(2) [Examination of witnesses, etc.] In addition to the powers conferred by subsection (1), the Tribunal has, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents and other things, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, it may\n(a) issue a summons requiring a person\n(i) to appear at the time and place stated in the summons to testify to all matters within the person’s knowledge relative to any subject matter before the Tribunal, and\n(ii) to bring and produce any document, book or paper in the person’s possession or under the person’s control relative to that subject matter;\n(b) administer oaths and examine any person on oath; and\n(c) during a hearing, receive any evidence that it considers relevant and trustworthy.",
|
| 773 |
"history": "1995, c. 40, s. 41; 2012, c. 24, s. 102",
|
| 774 |
"last_amended": "2019-01-15",
|
| 775 |
+
"in_force": "2019-01-15",
|
| 776 |
+
"status": "in force",
|
| 777 |
"current_to": "2022-03-22",
|
| 778 |
"citation": "AAAMPA, s. 41",
|
| 779 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-41.html"
|
|
|
|
| 791 |
"text": "42 The Tribunal may, with the approval of the Governor in Council, make rules governing\n(a) the practice and procedure in respect of hearings;\n(b) the time and manner in which applications and notices must be made or given; and\n(c) the work of the Tribunal under this or any other Act of Parliament.",
|
| 792 |
"history": "1995, c. 40, s. 42; 2012, c. 24, s. 102",
|
| 793 |
"last_amended": "2019-01-15",
|
| 794 |
+
"in_force": "2019-01-15",
|
| 795 |
+
"status": "in force",
|
| 796 |
"current_to": "2022-03-22",
|
| 797 |
"citation": "AAAMPA, s. 42",
|
| 798 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-42.html"
|
|
|
|
| 810 |
"text": "43 The members of the Tribunal may consult with other members of the Tribunal in respect of any matter before it.",
|
| 811 |
"history": "1995, c. 40, s. 43; 2012, c. 24, s. 102",
|
| 812 |
"last_amended": "2019-01-15",
|
| 813 |
+
"in_force": "2019-01-15",
|
| 814 |
+
"status": "in force",
|
| 815 |
"current_to": "2022-03-22",
|
| 816 |
"citation": "AAAMPA, s. 43",
|
| 817 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-43.html"
|
|
|
|
| 829 |
"text": "44 The Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it. It must deal with matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.",
|
| 830 |
"history": "1995, c. 40, s. 44; 2012, c. 24, s. 102",
|
| 831 |
"last_amended": "2019-01-15",
|
| 832 |
+
"in_force": "2019-01-15",
|
| 833 |
+
"status": "in force",
|
| 834 |
"current_to": "2022-03-22",
|
| 835 |
"citation": "AAAMPA, s. 44",
|
| 836 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-44.html"
|
|
|
|
| 848 |
"text": "45 The Tribunal is not entitled to receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.",
|
| 849 |
"history": "1995, c. 40, s. 45; 2012, c. 24, s. 102",
|
| 850 |
"last_amended": "2019-01-15",
|
| 851 |
+
"in_force": "2019-01-15",
|
| 852 |
+
"status": "in force",
|
| 853 |
"current_to": "2022-03-22",
|
| 854 |
"citation": "AAAMPA, s. 45",
|
| 855 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-45.html"
|
|
|
|
| 867 |
"text": "46 to 89 [Repealed, 2012, c. 24, s. 102]",
|
| 868 |
"history": "",
|
| 869 |
"last_amended": "2019-01-15",
|
| 870 |
+
"in_force": "2019-01-15",
|
| 871 |
+
"status": "in force",
|
| 872 |
"current_to": "2022-03-22",
|
| 873 |
"citation": "AAAMPA, s. 46 to 89",
|
| 874 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-46 to 89.html"
|
|
|
|
| 886 |
"text": "90 [Repealed, 2012, c. 24, s. 102]",
|
| 887 |
"history": "",
|
| 888 |
"last_amended": "2019-01-15",
|
| 889 |
+
"in_force": "2019-01-15",
|
| 890 |
+
"status": "repealed",
|
| 891 |
"current_to": "2022-03-22",
|
| 892 |
"citation": "AAAMPA, s. 90",
|
| 893 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/a-8.8/section-90.html"
|
|
@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1 This Act may be cited as the Canada Border Services Agency Act.",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 15 |
"current_to": "2024-11-11",
|
| 16 |
"citation": "CBSA Act, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2 The following definitions apply in this Act.\nAgency means the Canada Border Services Agency established under subsection 3(1). (Agence)\nMinister means the Minister of Public Safety and Emergency Preparedness. (ministre)\nPresident means the President of the Agency appointed under subsection 7(1). (président)\nprogram legislation means any other Act of Parliament or any instrument made under it, or any part of such an Act or instrument,\n(a) that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to administer and enforce, including the Excise Act, the Special Import Measures Act, the Customs Act, the Customs Tariff, the Immigration and Refugee Protection Act, the Excise Act, 2001 and the Select Luxury Items Tax Act;\n(b) that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act;\n(c) under which the Minister or another minister authorizes the Agency, the President or an employee of the Agency to administer a program or carry out an activity; or\n(d) under which duties or taxes collected and paid pursuant to the Customs Act are imposed. (législation frontalière)",
|
| 30 |
"history": "2005, c. 38, ss. 2, 145; 2012, c. 24, s. 107; 2022, c. 10, s. 167",
|
| 31 |
"last_amended": "2022-09-01",
|
|
|
|
|
|
|
| 32 |
"current_to": "2024-11-11",
|
| 33 |
"citation": "CBSA Act, s. 2",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-2.html"
|
|
@@ -46,6 +50,8 @@
|
|
| 46 |
"text": "3\n(1) The Canada Border Services Agency is established as a body corporate.\n(2) [Agent of Her Majesty] The Agency is for all purposes an agent of Her Majesty in right of Canada.",
|
| 47 |
"history": "",
|
| 48 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 49 |
"current_to": "2024-11-11",
|
| 50 |
"citation": "CBSA Act, s. 3",
|
| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-3.html"
|
|
@@ -63,6 +69,8 @@
|
|
| 63 |
"text": "4 The head office of the Agency is to be in the National Capital Region described in the schedule to the National Capital Act.",
|
| 64 |
"history": "",
|
| 65 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 66 |
"current_to": "2024-11-11",
|
| 67 |
"citation": "CBSA Act, s. 4",
|
| 68 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-4.html"
|
|
@@ -80,6 +88,8 @@
|
|
| 80 |
"text": "5\n(1) The Agency is responsible for providing integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods, including animals and plants, that meet all requirements under the program legislation, by\n(a) supporting the administration or enforcement, or both, as the case may be, of the program legislation;\n(b) implementing agreements between the Government of Canada or the Agency and a foreign state or a public body performing a function of government in a foreign state to carry out an activity, provide a service or administer a tax or program;\n(c) implementing agreements between the Government of Canada or the Agency and the government of a province or other public body performing a function of the Government in Canada to carry out an activity, provide a service or administer a tax or program;\n(d) implementing agreements or arrangements between the Agency and departments or agencies of the Government of Canada to carry out an activity, provide a service or administer a program; and\n(e) providing cooperation and support, including advice and information, to other departments and agencies of the Government of Canada to assist them in developing, evaluating and implementing policies and decisions in relation to program legislation for which they have responsibility.\n(2) [Support] The Agency may provide support, through the provision of services, to departments and agencies for which the Minister is responsible, in accordance with agreements or arrangements entered into with those departments and agencies.",
|
| 81 |
"history": "",
|
| 82 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 83 |
"current_to": "2024-11-11",
|
| 84 |
"citation": "CBSA Act, s. 5",
|
| 85 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-5.html"
|
|
@@ -97,6 +107,8 @@
|
|
| 97 |
"text": "6\n(1) The Minister is responsible for the Agency.\n(2) [Delegation by Minister] The Minister may delegate to any person any power, duty or function conferred on the Minister under this Act or under the program legislation.\n(3) [Exception] Subsection (2) does not apply if an Act of Parliament other than this Act authorizes the Minister to delegate the power, duty or function to any person or authorizes any person to exercise or perform it.\n(4) [Limitation] Subsection (2) does not apply in respect of a power to make regulations.",
|
| 98 |
"history": "",
|
| 99 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 100 |
"current_to": "2024-11-11",
|
| 101 |
"citation": "CBSA Act, s. 6",
|
| 102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-6.html"
|
|
@@ -114,6 +126,8 @@
|
|
| 114 |
"text": "7\n(1) The Governor in Council shall appoint a President of the Agency to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms.\n(2) [Executive Vice-president] The Governor in Council may appoint an Executive Vice-president of the Agency to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms.",
|
| 115 |
"history": "",
|
| 116 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 117 |
"current_to": "2024-11-11",
|
| 118 |
"citation": "CBSA Act, s. 7",
|
| 119 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-7.html"
|
|
@@ -131,6 +145,8 @@
|
|
| 131 |
"text": "8\n(1) The President, under the direction of the Minister, has the control and management of the Agency and all matters connected with it.\n(2) [Rank of deputy head] The President has the rank and all the powers of a deputy head of a department.\n(3) [Executive Vice-president’s powers] The Executive Vice-president shall exercise the powers and perform the duties and functions that the President may assign and shall act as President if that office is vacant or if the President is absent or incapacitated.",
|
| 132 |
"history": "",
|
| 133 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 134 |
"current_to": "2024-11-11",
|
| 135 |
"citation": "CBSA Act, s. 8",
|
| 136 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-8.html"
|
|
@@ -148,6 +164,8 @@
|
|
| 148 |
"text": "9\n(1) The President may delegate to any person any power, duty or function that the President is authorized to exercise or perform under this Act or any other enactment.\n(2) [Designation of officers] The President may designate any person, or person within a class of persons,\n(a) as an officer as defined in subsection 2(1) of the Customs Act to exercise any powers or perform any duties and functions of an officer under that Act that the President may specify; or\n(b) as an inspector or a veterinary inspector or other officer for the enforcement of any Act or instrument made under it, or any part of an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act.\n(3) [Designation power] The President may exercise any power that the Minister has to designate officers under subsection 6(1) of the Immigration and Refugee Protection Act.",
|
| 149 |
"history": "2005, c. 38, s. 9; 2012, c. 24, s. 108",
|
| 150 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 151 |
"current_to": "2024-11-11",
|
| 152 |
"citation": "CBSA Act, s. 9",
|
| 153 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-9.html"
|
|
@@ -165,6 +183,8 @@
|
|
| 165 |
"text": "10\n(1) The President and the Executive Vice-president shall be paid the remuneration that is fixed by the Governor in Council.\n(2) [Expenses] The President and the Executive Vice-president are entitled to be paid reasonable travel and living expenses incurred by them in the course of performing their duties while absent from their ordinary place of work.\n(3) [Deemed employment] The President and the Executive Vice-president are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.",
|
| 166 |
"history": "2005, c. 38, ss. 10, 144(E)",
|
| 167 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 168 |
"current_to": "2024-11-11",
|
| 169 |
"citation": "CBSA Act, s. 10",
|
| 170 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-10.html"
|
|
@@ -182,6 +202,8 @@
|
|
| 182 |
"text": "11 Officers and employees necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act.",
|
| 183 |
"history": "",
|
| 184 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 185 |
"current_to": "2024-11-11",
|
| 186 |
"citation": "CBSA Act, s. 11",
|
| 187 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-11.html"
|
|
@@ -199,6 +221,8 @@
|
|
| 199 |
"text": "12\n(1) Subject to any direction given by the Minister, the Agency may exercise the powers, and shall perform the duties and functions, that relate to the program legislation and that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation.\n(2) [Officers and employees] An officer or employee of the Agency may exercise any power or perform any duty or function referred to in subsection (1) if the officer or employee is appointed to serve in the Agency in a capacity appropriate to the exercise of the power or the performance of the duty or function, and, in so doing, shall comply with any general or special direction given by the Minister.\n(3) [Exception] Subsection (1) does not include\n(a) any power, duty or function of the Minister under this Act; or\n(b) a power to make regulations.\n(4) [Non-application of Statutory Instruments Act] A direction given by the Minister under subsection (1) or (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.",
|
| 200 |
"history": "",
|
| 201 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 202 |
"current_to": "2024-11-11",
|
| 203 |
"citation": "CBSA Act, s. 12",
|
| 204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-12.html"
|
|
@@ -216,6 +240,8 @@
|
|
| 216 |
"text": "13\n(1) Subject to sections 38 and 38.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Agency may, with the approval of the Governor in Council, on the recommendation of the Minister and the Minister of Foreign Affairs, enter into an agreement with a foreign state or an international organization, for the purposes of carrying out the mandate of the Agency.\n(2) [Arrangements and agreements] The Agency may, for the purposes of carrying out its mandate,\n(a) enter into an arrangement with a foreign state or an international organization; or\n(b) enter into an agreement or arrangement with the government of a province, a department or agency of the Government of Canada or any person or organization.",
|
| 217 |
"history": "2005, c. 38, s. 13; 2006, c. 12, s. 46",
|
| 218 |
"last_amended": "2007-02-10",
|
|
|
|
|
|
|
| 219 |
"current_to": "2024-11-11",
|
| 220 |
"citation": "CBSA Act, s. 13",
|
| 221 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-13.html"
|
|
@@ -233,6 +259,8 @@
|
|
| 233 |
"text": "14\n(1) The Agency may enter into or amend an agreement with a provincial or territorial government to administer a tax or other fiscal measure if the agreement is in accordance with guidelines relating to agreements of that kind established jointly by the Minister and the Minister of Finance.\n(2) [Application of the Federal-Provincial Fiscal Arrangements Act] Parts III and III.1 of the Federal-Provincial Fiscal Arrangements Act do not apply to an agreement entered into or amended under subsection (1).",
|
| 234 |
"history": "",
|
| 235 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 236 |
"current_to": "2024-11-11",
|
| 237 |
"citation": "CBSA Act, s. 14",
|
| 238 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-14.html"
|
|
@@ -250,6 +278,8 @@
|
|
| 250 |
"text": "15 An appropriation Act may provide that the balance of money appropriated by Parliament for the use of the Agency that remains unexpended at the end of the fiscal year, after the adjustments referred to in section 37 of the Financial Administration Act are made, lapses at the end of the following fiscal year.",
|
| 251 |
"history": "",
|
| 252 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 253 |
"current_to": "2024-11-11",
|
| 254 |
"citation": "CBSA Act, s. 15",
|
| 255 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-15.html"
|
|
@@ -267,6 +297,8 @@
|
|
| 267 |
"text": "15.1\n(1) The Minister shall, as soon as possible after the end of each fiscal year but no later than the end of the calendar year in which that fiscal year ends, cause to be laid before each House of Parliament a report of the operations and performance of the Agency for that fiscal year.\n(2) [Reports required by Treasury Board] The obligation imposed by subsection (1) may be satisfied by the tabling of any reports of the operations and performance of the Agency required by the Treasury Board that contain the information required by that subsection.",
|
| 268 |
"history": "",
|
| 269 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 270 |
"current_to": "2024-11-11",
|
| 271 |
"citation": "CBSA Act, s. 15.1",
|
| 272 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-15.1.html"
|
|
@@ -284,6 +316,8 @@
|
|
| 284 |
"text": "16 The following definitions apply in sections 17 to 19 and 21 to 28.\nformer agency means the portion of the federal public administration known as the Canada Border Services Agency. (ancienne agence)\nnew agency means the Canada Border Services Agency established under subsection 3(1). (nouvelle agence)\norder P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. (décret C.P. 2003-2064)",
|
| 285 |
"history": "2005, c. 38, ss. 16, 144(E)",
|
| 286 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 287 |
"current_to": "2024-11-11",
|
| 288 |
"citation": "CBSA Act, s. 16",
|
| 289 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-16.html"
|
|
@@ -301,6 +335,8 @@
|
|
| 301 |
"text": "17\n(1) The persons occupying the positions of President and Executive Vice-president of the former agency on the day on which this section comes into force become the President and Executive Vice-president of the new agency on that day and are deemed to have been appointed under section 7.\n(2) [Positions] Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former agency, except that the employee shall, on the coming into force of this section, occupy his or her position in the new agency under the direction of the President.\n(3) [Definition of employee] In subsection (2), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.",
|
| 302 |
"history": "",
|
| 303 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 304 |
"current_to": "2024-11-11",
|
| 305 |
"citation": "CBSA Act, s. 17",
|
| 306 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-17.html"
|
|
@@ -318,6 +354,8 @@
|
|
| 318 |
"text": "18\n(1) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the federal public administration for the former agency that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the federal public administration for the new agency.\n(2) [Transfer of powers, duties and functions] Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the President of the former agency or an employee of the former agency, the power, duty or function is vested in and shall be exercised by the President of the new agency or an employee of the new agency unless the Governor in Council by order designates a deputy minister or an officer of the federal public administration to exercise that power or perform that duty or function.\n(3) [Continuation of proceedings] Any action, suit or other legal or administrative proceeding to which the former agency or its President is a party that is pending on the coming into force of this section may be continued by or against the new agency or its President in a similar manner and to the same extent as it would have been continued by or against the former agency or its President.\n(4) [Deeming] Decisions made by the President of the former agency are deemed to be decisions made by the President of the new agency.\n(5) [Validity of documents] All orders, rules, regulations, decisions, determinations and re-determinations, directions, licences, authorizations, certificates, consents, approvals, declarations, designations, permits, registrations, rates or other documents that are in force on the coming into force of this section and that are made or issued by the President of the former agency or any person under his or her authority continue in force as if they were made or issued by the President of the new agency or a person under his or her authority, as the case may be, until they expire or are repealed, replaced, rescinded or altered.\n(6) [Continuation of evidentiary presumption] Every affidavit sworn, or document purporting to be certified, by an employee of the former agency before the day on which this section comes into force has the same probative value as if it were sworn or certified by an employee of the new agency after that day.",
|
| 319 |
"history": "2005, c. 38, ss. 18, 144(E)",
|
| 320 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 321 |
"current_to": "2024-11-11",
|
| 322 |
"citation": "CBSA Act, s. 18",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-18.html"
|
|
@@ -335,6 +373,8 @@
|
|
| 335 |
"text": "19\n(1) A reference to the former agency in any of the following is deemed to be a reference to the new agency:\n(a) Schedule I to the Access to Information Act under the heading “Other Government Institutions”;\n(b) the schedule to the Privacy Act;\n(c) Part I of Schedule I to the Public Service Staff Relations Act;\n(d) any order of the Governor in Council made under paragraph (b) of the definition head in section 3 of the Access to Information Act;\n(e) any direction of the Governor in Council made under subsection 24(3) of the Auditor General Act;\n(f) any order of the Governor in Council made under paragraph 29(e) of the Canadian Security Intelligence Service Act;\n(g) any order of the Governor in Council made under paragraph (b) of the definition head in section 3 of the Privacy Act; and\n(h) any order of the Governor in Council made under the definition department in subsection 2(1) of the Public Service Employment Act.\n(2) [Deputy head] The designation of a person as deputy head of the former agency in any of the following is deemed to be a designation of the President of the new agency as deputy head of that agency:\n(a) any order of the Governor in Council made under paragraph 29(e) of the Canadian Security Intelligence Service Act; and\n(b) any order of the Governor in Council made under the definition deputy head in subsection 2(1) of the Public Service Employment Act.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 338 |
"current_to": "2024-11-11",
|
| 339 |
"citation": "CBSA Act, s. 19",
|
| 340 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-19.html"
|
|
@@ -352,6 +392,8 @@
|
|
| 352 |
"text": "20 Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the Canada Customs and Revenue Agency, except that the employee shall occupy that position in the Canada Revenue Agency.",
|
| 353 |
"history": "",
|
| 354 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 355 |
"current_to": "2024-11-11",
|
| 356 |
"citation": "CBSA Act, s. 20",
|
| 357 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-20.html"
|
|
@@ -369,6 +411,8 @@
|
|
| 369 |
"text": "21\n(1) Subject to subsection (2), all rights and property of the Canada Customs and Revenue Agency continue as the rights and property of the Canada Revenue Agency.\n(2) [Transfer to new agency] All rights and property of the Canada Customs and Revenue Agency that are in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 are transferred to the new agency.",
|
| 370 |
"history": "",
|
| 371 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 372 |
"current_to": "2024-11-11",
|
| 373 |
"citation": "CBSA Act, s. 21",
|
| 374 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-21.html"
|
|
@@ -386,6 +430,8 @@
|
|
| 386 |
"text": "22\n(1) Subject to subsection (2), all obligations and liabilities of the Canada Customs and Revenue Agency continue as obligations and liabilities of the Canada Revenue Agency.\n(2) [Transfer to new agency] All obligations and liabilities of the Canada Customs and Revenue Agency that were incurred in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 are transferred to the new agency.",
|
| 387 |
"history": "",
|
| 388 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 389 |
"current_to": "2024-11-11",
|
| 390 |
"citation": "CBSA Act, s. 22",
|
| 391 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-22.html"
|
|
@@ -403,6 +449,8 @@
|
|
| 403 |
"text": "23\n(1) The administration of any real property or immovable, and the administrative responsibility for any licence in respect of any real property or immovable, that was under the administration or administrative responsibility of the Canada Customs and Revenue Agency immediately before the coming into force of this section and that was used for or in support of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 are transferred to the Minister.\n(2) [List] As soon as practicable after the coming into force of this section, the Minister of National Revenue shall publish in the Canada Gazette a list of the real property and immovables the administration of which was transferred under subsection (1) in such a way that each is sufficiently identified.\n(3) [Title] Where the title of any real property or immovable was held in the name of the Canada Customs and Revenue Agency immediately before the coming into force of this section and that real property or immovable was used for or in support of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064, the title to that real property or immovable is deemed to be held in the name of Her Majesty in right of Canada.\n(4) [Other real property, immovables and licences — Canada Revenue Agency] The administration of any real property or immovable, and the administrative responsibility for any licence in respect of any real property or immovable, that is not referred to in subsection (1) and that was under the administration or administrative responsibility of the Canada Customs and Revenue Agency immediately before the coming into force of this section continues under the administration or administrative responsibility, as the case may be, of the Canada Revenue Agency.",
|
| 404 |
"history": "",
|
| 405 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 406 |
"current_to": "2024-11-11",
|
| 407 |
"citation": "CBSA Act, s. 23",
|
| 408 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-23.html"
|
|
@@ -420,6 +468,8 @@
|
|
| 420 |
"text": "24\n(1) Subject to subsection (2), any action, suit or other legal or administrative proceeding to which the Canada Customs and Revenue Agency is a party that is pending on the coming into force of this section may be continued by or against the Canada Revenue Agency in the same manner and to the same extent as it could have been continued by or against the Canada Customs and Revenue Agency.\n(2) [Continuation of legal proceedings: new agency] Any action, suit or other legal or administrative proceeding to which the Canada Customs and Revenue Agency is a party that is pending on the coming into force of this section may be continued by or against the new agency in the same manner and to the same extent as it could have been continued by or against the Canada Customs and Revenue Agency in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064.",
|
| 421 |
"history": "",
|
| 422 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 423 |
"current_to": "2024-11-11",
|
| 424 |
"citation": "CBSA Act, s. 24",
|
| 425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-24.html"
|
|
@@ -437,6 +487,8 @@
|
|
| 437 |
"text": "25\n(1) Subject to subsection (2), all orders, rules, regulations, decisions, determinations and re-determinations, directions, licences, authorizations, certificates, consents, approvals, declarations, designations, permits, registrations, rates or other documents that are in force on the coming into force of this section and that were made or issued by the Minister of National Revenue or by the Commissioner of Customs and Revenue or any person under their authority continue in force as if they were made or issued by the Minister of National Revenue or the Commissioner of Revenue or any person under their authority, as the case may be, until they expire or are repealed, replaced, rescinded or altered.\n(2) [Validity of documents] All orders, rules, regulations, decisions, determinations and re-determinations, directions, licences, authorizations, certificates, consents, approvals, declarations, designations, permits, registrations, rates or other documents that are in force on the coming into force of this section and that were made or issued by the Minister of National Revenue or by the Commissioner of Customs and Revenue or any person under their authority that are in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 continue in force as if they were made or issued by the Minister, the President of the new agency or a person under their authority, as the case may be, until they expire or are repealed, replaced, rescinded or altered.",
|
| 438 |
"history": "",
|
| 439 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 440 |
"current_to": "2024-11-11",
|
| 441 |
"citation": "CBSA Act, s. 25",
|
| 442 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-25.html"
|
|
@@ -454,6 +506,8 @@
|
|
| 454 |
"text": "26\n(1) Subject to subsection (2), every affidavit sworn, or document purporting to be certified, by an employee of the Canada Customs and Revenue Agency before the day on which this section comes into force has the same probative value as if it were sworn or certified by an employee of the Canada Revenue Agency after that day.\n(2) [Continuation of evidentiary presumption: Canada Border Services Agency] Every affidavit sworn, or document purporting to be certified, by an employee of the Canada Customs and Revenue Agency before the day on which this section comes into force that was sworn or was purported to be certified in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 has the same probative value as if it were sworn or certified by an employee of the new agency after that day.",
|
| 455 |
"history": "",
|
| 456 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 457 |
"current_to": "2024-11-11",
|
| 458 |
"citation": "CBSA Act, s. 26",
|
| 459 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-26.html"
|
|
@@ -471,6 +525,8 @@
|
|
| 471 |
"text": "27\n(1) Subject to subsection (2), every reference to the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue, the Deputy Commissioner of Customs and Revenue or any person under their authority in a document issued in the name of the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue or the Deputy Commissioner of Customs and Revenue is to be read, unless the context otherwise requires, as a reference to the Canada Revenue Agency, the Commissioner of Revenue, the Deputy Commissioner of Revenue or a person under their authority, as the case may be.\n(2) [References] Every reference to the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue, the Deputy Commissioner of Customs and Revenue or any person under their authority in a document issued in the name of the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue or the Deputy Commissioner of Customs and Revenue is to be read in respect of those documents that relate to those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064, unless the context otherwise requires, as a reference to the new agency, the President of the new agency, the Executive Vice-president of the new agency or a person under their authority, as the case may be.",
|
| 472 |
"history": "",
|
| 473 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 474 |
"current_to": "2024-11-11",
|
| 475 |
"citation": "CBSA Act, s. 27",
|
| 476 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-27.html"
|
|
@@ -488,6 +544,8 @@
|
|
| 488 |
"text": "28\n(1) Subject to subsection (2), any expression referring to the Deputy Minister of National Revenue, the Department of National Revenue, the Commissioner of Customs and Revenue or the Canada Customs and Revenue Agency in any document, any instrument made under an Act of Parliament or any provision of an Act of Parliament not amended by this Act is to be read, unless the context otherwise requires, as a reference to the Commissioner of Revenue or the Canada Revenue Agency, as the case may be.\n(2) [References in documents and other provisions: Canada Border Services Agency] Any expression referring to the Deputy Minister of National Revenue, the Department of National Revenue, the Commissioner of Customs and Revenue or the Canada Customs and Revenue Agency in any document, any instrument made under an Act of Parliament or any provision of an Act of Parliament not amended by this Act and the document, instrument or provision is in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 is to be read, unless the context otherwise requires, as a reference to the President of the new agency or the new agency, as the case may be.",
|
| 489 |
"history": "",
|
| 490 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 491 |
"current_to": "2024-11-11",
|
| 492 |
"citation": "CBSA Act, s. 28",
|
| 493 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-28.html"
|
|
@@ -505,6 +563,8 @@
|
|
| 505 |
"text": "29 The Minister of National Revenue is the Minister for the purposes of the Royal Canadian Mint Act until another member of the Queen’s Privy Council for Canada is designated under section 2.1 of that Act, as enacted by section 130 of this Act.",
|
| 506 |
"history": "",
|
| 507 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 508 |
"current_to": "2024-11-11",
|
| 509 |
"citation": "CBSA Act, s. 29",
|
| 510 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-29.html"
|
|
@@ -522,6 +582,8 @@
|
|
| 522 |
"text": "30 [Amendment]",
|
| 523 |
"history": "",
|
| 524 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 525 |
"current_to": "2024-11-11",
|
| 526 |
"citation": "CBSA Act, s. 30",
|
| 527 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-30.html"
|
|
@@ -539,6 +601,8 @@
|
|
| 539 |
"text": "31 [Amendment]",
|
| 540 |
"history": "",
|
| 541 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 542 |
"current_to": "2024-11-11",
|
| 543 |
"citation": "CBSA Act, s. 31",
|
| 544 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-31.html"
|
|
@@ -556,6 +620,8 @@
|
|
| 556 |
"text": "32 [Amendment]",
|
| 557 |
"history": "",
|
| 558 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 559 |
"current_to": "2024-11-11",
|
| 560 |
"citation": "CBSA Act, s. 32",
|
| 561 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-32.html"
|
|
@@ -573,6 +639,8 @@
|
|
| 573 |
"text": "33 [Amendment]",
|
| 574 |
"history": "",
|
| 575 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 576 |
"current_to": "2024-11-11",
|
| 577 |
"citation": "CBSA Act, s. 33",
|
| 578 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-33.html"
|
|
@@ -590,6 +658,8 @@
|
|
| 590 |
"text": "34 [Amendment]",
|
| 591 |
"history": "",
|
| 592 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 593 |
"current_to": "2024-11-11",
|
| 594 |
"citation": "CBSA Act, s. 34",
|
| 595 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-34.html"
|
|
@@ -607,6 +677,8 @@
|
|
| 607 |
"text": "35 [Amendment]",
|
| 608 |
"history": "",
|
| 609 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 610 |
"current_to": "2024-11-11",
|
| 611 |
"citation": "CBSA Act, s. 35",
|
| 612 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-35.html"
|
|
@@ -624,6 +696,8 @@
|
|
| 624 |
"text": "36 [Amendments]",
|
| 625 |
"history": "",
|
| 626 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 627 |
"current_to": "2024-11-11",
|
| 628 |
"citation": "CBSA Act, s. 36",
|
| 629 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-36.html"
|
|
@@ -641,6 +715,8 @@
|
|
| 641 |
"text": "37 [Amendment]",
|
| 642 |
"history": "",
|
| 643 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 644 |
"current_to": "2024-11-11",
|
| 645 |
"citation": "CBSA Act, s. 37",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-37.html"
|
|
@@ -658,6 +734,8 @@
|
|
| 658 |
"text": "38 [Amendment]",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 661 |
"current_to": "2024-11-11",
|
| 662 |
"citation": "CBSA Act, s. 38",
|
| 663 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-38.html"
|
|
@@ -675,6 +753,8 @@
|
|
| 675 |
"text": "39 [Amendment]",
|
| 676 |
"history": "",
|
| 677 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 678 |
"current_to": "2024-11-11",
|
| 679 |
"citation": "CBSA Act, s. 39",
|
| 680 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-39.html"
|
|
@@ -692,6 +772,8 @@
|
|
| 692 |
"text": "40 [Amendments]",
|
| 693 |
"history": "",
|
| 694 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 695 |
"current_to": "2024-11-11",
|
| 696 |
"citation": "CBSA Act, s. 40",
|
| 697 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-40.html"
|
|
@@ -709,6 +791,8 @@
|
|
| 709 |
"text": "41 [Amendment]",
|
| 710 |
"history": "",
|
| 711 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 712 |
"current_to": "2024-11-11",
|
| 713 |
"citation": "CBSA Act, s. 41",
|
| 714 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-41.html"
|
|
@@ -726,6 +810,8 @@
|
|
| 726 |
"text": "42 [Amendment]",
|
| 727 |
"history": "",
|
| 728 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 729 |
"current_to": "2024-11-11",
|
| 730 |
"citation": "CBSA Act, s. 42",
|
| 731 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-42.html"
|
|
@@ -743,6 +829,8 @@
|
|
| 743 |
"text": "43 [Amendment]",
|
| 744 |
"history": "",
|
| 745 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 746 |
"current_to": "2024-11-11",
|
| 747 |
"citation": "CBSA Act, s. 43",
|
| 748 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-43.html"
|
|
@@ -760,6 +848,8 @@
|
|
| 760 |
"text": "44 [Amendment]",
|
| 761 |
"history": "",
|
| 762 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 763 |
"current_to": "2024-11-11",
|
| 764 |
"citation": "CBSA Act, s. 44",
|
| 765 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-44.html"
|
|
@@ -777,6 +867,8 @@
|
|
| 777 |
"text": "45 [Amendment]",
|
| 778 |
"history": "",
|
| 779 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 780 |
"current_to": "2024-11-11",
|
| 781 |
"citation": "CBSA Act, s. 45",
|
| 782 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-45.html"
|
|
@@ -794,6 +886,8 @@
|
|
| 794 |
"text": "46 [Amendment]",
|
| 795 |
"history": "",
|
| 796 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 797 |
"current_to": "2024-11-11",
|
| 798 |
"citation": "CBSA Act, s. 46",
|
| 799 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-46.html"
|
|
@@ -811,6 +905,8 @@
|
|
| 811 |
"text": "47 [Amendment]",
|
| 812 |
"history": "",
|
| 813 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 814 |
"current_to": "2024-11-11",
|
| 815 |
"citation": "CBSA Act, s. 47",
|
| 816 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-47.html"
|
|
@@ -828,6 +924,8 @@
|
|
| 828 |
"text": "48 [Amendment]",
|
| 829 |
"history": "",
|
| 830 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 831 |
"current_to": "2024-11-11",
|
| 832 |
"citation": "CBSA Act, s. 48",
|
| 833 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-48.html"
|
|
@@ -845,6 +943,8 @@
|
|
| 845 |
"text": "49 [Amendment]",
|
| 846 |
"history": "",
|
| 847 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 848 |
"current_to": "2024-11-11",
|
| 849 |
"citation": "CBSA Act, s. 49",
|
| 850 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-49.html"
|
|
@@ -862,6 +962,8 @@
|
|
| 862 |
"text": "50 [Amendment]",
|
| 863 |
"history": "",
|
| 864 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 865 |
"current_to": "2024-11-11",
|
| 866 |
"citation": "CBSA Act, s. 50",
|
| 867 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-50.html"
|
|
@@ -879,6 +981,8 @@
|
|
| 879 |
"text": "51 [Amendment]",
|
| 880 |
"history": "",
|
| 881 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 882 |
"current_to": "2024-11-11",
|
| 883 |
"citation": "CBSA Act, s. 51",
|
| 884 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-51.html"
|
|
@@ -896,6 +1000,8 @@
|
|
| 896 |
"text": "52 [Amendment]",
|
| 897 |
"history": "",
|
| 898 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 899 |
"current_to": "2024-11-11",
|
| 900 |
"citation": "CBSA Act, s. 52",
|
| 901 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-52.html"
|
|
@@ -913,6 +1019,8 @@
|
|
| 913 |
"text": "53 [Amendment]",
|
| 914 |
"history": "",
|
| 915 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 916 |
"current_to": "2024-11-11",
|
| 917 |
"citation": "CBSA Act, s. 53",
|
| 918 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-53.html"
|
|
@@ -930,6 +1038,8 @@
|
|
| 930 |
"text": "54 [Amendment]",
|
| 931 |
"history": "",
|
| 932 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 933 |
"current_to": "2024-11-11",
|
| 934 |
"citation": "CBSA Act, s. 54",
|
| 935 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-54.html"
|
|
@@ -947,6 +1057,8 @@
|
|
| 947 |
"text": "55 [Amendments]",
|
| 948 |
"history": "",
|
| 949 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 950 |
"current_to": "2024-11-11",
|
| 951 |
"citation": "CBSA Act, s. 55",
|
| 952 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-55.html"
|
|
@@ -964,6 +1076,8 @@
|
|
| 964 |
"text": "56 [Related provision]",
|
| 965 |
"history": "",
|
| 966 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 967 |
"current_to": "2024-11-11",
|
| 968 |
"citation": "CBSA Act, s. 56",
|
| 969 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-56.html"
|
|
@@ -981,6 +1095,8 @@
|
|
| 981 |
"text": "57 [Amendment]",
|
| 982 |
"history": "",
|
| 983 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 984 |
"current_to": "2024-11-11",
|
| 985 |
"citation": "CBSA Act, s. 57",
|
| 986 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-57.html"
|
|
@@ -998,6 +1114,8 @@
|
|
| 998 |
"text": "58 [Amendments]",
|
| 999 |
"history": "",
|
| 1000 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1001 |
"current_to": "2024-11-11",
|
| 1002 |
"citation": "CBSA Act, s. 58",
|
| 1003 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-58.html"
|
|
@@ -1015,6 +1133,8 @@
|
|
| 1015 |
"text": "59 [Amendment]",
|
| 1016 |
"history": "",
|
| 1017 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1018 |
"current_to": "2024-11-11",
|
| 1019 |
"citation": "CBSA Act, s. 59",
|
| 1020 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-59.html"
|
|
@@ -1032,6 +1152,8 @@
|
|
| 1032 |
"text": "60 [Amendments]",
|
| 1033 |
"history": "",
|
| 1034 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1035 |
"current_to": "2024-11-11",
|
| 1036 |
"citation": "CBSA Act, s. 60",
|
| 1037 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-60.html"
|
|
@@ -1049,6 +1171,8 @@
|
|
| 1049 |
"text": "61 [Amendment]",
|
| 1050 |
"history": "",
|
| 1051 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1052 |
"current_to": "2024-11-11",
|
| 1053 |
"citation": "CBSA Act, s. 61",
|
| 1054 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-61.html"
|
|
@@ -1066,6 +1190,8 @@
|
|
| 1066 |
"text": "62 [Amendment]",
|
| 1067 |
"history": "",
|
| 1068 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1069 |
"current_to": "2024-11-11",
|
| 1070 |
"citation": "CBSA Act, s. 62",
|
| 1071 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-62.html"
|
|
@@ -1083,6 +1209,8 @@
|
|
| 1083 |
"text": "63 [Amendment]",
|
| 1084 |
"history": "",
|
| 1085 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1086 |
"current_to": "2024-11-11",
|
| 1087 |
"citation": "CBSA Act, s. 63",
|
| 1088 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-63.html"
|
|
@@ -1100,6 +1228,8 @@
|
|
| 1100 |
"text": "64 [Amendment]",
|
| 1101 |
"history": "",
|
| 1102 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1103 |
"current_to": "2024-11-11",
|
| 1104 |
"citation": "CBSA Act, s. 64",
|
| 1105 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-64.html"
|
|
@@ -1117,6 +1247,8 @@
|
|
| 1117 |
"text": "65 [Amendment]",
|
| 1118 |
"history": "",
|
| 1119 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1120 |
"current_to": "2024-11-11",
|
| 1121 |
"citation": "CBSA Act, s. 65",
|
| 1122 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-65.html"
|
|
@@ -1134,6 +1266,8 @@
|
|
| 1134 |
"text": "66 [Amendment]",
|
| 1135 |
"history": "",
|
| 1136 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1137 |
"current_to": "2024-11-11",
|
| 1138 |
"citation": "CBSA Act, s. 66",
|
| 1139 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-66.html"
|
|
@@ -1151,6 +1285,8 @@
|
|
| 1151 |
"text": "67 [Amendment]",
|
| 1152 |
"history": "",
|
| 1153 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1154 |
"current_to": "2024-11-11",
|
| 1155 |
"citation": "CBSA Act, s. 67",
|
| 1156 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-67.html"
|
|
@@ -1168,6 +1304,8 @@
|
|
| 1168 |
"text": "68 [Amendment]",
|
| 1169 |
"history": "",
|
| 1170 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1171 |
"current_to": "2024-11-11",
|
| 1172 |
"citation": "CBSA Act, s. 68",
|
| 1173 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-68.html"
|
|
@@ -1185,6 +1323,8 @@
|
|
| 1185 |
"text": "69 [Amendment]",
|
| 1186 |
"history": "",
|
| 1187 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1188 |
"current_to": "2024-11-11",
|
| 1189 |
"citation": "CBSA Act, s. 69",
|
| 1190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-69.html"
|
|
@@ -1202,6 +1342,8 @@
|
|
| 1202 |
"text": "70 [Amendment]",
|
| 1203 |
"history": "",
|
| 1204 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1205 |
"current_to": "2024-11-11",
|
| 1206 |
"citation": "CBSA Act, s. 70",
|
| 1207 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-70.html"
|
|
@@ -1219,6 +1361,8 @@
|
|
| 1219 |
"text": "71 [Amendment]",
|
| 1220 |
"history": "",
|
| 1221 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1222 |
"current_to": "2024-11-11",
|
| 1223 |
"citation": "CBSA Act, s. 71",
|
| 1224 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-71.html"
|
|
@@ -1236,6 +1380,8 @@
|
|
| 1236 |
"text": "72 [Amendment]",
|
| 1237 |
"history": "",
|
| 1238 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1239 |
"current_to": "2024-11-11",
|
| 1240 |
"citation": "CBSA Act, s. 72",
|
| 1241 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-72.html"
|
|
@@ -1253,6 +1399,8 @@
|
|
| 1253 |
"text": "73 [Amendment]",
|
| 1254 |
"history": "",
|
| 1255 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1256 |
"current_to": "2024-11-11",
|
| 1257 |
"citation": "CBSA Act, s. 73",
|
| 1258 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-73.html"
|
|
@@ -1270,6 +1418,8 @@
|
|
| 1270 |
"text": "74 [Amendment]",
|
| 1271 |
"history": "",
|
| 1272 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1273 |
"current_to": "2024-11-11",
|
| 1274 |
"citation": "CBSA Act, s. 74",
|
| 1275 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-74.html"
|
|
@@ -1287,6 +1437,8 @@
|
|
| 1287 |
"text": "75 [Amendment]",
|
| 1288 |
"history": "",
|
| 1289 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1290 |
"current_to": "2024-11-11",
|
| 1291 |
"citation": "CBSA Act, s. 75",
|
| 1292 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-75.html"
|
|
@@ -1304,6 +1456,8 @@
|
|
| 1304 |
"text": "76 [Amendment]",
|
| 1305 |
"history": "",
|
| 1306 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1307 |
"current_to": "2024-11-11",
|
| 1308 |
"citation": "CBSA Act, s. 76",
|
| 1309 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-76.html"
|
|
@@ -1321,6 +1475,8 @@
|
|
| 1321 |
"text": "77 [Amendment]",
|
| 1322 |
"history": "",
|
| 1323 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1324 |
"current_to": "2024-11-11",
|
| 1325 |
"citation": "CBSA Act, s. 77",
|
| 1326 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-77.html"
|
|
@@ -1338,6 +1494,8 @@
|
|
| 1338 |
"text": "78 [Amendments]",
|
| 1339 |
"history": "",
|
| 1340 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1341 |
"current_to": "2024-11-11",
|
| 1342 |
"citation": "CBSA Act, s. 78",
|
| 1343 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-78.html"
|
|
@@ -1355,6 +1513,8 @@
|
|
| 1355 |
"text": "79 [Amendment]",
|
| 1356 |
"history": "",
|
| 1357 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1358 |
"current_to": "2024-11-11",
|
| 1359 |
"citation": "CBSA Act, s. 79",
|
| 1360 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-79.html"
|
|
@@ -1372,6 +1532,8 @@
|
|
| 1372 |
"text": "80 [Amendments]",
|
| 1373 |
"history": "",
|
| 1374 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1375 |
"current_to": "2024-11-11",
|
| 1376 |
"citation": "CBSA Act, s. 80",
|
| 1377 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-80.html"
|
|
@@ -1389,6 +1551,8 @@
|
|
| 1389 |
"text": "81 [Amendment]",
|
| 1390 |
"history": "",
|
| 1391 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1392 |
"current_to": "2024-11-11",
|
| 1393 |
"citation": "CBSA Act, s. 81",
|
| 1394 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-81.html"
|
|
@@ -1406,6 +1570,8 @@
|
|
| 1406 |
"text": "82 [Amendment]",
|
| 1407 |
"history": "",
|
| 1408 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1409 |
"current_to": "2024-11-11",
|
| 1410 |
"citation": "CBSA Act, s. 82",
|
| 1411 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-82.html"
|
|
@@ -1423,6 +1589,8 @@
|
|
| 1423 |
"text": "83 [Amendment]",
|
| 1424 |
"history": "",
|
| 1425 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1426 |
"current_to": "2024-11-11",
|
| 1427 |
"citation": "CBSA Act, s. 83",
|
| 1428 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-83.html"
|
|
@@ -1440,6 +1608,8 @@
|
|
| 1440 |
"text": "84 [Amendments]",
|
| 1441 |
"history": "",
|
| 1442 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1443 |
"current_to": "2024-11-11",
|
| 1444 |
"citation": "CBSA Act, s. 84",
|
| 1445 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-84.html"
|
|
@@ -1457,6 +1627,8 @@
|
|
| 1457 |
"text": "85 [Amendments]",
|
| 1458 |
"history": "",
|
| 1459 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1460 |
"current_to": "2024-11-11",
|
| 1461 |
"citation": "CBSA Act, s. 85",
|
| 1462 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-85.html"
|
|
@@ -1474,6 +1646,8 @@
|
|
| 1474 |
"text": "86 [Amendments]",
|
| 1475 |
"history": "",
|
| 1476 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1477 |
"current_to": "2024-11-11",
|
| 1478 |
"citation": "CBSA Act, s. 86",
|
| 1479 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-86.html"
|
|
@@ -1491,6 +1665,8 @@
|
|
| 1491 |
"text": "87 [Amendment]",
|
| 1492 |
"history": "",
|
| 1493 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1494 |
"current_to": "2024-11-11",
|
| 1495 |
"citation": "CBSA Act, s. 87",
|
| 1496 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-87.html"
|
|
@@ -1508,6 +1684,8 @@
|
|
| 1508 |
"text": "88 [Amendment]",
|
| 1509 |
"history": "",
|
| 1510 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1511 |
"current_to": "2024-11-11",
|
| 1512 |
"citation": "CBSA Act, s. 88",
|
| 1513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-88.html"
|
|
@@ -1525,6 +1703,8 @@
|
|
| 1525 |
"text": "89 [Amendments]",
|
| 1526 |
"history": "",
|
| 1527 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1528 |
"current_to": "2024-11-11",
|
| 1529 |
"citation": "CBSA Act, s. 89",
|
| 1530 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-89.html"
|
|
@@ -1542,6 +1722,8 @@
|
|
| 1542 |
"text": "90 [Amendment]",
|
| 1543 |
"history": "",
|
| 1544 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1545 |
"current_to": "2024-11-11",
|
| 1546 |
"citation": "CBSA Act, s. 90",
|
| 1547 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-90.html"
|
|
@@ -1559,6 +1741,8 @@
|
|
| 1559 |
"text": "91 [Amendment]",
|
| 1560 |
"history": "",
|
| 1561 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1562 |
"current_to": "2024-11-11",
|
| 1563 |
"citation": "CBSA Act, s. 91",
|
| 1564 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-91.html"
|
|
@@ -1576,6 +1760,8 @@
|
|
| 1576 |
"text": "92 [Amendment]",
|
| 1577 |
"history": "",
|
| 1578 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1579 |
"current_to": "2024-11-11",
|
| 1580 |
"citation": "CBSA Act, s. 92",
|
| 1581 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-92.html"
|
|
@@ -1593,6 +1779,8 @@
|
|
| 1593 |
"text": "93 [Amendment]",
|
| 1594 |
"history": "",
|
| 1595 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1596 |
"current_to": "2024-11-11",
|
| 1597 |
"citation": "CBSA Act, s. 93",
|
| 1598 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-93.html"
|
|
@@ -1610,6 +1798,8 @@
|
|
| 1610 |
"text": "94 [Amendments]",
|
| 1611 |
"history": "",
|
| 1612 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1613 |
"current_to": "2024-11-11",
|
| 1614 |
"citation": "CBSA Act, s. 94",
|
| 1615 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-94.html"
|
|
@@ -1627,6 +1817,8 @@
|
|
| 1627 |
"text": "95 [Amendments]",
|
| 1628 |
"history": "",
|
| 1629 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1630 |
"current_to": "2024-11-11",
|
| 1631 |
"citation": "CBSA Act, s. 95",
|
| 1632 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-95.html"
|
|
@@ -1644,6 +1836,8 @@
|
|
| 1644 |
"text": "96 [Amendment]",
|
| 1645 |
"history": "",
|
| 1646 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1647 |
"current_to": "2024-11-11",
|
| 1648 |
"citation": "CBSA Act, s. 96",
|
| 1649 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-96.html"
|
|
@@ -1661,6 +1855,8 @@
|
|
| 1661 |
"text": "97 [Amendment]",
|
| 1662 |
"history": "",
|
| 1663 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1664 |
"current_to": "2024-11-11",
|
| 1665 |
"citation": "CBSA Act, s. 97",
|
| 1666 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-97.html"
|
|
@@ -1678,6 +1874,8 @@
|
|
| 1678 |
"text": "98 [Amendment]",
|
| 1679 |
"history": "",
|
| 1680 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1681 |
"current_to": "2024-11-11",
|
| 1682 |
"citation": "CBSA Act, s. 98",
|
| 1683 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-98.html"
|
|
@@ -1695,6 +1893,8 @@
|
|
| 1695 |
"text": "99 [Amendment]",
|
| 1696 |
"history": "",
|
| 1697 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1698 |
"current_to": "2024-11-11",
|
| 1699 |
"citation": "CBSA Act, s. 99",
|
| 1700 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-99.html"
|
|
@@ -1712,6 +1912,8 @@
|
|
| 1712 |
"text": "100 [Amendment]",
|
| 1713 |
"history": "",
|
| 1714 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1715 |
"current_to": "2024-11-11",
|
| 1716 |
"citation": "CBSA Act, s. 100",
|
| 1717 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-100.html"
|
|
@@ -1729,6 +1931,8 @@
|
|
| 1729 |
"text": "101 [Amendment]",
|
| 1730 |
"history": "",
|
| 1731 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1732 |
"current_to": "2024-11-11",
|
| 1733 |
"citation": "CBSA Act, s. 101",
|
| 1734 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-101.html"
|
|
@@ -1746,6 +1950,8 @@
|
|
| 1746 |
"text": "102 [Amendments]",
|
| 1747 |
"history": "",
|
| 1748 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1749 |
"current_to": "2024-11-11",
|
| 1750 |
"citation": "CBSA Act, s. 102",
|
| 1751 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-102.html"
|
|
@@ -1763,6 +1969,8 @@
|
|
| 1763 |
"text": "103 [Amendment]",
|
| 1764 |
"history": "",
|
| 1765 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1766 |
"current_to": "2024-11-11",
|
| 1767 |
"citation": "CBSA Act, s. 103",
|
| 1768 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-103.html"
|
|
@@ -1780,6 +1988,8 @@
|
|
| 1780 |
"text": "104 [Amendment]",
|
| 1781 |
"history": "",
|
| 1782 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1783 |
"current_to": "2024-11-11",
|
| 1784 |
"citation": "CBSA Act, s. 104",
|
| 1785 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-104.html"
|
|
@@ -1797,6 +2007,8 @@
|
|
| 1797 |
"text": "105 [Amendments]",
|
| 1798 |
"history": "",
|
| 1799 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1800 |
"current_to": "2024-11-11",
|
| 1801 |
"citation": "CBSA Act, s. 105",
|
| 1802 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-105.html"
|
|
@@ -1814,6 +2026,8 @@
|
|
| 1814 |
"text": "106 [Amendment]",
|
| 1815 |
"history": "",
|
| 1816 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1817 |
"current_to": "2024-11-11",
|
| 1818 |
"citation": "CBSA Act, s. 106",
|
| 1819 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-106.html"
|
|
@@ -1831,6 +2045,8 @@
|
|
| 1831 |
"text": "107 [Amendment]",
|
| 1832 |
"history": "",
|
| 1833 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1834 |
"current_to": "2024-11-11",
|
| 1835 |
"citation": "CBSA Act, s. 107",
|
| 1836 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-107.html"
|
|
@@ -1848,6 +2064,8 @@
|
|
| 1848 |
"text": "108 [Amendment]",
|
| 1849 |
"history": "",
|
| 1850 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1851 |
"current_to": "2024-11-11",
|
| 1852 |
"citation": "CBSA Act, s. 108",
|
| 1853 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-108.html"
|
|
@@ -1865,6 +2083,8 @@
|
|
| 1865 |
"text": "109 [Amendment]",
|
| 1866 |
"history": "",
|
| 1867 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1868 |
"current_to": "2024-11-11",
|
| 1869 |
"citation": "CBSA Act, s. 109",
|
| 1870 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-109.html"
|
|
@@ -1882,6 +2102,8 @@
|
|
| 1882 |
"text": "110 [Amendment]",
|
| 1883 |
"history": "",
|
| 1884 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1885 |
"current_to": "2024-11-11",
|
| 1886 |
"citation": "CBSA Act, s. 110",
|
| 1887 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-110.html"
|
|
@@ -1899,6 +2121,8 @@
|
|
| 1899 |
"text": "111 [Amendment]",
|
| 1900 |
"history": "",
|
| 1901 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1902 |
"current_to": "2024-11-11",
|
| 1903 |
"citation": "CBSA Act, s. 111",
|
| 1904 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-111.html"
|
|
@@ -1916,6 +2140,8 @@
|
|
| 1916 |
"text": "112 [Amendment]",
|
| 1917 |
"history": "",
|
| 1918 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1919 |
"current_to": "2024-11-11",
|
| 1920 |
"citation": "CBSA Act, s. 112",
|
| 1921 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-112.html"
|
|
@@ -1933,6 +2159,8 @@
|
|
| 1933 |
"text": "113 [Amendment]",
|
| 1934 |
"history": "",
|
| 1935 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1936 |
"current_to": "2024-11-11",
|
| 1937 |
"citation": "CBSA Act, s. 113",
|
| 1938 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-113.html"
|
|
@@ -1950,6 +2178,8 @@
|
|
| 1950 |
"text": "114 [Amendment]",
|
| 1951 |
"history": "",
|
| 1952 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1953 |
"current_to": "2024-11-11",
|
| 1954 |
"citation": "CBSA Act, s. 114",
|
| 1955 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-114.html"
|
|
@@ -1967,6 +2197,8 @@
|
|
| 1967 |
"text": "115 [Amendment]",
|
| 1968 |
"history": "",
|
| 1969 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1970 |
"current_to": "2024-11-11",
|
| 1971 |
"citation": "CBSA Act, s. 115",
|
| 1972 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-115.html"
|
|
@@ -1984,6 +2216,8 @@
|
|
| 1984 |
"text": "116 [Amendment]",
|
| 1985 |
"history": "",
|
| 1986 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 1987 |
"current_to": "2024-11-11",
|
| 1988 |
"citation": "CBSA Act, s. 116",
|
| 1989 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-116.html"
|
|
@@ -2001,6 +2235,8 @@
|
|
| 2001 |
"text": "117 [Amendment]",
|
| 2002 |
"history": "",
|
| 2003 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2004 |
"current_to": "2024-11-11",
|
| 2005 |
"citation": "CBSA Act, s. 117",
|
| 2006 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-117.html"
|
|
@@ -2018,6 +2254,8 @@
|
|
| 2018 |
"text": "118 [Amendment]",
|
| 2019 |
"history": "",
|
| 2020 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2021 |
"current_to": "2024-11-11",
|
| 2022 |
"citation": "CBSA Act, s. 118",
|
| 2023 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-118.html"
|
|
@@ -2035,6 +2273,8 @@
|
|
| 2035 |
"text": "119 [Amendments]",
|
| 2036 |
"history": "",
|
| 2037 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2038 |
"current_to": "2024-11-11",
|
| 2039 |
"citation": "CBSA Act, s. 119",
|
| 2040 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-119.html"
|
|
@@ -2052,6 +2292,8 @@
|
|
| 2052 |
"text": "120 [Amendment]",
|
| 2053 |
"history": "",
|
| 2054 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2055 |
"current_to": "2024-11-11",
|
| 2056 |
"citation": "CBSA Act, s. 120",
|
| 2057 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-120.html"
|
|
@@ -2069,6 +2311,8 @@
|
|
| 2069 |
"text": "121 [Amendment]",
|
| 2070 |
"history": "",
|
| 2071 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2072 |
"current_to": "2024-11-11",
|
| 2073 |
"citation": "CBSA Act, s. 121",
|
| 2074 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-121.html"
|
|
@@ -2086,6 +2330,8 @@
|
|
| 2086 |
"text": "122 [Amendment]",
|
| 2087 |
"history": "",
|
| 2088 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2089 |
"current_to": "2024-11-11",
|
| 2090 |
"citation": "CBSA Act, s. 122",
|
| 2091 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-122.html"
|
|
@@ -2103,6 +2349,8 @@
|
|
| 2103 |
"text": "123 [Amendment]",
|
| 2104 |
"history": "",
|
| 2105 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2106 |
"current_to": "2024-11-11",
|
| 2107 |
"citation": "CBSA Act, s. 123",
|
| 2108 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-123.html"
|
|
@@ -2120,6 +2368,8 @@
|
|
| 2120 |
"text": "124 [Amendments]",
|
| 2121 |
"history": "",
|
| 2122 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2123 |
"current_to": "2024-11-11",
|
| 2124 |
"citation": "CBSA Act, s. 124",
|
| 2125 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-124.html"
|
|
@@ -2137,6 +2387,8 @@
|
|
| 2137 |
"text": "125 [Amendment]",
|
| 2138 |
"history": "",
|
| 2139 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2140 |
"current_to": "2024-11-11",
|
| 2141 |
"citation": "CBSA Act, s. 125",
|
| 2142 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-125.html"
|
|
@@ -2154,6 +2406,8 @@
|
|
| 2154 |
"text": "126 [Amendments]",
|
| 2155 |
"history": "",
|
| 2156 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2157 |
"current_to": "2024-11-11",
|
| 2158 |
"citation": "CBSA Act, s. 126",
|
| 2159 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-126.html"
|
|
@@ -2171,6 +2425,8 @@
|
|
| 2171 |
"text": "127 [Amendments]",
|
| 2172 |
"history": "",
|
| 2173 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2174 |
"current_to": "2024-11-11",
|
| 2175 |
"citation": "CBSA Act, s. 127",
|
| 2176 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-127.html"
|
|
@@ -2188,6 +2444,8 @@
|
|
| 2188 |
"text": "128 [Amendment]",
|
| 2189 |
"history": "",
|
| 2190 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2191 |
"current_to": "2024-11-11",
|
| 2192 |
"citation": "CBSA Act, s. 128",
|
| 2193 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-128.html"
|
|
@@ -2205,6 +2463,8 @@
|
|
| 2205 |
"text": "129 [Amendment]",
|
| 2206 |
"history": "",
|
| 2207 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2208 |
"current_to": "2024-11-11",
|
| 2209 |
"citation": "CBSA Act, s. 129",
|
| 2210 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-129.html"
|
|
@@ -2222,6 +2482,8 @@
|
|
| 2222 |
"text": "130 [Amendment]",
|
| 2223 |
"history": "",
|
| 2224 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2225 |
"current_to": "2024-11-11",
|
| 2226 |
"citation": "CBSA Act, s. 130",
|
| 2227 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-130.html"
|
|
@@ -2239,6 +2501,8 @@
|
|
| 2239 |
"text": "131 [Amendment]",
|
| 2240 |
"history": "",
|
| 2241 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2242 |
"current_to": "2024-11-11",
|
| 2243 |
"citation": "CBSA Act, s. 131",
|
| 2244 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-131.html"
|
|
@@ -2256,6 +2520,8 @@
|
|
| 2256 |
"text": "132 [Amendments]",
|
| 2257 |
"history": "",
|
| 2258 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2259 |
"current_to": "2024-11-11",
|
| 2260 |
"citation": "CBSA Act, s. 132",
|
| 2261 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-132.html"
|
|
@@ -2273,6 +2539,8 @@
|
|
| 2273 |
"text": "133 [Amendment]",
|
| 2274 |
"history": "",
|
| 2275 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2276 |
"current_to": "2024-11-11",
|
| 2277 |
"citation": "CBSA Act, s. 133",
|
| 2278 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-133.html"
|
|
@@ -2290,6 +2558,8 @@
|
|
| 2290 |
"text": "134 [Amendments]",
|
| 2291 |
"history": "",
|
| 2292 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2293 |
"current_to": "2024-11-11",
|
| 2294 |
"citation": "CBSA Act, s. 134",
|
| 2295 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-134.html"
|
|
@@ -2307,6 +2577,8 @@
|
|
| 2307 |
"text": "135 [Amendments]",
|
| 2308 |
"history": "",
|
| 2309 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2310 |
"current_to": "2024-11-11",
|
| 2311 |
"citation": "CBSA Act, s. 135",
|
| 2312 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-135.html"
|
|
@@ -2324,6 +2596,8 @@
|
|
| 2324 |
"text": "136 [Amendments]",
|
| 2325 |
"history": "",
|
| 2326 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2327 |
"current_to": "2024-11-11",
|
| 2328 |
"citation": "CBSA Act, s. 136",
|
| 2329 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-136.html"
|
|
@@ -2341,6 +2615,8 @@
|
|
| 2341 |
"text": "137 [Related provision]",
|
| 2342 |
"history": "",
|
| 2343 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2344 |
"current_to": "2024-11-11",
|
| 2345 |
"citation": "CBSA Act, s. 137",
|
| 2346 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-137.html"
|
|
@@ -2358,6 +2634,8 @@
|
|
| 2358 |
"text": "138 [Amendments]",
|
| 2359 |
"history": "",
|
| 2360 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2361 |
"current_to": "2024-11-11",
|
| 2362 |
"citation": "CBSA Act, s. 138",
|
| 2363 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-138.html"
|
|
@@ -2375,6 +2653,8 @@
|
|
| 2375 |
"text": "139 [Amendments]",
|
| 2376 |
"history": "",
|
| 2377 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2378 |
"current_to": "2024-11-11",
|
| 2379 |
"citation": "CBSA Act, s. 139",
|
| 2380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-139.html"
|
|
@@ -2392,6 +2672,8 @@
|
|
| 2392 |
"text": "140 [Amendments]",
|
| 2393 |
"history": "",
|
| 2394 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2395 |
"current_to": "2024-11-11",
|
| 2396 |
"citation": "CBSA Act, s. 140",
|
| 2397 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-140.html"
|
|
@@ -2409,6 +2691,8 @@
|
|
| 2409 |
"text": "141 [Amendments]",
|
| 2410 |
"history": "",
|
| 2411 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2412 |
"current_to": "2024-11-11",
|
| 2413 |
"citation": "CBSA Act, s. 141",
|
| 2414 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-141.html"
|
|
@@ -2426,6 +2710,8 @@
|
|
| 2426 |
"text": "142 [Amendments]",
|
| 2427 |
"history": "",
|
| 2428 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2429 |
"current_to": "2024-11-11",
|
| 2430 |
"citation": "CBSA Act, s. 142",
|
| 2431 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-142.html"
|
|
@@ -2443,6 +2729,8 @@
|
|
| 2443 |
"text": "143 [Amendment]",
|
| 2444 |
"history": "",
|
| 2445 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2446 |
"current_to": "2024-11-11",
|
| 2447 |
"citation": "CBSA Act, s. 143",
|
| 2448 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-143.html"
|
|
@@ -2460,6 +2748,8 @@
|
|
| 2460 |
"text": "144 [Amendments]",
|
| 2461 |
"history": "",
|
| 2462 |
"last_amended": "2005-11-03",
|
|
|
|
|
|
|
| 2463 |
"current_to": "2024-11-11",
|
| 2464 |
"citation": "CBSA Act, s. 144",
|
| 2465 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-144.html"
|
|
@@ -2477,6 +2767,8 @@
|
|
| 2477 |
"text": "145 [Amendments]",
|
| 2478 |
"history": "",
|
| 2479 |
"last_amended": "2005-11-03",
|
|
|
|
|
|
|
| 2480 |
"current_to": "2024-11-11",
|
| 2481 |
"citation": "CBSA Act, s. 145",
|
| 2482 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-145.html"
|
|
@@ -2494,6 +2786,8 @@
|
|
| 2494 |
"text": "146 [Amendment]",
|
| 2495 |
"history": "",
|
| 2496 |
"last_amended": "2005-11-03",
|
|
|
|
|
|
|
| 2497 |
"current_to": "2024-11-11",
|
| 2498 |
"citation": "CBSA Act, s. 146",
|
| 2499 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-146.html"
|
|
@@ -2511,6 +2805,8 @@
|
|
| 2511 |
"text": "*147 This Act, except for sections 144 to 146, comes into force on a day to be fixed by order of the Governor in Council.\n* [Note: Sections 144 to 146 in force on assent November 3, 2005; Act, except sections 144 to 146, in force December 12, 2005, see SI/2005-119.]",
|
| 2512 |
"history": "",
|
| 2513 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 2514 |
"current_to": "2024-11-11",
|
| 2515 |
"citation": "CBSA Act, s. *147",
|
| 2516 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-*147.html"
|
|
|
|
| 12 |
"text": "1 This Act may be cited as the Canada Border Services Agency Act.",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2005-12-12",
|
| 15 |
+
"in_force": "2005-12-12",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2024-11-11",
|
| 18 |
"citation": "CBSA Act, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-1.html"
|
|
|
|
| 31 |
"text": "2 The following definitions apply in this Act.\nAgency means the Canada Border Services Agency established under subsection 3(1). (Agence)\nMinister means the Minister of Public Safety and Emergency Preparedness. (ministre)\nPresident means the President of the Agency appointed under subsection 7(1). (président)\nprogram legislation means any other Act of Parliament or any instrument made under it, or any part of such an Act or instrument,\n(a) that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to administer and enforce, including the Excise Act, the Special Import Measures Act, the Customs Act, the Customs Tariff, the Immigration and Refugee Protection Act, the Excise Act, 2001 and the Select Luxury Items Tax Act;\n(b) that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act;\n(c) under which the Minister or another minister authorizes the Agency, the President or an employee of the Agency to administer a program or carry out an activity; or\n(d) under which duties or taxes collected and paid pursuant to the Customs Act are imposed. (législation frontalière)",
|
| 32 |
"history": "2005, c. 38, ss. 2, 145; 2012, c. 24, s. 107; 2022, c. 10, s. 167",
|
| 33 |
"last_amended": "2022-09-01",
|
| 34 |
+
"in_force": "2005-12-12",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2024-11-11",
|
| 37 |
"citation": "CBSA Act, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-2.html"
|
|
|
|
| 50 |
"text": "3\n(1) The Canada Border Services Agency is established as a body corporate.\n(2) [Agent of Her Majesty] The Agency is for all purposes an agent of Her Majesty in right of Canada.",
|
| 51 |
"history": "",
|
| 52 |
"last_amended": "2005-12-12",
|
| 53 |
+
"in_force": "2005-12-12",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2024-11-11",
|
| 56 |
"citation": "CBSA Act, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-3.html"
|
|
|
|
| 69 |
"text": "4 The head office of the Agency is to be in the National Capital Region described in the schedule to the National Capital Act.",
|
| 70 |
"history": "",
|
| 71 |
"last_amended": "2005-12-12",
|
| 72 |
+
"in_force": "2005-12-12",
|
| 73 |
+
"status": "in force",
|
| 74 |
"current_to": "2024-11-11",
|
| 75 |
"citation": "CBSA Act, s. 4",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-4.html"
|
|
|
|
| 88 |
"text": "5\n(1) The Agency is responsible for providing integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods, including animals and plants, that meet all requirements under the program legislation, by\n(a) supporting the administration or enforcement, or both, as the case may be, of the program legislation;\n(b) implementing agreements between the Government of Canada or the Agency and a foreign state or a public body performing a function of government in a foreign state to carry out an activity, provide a service or administer a tax or program;\n(c) implementing agreements between the Government of Canada or the Agency and the government of a province or other public body performing a function of the Government in Canada to carry out an activity, provide a service or administer a tax or program;\n(d) implementing agreements or arrangements between the Agency and departments or agencies of the Government of Canada to carry out an activity, provide a service or administer a program; and\n(e) providing cooperation and support, including advice and information, to other departments and agencies of the Government of Canada to assist them in developing, evaluating and implementing policies and decisions in relation to program legislation for which they have responsibility.\n(2) [Support] The Agency may provide support, through the provision of services, to departments and agencies for which the Minister is responsible, in accordance with agreements or arrangements entered into with those departments and agencies.",
|
| 89 |
"history": "",
|
| 90 |
"last_amended": "2005-12-12",
|
| 91 |
+
"in_force": "2005-12-12",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2024-11-11",
|
| 94 |
"citation": "CBSA Act, s. 5",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-5.html"
|
|
|
|
| 107 |
"text": "6\n(1) The Minister is responsible for the Agency.\n(2) [Delegation by Minister] The Minister may delegate to any person any power, duty or function conferred on the Minister under this Act or under the program legislation.\n(3) [Exception] Subsection (2) does not apply if an Act of Parliament other than this Act authorizes the Minister to delegate the power, duty or function to any person or authorizes any person to exercise or perform it.\n(4) [Limitation] Subsection (2) does not apply in respect of a power to make regulations.",
|
| 108 |
"history": "",
|
| 109 |
"last_amended": "2005-12-12",
|
| 110 |
+
"in_force": "2005-12-12",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2024-11-11",
|
| 113 |
"citation": "CBSA Act, s. 6",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-6.html"
|
|
|
|
| 126 |
"text": "7\n(1) The Governor in Council shall appoint a President of the Agency to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms.\n(2) [Executive Vice-president] The Governor in Council may appoint an Executive Vice-president of the Agency to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms.",
|
| 127 |
"history": "",
|
| 128 |
"last_amended": "2005-12-12",
|
| 129 |
+
"in_force": "2005-12-12",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2024-11-11",
|
| 132 |
"citation": "CBSA Act, s. 7",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-7.html"
|
|
|
|
| 145 |
"text": "8\n(1) The President, under the direction of the Minister, has the control and management of the Agency and all matters connected with it.\n(2) [Rank of deputy head] The President has the rank and all the powers of a deputy head of a department.\n(3) [Executive Vice-president’s powers] The Executive Vice-president shall exercise the powers and perform the duties and functions that the President may assign and shall act as President if that office is vacant or if the President is absent or incapacitated.",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2005-12-12",
|
| 148 |
+
"in_force": "2005-12-12",
|
| 149 |
+
"status": "in force",
|
| 150 |
"current_to": "2024-11-11",
|
| 151 |
"citation": "CBSA Act, s. 8",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-8.html"
|
|
|
|
| 164 |
"text": "9\n(1) The President may delegate to any person any power, duty or function that the President is authorized to exercise or perform under this Act or any other enactment.\n(2) [Designation of officers] The President may designate any person, or person within a class of persons,\n(a) as an officer as defined in subsection 2(1) of the Customs Act to exercise any powers or perform any duties and functions of an officer under that Act that the President may specify; or\n(b) as an inspector or a veterinary inspector or other officer for the enforcement of any Act or instrument made under it, or any part of an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act.\n(3) [Designation power] The President may exercise any power that the Minister has to designate officers under subsection 6(1) of the Immigration and Refugee Protection Act.",
|
| 165 |
"history": "2005, c. 38, s. 9; 2012, c. 24, s. 108",
|
| 166 |
"last_amended": "2019-01-15",
|
| 167 |
+
"in_force": "2005-12-12",
|
| 168 |
+
"status": "in force",
|
| 169 |
"current_to": "2024-11-11",
|
| 170 |
"citation": "CBSA Act, s. 9",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-9.html"
|
|
|
|
| 183 |
"text": "10\n(1) The President and the Executive Vice-president shall be paid the remuneration that is fixed by the Governor in Council.\n(2) [Expenses] The President and the Executive Vice-president are entitled to be paid reasonable travel and living expenses incurred by them in the course of performing their duties while absent from their ordinary place of work.\n(3) [Deemed employment] The President and the Executive Vice-president are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.",
|
| 184 |
"history": "2005, c. 38, ss. 10, 144(E)",
|
| 185 |
"last_amended": "2005-12-12",
|
| 186 |
+
"in_force": "2005-12-12",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2024-11-11",
|
| 189 |
"citation": "CBSA Act, s. 10",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-10.html"
|
|
|
|
| 202 |
"text": "11 Officers and employees necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act.",
|
| 203 |
"history": "",
|
| 204 |
"last_amended": "2005-12-12",
|
| 205 |
+
"in_force": "2005-12-12",
|
| 206 |
+
"status": "in force",
|
| 207 |
"current_to": "2024-11-11",
|
| 208 |
"citation": "CBSA Act, s. 11",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-11.html"
|
|
|
|
| 221 |
"text": "12\n(1) Subject to any direction given by the Minister, the Agency may exercise the powers, and shall perform the duties and functions, that relate to the program legislation and that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation.\n(2) [Officers and employees] An officer or employee of the Agency may exercise any power or perform any duty or function referred to in subsection (1) if the officer or employee is appointed to serve in the Agency in a capacity appropriate to the exercise of the power or the performance of the duty or function, and, in so doing, shall comply with any general or special direction given by the Minister.\n(3) [Exception] Subsection (1) does not include\n(a) any power, duty or function of the Minister under this Act; or\n(b) a power to make regulations.\n(4) [Non-application of Statutory Instruments Act] A direction given by the Minister under subsection (1) or (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2005-12-12",
|
| 224 |
+
"in_force": "2005-12-12",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2024-11-11",
|
| 227 |
"citation": "CBSA Act, s. 12",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-12.html"
|
|
|
|
| 240 |
"text": "13\n(1) Subject to sections 38 and 38.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Agency may, with the approval of the Governor in Council, on the recommendation of the Minister and the Minister of Foreign Affairs, enter into an agreement with a foreign state or an international organization, for the purposes of carrying out the mandate of the Agency.\n(2) [Arrangements and agreements] The Agency may, for the purposes of carrying out its mandate,\n(a) enter into an arrangement with a foreign state or an international organization; or\n(b) enter into an agreement or arrangement with the government of a province, a department or agency of the Government of Canada or any person or organization.",
|
| 241 |
"history": "2005, c. 38, s. 13; 2006, c. 12, s. 46",
|
| 242 |
"last_amended": "2007-02-10",
|
| 243 |
+
"in_force": "2007-02-10",
|
| 244 |
+
"status": "in force",
|
| 245 |
"current_to": "2024-11-11",
|
| 246 |
"citation": "CBSA Act, s. 13",
|
| 247 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-13.html"
|
|
|
|
| 259 |
"text": "14\n(1) The Agency may enter into or amend an agreement with a provincial or territorial government to administer a tax or other fiscal measure if the agreement is in accordance with guidelines relating to agreements of that kind established jointly by the Minister and the Minister of Finance.\n(2) [Application of the Federal-Provincial Fiscal Arrangements Act] Parts III and III.1 of the Federal-Provincial Fiscal Arrangements Act do not apply to an agreement entered into or amended under subsection (1).",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2005-12-12",
|
| 262 |
+
"in_force": "2005-12-12",
|
| 263 |
+
"status": "in force",
|
| 264 |
"current_to": "2024-11-11",
|
| 265 |
"citation": "CBSA Act, s. 14",
|
| 266 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-14.html"
|
|
|
|
| 278 |
"text": "15 An appropriation Act may provide that the balance of money appropriated by Parliament for the use of the Agency that remains unexpended at the end of the fiscal year, after the adjustments referred to in section 37 of the Financial Administration Act are made, lapses at the end of the following fiscal year.",
|
| 279 |
"history": "",
|
| 280 |
"last_amended": "2005-12-12",
|
| 281 |
+
"in_force": "2005-12-12",
|
| 282 |
+
"status": "in force",
|
| 283 |
"current_to": "2024-11-11",
|
| 284 |
"citation": "CBSA Act, s. 15",
|
| 285 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-15.html"
|
|
|
|
| 297 |
"text": "15.1\n(1) The Minister shall, as soon as possible after the end of each fiscal year but no later than the end of the calendar year in which that fiscal year ends, cause to be laid before each House of Parliament a report of the operations and performance of the Agency for that fiscal year.\n(2) [Reports required by Treasury Board] The obligation imposed by subsection (1) may be satisfied by the tabling of any reports of the operations and performance of the Agency required by the Treasury Board that contain the information required by that subsection.",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2005-12-12",
|
| 300 |
+
"in_force": "2005-12-12",
|
| 301 |
+
"status": "in force",
|
| 302 |
"current_to": "2024-11-11",
|
| 303 |
"citation": "CBSA Act, s. 15.1",
|
| 304 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-15.1.html"
|
|
|
|
| 316 |
"text": "16 The following definitions apply in sections 17 to 19 and 21 to 28.\nformer agency means the portion of the federal public administration known as the Canada Border Services Agency. (ancienne agence)\nnew agency means the Canada Border Services Agency established under subsection 3(1). (nouvelle agence)\norder P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. (décret C.P. 2003-2064)",
|
| 317 |
"history": "2005, c. 38, ss. 16, 144(E)",
|
| 318 |
"last_amended": "2005-12-12",
|
| 319 |
+
"in_force": "2005-12-12",
|
| 320 |
+
"status": "in force",
|
| 321 |
"current_to": "2024-11-11",
|
| 322 |
"citation": "CBSA Act, s. 16",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-16.html"
|
|
|
|
| 335 |
"text": "17\n(1) The persons occupying the positions of President and Executive Vice-president of the former agency on the day on which this section comes into force become the President and Executive Vice-president of the new agency on that day and are deemed to have been appointed under section 7.\n(2) [Positions] Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former agency, except that the employee shall, on the coming into force of this section, occupy his or her position in the new agency under the direction of the President.\n(3) [Definition of employee] In subsection (2), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2005-12-12",
|
| 338 |
+
"in_force": "2005-12-12",
|
| 339 |
+
"status": "in force",
|
| 340 |
"current_to": "2024-11-11",
|
| 341 |
"citation": "CBSA Act, s. 17",
|
| 342 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-17.html"
|
|
|
|
| 354 |
"text": "18\n(1) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the federal public administration for the former agency that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the federal public administration for the new agency.\n(2) [Transfer of powers, duties and functions] Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the President of the former agency or an employee of the former agency, the power, duty or function is vested in and shall be exercised by the President of the new agency or an employee of the new agency unless the Governor in Council by order designates a deputy minister or an officer of the federal public administration to exercise that power or perform that duty or function.\n(3) [Continuation of proceedings] Any action, suit or other legal or administrative proceeding to which the former agency or its President is a party that is pending on the coming into force of this section may be continued by or against the new agency or its President in a similar manner and to the same extent as it would have been continued by or against the former agency or its President.\n(4) [Deeming] Decisions made by the President of the former agency are deemed to be decisions made by the President of the new agency.\n(5) [Validity of documents] All orders, rules, regulations, decisions, determinations and re-determinations, directions, licences, authorizations, certificates, consents, approvals, declarations, designations, permits, registrations, rates or other documents that are in force on the coming into force of this section and that are made or issued by the President of the former agency or any person under his or her authority continue in force as if they were made or issued by the President of the new agency or a person under his or her authority, as the case may be, until they expire or are repealed, replaced, rescinded or altered.\n(6) [Continuation of evidentiary presumption] Every affidavit sworn, or document purporting to be certified, by an employee of the former agency before the day on which this section comes into force has the same probative value as if it were sworn or certified by an employee of the new agency after that day.",
|
| 355 |
"history": "2005, c. 38, ss. 18, 144(E)",
|
| 356 |
"last_amended": "2005-12-12",
|
| 357 |
+
"in_force": "2005-12-12",
|
| 358 |
+
"status": "in force",
|
| 359 |
"current_to": "2024-11-11",
|
| 360 |
"citation": "CBSA Act, s. 18",
|
| 361 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-18.html"
|
|
|
|
| 373 |
"text": "19\n(1) A reference to the former agency in any of the following is deemed to be a reference to the new agency:\n(a) Schedule I to the Access to Information Act under the heading “Other Government Institutions”;\n(b) the schedule to the Privacy Act;\n(c) Part I of Schedule I to the Public Service Staff Relations Act;\n(d) any order of the Governor in Council made under paragraph (b) of the definition head in section 3 of the Access to Information Act;\n(e) any direction of the Governor in Council made under subsection 24(3) of the Auditor General Act;\n(f) any order of the Governor in Council made under paragraph 29(e) of the Canadian Security Intelligence Service Act;\n(g) any order of the Governor in Council made under paragraph (b) of the definition head in section 3 of the Privacy Act; and\n(h) any order of the Governor in Council made under the definition department in subsection 2(1) of the Public Service Employment Act.\n(2) [Deputy head] The designation of a person as deputy head of the former agency in any of the following is deemed to be a designation of the President of the new agency as deputy head of that agency:\n(a) any order of the Governor in Council made under paragraph 29(e) of the Canadian Security Intelligence Service Act; and\n(b) any order of the Governor in Council made under the definition deputy head in subsection 2(1) of the Public Service Employment Act.",
|
| 374 |
"history": "",
|
| 375 |
"last_amended": "2005-12-12",
|
| 376 |
+
"in_force": "2005-12-12",
|
| 377 |
+
"status": "in force",
|
| 378 |
"current_to": "2024-11-11",
|
| 379 |
"citation": "CBSA Act, s. 19",
|
| 380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-19.html"
|
|
|
|
| 392 |
"text": "20 Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the Canada Customs and Revenue Agency, except that the employee shall occupy that position in the Canada Revenue Agency.",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2005-12-12",
|
| 395 |
+
"in_force": "2005-12-12",
|
| 396 |
+
"status": "in force",
|
| 397 |
"current_to": "2024-11-11",
|
| 398 |
"citation": "CBSA Act, s. 20",
|
| 399 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-20.html"
|
|
|
|
| 411 |
"text": "21\n(1) Subject to subsection (2), all rights and property of the Canada Customs and Revenue Agency continue as the rights and property of the Canada Revenue Agency.\n(2) [Transfer to new agency] All rights and property of the Canada Customs and Revenue Agency that are in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 are transferred to the new agency.",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2005-12-12",
|
| 414 |
+
"in_force": "2005-12-12",
|
| 415 |
+
"status": "in force",
|
| 416 |
"current_to": "2024-11-11",
|
| 417 |
"citation": "CBSA Act, s. 21",
|
| 418 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-21.html"
|
|
|
|
| 430 |
"text": "22\n(1) Subject to subsection (2), all obligations and liabilities of the Canada Customs and Revenue Agency continue as obligations and liabilities of the Canada Revenue Agency.\n(2) [Transfer to new agency] All obligations and liabilities of the Canada Customs and Revenue Agency that were incurred in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 are transferred to the new agency.",
|
| 431 |
"history": "",
|
| 432 |
"last_amended": "2005-12-12",
|
| 433 |
+
"in_force": "2005-12-12",
|
| 434 |
+
"status": "in force",
|
| 435 |
"current_to": "2024-11-11",
|
| 436 |
"citation": "CBSA Act, s. 22",
|
| 437 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-22.html"
|
|
|
|
| 449 |
"text": "23\n(1) The administration of any real property or immovable, and the administrative responsibility for any licence in respect of any real property or immovable, that was under the administration or administrative responsibility of the Canada Customs and Revenue Agency immediately before the coming into force of this section and that was used for or in support of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 are transferred to the Minister.\n(2) [List] As soon as practicable after the coming into force of this section, the Minister of National Revenue shall publish in the Canada Gazette a list of the real property and immovables the administration of which was transferred under subsection (1) in such a way that each is sufficiently identified.\n(3) [Title] Where the title of any real property or immovable was held in the name of the Canada Customs and Revenue Agency immediately before the coming into force of this section and that real property or immovable was used for or in support of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064, the title to that real property or immovable is deemed to be held in the name of Her Majesty in right of Canada.\n(4) [Other real property, immovables and licences — Canada Revenue Agency] The administration of any real property or immovable, and the administrative responsibility for any licence in respect of any real property or immovable, that is not referred to in subsection (1) and that was under the administration or administrative responsibility of the Canada Customs and Revenue Agency immediately before the coming into force of this section continues under the administration or administrative responsibility, as the case may be, of the Canada Revenue Agency.",
|
| 450 |
"history": "",
|
| 451 |
"last_amended": "2005-12-12",
|
| 452 |
+
"in_force": "2005-12-12",
|
| 453 |
+
"status": "in force",
|
| 454 |
"current_to": "2024-11-11",
|
| 455 |
"citation": "CBSA Act, s. 23",
|
| 456 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-23.html"
|
|
|
|
| 468 |
"text": "24\n(1) Subject to subsection (2), any action, suit or other legal or administrative proceeding to which the Canada Customs and Revenue Agency is a party that is pending on the coming into force of this section may be continued by or against the Canada Revenue Agency in the same manner and to the same extent as it could have been continued by or against the Canada Customs and Revenue Agency.\n(2) [Continuation of legal proceedings: new agency] Any action, suit or other legal or administrative proceeding to which the Canada Customs and Revenue Agency is a party that is pending on the coming into force of this section may be continued by or against the new agency in the same manner and to the same extent as it could have been continued by or against the Canada Customs and Revenue Agency in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064.",
|
| 469 |
"history": "",
|
| 470 |
"last_amended": "2005-12-12",
|
| 471 |
+
"in_force": "2005-12-12",
|
| 472 |
+
"status": "in force",
|
| 473 |
"current_to": "2024-11-11",
|
| 474 |
"citation": "CBSA Act, s. 24",
|
| 475 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-24.html"
|
|
|
|
| 487 |
"text": "25\n(1) Subject to subsection (2), all orders, rules, regulations, decisions, determinations and re-determinations, directions, licences, authorizations, certificates, consents, approvals, declarations, designations, permits, registrations, rates or other documents that are in force on the coming into force of this section and that were made or issued by the Minister of National Revenue or by the Commissioner of Customs and Revenue or any person under their authority continue in force as if they were made or issued by the Minister of National Revenue or the Commissioner of Revenue or any person under their authority, as the case may be, until they expire or are repealed, replaced, rescinded or altered.\n(2) [Validity of documents] All orders, rules, regulations, decisions, determinations and re-determinations, directions, licences, authorizations, certificates, consents, approvals, declarations, designations, permits, registrations, rates or other documents that are in force on the coming into force of this section and that were made or issued by the Minister of National Revenue or by the Commissioner of Customs and Revenue or any person under their authority that are in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 continue in force as if they were made or issued by the Minister, the President of the new agency or a person under their authority, as the case may be, until they expire or are repealed, replaced, rescinded or altered.",
|
| 488 |
"history": "",
|
| 489 |
"last_amended": "2005-12-12",
|
| 490 |
+
"in_force": "2005-12-12",
|
| 491 |
+
"status": "in force",
|
| 492 |
"current_to": "2024-11-11",
|
| 493 |
"citation": "CBSA Act, s. 25",
|
| 494 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-25.html"
|
|
|
|
| 506 |
"text": "26\n(1) Subject to subsection (2), every affidavit sworn, or document purporting to be certified, by an employee of the Canada Customs and Revenue Agency before the day on which this section comes into force has the same probative value as if it were sworn or certified by an employee of the Canada Revenue Agency after that day.\n(2) [Continuation of evidentiary presumption: Canada Border Services Agency] Every affidavit sworn, or document purporting to be certified, by an employee of the Canada Customs and Revenue Agency before the day on which this section comes into force that was sworn or was purported to be certified in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 has the same probative value as if it were sworn or certified by an employee of the new agency after that day.",
|
| 507 |
"history": "",
|
| 508 |
"last_amended": "2005-12-12",
|
| 509 |
+
"in_force": "2005-12-12",
|
| 510 |
+
"status": "in force",
|
| 511 |
"current_to": "2024-11-11",
|
| 512 |
"citation": "CBSA Act, s. 26",
|
| 513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-26.html"
|
|
|
|
| 525 |
"text": "27\n(1) Subject to subsection (2), every reference to the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue, the Deputy Commissioner of Customs and Revenue or any person under their authority in a document issued in the name of the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue or the Deputy Commissioner of Customs and Revenue is to be read, unless the context otherwise requires, as a reference to the Canada Revenue Agency, the Commissioner of Revenue, the Deputy Commissioner of Revenue or a person under their authority, as the case may be.\n(2) [References] Every reference to the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue, the Deputy Commissioner of Customs and Revenue or any person under their authority in a document issued in the name of the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue or the Deputy Commissioner of Customs and Revenue is to be read in respect of those documents that relate to those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064, unless the context otherwise requires, as a reference to the new agency, the President of the new agency, the Executive Vice-president of the new agency or a person under their authority, as the case may be.",
|
| 526 |
"history": "",
|
| 527 |
"last_amended": "2005-12-12",
|
| 528 |
+
"in_force": "2005-12-12",
|
| 529 |
+
"status": "in force",
|
| 530 |
"current_to": "2024-11-11",
|
| 531 |
"citation": "CBSA Act, s. 27",
|
| 532 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-27.html"
|
|
|
|
| 544 |
"text": "28\n(1) Subject to subsection (2), any expression referring to the Deputy Minister of National Revenue, the Department of National Revenue, the Commissioner of Customs and Revenue or the Canada Customs and Revenue Agency in any document, any instrument made under an Act of Parliament or any provision of an Act of Parliament not amended by this Act is to be read, unless the context otherwise requires, as a reference to the Commissioner of Revenue or the Canada Revenue Agency, as the case may be.\n(2) [References in documents and other provisions: Canada Border Services Agency] Any expression referring to the Deputy Minister of National Revenue, the Department of National Revenue, the Commissioner of Customs and Revenue or the Canada Customs and Revenue Agency in any document, any instrument made under an Act of Parliament or any provision of an Act of Parliament not amended by this Act and the document, instrument or provision is in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 is to be read, unless the context otherwise requires, as a reference to the President of the new agency or the new agency, as the case may be.",
|
| 545 |
"history": "",
|
| 546 |
"last_amended": "2005-12-12",
|
| 547 |
+
"in_force": "2005-12-12",
|
| 548 |
+
"status": "in force",
|
| 549 |
"current_to": "2024-11-11",
|
| 550 |
"citation": "CBSA Act, s. 28",
|
| 551 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-28.html"
|
|
|
|
| 563 |
"text": "29 The Minister of National Revenue is the Minister for the purposes of the Royal Canadian Mint Act until another member of the Queen’s Privy Council for Canada is designated under section 2.1 of that Act, as enacted by section 130 of this Act.",
|
| 564 |
"history": "",
|
| 565 |
"last_amended": "2005-12-12",
|
| 566 |
+
"in_force": "2005-12-12",
|
| 567 |
+
"status": "in force",
|
| 568 |
"current_to": "2024-11-11",
|
| 569 |
"citation": "CBSA Act, s. 29",
|
| 570 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-29.html"
|
|
|
|
| 582 |
"text": "30 [Amendment]",
|
| 583 |
"history": "",
|
| 584 |
"last_amended": "2005-12-12",
|
| 585 |
+
"in_force": "2005-12-12",
|
| 586 |
+
"status": "in force",
|
| 587 |
"current_to": "2024-11-11",
|
| 588 |
"citation": "CBSA Act, s. 30",
|
| 589 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-30.html"
|
|
|
|
| 601 |
"text": "31 [Amendment]",
|
| 602 |
"history": "",
|
| 603 |
"last_amended": "2005-12-12",
|
| 604 |
+
"in_force": "2005-12-12",
|
| 605 |
+
"status": "in force",
|
| 606 |
"current_to": "2024-11-11",
|
| 607 |
"citation": "CBSA Act, s. 31",
|
| 608 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-31.html"
|
|
|
|
| 620 |
"text": "32 [Amendment]",
|
| 621 |
"history": "",
|
| 622 |
"last_amended": "2005-12-12",
|
| 623 |
+
"in_force": "2005-12-12",
|
| 624 |
+
"status": "in force",
|
| 625 |
"current_to": "2024-11-11",
|
| 626 |
"citation": "CBSA Act, s. 32",
|
| 627 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-32.html"
|
|
|
|
| 639 |
"text": "33 [Amendment]",
|
| 640 |
"history": "",
|
| 641 |
"last_amended": "2005-12-12",
|
| 642 |
+
"in_force": "2005-12-12",
|
| 643 |
+
"status": "in force",
|
| 644 |
"current_to": "2024-11-11",
|
| 645 |
"citation": "CBSA Act, s. 33",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-33.html"
|
|
|
|
| 658 |
"text": "34 [Amendment]",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2005-12-12",
|
| 661 |
+
"in_force": "2005-12-12",
|
| 662 |
+
"status": "in force",
|
| 663 |
"current_to": "2024-11-11",
|
| 664 |
"citation": "CBSA Act, s. 34",
|
| 665 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-34.html"
|
|
|
|
| 677 |
"text": "35 [Amendment]",
|
| 678 |
"history": "",
|
| 679 |
"last_amended": "2005-12-12",
|
| 680 |
+
"in_force": "2005-12-12",
|
| 681 |
+
"status": "in force",
|
| 682 |
"current_to": "2024-11-11",
|
| 683 |
"citation": "CBSA Act, s. 35",
|
| 684 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-35.html"
|
|
|
|
| 696 |
"text": "36 [Amendments]",
|
| 697 |
"history": "",
|
| 698 |
"last_amended": "2005-12-12",
|
| 699 |
+
"in_force": "2005-12-12",
|
| 700 |
+
"status": "in force",
|
| 701 |
"current_to": "2024-11-11",
|
| 702 |
"citation": "CBSA Act, s. 36",
|
| 703 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-36.html"
|
|
|
|
| 715 |
"text": "37 [Amendment]",
|
| 716 |
"history": "",
|
| 717 |
"last_amended": "2005-12-12",
|
| 718 |
+
"in_force": "2005-12-12",
|
| 719 |
+
"status": "in force",
|
| 720 |
"current_to": "2024-11-11",
|
| 721 |
"citation": "CBSA Act, s. 37",
|
| 722 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-37.html"
|
|
|
|
| 734 |
"text": "38 [Amendment]",
|
| 735 |
"history": "",
|
| 736 |
"last_amended": "2005-12-12",
|
| 737 |
+
"in_force": "2005-12-12",
|
| 738 |
+
"status": "in force",
|
| 739 |
"current_to": "2024-11-11",
|
| 740 |
"citation": "CBSA Act, s. 38",
|
| 741 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-38.html"
|
|
|
|
| 753 |
"text": "39 [Amendment]",
|
| 754 |
"history": "",
|
| 755 |
"last_amended": "2005-12-12",
|
| 756 |
+
"in_force": "2005-12-12",
|
| 757 |
+
"status": "in force",
|
| 758 |
"current_to": "2024-11-11",
|
| 759 |
"citation": "CBSA Act, s. 39",
|
| 760 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-39.html"
|
|
|
|
| 772 |
"text": "40 [Amendments]",
|
| 773 |
"history": "",
|
| 774 |
"last_amended": "2005-12-12",
|
| 775 |
+
"in_force": "2005-12-12",
|
| 776 |
+
"status": "in force",
|
| 777 |
"current_to": "2024-11-11",
|
| 778 |
"citation": "CBSA Act, s. 40",
|
| 779 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-40.html"
|
|
|
|
| 791 |
"text": "41 [Amendment]",
|
| 792 |
"history": "",
|
| 793 |
"last_amended": "2005-12-12",
|
| 794 |
+
"in_force": "2005-12-12",
|
| 795 |
+
"status": "in force",
|
| 796 |
"current_to": "2024-11-11",
|
| 797 |
"citation": "CBSA Act, s. 41",
|
| 798 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-41.html"
|
|
|
|
| 810 |
"text": "42 [Amendment]",
|
| 811 |
"history": "",
|
| 812 |
"last_amended": "2005-12-12",
|
| 813 |
+
"in_force": "2005-12-12",
|
| 814 |
+
"status": "in force",
|
| 815 |
"current_to": "2024-11-11",
|
| 816 |
"citation": "CBSA Act, s. 42",
|
| 817 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-42.html"
|
|
|
|
| 829 |
"text": "43 [Amendment]",
|
| 830 |
"history": "",
|
| 831 |
"last_amended": "2005-12-12",
|
| 832 |
+
"in_force": "2005-12-12",
|
| 833 |
+
"status": "in force",
|
| 834 |
"current_to": "2024-11-11",
|
| 835 |
"citation": "CBSA Act, s. 43",
|
| 836 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-43.html"
|
|
|
|
| 848 |
"text": "44 [Amendment]",
|
| 849 |
"history": "",
|
| 850 |
"last_amended": "2005-12-12",
|
| 851 |
+
"in_force": "2005-12-12",
|
| 852 |
+
"status": "in force",
|
| 853 |
"current_to": "2024-11-11",
|
| 854 |
"citation": "CBSA Act, s. 44",
|
| 855 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-44.html"
|
|
|
|
| 867 |
"text": "45 [Amendment]",
|
| 868 |
"history": "",
|
| 869 |
"last_amended": "2005-12-12",
|
| 870 |
+
"in_force": "2005-12-12",
|
| 871 |
+
"status": "in force",
|
| 872 |
"current_to": "2024-11-11",
|
| 873 |
"citation": "CBSA Act, s. 45",
|
| 874 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-45.html"
|
|
|
|
| 886 |
"text": "46 [Amendment]",
|
| 887 |
"history": "",
|
| 888 |
"last_amended": "2005-12-12",
|
| 889 |
+
"in_force": "2005-12-12",
|
| 890 |
+
"status": "in force",
|
| 891 |
"current_to": "2024-11-11",
|
| 892 |
"citation": "CBSA Act, s. 46",
|
| 893 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-46.html"
|
|
|
|
| 905 |
"text": "47 [Amendment]",
|
| 906 |
"history": "",
|
| 907 |
"last_amended": "2005-12-12",
|
| 908 |
+
"in_force": "2005-12-12",
|
| 909 |
+
"status": "in force",
|
| 910 |
"current_to": "2024-11-11",
|
| 911 |
"citation": "CBSA Act, s. 47",
|
| 912 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-47.html"
|
|
|
|
| 924 |
"text": "48 [Amendment]",
|
| 925 |
"history": "",
|
| 926 |
"last_amended": "2005-12-12",
|
| 927 |
+
"in_force": "2005-12-12",
|
| 928 |
+
"status": "in force",
|
| 929 |
"current_to": "2024-11-11",
|
| 930 |
"citation": "CBSA Act, s. 48",
|
| 931 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-48.html"
|
|
|
|
| 943 |
"text": "49 [Amendment]",
|
| 944 |
"history": "",
|
| 945 |
"last_amended": "2005-12-12",
|
| 946 |
+
"in_force": "2005-12-12",
|
| 947 |
+
"status": "in force",
|
| 948 |
"current_to": "2024-11-11",
|
| 949 |
"citation": "CBSA Act, s. 49",
|
| 950 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-49.html"
|
|
|
|
| 962 |
"text": "50 [Amendment]",
|
| 963 |
"history": "",
|
| 964 |
"last_amended": "2005-12-12",
|
| 965 |
+
"in_force": "2005-12-12",
|
| 966 |
+
"status": "in force",
|
| 967 |
"current_to": "2024-11-11",
|
| 968 |
"citation": "CBSA Act, s. 50",
|
| 969 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-50.html"
|
|
|
|
| 981 |
"text": "51 [Amendment]",
|
| 982 |
"history": "",
|
| 983 |
"last_amended": "2005-12-12",
|
| 984 |
+
"in_force": "2005-12-12",
|
| 985 |
+
"status": "in force",
|
| 986 |
"current_to": "2024-11-11",
|
| 987 |
"citation": "CBSA Act, s. 51",
|
| 988 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-51.html"
|
|
|
|
| 1000 |
"text": "52 [Amendment]",
|
| 1001 |
"history": "",
|
| 1002 |
"last_amended": "2005-12-12",
|
| 1003 |
+
"in_force": "2005-12-12",
|
| 1004 |
+
"status": "in force",
|
| 1005 |
"current_to": "2024-11-11",
|
| 1006 |
"citation": "CBSA Act, s. 52",
|
| 1007 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-52.html"
|
|
|
|
| 1019 |
"text": "53 [Amendment]",
|
| 1020 |
"history": "",
|
| 1021 |
"last_amended": "2005-12-12",
|
| 1022 |
+
"in_force": "2005-12-12",
|
| 1023 |
+
"status": "in force",
|
| 1024 |
"current_to": "2024-11-11",
|
| 1025 |
"citation": "CBSA Act, s. 53",
|
| 1026 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-53.html"
|
|
|
|
| 1038 |
"text": "54 [Amendment]",
|
| 1039 |
"history": "",
|
| 1040 |
"last_amended": "2005-12-12",
|
| 1041 |
+
"in_force": "2005-12-12",
|
| 1042 |
+
"status": "in force",
|
| 1043 |
"current_to": "2024-11-11",
|
| 1044 |
"citation": "CBSA Act, s. 54",
|
| 1045 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-54.html"
|
|
|
|
| 1057 |
"text": "55 [Amendments]",
|
| 1058 |
"history": "",
|
| 1059 |
"last_amended": "2005-12-12",
|
| 1060 |
+
"in_force": "2005-12-12",
|
| 1061 |
+
"status": "in force",
|
| 1062 |
"current_to": "2024-11-11",
|
| 1063 |
"citation": "CBSA Act, s. 55",
|
| 1064 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-55.html"
|
|
|
|
| 1076 |
"text": "56 [Related provision]",
|
| 1077 |
"history": "",
|
| 1078 |
"last_amended": "2005-12-12",
|
| 1079 |
+
"in_force": "2005-12-12",
|
| 1080 |
+
"status": "in force",
|
| 1081 |
"current_to": "2024-11-11",
|
| 1082 |
"citation": "CBSA Act, s. 56",
|
| 1083 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-56.html"
|
|
|
|
| 1095 |
"text": "57 [Amendment]",
|
| 1096 |
"history": "",
|
| 1097 |
"last_amended": "2005-12-12",
|
| 1098 |
+
"in_force": "2005-12-12",
|
| 1099 |
+
"status": "in force",
|
| 1100 |
"current_to": "2024-11-11",
|
| 1101 |
"citation": "CBSA Act, s. 57",
|
| 1102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-57.html"
|
|
|
|
| 1114 |
"text": "58 [Amendments]",
|
| 1115 |
"history": "",
|
| 1116 |
"last_amended": "2005-12-12",
|
| 1117 |
+
"in_force": "2005-12-12",
|
| 1118 |
+
"status": "in force",
|
| 1119 |
"current_to": "2024-11-11",
|
| 1120 |
"citation": "CBSA Act, s. 58",
|
| 1121 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-58.html"
|
|
|
|
| 1133 |
"text": "59 [Amendment]",
|
| 1134 |
"history": "",
|
| 1135 |
"last_amended": "2005-12-12",
|
| 1136 |
+
"in_force": "2005-12-12",
|
| 1137 |
+
"status": "in force",
|
| 1138 |
"current_to": "2024-11-11",
|
| 1139 |
"citation": "CBSA Act, s. 59",
|
| 1140 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-59.html"
|
|
|
|
| 1152 |
"text": "60 [Amendments]",
|
| 1153 |
"history": "",
|
| 1154 |
"last_amended": "2005-12-12",
|
| 1155 |
+
"in_force": "2005-12-12",
|
| 1156 |
+
"status": "in force",
|
| 1157 |
"current_to": "2024-11-11",
|
| 1158 |
"citation": "CBSA Act, s. 60",
|
| 1159 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-60.html"
|
|
|
|
| 1171 |
"text": "61 [Amendment]",
|
| 1172 |
"history": "",
|
| 1173 |
"last_amended": "2005-12-12",
|
| 1174 |
+
"in_force": "2005-12-12",
|
| 1175 |
+
"status": "in force",
|
| 1176 |
"current_to": "2024-11-11",
|
| 1177 |
"citation": "CBSA Act, s. 61",
|
| 1178 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-61.html"
|
|
|
|
| 1190 |
"text": "62 [Amendment]",
|
| 1191 |
"history": "",
|
| 1192 |
"last_amended": "2005-12-12",
|
| 1193 |
+
"in_force": "2005-12-12",
|
| 1194 |
+
"status": "in force",
|
| 1195 |
"current_to": "2024-11-11",
|
| 1196 |
"citation": "CBSA Act, s. 62",
|
| 1197 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-62.html"
|
|
|
|
| 1209 |
"text": "63 [Amendment]",
|
| 1210 |
"history": "",
|
| 1211 |
"last_amended": "2005-12-12",
|
| 1212 |
+
"in_force": "2005-12-12",
|
| 1213 |
+
"status": "in force",
|
| 1214 |
"current_to": "2024-11-11",
|
| 1215 |
"citation": "CBSA Act, s. 63",
|
| 1216 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-63.html"
|
|
|
|
| 1228 |
"text": "64 [Amendment]",
|
| 1229 |
"history": "",
|
| 1230 |
"last_amended": "2005-12-12",
|
| 1231 |
+
"in_force": "2005-12-12",
|
| 1232 |
+
"status": "in force",
|
| 1233 |
"current_to": "2024-11-11",
|
| 1234 |
"citation": "CBSA Act, s. 64",
|
| 1235 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-64.html"
|
|
|
|
| 1247 |
"text": "65 [Amendment]",
|
| 1248 |
"history": "",
|
| 1249 |
"last_amended": "2005-12-12",
|
| 1250 |
+
"in_force": "2005-12-12",
|
| 1251 |
+
"status": "in force",
|
| 1252 |
"current_to": "2024-11-11",
|
| 1253 |
"citation": "CBSA Act, s. 65",
|
| 1254 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-65.html"
|
|
|
|
| 1266 |
"text": "66 [Amendment]",
|
| 1267 |
"history": "",
|
| 1268 |
"last_amended": "2005-12-12",
|
| 1269 |
+
"in_force": "2005-12-12",
|
| 1270 |
+
"status": "in force",
|
| 1271 |
"current_to": "2024-11-11",
|
| 1272 |
"citation": "CBSA Act, s. 66",
|
| 1273 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-66.html"
|
|
|
|
| 1285 |
"text": "67 [Amendment]",
|
| 1286 |
"history": "",
|
| 1287 |
"last_amended": "2005-12-12",
|
| 1288 |
+
"in_force": "2005-12-12",
|
| 1289 |
+
"status": "in force",
|
| 1290 |
"current_to": "2024-11-11",
|
| 1291 |
"citation": "CBSA Act, s. 67",
|
| 1292 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-67.html"
|
|
|
|
| 1304 |
"text": "68 [Amendment]",
|
| 1305 |
"history": "",
|
| 1306 |
"last_amended": "2005-12-12",
|
| 1307 |
+
"in_force": "2005-12-12",
|
| 1308 |
+
"status": "in force",
|
| 1309 |
"current_to": "2024-11-11",
|
| 1310 |
"citation": "CBSA Act, s. 68",
|
| 1311 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-68.html"
|
|
|
|
| 1323 |
"text": "69 [Amendment]",
|
| 1324 |
"history": "",
|
| 1325 |
"last_amended": "2005-12-12",
|
| 1326 |
+
"in_force": "2005-12-12",
|
| 1327 |
+
"status": "in force",
|
| 1328 |
"current_to": "2024-11-11",
|
| 1329 |
"citation": "CBSA Act, s. 69",
|
| 1330 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-69.html"
|
|
|
|
| 1342 |
"text": "70 [Amendment]",
|
| 1343 |
"history": "",
|
| 1344 |
"last_amended": "2005-12-12",
|
| 1345 |
+
"in_force": "2005-12-12",
|
| 1346 |
+
"status": "in force",
|
| 1347 |
"current_to": "2024-11-11",
|
| 1348 |
"citation": "CBSA Act, s. 70",
|
| 1349 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-70.html"
|
|
|
|
| 1361 |
"text": "71 [Amendment]",
|
| 1362 |
"history": "",
|
| 1363 |
"last_amended": "2005-12-12",
|
| 1364 |
+
"in_force": "2005-12-12",
|
| 1365 |
+
"status": "in force",
|
| 1366 |
"current_to": "2024-11-11",
|
| 1367 |
"citation": "CBSA Act, s. 71",
|
| 1368 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-71.html"
|
|
|
|
| 1380 |
"text": "72 [Amendment]",
|
| 1381 |
"history": "",
|
| 1382 |
"last_amended": "2005-12-12",
|
| 1383 |
+
"in_force": "2005-12-12",
|
| 1384 |
+
"status": "in force",
|
| 1385 |
"current_to": "2024-11-11",
|
| 1386 |
"citation": "CBSA Act, s. 72",
|
| 1387 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-72.html"
|
|
|
|
| 1399 |
"text": "73 [Amendment]",
|
| 1400 |
"history": "",
|
| 1401 |
"last_amended": "2005-12-12",
|
| 1402 |
+
"in_force": "2005-12-12",
|
| 1403 |
+
"status": "in force",
|
| 1404 |
"current_to": "2024-11-11",
|
| 1405 |
"citation": "CBSA Act, s. 73",
|
| 1406 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-73.html"
|
|
|
|
| 1418 |
"text": "74 [Amendment]",
|
| 1419 |
"history": "",
|
| 1420 |
"last_amended": "2005-12-12",
|
| 1421 |
+
"in_force": "2005-12-12",
|
| 1422 |
+
"status": "in force",
|
| 1423 |
"current_to": "2024-11-11",
|
| 1424 |
"citation": "CBSA Act, s. 74",
|
| 1425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-74.html"
|
|
|
|
| 1437 |
"text": "75 [Amendment]",
|
| 1438 |
"history": "",
|
| 1439 |
"last_amended": "2005-12-12",
|
| 1440 |
+
"in_force": "2005-12-12",
|
| 1441 |
+
"status": "in force",
|
| 1442 |
"current_to": "2024-11-11",
|
| 1443 |
"citation": "CBSA Act, s. 75",
|
| 1444 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-75.html"
|
|
|
|
| 1456 |
"text": "76 [Amendment]",
|
| 1457 |
"history": "",
|
| 1458 |
"last_amended": "2005-12-12",
|
| 1459 |
+
"in_force": "2005-12-12",
|
| 1460 |
+
"status": "in force",
|
| 1461 |
"current_to": "2024-11-11",
|
| 1462 |
"citation": "CBSA Act, s. 76",
|
| 1463 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-76.html"
|
|
|
|
| 1475 |
"text": "77 [Amendment]",
|
| 1476 |
"history": "",
|
| 1477 |
"last_amended": "2005-12-12",
|
| 1478 |
+
"in_force": "2005-12-12",
|
| 1479 |
+
"status": "in force",
|
| 1480 |
"current_to": "2024-11-11",
|
| 1481 |
"citation": "CBSA Act, s. 77",
|
| 1482 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-77.html"
|
|
|
|
| 1494 |
"text": "78 [Amendments]",
|
| 1495 |
"history": "",
|
| 1496 |
"last_amended": "2005-12-12",
|
| 1497 |
+
"in_force": "2005-12-12",
|
| 1498 |
+
"status": "in force",
|
| 1499 |
"current_to": "2024-11-11",
|
| 1500 |
"citation": "CBSA Act, s. 78",
|
| 1501 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-78.html"
|
|
|
|
| 1513 |
"text": "79 [Amendment]",
|
| 1514 |
"history": "",
|
| 1515 |
"last_amended": "2005-12-12",
|
| 1516 |
+
"in_force": "2005-12-12",
|
| 1517 |
+
"status": "in force",
|
| 1518 |
"current_to": "2024-11-11",
|
| 1519 |
"citation": "CBSA Act, s. 79",
|
| 1520 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-79.html"
|
|
|
|
| 1532 |
"text": "80 [Amendments]",
|
| 1533 |
"history": "",
|
| 1534 |
"last_amended": "2005-12-12",
|
| 1535 |
+
"in_force": "2005-12-12",
|
| 1536 |
+
"status": "in force",
|
| 1537 |
"current_to": "2024-11-11",
|
| 1538 |
"citation": "CBSA Act, s. 80",
|
| 1539 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-80.html"
|
|
|
|
| 1551 |
"text": "81 [Amendment]",
|
| 1552 |
"history": "",
|
| 1553 |
"last_amended": "2005-12-12",
|
| 1554 |
+
"in_force": "2005-12-12",
|
| 1555 |
+
"status": "in force",
|
| 1556 |
"current_to": "2024-11-11",
|
| 1557 |
"citation": "CBSA Act, s. 81",
|
| 1558 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-81.html"
|
|
|
|
| 1570 |
"text": "82 [Amendment]",
|
| 1571 |
"history": "",
|
| 1572 |
"last_amended": "2005-12-12",
|
| 1573 |
+
"in_force": "2005-12-12",
|
| 1574 |
+
"status": "in force",
|
| 1575 |
"current_to": "2024-11-11",
|
| 1576 |
"citation": "CBSA Act, s. 82",
|
| 1577 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-82.html"
|
|
|
|
| 1589 |
"text": "83 [Amendment]",
|
| 1590 |
"history": "",
|
| 1591 |
"last_amended": "2005-12-12",
|
| 1592 |
+
"in_force": "2005-12-12",
|
| 1593 |
+
"status": "in force",
|
| 1594 |
"current_to": "2024-11-11",
|
| 1595 |
"citation": "CBSA Act, s. 83",
|
| 1596 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-83.html"
|
|
|
|
| 1608 |
"text": "84 [Amendments]",
|
| 1609 |
"history": "",
|
| 1610 |
"last_amended": "2005-12-12",
|
| 1611 |
+
"in_force": "2005-12-12",
|
| 1612 |
+
"status": "in force",
|
| 1613 |
"current_to": "2024-11-11",
|
| 1614 |
"citation": "CBSA Act, s. 84",
|
| 1615 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-84.html"
|
|
|
|
| 1627 |
"text": "85 [Amendments]",
|
| 1628 |
"history": "",
|
| 1629 |
"last_amended": "2005-12-12",
|
| 1630 |
+
"in_force": "2005-12-12",
|
| 1631 |
+
"status": "in force",
|
| 1632 |
"current_to": "2024-11-11",
|
| 1633 |
"citation": "CBSA Act, s. 85",
|
| 1634 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-85.html"
|
|
|
|
| 1646 |
"text": "86 [Amendments]",
|
| 1647 |
"history": "",
|
| 1648 |
"last_amended": "2005-12-12",
|
| 1649 |
+
"in_force": "2005-12-12",
|
| 1650 |
+
"status": "in force",
|
| 1651 |
"current_to": "2024-11-11",
|
| 1652 |
"citation": "CBSA Act, s. 86",
|
| 1653 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-86.html"
|
|
|
|
| 1665 |
"text": "87 [Amendment]",
|
| 1666 |
"history": "",
|
| 1667 |
"last_amended": "2005-12-12",
|
| 1668 |
+
"in_force": "2005-12-12",
|
| 1669 |
+
"status": "in force",
|
| 1670 |
"current_to": "2024-11-11",
|
| 1671 |
"citation": "CBSA Act, s. 87",
|
| 1672 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-87.html"
|
|
|
|
| 1684 |
"text": "88 [Amendment]",
|
| 1685 |
"history": "",
|
| 1686 |
"last_amended": "2005-12-12",
|
| 1687 |
+
"in_force": "2005-12-12",
|
| 1688 |
+
"status": "in force",
|
| 1689 |
"current_to": "2024-11-11",
|
| 1690 |
"citation": "CBSA Act, s. 88",
|
| 1691 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-88.html"
|
|
|
|
| 1703 |
"text": "89 [Amendments]",
|
| 1704 |
"history": "",
|
| 1705 |
"last_amended": "2005-12-12",
|
| 1706 |
+
"in_force": "2005-12-12",
|
| 1707 |
+
"status": "in force",
|
| 1708 |
"current_to": "2024-11-11",
|
| 1709 |
"citation": "CBSA Act, s. 89",
|
| 1710 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-89.html"
|
|
|
|
| 1722 |
"text": "90 [Amendment]",
|
| 1723 |
"history": "",
|
| 1724 |
"last_amended": "2005-12-12",
|
| 1725 |
+
"in_force": "2005-12-12",
|
| 1726 |
+
"status": "in force",
|
| 1727 |
"current_to": "2024-11-11",
|
| 1728 |
"citation": "CBSA Act, s. 90",
|
| 1729 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-90.html"
|
|
|
|
| 1741 |
"text": "91 [Amendment]",
|
| 1742 |
"history": "",
|
| 1743 |
"last_amended": "2005-12-12",
|
| 1744 |
+
"in_force": "2005-12-12",
|
| 1745 |
+
"status": "in force",
|
| 1746 |
"current_to": "2024-11-11",
|
| 1747 |
"citation": "CBSA Act, s. 91",
|
| 1748 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-91.html"
|
|
|
|
| 1760 |
"text": "92 [Amendment]",
|
| 1761 |
"history": "",
|
| 1762 |
"last_amended": "2005-12-12",
|
| 1763 |
+
"in_force": "2005-12-12",
|
| 1764 |
+
"status": "in force",
|
| 1765 |
"current_to": "2024-11-11",
|
| 1766 |
"citation": "CBSA Act, s. 92",
|
| 1767 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-92.html"
|
|
|
|
| 1779 |
"text": "93 [Amendment]",
|
| 1780 |
"history": "",
|
| 1781 |
"last_amended": "2005-12-12",
|
| 1782 |
+
"in_force": "2005-12-12",
|
| 1783 |
+
"status": "in force",
|
| 1784 |
"current_to": "2024-11-11",
|
| 1785 |
"citation": "CBSA Act, s. 93",
|
| 1786 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-93.html"
|
|
|
|
| 1798 |
"text": "94 [Amendments]",
|
| 1799 |
"history": "",
|
| 1800 |
"last_amended": "2005-12-12",
|
| 1801 |
+
"in_force": "2005-12-12",
|
| 1802 |
+
"status": "in force",
|
| 1803 |
"current_to": "2024-11-11",
|
| 1804 |
"citation": "CBSA Act, s. 94",
|
| 1805 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-94.html"
|
|
|
|
| 1817 |
"text": "95 [Amendments]",
|
| 1818 |
"history": "",
|
| 1819 |
"last_amended": "2005-12-12",
|
| 1820 |
+
"in_force": "2005-12-12",
|
| 1821 |
+
"status": "in force",
|
| 1822 |
"current_to": "2024-11-11",
|
| 1823 |
"citation": "CBSA Act, s. 95",
|
| 1824 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-95.html"
|
|
|
|
| 1836 |
"text": "96 [Amendment]",
|
| 1837 |
"history": "",
|
| 1838 |
"last_amended": "2005-12-12",
|
| 1839 |
+
"in_force": "2005-12-12",
|
| 1840 |
+
"status": "in force",
|
| 1841 |
"current_to": "2024-11-11",
|
| 1842 |
"citation": "CBSA Act, s. 96",
|
| 1843 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-96.html"
|
|
|
|
| 1855 |
"text": "97 [Amendment]",
|
| 1856 |
"history": "",
|
| 1857 |
"last_amended": "2005-12-12",
|
| 1858 |
+
"in_force": "2005-12-12",
|
| 1859 |
+
"status": "in force",
|
| 1860 |
"current_to": "2024-11-11",
|
| 1861 |
"citation": "CBSA Act, s. 97",
|
| 1862 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-97.html"
|
|
|
|
| 1874 |
"text": "98 [Amendment]",
|
| 1875 |
"history": "",
|
| 1876 |
"last_amended": "2005-12-12",
|
| 1877 |
+
"in_force": "2005-12-12",
|
| 1878 |
+
"status": "in force",
|
| 1879 |
"current_to": "2024-11-11",
|
| 1880 |
"citation": "CBSA Act, s. 98",
|
| 1881 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-98.html"
|
|
|
|
| 1893 |
"text": "99 [Amendment]",
|
| 1894 |
"history": "",
|
| 1895 |
"last_amended": "2005-12-12",
|
| 1896 |
+
"in_force": "2005-12-12",
|
| 1897 |
+
"status": "in force",
|
| 1898 |
"current_to": "2024-11-11",
|
| 1899 |
"citation": "CBSA Act, s. 99",
|
| 1900 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-99.html"
|
|
|
|
| 1912 |
"text": "100 [Amendment]",
|
| 1913 |
"history": "",
|
| 1914 |
"last_amended": "2005-12-12",
|
| 1915 |
+
"in_force": "2005-12-12",
|
| 1916 |
+
"status": "in force",
|
| 1917 |
"current_to": "2024-11-11",
|
| 1918 |
"citation": "CBSA Act, s. 100",
|
| 1919 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-100.html"
|
|
|
|
| 1931 |
"text": "101 [Amendment]",
|
| 1932 |
"history": "",
|
| 1933 |
"last_amended": "2005-12-12",
|
| 1934 |
+
"in_force": "2005-12-12",
|
| 1935 |
+
"status": "in force",
|
| 1936 |
"current_to": "2024-11-11",
|
| 1937 |
"citation": "CBSA Act, s. 101",
|
| 1938 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-101.html"
|
|
|
|
| 1950 |
"text": "102 [Amendments]",
|
| 1951 |
"history": "",
|
| 1952 |
"last_amended": "2005-12-12",
|
| 1953 |
+
"in_force": "2005-12-12",
|
| 1954 |
+
"status": "in force",
|
| 1955 |
"current_to": "2024-11-11",
|
| 1956 |
"citation": "CBSA Act, s. 102",
|
| 1957 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-102.html"
|
|
|
|
| 1969 |
"text": "103 [Amendment]",
|
| 1970 |
"history": "",
|
| 1971 |
"last_amended": "2005-12-12",
|
| 1972 |
+
"in_force": "2005-12-12",
|
| 1973 |
+
"status": "in force",
|
| 1974 |
"current_to": "2024-11-11",
|
| 1975 |
"citation": "CBSA Act, s. 103",
|
| 1976 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-103.html"
|
|
|
|
| 1988 |
"text": "104 [Amendment]",
|
| 1989 |
"history": "",
|
| 1990 |
"last_amended": "2005-12-12",
|
| 1991 |
+
"in_force": "2005-12-12",
|
| 1992 |
+
"status": "in force",
|
| 1993 |
"current_to": "2024-11-11",
|
| 1994 |
"citation": "CBSA Act, s. 104",
|
| 1995 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-104.html"
|
|
|
|
| 2007 |
"text": "105 [Amendments]",
|
| 2008 |
"history": "",
|
| 2009 |
"last_amended": "2005-12-12",
|
| 2010 |
+
"in_force": "2005-12-12",
|
| 2011 |
+
"status": "in force",
|
| 2012 |
"current_to": "2024-11-11",
|
| 2013 |
"citation": "CBSA Act, s. 105",
|
| 2014 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-105.html"
|
|
|
|
| 2026 |
"text": "106 [Amendment]",
|
| 2027 |
"history": "",
|
| 2028 |
"last_amended": "2005-12-12",
|
| 2029 |
+
"in_force": "2005-12-12",
|
| 2030 |
+
"status": "in force",
|
| 2031 |
"current_to": "2024-11-11",
|
| 2032 |
"citation": "CBSA Act, s. 106",
|
| 2033 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-106.html"
|
|
|
|
| 2045 |
"text": "107 [Amendment]",
|
| 2046 |
"history": "",
|
| 2047 |
"last_amended": "2005-12-12",
|
| 2048 |
+
"in_force": "2005-12-12",
|
| 2049 |
+
"status": "in force",
|
| 2050 |
"current_to": "2024-11-11",
|
| 2051 |
"citation": "CBSA Act, s. 107",
|
| 2052 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-107.html"
|
|
|
|
| 2064 |
"text": "108 [Amendment]",
|
| 2065 |
"history": "",
|
| 2066 |
"last_amended": "2005-12-12",
|
| 2067 |
+
"in_force": "2005-12-12",
|
| 2068 |
+
"status": "in force",
|
| 2069 |
"current_to": "2024-11-11",
|
| 2070 |
"citation": "CBSA Act, s. 108",
|
| 2071 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-108.html"
|
|
|
|
| 2083 |
"text": "109 [Amendment]",
|
| 2084 |
"history": "",
|
| 2085 |
"last_amended": "2005-12-12",
|
| 2086 |
+
"in_force": "2005-12-12",
|
| 2087 |
+
"status": "in force",
|
| 2088 |
"current_to": "2024-11-11",
|
| 2089 |
"citation": "CBSA Act, s. 109",
|
| 2090 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-109.html"
|
|
|
|
| 2102 |
"text": "110 [Amendment]",
|
| 2103 |
"history": "",
|
| 2104 |
"last_amended": "2005-12-12",
|
| 2105 |
+
"in_force": "2005-12-12",
|
| 2106 |
+
"status": "in force",
|
| 2107 |
"current_to": "2024-11-11",
|
| 2108 |
"citation": "CBSA Act, s. 110",
|
| 2109 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-110.html"
|
|
|
|
| 2121 |
"text": "111 [Amendment]",
|
| 2122 |
"history": "",
|
| 2123 |
"last_amended": "2005-12-12",
|
| 2124 |
+
"in_force": "2005-12-12",
|
| 2125 |
+
"status": "in force",
|
| 2126 |
"current_to": "2024-11-11",
|
| 2127 |
"citation": "CBSA Act, s. 111",
|
| 2128 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-111.html"
|
|
|
|
| 2140 |
"text": "112 [Amendment]",
|
| 2141 |
"history": "",
|
| 2142 |
"last_amended": "2005-12-12",
|
| 2143 |
+
"in_force": "2005-12-12",
|
| 2144 |
+
"status": "in force",
|
| 2145 |
"current_to": "2024-11-11",
|
| 2146 |
"citation": "CBSA Act, s. 112",
|
| 2147 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-112.html"
|
|
|
|
| 2159 |
"text": "113 [Amendment]",
|
| 2160 |
"history": "",
|
| 2161 |
"last_amended": "2005-12-12",
|
| 2162 |
+
"in_force": "2005-12-12",
|
| 2163 |
+
"status": "in force",
|
| 2164 |
"current_to": "2024-11-11",
|
| 2165 |
"citation": "CBSA Act, s. 113",
|
| 2166 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-113.html"
|
|
|
|
| 2178 |
"text": "114 [Amendment]",
|
| 2179 |
"history": "",
|
| 2180 |
"last_amended": "2005-12-12",
|
| 2181 |
+
"in_force": "2005-12-12",
|
| 2182 |
+
"status": "in force",
|
| 2183 |
"current_to": "2024-11-11",
|
| 2184 |
"citation": "CBSA Act, s. 114",
|
| 2185 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-114.html"
|
|
|
|
| 2197 |
"text": "115 [Amendment]",
|
| 2198 |
"history": "",
|
| 2199 |
"last_amended": "2005-12-12",
|
| 2200 |
+
"in_force": "2005-12-12",
|
| 2201 |
+
"status": "in force",
|
| 2202 |
"current_to": "2024-11-11",
|
| 2203 |
"citation": "CBSA Act, s. 115",
|
| 2204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-115.html"
|
|
|
|
| 2216 |
"text": "116 [Amendment]",
|
| 2217 |
"history": "",
|
| 2218 |
"last_amended": "2005-12-12",
|
| 2219 |
+
"in_force": "2005-12-12",
|
| 2220 |
+
"status": "in force",
|
| 2221 |
"current_to": "2024-11-11",
|
| 2222 |
"citation": "CBSA Act, s. 116",
|
| 2223 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-116.html"
|
|
|
|
| 2235 |
"text": "117 [Amendment]",
|
| 2236 |
"history": "",
|
| 2237 |
"last_amended": "2005-12-12",
|
| 2238 |
+
"in_force": "2005-12-12",
|
| 2239 |
+
"status": "in force",
|
| 2240 |
"current_to": "2024-11-11",
|
| 2241 |
"citation": "CBSA Act, s. 117",
|
| 2242 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-117.html"
|
|
|
|
| 2254 |
"text": "118 [Amendment]",
|
| 2255 |
"history": "",
|
| 2256 |
"last_amended": "2005-12-12",
|
| 2257 |
+
"in_force": "2005-12-12",
|
| 2258 |
+
"status": "in force",
|
| 2259 |
"current_to": "2024-11-11",
|
| 2260 |
"citation": "CBSA Act, s. 118",
|
| 2261 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-118.html"
|
|
|
|
| 2273 |
"text": "119 [Amendments]",
|
| 2274 |
"history": "",
|
| 2275 |
"last_amended": "2005-12-12",
|
| 2276 |
+
"in_force": "2005-12-12",
|
| 2277 |
+
"status": "in force",
|
| 2278 |
"current_to": "2024-11-11",
|
| 2279 |
"citation": "CBSA Act, s. 119",
|
| 2280 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-119.html"
|
|
|
|
| 2292 |
"text": "120 [Amendment]",
|
| 2293 |
"history": "",
|
| 2294 |
"last_amended": "2005-12-12",
|
| 2295 |
+
"in_force": "2005-12-12",
|
| 2296 |
+
"status": "in force",
|
| 2297 |
"current_to": "2024-11-11",
|
| 2298 |
"citation": "CBSA Act, s. 120",
|
| 2299 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-120.html"
|
|
|
|
| 2311 |
"text": "121 [Amendment]",
|
| 2312 |
"history": "",
|
| 2313 |
"last_amended": "2005-12-12",
|
| 2314 |
+
"in_force": "2005-12-12",
|
| 2315 |
+
"status": "in force",
|
| 2316 |
"current_to": "2024-11-11",
|
| 2317 |
"citation": "CBSA Act, s. 121",
|
| 2318 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-121.html"
|
|
|
|
| 2330 |
"text": "122 [Amendment]",
|
| 2331 |
"history": "",
|
| 2332 |
"last_amended": "2005-12-12",
|
| 2333 |
+
"in_force": "2005-12-12",
|
| 2334 |
+
"status": "in force",
|
| 2335 |
"current_to": "2024-11-11",
|
| 2336 |
"citation": "CBSA Act, s. 122",
|
| 2337 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-122.html"
|
|
|
|
| 2349 |
"text": "123 [Amendment]",
|
| 2350 |
"history": "",
|
| 2351 |
"last_amended": "2005-12-12",
|
| 2352 |
+
"in_force": "2005-12-12",
|
| 2353 |
+
"status": "in force",
|
| 2354 |
"current_to": "2024-11-11",
|
| 2355 |
"citation": "CBSA Act, s. 123",
|
| 2356 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-123.html"
|
|
|
|
| 2368 |
"text": "124 [Amendments]",
|
| 2369 |
"history": "",
|
| 2370 |
"last_amended": "2005-12-12",
|
| 2371 |
+
"in_force": "2005-12-12",
|
| 2372 |
+
"status": "in force",
|
| 2373 |
"current_to": "2024-11-11",
|
| 2374 |
"citation": "CBSA Act, s. 124",
|
| 2375 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-124.html"
|
|
|
|
| 2387 |
"text": "125 [Amendment]",
|
| 2388 |
"history": "",
|
| 2389 |
"last_amended": "2005-12-12",
|
| 2390 |
+
"in_force": "2005-12-12",
|
| 2391 |
+
"status": "in force",
|
| 2392 |
"current_to": "2024-11-11",
|
| 2393 |
"citation": "CBSA Act, s. 125",
|
| 2394 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-125.html"
|
|
|
|
| 2406 |
"text": "126 [Amendments]",
|
| 2407 |
"history": "",
|
| 2408 |
"last_amended": "2005-12-12",
|
| 2409 |
+
"in_force": "2005-12-12",
|
| 2410 |
+
"status": "in force",
|
| 2411 |
"current_to": "2024-11-11",
|
| 2412 |
"citation": "CBSA Act, s. 126",
|
| 2413 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-126.html"
|
|
|
|
| 2425 |
"text": "127 [Amendments]",
|
| 2426 |
"history": "",
|
| 2427 |
"last_amended": "2005-12-12",
|
| 2428 |
+
"in_force": "2005-12-12",
|
| 2429 |
+
"status": "in force",
|
| 2430 |
"current_to": "2024-11-11",
|
| 2431 |
"citation": "CBSA Act, s. 127",
|
| 2432 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-127.html"
|
|
|
|
| 2444 |
"text": "128 [Amendment]",
|
| 2445 |
"history": "",
|
| 2446 |
"last_amended": "2005-12-12",
|
| 2447 |
+
"in_force": "2005-12-12",
|
| 2448 |
+
"status": "in force",
|
| 2449 |
"current_to": "2024-11-11",
|
| 2450 |
"citation": "CBSA Act, s. 128",
|
| 2451 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-128.html"
|
|
|
|
| 2463 |
"text": "129 [Amendment]",
|
| 2464 |
"history": "",
|
| 2465 |
"last_amended": "2005-12-12",
|
| 2466 |
+
"in_force": "2005-12-12",
|
| 2467 |
+
"status": "in force",
|
| 2468 |
"current_to": "2024-11-11",
|
| 2469 |
"citation": "CBSA Act, s. 129",
|
| 2470 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-129.html"
|
|
|
|
| 2482 |
"text": "130 [Amendment]",
|
| 2483 |
"history": "",
|
| 2484 |
"last_amended": "2005-12-12",
|
| 2485 |
+
"in_force": "2005-12-12",
|
| 2486 |
+
"status": "in force",
|
| 2487 |
"current_to": "2024-11-11",
|
| 2488 |
"citation": "CBSA Act, s. 130",
|
| 2489 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-130.html"
|
|
|
|
| 2501 |
"text": "131 [Amendment]",
|
| 2502 |
"history": "",
|
| 2503 |
"last_amended": "2005-12-12",
|
| 2504 |
+
"in_force": "2005-12-12",
|
| 2505 |
+
"status": "in force",
|
| 2506 |
"current_to": "2024-11-11",
|
| 2507 |
"citation": "CBSA Act, s. 131",
|
| 2508 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-131.html"
|
|
|
|
| 2520 |
"text": "132 [Amendments]",
|
| 2521 |
"history": "",
|
| 2522 |
"last_amended": "2005-12-12",
|
| 2523 |
+
"in_force": "2005-12-12",
|
| 2524 |
+
"status": "in force",
|
| 2525 |
"current_to": "2024-11-11",
|
| 2526 |
"citation": "CBSA Act, s. 132",
|
| 2527 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-132.html"
|
|
|
|
| 2539 |
"text": "133 [Amendment]",
|
| 2540 |
"history": "",
|
| 2541 |
"last_amended": "2005-12-12",
|
| 2542 |
+
"in_force": "2005-12-12",
|
| 2543 |
+
"status": "in force",
|
| 2544 |
"current_to": "2024-11-11",
|
| 2545 |
"citation": "CBSA Act, s. 133",
|
| 2546 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-133.html"
|
|
|
|
| 2558 |
"text": "134 [Amendments]",
|
| 2559 |
"history": "",
|
| 2560 |
"last_amended": "2005-12-12",
|
| 2561 |
+
"in_force": "2005-12-12",
|
| 2562 |
+
"status": "in force",
|
| 2563 |
"current_to": "2024-11-11",
|
| 2564 |
"citation": "CBSA Act, s. 134",
|
| 2565 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-134.html"
|
|
|
|
| 2577 |
"text": "135 [Amendments]",
|
| 2578 |
"history": "",
|
| 2579 |
"last_amended": "2005-12-12",
|
| 2580 |
+
"in_force": "2005-12-12",
|
| 2581 |
+
"status": "in force",
|
| 2582 |
"current_to": "2024-11-11",
|
| 2583 |
"citation": "CBSA Act, s. 135",
|
| 2584 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-135.html"
|
|
|
|
| 2596 |
"text": "136 [Amendments]",
|
| 2597 |
"history": "",
|
| 2598 |
"last_amended": "2005-12-12",
|
| 2599 |
+
"in_force": "2005-12-12",
|
| 2600 |
+
"status": "in force",
|
| 2601 |
"current_to": "2024-11-11",
|
| 2602 |
"citation": "CBSA Act, s. 136",
|
| 2603 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-136.html"
|
|
|
|
| 2615 |
"text": "137 [Related provision]",
|
| 2616 |
"history": "",
|
| 2617 |
"last_amended": "2005-12-12",
|
| 2618 |
+
"in_force": "2005-12-12",
|
| 2619 |
+
"status": "in force",
|
| 2620 |
"current_to": "2024-11-11",
|
| 2621 |
"citation": "CBSA Act, s. 137",
|
| 2622 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-137.html"
|
|
|
|
| 2634 |
"text": "138 [Amendments]",
|
| 2635 |
"history": "",
|
| 2636 |
"last_amended": "2005-12-12",
|
| 2637 |
+
"in_force": "2005-12-12",
|
| 2638 |
+
"status": "in force",
|
| 2639 |
"current_to": "2024-11-11",
|
| 2640 |
"citation": "CBSA Act, s. 138",
|
| 2641 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-138.html"
|
|
|
|
| 2653 |
"text": "139 [Amendments]",
|
| 2654 |
"history": "",
|
| 2655 |
"last_amended": "2005-12-12",
|
| 2656 |
+
"in_force": "2005-12-12",
|
| 2657 |
+
"status": "in force",
|
| 2658 |
"current_to": "2024-11-11",
|
| 2659 |
"citation": "CBSA Act, s. 139",
|
| 2660 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-139.html"
|
|
|
|
| 2672 |
"text": "140 [Amendments]",
|
| 2673 |
"history": "",
|
| 2674 |
"last_amended": "2005-12-12",
|
| 2675 |
+
"in_force": "2005-12-12",
|
| 2676 |
+
"status": "in force",
|
| 2677 |
"current_to": "2024-11-11",
|
| 2678 |
"citation": "CBSA Act, s. 140",
|
| 2679 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-140.html"
|
|
|
|
| 2691 |
"text": "141 [Amendments]",
|
| 2692 |
"history": "",
|
| 2693 |
"last_amended": "2005-12-12",
|
| 2694 |
+
"in_force": "2005-12-12",
|
| 2695 |
+
"status": "in force",
|
| 2696 |
"current_to": "2024-11-11",
|
| 2697 |
"citation": "CBSA Act, s. 141",
|
| 2698 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-141.html"
|
|
|
|
| 2710 |
"text": "142 [Amendments]",
|
| 2711 |
"history": "",
|
| 2712 |
"last_amended": "2005-12-12",
|
| 2713 |
+
"in_force": "2005-12-12",
|
| 2714 |
+
"status": "in force",
|
| 2715 |
"current_to": "2024-11-11",
|
| 2716 |
"citation": "CBSA Act, s. 142",
|
| 2717 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-142.html"
|
|
|
|
| 2729 |
"text": "143 [Amendment]",
|
| 2730 |
"history": "",
|
| 2731 |
"last_amended": "2005-12-12",
|
| 2732 |
+
"in_force": "2005-12-12",
|
| 2733 |
+
"status": "in force",
|
| 2734 |
"current_to": "2024-11-11",
|
| 2735 |
"citation": "CBSA Act, s. 143",
|
| 2736 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-143.html"
|
|
|
|
| 2748 |
"text": "144 [Amendments]",
|
| 2749 |
"history": "",
|
| 2750 |
"last_amended": "2005-11-03",
|
| 2751 |
+
"in_force": "2005-11-03",
|
| 2752 |
+
"status": "in force",
|
| 2753 |
"current_to": "2024-11-11",
|
| 2754 |
"citation": "CBSA Act, s. 144",
|
| 2755 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-144.html"
|
|
|
|
| 2767 |
"text": "145 [Amendments]",
|
| 2768 |
"history": "",
|
| 2769 |
"last_amended": "2005-11-03",
|
| 2770 |
+
"in_force": "2005-11-03",
|
| 2771 |
+
"status": "in force",
|
| 2772 |
"current_to": "2024-11-11",
|
| 2773 |
"citation": "CBSA Act, s. 145",
|
| 2774 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-145.html"
|
|
|
|
| 2786 |
"text": "146 [Amendment]",
|
| 2787 |
"history": "",
|
| 2788 |
"last_amended": "2005-11-03",
|
| 2789 |
+
"in_force": "2005-11-03",
|
| 2790 |
+
"status": "in force",
|
| 2791 |
"current_to": "2024-11-11",
|
| 2792 |
"citation": "CBSA Act, s. 146",
|
| 2793 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-146.html"
|
|
|
|
| 2805 |
"text": "*147 This Act, except for sections 144 to 146, comes into force on a day to be fixed by order of the Governor in Council.\n* [Note: Sections 144 to 146 in force on assent November 3, 2005; Act, except sections 144 to 146, in force December 12, 2005, see SI/2005-119.]",
|
| 2806 |
"history": "",
|
| 2807 |
"last_amended": "2005-12-12",
|
| 2808 |
+
"in_force": "2005-12-12",
|
| 2809 |
+
"status": "in force",
|
| 2810 |
"current_to": "2024-11-11",
|
| 2811 |
"citation": "CBSA Act, s. *147",
|
| 2812 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/c-1.4/section-*147.html"
|
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@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1 This Act may be cited as the Export and Import Permits Act.",
|
| 13 |
"history": "R.S., c. E-17, s. 1",
|
| 14 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 15 |
"current_to": "2026-03-31",
|
| 16 |
"citation": "EIPA, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2\n(1) In this Act,\nArea Control List means a list of countries established under section 4; (liste des pays visés)\nAutomatic Firearms Country Control List means a list of countries established under section 4.1; (liste des pays désignés (armes automatiques))\nbroker means to arrange or negotiate a transaction that relates to the movement of goods or technology included in a Brokering Control List from a foreign country to another foreign country, including a transaction referred to in subsection (1.1); (courtage)\nBrokering Control List means a list of goods and technology established under section 4.11; (liste des marchandises de courtage contrôlé)\nCCFTA has the same meaning as Agreement in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act; (ALÉCC)\nCCRFTA has the same meaning as Agreement in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act; (ALÉCCR)\nCETA has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)\nCHFTA has the same meaning as Agreement in section 2 of the Canada–Honduras Economic Growth and Prosperity Act; (ALÉCH)\nChile has the same meaning as in subsection 2(1) of the Customs Tariff; (Chili)\nCIFTA has the same meaning as Agreement in subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act; (ALÉCI)\nColombia has the same meaning as in subsection 2(1) of the Customs Tariff; (Colombie)\nCosta Rica has the same meaning as in subsection 2(1) of the Customs Tariff; (Costa Rica)\nCPTPP has the same meaning as Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act; (PTPGP)\nCPTPP country has the same meaning as in subsection 2(1) of the Customs Tariff; (pays PTPGP)\nCUKTCA has the meaning assigned by the definition Agreement in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act; (ACCCRU)\nCUKTCA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (bénéficiaire de l’ACCCRU)\nCUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (ACEUM)\nCUSMA country means a country that is a party to CUSMA; (pays ACEUM)\ndata means representations, in any form, of information or concepts; (données)\nEU country or other CETA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (pays de l’Union européenne ou autre bénéficiaire de l’AÉCG)\nexport allocation means an export allocation issued under paragraph 6.2(2)(b) or 6.3(3)(b); (autorisation d’exportation)\nExport Control List means a list of goods and technology established under section 3; (liste des marchandises d’exportation contrôlée)\nforeign country means a country other than Canada; (pays étranger)\nFree Trade Agreement[Repealed, 1997, c. 14, s. 70]\nfree trade partner means\n(a) a CUSMA country,\n(a.1) an EU country or other CETA beneficiary,\n(a.2) CPTPP country,\n(b) Chile,\n(c) Israel or another CIFTA beneficiary, or\n(d) a CUKTCA beneficiary; (partenaire de libre-échange)\ngoods imported from a NAFTA country[Repealed, 1997, c. 14, s. 70]\ngoods imported from Israel or another CIFTA beneficiary[Repealed, 1997, c. 36, s. 207]\nHonduras has the same meaning as in subsection 2(1) of the Customs Tariff; (Honduras)\nimport allocation means an import allocation issued under paragraph 6.2(2)(b); (autorisation d’importation)\nImport Control List means a list of goods established under section 5; (liste des marchandises d’importation contrôlée)\nimported from Israel or another CIFTA beneficiary has the meaning assigned by regulations made under section 52 of the Customs Tariff; (importé d’Israël ou d’un autre bénéficiaire de l’ALÉCI)\nIsrael or another CIFTA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (Israël ou autre bénéficiaire de l’ALÉCI)\nMinister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)\nNAFTA[Repealed, 2020, c. 1, s. 40]\nNAFTA country[Repealed, 2020, c. 1, s. 40]\norganization has the same meaning as in section 2 of the Criminal Code; (organisation)\nPanama has the same meaning as in subsection 2(1) of the Customs Tariff; (Panama)\nPeru has the same meaning as in subsection 2(1) of the Customs Tariff; (Pérou)\nrecord means any material on which data are recorded or marked and which is capable of being read or understood by a person or a computer system or other device; (registre)\nresident of Canada means, in the case of a natural person, a person who ordinarily resides in Canada and, in the case of a corporation, a corporation having its head office in Canada or operating a branch office in Canada; (résident du Canada)\nsoftwood lumber agreement means the Softwood Lumber Agreement between the Government of Canada and the Government of the United States of America signed on September 12, 2006 and amended on October 12, 2006, and includes any rectifications made to it before its ratification by Canada; (accord sur le bois d’oeuvre)\ntechnology includes technical data, technical assistance and information necessary for the development, production or use of an article included in an Export Control List or a Brokering Control List; (technologie)\ntransfer means, in relation to technology, to dispose of it or disclose its content in any manner from a place in Canada to a place outside Canada; (transfert)\nWorld Trade Organization Agreement has the same meaning as the word Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’Organisation mondiale du commerce)\n(1.1) [Transaction — brokering] For the purpose of the definition broker, a transaction that relates to the movement of goods or technology includes a transaction that relates to its acquisition or disposition, and a transaction that relates to the movement of technology also includes a transaction that relates to the disclosure of its contents.\n(2) [Goods imported from certain countries] For the purposes of this Act, goods are imported from one of the following countries or territories if they are shipped directly to Canada from that country or territory, within the meaning of sections 17 and 18 of the Customs Tariff:\na CUSMA country\nan EU country or other CETA beneficiary\nChile\nCosta Rica\nCPTPP country\nCUKTCA beneficiary\nHonduras",
|
| 30 |
"history": "R.S., 1985, c. E-19, s. 2; 1988, c. 65, s. 116; 1991, c. 28, s. 1; 1993, c. 44, s. 146; 1994, c. 47, s. 100; 1996, c. 33, s. 57; 1997, c. 14, s. 70, c. 36, s. 207; 2001, c. 28, s. 47; 2004, c. 15, s. 53; 2006, c. 13, s. 109; 2009, c. 16, s. 52; 2010, c. 4, s. 44; 2012, c. 26, s. 51; 2014, c. 14, s. 17; 2017, c. 6, s. 15; 2018, c. 23, s. 14; 2018, c. 26, s. 3; 2020, c. 1, s. 40; 2021, c. 1, s. 16",
|
| 31 |
"last_amended": "2021-04-01",
|
|
|
|
|
|
|
| 32 |
"current_to": "2026-03-31",
|
| 33 |
"citation": "EIPA, s. 2",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-2.html"
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@@ -46,6 +50,8 @@
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| 46 |
"text": "3\n(1) The Governor in Council may establish a list of goods and technology, to be called an Export Control List, including therein any article the export or transfer of which the Governor in Council deems it necessary to control for any of the following purposes:\n(a) to ensure that arms, ammunition, implements or munitions of war, naval, army or air stores or any articles deemed capable of being converted thereinto or made useful in the production thereof or otherwise having a strategic nature or value will not be made available to any destination where their use might be detrimental to the security of Canada;\n(b) to ensure that any action taken to promote the further processing in Canada of a natural resource that is produced in Canada is not rendered ineffective by reason of the unrestricted exportation of that natural resource;\n(c) to limit or keep under surveillance the export of any raw or processed material that is produced in Canada in circumstances of surplus supply and depressed prices and that is not a produce of agriculture;\n(c.1) [Repealed, 1999, c. 31, s. 88]\n(d) to implement an intergovernmental arrangement or commitment;\n(e) to ensure that there is an adequate supply and distribution of the article in Canada for defence or other needs;\n(f) to ensure the orderly export marketing of any goods that are subject to a limitation imposed by any country or customs territory on the quantity of the goods that, on importation into that country or customs territory in any given period, is eligible for the benefit provided for goods imported within that limitation; or\n(g) to facilitate the collection of information in respect of the exportation of goods that were, are, or are likely to be, the subject of trade investigations or trade disputes.\n(2) [Conditions] The description of goods set out in the Export Control List may contain conditions that are based on approvals, classifications or determinations made by specified persons or specified government entities, including foreign government entities.",
|
| 47 |
"history": "R.S., 1985, c. E-19, s. 3; R.S., 1985, c. 12 (3rd Supp.), s. 26; 1999, c. 31, s. 88; 2004, c. 15, s. 54; 2006, c. 13, s. 110; 2017, c. 6, s. 16(F); 2018, c. 26, s. 4",
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| 48 |
"last_amended": "2019-09-01",
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| 49 |
"current_to": "2026-03-31",
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| 50 |
"citation": "EIPA, s. 3",
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| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-3.html"
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@@ -63,6 +69,8 @@
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| 63 |
"text": "3.1 [Repealed, 1999, c. 31, s. 89]",
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| 64 |
"history": "",
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| 65 |
"last_amended": "2002-12-31",
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| 66 |
"current_to": "2026-03-31",
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| 67 |
"citation": "EIPA, s. 3.1",
|
| 68 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-3.1.html"
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@@ -80,6 +88,8 @@
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| 80 |
"text": "4 The Governor in Council may establish a list of countries, to be called an Area Control List, including therein any country to which the Governor in Council deems it necessary to control the export or transfer of any goods or technology.",
|
| 81 |
"history": "R.S., 1985, c. E-19, s. 4; 2004, c. 15, s. 55",
|
| 82 |
"last_amended": "2007-03-31",
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| 83 |
"current_to": "2026-03-31",
|
| 84 |
"citation": "EIPA, s. 4",
|
| 85 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-4.html"
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@@ -97,6 +107,8 @@
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| 97 |
"text": "4.1 The Governor in Council may, on the recommendation of the Minister made after consultation with the Minister of National Defence, establish a list of countries, to be called an Automatic Firearms Country Control List, to which the Governor in Council considers it appropriate to permit the export of any of the following that is included in an Export Control List, or any component or part of any such thing:\n(a) a prohibited firearm described in paragraph (c) or (d) of the definition prohibited firearm in subsection 84(1) of the Criminal Code;\n(b) a prohibited weapon described in paragraph (b) of the definition prohibited weapon in that subsection; or\n(c) a prohibited device described in paragraph (a) or (d) of the definition prohibited device in that subsection.",
|
| 98 |
"history": "1991, c. 28, s. 2; 1995, c. 39, s. 171; 2018, c. 26, s. 5",
|
| 99 |
"last_amended": "2019-09-01",
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| 100 |
"current_to": "2026-03-31",
|
| 101 |
"citation": "EIPA, s. 4.1",
|
| 102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-4.1.html"
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@@ -114,6 +126,8 @@
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| 114 |
"text": "4.11\n(1) The Governor in Council may establish a list of goods and technology, to be called a Brokering Control List, including in it any article that is included in an Export Control List the brokering of which the Governor in Council considers it necessary to control.\n(2) [Conditions] The description of any article set out in the Brokering Control List may contain conditions that are based on approvals, classifications or determinations made by specified persons or specified government entities, including foreign government entities. For greater certainty, those conditions may differ from any conditions set out in the description of that article in the Export Control List.",
|
| 115 |
"history": "2018, c. 26, s. 5",
|
| 116 |
"last_amended": "2019-09-01",
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| 117 |
"current_to": "2026-03-31",
|
| 118 |
"citation": "EIPA, s. 4.11",
|
| 119 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-4.11.html"
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@@ -131,6 +145,8 @@
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| 131 |
"text": "4.2\n(1) In section 5,\ncontribute importantly, in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; (contribuer de manière importante)\nprincipal cause means an important cause that is no less important than any other cause; (cause principale)\nserious injury means, in relation to domestic producers of like or directly competitive goods, a significant overall impairment in the position of the domestic producers; (dommage grave)\nsurge, in respect of goods imported from\n(a) a CUSMA country, means a significant increase in imports over the trend for a recent representative base period, and\n(b) Chile, has the meaning given that word by Article F-05 of CCFTA; (augmentation subite)\nthreat of serious injury means serious injury that, on the basis of facts, and not merely of allegation, conjecture or remote possibility, is clearly imminent. (menace de dommage grave)\n(2) [Application of definition in regulations] Any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act defining “like or directly competitive goods” apply for the purposes of sections 5 and 5.4.",
|
| 132 |
"history": "1994, c. 47, s. 102; 1996, c. 33, s. 58; 1997, c. 14, s. 71; 2002, c. 19, s. 12; 2009, c. 16, s. 53; 2010, c. 4, s. 45; 2012, c. 26, s. 52; 2020, c. 1, s. 41",
|
| 133 |
"last_amended": "2020-07-01",
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|
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|
| 134 |
"current_to": "2026-03-31",
|
| 135 |
"citation": "EIPA, s. 4.2",
|
| 136 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-4.2.html"
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@@ -148,6 +164,8 @@
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| 148 |
"text": "5\n(1) The Governor in Council may establish a list of goods, to be called an Import Control List, including therein any article the import of which the Governor in Council deems it necessary to control for any of the following purposes:\n(a) to ensure, in accordance with the needs of Canada, the best possible supply and distribution of an article that is scarce in world markets or in Canada or is subject to governmental controls in the countries of origin or to allocation by intergovernmental arrangement;\n(b) to restrict, for the purpose of supporting any action taken under the Farm Products Marketing Agencies Act, the importation in any form of a like article to one produced or marketed in Canada the quantities of which are fixed or determined under that Act;\n(c) [Repealed, 1994, c. 47, s. 220]\n(c.1) to restrict the importation of arms, ammunition, implements or munitions of war, army, naval or air stores, or any articles deemed capable of being converted thereinto or made useful in the production thereof;\n(d) to implement an action taken under the Agricultural Marketing Programs Act or the Canadian Dairy Commission Act, with the object or effect of supporting the price of the article;\n(e) to implement an intergovernmental arrangement or commitment; or\n(f) to prevent the frustration or circumvention of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement by the importation of goods that are like or directly competitive with goods to which the Agreement on Textiles and Clothing applies.\n(2) [Statement or summary to be laid before Parliament] Where any goods are included in the Import Control List for the purpose of ensuring supply or distribution of goods subject to allocation by intergovernmental arrangement or for the purpose of implementing an intergovernmental arrangement or commitment, a statement of the effect or a summary of the arrangement or commitment, if it has not previously been laid before Parliament, shall be laid before Parliament not later than fifteen days after the order of the Governor in Council including those goods in the Import Control List is published in the Canada Gazette pursuant to the Statutory Instruments Act or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.\n(3) [Addition to Import Control List] Where at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 20 or 26 of the Canadian International Trade Tribunal Act, that goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods, any goods of the same kind may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent and, subject to subsection (7), for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the injury.\n(3.1) [Prohibition against further orders] No order may be made under subsection (3) with respect to goods that have already been the subject of an order made under that subsection or subsection 55(1) of the Customs Tariff unless, after the expiry of the order and any related orders made under subsection (3.2) or (4.1) or under section 60 or subsection 63(1) of the Customs Tariff, there has elapsed a period equal to the greater of two years and the total period during which the order or orders were in effect.\n(3.2) [Extension order] The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (3) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act, that\n(a) an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and\n(b) there is evidence that the domestic producers are adjusting, as determined in accordance with any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act.\n(3.3) [Period and revocation of extension orders] Every extension order made under subsection (3.2) shall, subject to this section, remain in effect for the period that is specified in the order, but the total of the specified period and the periods during which the goods were previously subject to any related orders made under subsection (3), (3.2) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff shall not exceed eight years.\n(3.4) [Exception for goods imported from certain countries] An order made under subsection (3) or (3.2) may exclude goods of any kind imported from a country listed in Schedule 1 if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.\n(4) [Exception for goods imported from a free trade partner] Notwithstanding subsections (3) and (3.2), an order made under those subsections may apply to goods imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 20, 26 or 30.07 of the Canadian International Trade Tribunal Act, that\n(a) the quantity of those goods represents a substantial share of the quantity of goods of the same kind imported into Canada from all countries;\n(b) in the case of goods imported from a CUSMA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other CUSMA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and\n(c) in the case of goods imported from any other free trade partner, the quantity of those goods contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.\n(4.01) to (4.05) [Repealed, 1997, c. 14, s. 72]\n(4.1) [New order with respect to goods imported from a free trade partner] If an order has been made under subsection (3) or (3.2) that does not, by virtue of subsection (4), apply to goods imported from a free trade partner and it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 30.01 or 30.011 of the Canadian International Trade Tribunal Act, that\n(a) there has been a surge of like goods imported from that free trade partner on or after the coming into force of the order, and\n(b) as a result of the surge, the effectiveness of the order is being undermined,\nany goods of the same kind imported into Canada from that free trade partner may, by order of the Governor in Council, be included on the Import Control List for the purpose of limiting their importation to prevent the undermining of the effectiveness of the order made under subsection (3) or (3.2).\n(4.2) [Order to specify] An order made under subsection (3) or (3.2) must state whether it applies to goods imported from a free trade partner.\n(4.3) [Addition to Import Control List] If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to goods imported from a free trade partner, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information if those goods are goods\n(a) to which an order made under subsection (3) or (3.2) does not apply by virtue of subsection (4); or\n(b) to which an order made under subsection 55(1) or 63(1) of the Customs Tariff does not apply because the goods did not meet the conditions set out in subsection 59(1) or 63(4) of that Act.\n(4.4) [Revocation or amendment of inclusion order] If at any time it appears to the satisfaction of the Governor in Council that an order including any goods on the Import Control List under subsection (3), (3.2) or (4.1) should be revoked or amended, the Governor in Council may, on the recommendation of the Minister, by order, revoke the order or amend it.\n(4.5) to (4.92) [Repealed, 1997, c. 14, s. 72]\n(5) [Addition to Import Control List] Where at any time it appears to the satisfaction of the Governor in Council on a report of the Minister made as described in subsection (3) that goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and under such conditions as to make it advisable to collect information with respect to the importation of those goods in order to ascertain whether the importation is causing or threatening injury to domestic producers of like or directly competitive goods, any goods of the same kind may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.\n(6) [Addition to Import Control List] If, for the purpose of facilitating the implementation of action taken under subsection 14(2), section 35, 39 or 43, paragraph 53(2)(d), subsection 55(1), section 60 or subsection 63(1) or 82(1) of the Customs Tariff, the Governor in Council considers it necessary to control the importation of any goods or collect information with respect to their importation, the Governor in Council may, by order, include those goods on the Import Control List for that purpose.\n(7) [Goods deemed to be removed from List] Where goods are included on the Import Control List by order of the Governor in Council under subsection (3), (5) or (6), the goods shall be deemed to be removed from that List\n(a) on the expiration of the period of four years after the day on which they are included on the List by the order; or\n(b) if the order specifies a day prior to the expiration of the period referred to in paragraph (a) on which they shall be deemed to be removed from that List, on the day specified in the order.\n(7.1) and (7.2) [Repealed, 1997, c. 14, s. 72]\n(8) [Goods imported from a free trade partner] If goods imported from a free trade partner are included on the Import Control List by order of the Governor in Council under subsection (4.1) or (4.3), the goods are deemed to be removed from that List on the earlier of\n(a) the day specified in the order, and\n(b) the day on which\n(i) in the case of an order under subsection (4.1) or under subsection (4.3) in respect of goods referred to in paragraph (4.3)(a), goods of the same kind imported from any other country that were included on that List by an order made under subsection (3) are removed from that List, and\n(ii) in the case of an order under subsection (4.3) in respect of goods referred to in paragraph (4.3)(b), the order under subsection 55(1) or 63(1) of the Customs Tariff that applies to goods of the same kind imported from any other country ceases to have effect.\n(9) [Repealed, 1997, c. 14, s. 72]",
|
| 149 |
"history": "R.S., 1985, c. E-19, s. 5; R.S., 1985, c. 1 (2nd Supp.), s. 213, c. 41 (3rd Supp.), s. 127, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 117; 1993, c. 34, s. 67, c. 44, s. 147; 1994, c. 47, ss. 103, 220; 1996, c. 33, s. 59; 1997, c. 14, s. 72, c. 20, s. 54, c. 36, s. 208; 2009, c. 16, s. 54; 2010, c. 4, s. 46; 2012, c. 26, s. 53; 2017, c. 6, s. 17; 2020, c. 1, s. 42",
|
| 150 |
"last_amended": "2020-07-01",
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|
| 151 |
"current_to": "2026-03-31",
|
| 152 |
"citation": "EIPA, s. 5",
|
| 153 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.html"
|
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@@ -165,6 +183,8 @@
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| 165 |
"text": "5.1\n(1) Where at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of a certain type of steel or a certain product made of steel that is, in the opinion of the Minister, traded in world markets in circumstances of surplus supply and depressed prices and where a significant proportion of world trade in that type of steel or that product is subject to control through the use of non-tariff measure, the Governor in Council may, by order, include, subject to subsection (2), that type of steel or that product on the Export Control List or the Import Control List or on both for the purpose of facilitating the collection of that information.\n(2) [Deemed removal from List] Where any type of steel or any product has been included on the Export Control List or the Import Control List by order of the Governor in Council under subsection (1), that type of steel or that product shall be deemed to be removed from the applicable List on the expiration of the period of three years from the day on which it was included on that List or on such day prior to the expiration of that period as may be specified in the order.\n(3) [Tabling of statistical summary in Parliament] The Minister shall, as soon as possible after the end of each calendar year, prepare a statistical summary of any information collected during that year pursuant to subsection (1) and shall cause a copy of that summary to be laid before each House of Parliament forthwith on the completion thereof or, if either House of Parliament is not then sitting, on any of the first fifteen days next thereafter that it is sitting.",
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| 166 |
"history": "R.S., 1985, c. 13 (3rd Supp.), s. 1",
|
| 167 |
"last_amended": "2002-12-31",
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| 168 |
"current_to": "2026-03-31",
|
| 169 |
"citation": "EIPA, s. 5.1",
|
| 170 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.1.html"
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@@ -182,6 +202,8 @@
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|
| 182 |
"text": "5.11 [Repealed, 1997, c. 14, s. 73]",
|
| 183 |
"history": "",
|
| 184 |
"last_amended": "2002-12-31",
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|
| 185 |
"current_to": "2026-03-31",
|
| 186 |
"citation": "EIPA, s. 5.11",
|
| 187 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.11.html"
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@@ -199,6 +221,8 @@
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| 199 |
"text": "5.2\n(1) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of which a specified quantity is eligible each year for the rate of duty provided for in provisions, set out in column 2 of Schedule 2, of an intergovernmental arrangement set out in column 1, the Governor in Council may, by order and without reference to that quantity, include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information.\n(2) [Addition to Import Control List — Schedule 3] If at any time it appears to the satisfaction of the Governor in Council that, for the purposes of implementing an intergovernmental arrangement set out column 1 of Schedule 3, it is advisable to collect information with respect to the importation of any goods listed in the provisions of that arrangement set out in column 2, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.\n(3) [Addition to Import Control List] If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the importation of any goods in respect of which a specified quantity is eligible for any reduction of customs duty under subsection 49(1) of the Customs Tariff or a reduction of the rate of customs duty under subsection 74(3) of that Act, the Governor in Council may, by order and without reference to that quantity, include those goods on the Import Control List in order to facilitate the collection of that information.",
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| 200 |
"history": "1988, c. 65, s. 118; 1997, c. 14, s. 73, c. 36, s. 209; 2001, c. 28, s. 48; 2014, c. 14, s. 18; 2017, c. 6, s. 18",
|
| 201 |
"last_amended": "2017-09-21",
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| 202 |
"current_to": "2026-03-31",
|
| 203 |
"citation": "EIPA, s. 5.2",
|
| 204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.2.html"
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@@ -216,6 +240,8 @@
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| 216 |
"text": "5.3 Where at any time it appears to the satisfaction of the Governor in Council that, for the purpose of implementing the Agreement on Agriculture in Annex 1A of the World Trade Organization Agreement, it is advisable to control the importation of goods or collect information with respect to the importation of goods, the Governor in Council may, by order, include the goods on the Import Control List.",
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| 217 |
"history": "1994, c. 47, s. 104",
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| 218 |
"last_amended": "2002-12-31",
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| 219 |
"current_to": "2026-03-31",
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| 220 |
"citation": "EIPA, s. 5.3",
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| 221 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.3.html"
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@@ -233,6 +259,8 @@
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| 233 |
"text": "5.4\n(1) The following definitions apply in this section.\naction means\n(a) any action, including a provisional action, taken\n(i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or\n(ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or\n(b) any combination of actions referred to in paragraph (a). (mesure)\nmarket disruption means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. (désorganisation du marché)\nsignificant cause means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat. (cause importante)\nWTO Member means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. (membre de l’OMC)\n(2) [Addition to Import Control List — market disruption] If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, those goods may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent and for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the market disruption.\n(3) [Addition to Import Control List — trade diversion] If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.23 of the Canadian International Trade Tribunal Act, that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, any goods originating in the People’s Republic of China may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent that is necessary to prevent or remedy the trade diversion.\n(4) [Extension order] The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (2) or under section 77.1 or 77.3 of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.\n(5) [Repeal or amendment of inclusion order] If at any time it appears to the satisfaction of the Governor in Council that an order including any goods on the Import Control List under subsection (2), (3) or (4) should be repealed or amended, the Governor in Council may, on the recommendation of the Minister, by order, repeal or amend the order.\n(6) [Addition to Import Control List] If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (2), that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada at such prices, in such quantities or under such conditions as to make it advisable to collect information with respect to the importation of those goods in order to ascertain whether the importation is causing or threatening to cause market disruption to domestic producers of like or directly competitive goods, those goods may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.\n(7) [Addition to Import Control List] If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (3), that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada so as to make it advisable to collect information with respect to goods originating in the People’s Republic of China in order to ascertain whether the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, those goods may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.\n(8) [Addition to Import Control List] If, for the purpose of facilitating the implementation of an order made under section 77.1, 77.3 or 77.6 of the Customs Tariff, the Governor in Council considers it necessary to control the importation of goods originating in the People’s Republic of China or collect information with respect to their importation, the Governor in Council may, by order, include those goods on the Import Control List for that purpose.\n(9) [Goods deemed to be removed from List] If goods are included on the Import Control List by order of the Governor in Council under subsection (8), the goods shall be deemed to be removed from that List on the earlier of\n(a) the day, if any, specified in that order, and\n(b) the day on which the order made under section 77.1, 77.3 or 77.6 of the Customs Tariff ceases to have effect or is repealed pursuant to section 77.2, 77.3 or 77.4 of that Act, as the case may be.\n(10) [Expiry date] Subsections (1) to (9) cease to have effect on December 11, 2013.",
|
| 234 |
"history": "2002, c. 19, s. 13",
|
| 235 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 236 |
"current_to": "2026-03-31",
|
| 237 |
"citation": "EIPA, s. 5.4",
|
| 238 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.4.html"
|
|
@@ -250,6 +278,8 @@
|
|
| 250 |
"text": "6 The Governor in Council may revoke, amend, vary or re-establish any Area Control List, Automatic Firearms Country Control List, Brokering Control List, Export Control List or Import Control List.",
|
| 251 |
"history": "R.S., 1985, c. E-19, s. 6; 1991, c. 28, s. 3; 2018, c. 26, s. 6",
|
| 252 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 253 |
"current_to": "2026-03-31",
|
| 254 |
"citation": "EIPA, s. 6",
|
| 255 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-6.html"
|
|
@@ -267,6 +297,8 @@
|
|
| 267 |
"text": "6.1\n(1) In this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Chile Tariff or the Costa Rica Tariff.\n(2) [When Minister may take measures] If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (b) or (c) and are not originating goods are being imported from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out\n(a) [Repealed, 2020, c. 1, s. 43]\n(b) in the case of goods listed in Appendix 1.1 of Annex C-00-B of CCFTA that are imported from Chile, in section 4 of that Annex in relation to those goods; and\n(c) in the case of goods listed in Appendix III.1.1.1 of Annex III.1 of CCRFTA that are imported from Costa Rica, in section 5 of that Annex in relation to those goods.\n(3) [Factors to be considered] In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.1 of CCRFTA, as the case may be.",
|
| 268 |
"history": "1993, c. 44, s. 149; 1994, c. 47, s. 105(F); 1997, c. 14, s. 74, c. 36, s. 210; 2001, c. 28, s. 49; 2020, c. 1, s. 43",
|
| 269 |
"last_amended": "2020-07-01",
|
|
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|
|
|
|
| 270 |
"current_to": "2026-03-31",
|
| 271 |
"citation": "EIPA, s. 6.1",
|
| 272 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-6.1.html"
|
|
@@ -284,6 +316,8 @@
|
|
| 284 |
"text": "6.2\n(1) If any goods have been included on the Import Control List under subsection 5(6) or for the purpose of implementing an intergovernmental arrangement or commitment, the Minister may determine import access quantities, or the basis for calculating them, for the purposes of subsection (2) and section 8.3 of this Act and for the purposes of the Customs Tariff.\n(1.1) [Determination of quantities — export] If any goods, other than softwood lumber products to which section 6.3 applies, have been included on the Export Control List for a purpose referred to in paragraph 3(1)(d) or (f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.1) or section 8.31.\n(2) [Allocation method] If the Minister has determined a quantity of goods under subsection (1) or (1.1), the Minister may\n(a) by order, establish a method for allocating the quantity to residents of Canada who apply for an allocation; and\n(b) issue an import allocation or an export allocation, as the case may be, to any resident of Canada who applies for the allocation, subject to the regulations and any terms and conditions the Minister may specify in the allocation.\n(3) [Transfer of allocation] The Minister may consent to the transfer of an import allocation or an export allocation from one resident of Canada to another.\n(4) [Payments and securities] The Minister, in relation to an allocation method established under paragraph (2)(a) or an import allocation issued under paragraph (2)(b), may accept payments and may receive any securities specified by the Minister.\n(5) [Export charges on certain dairy products — CUSMA] The Minister may impose and collect export charges in accordance with Article 3.A.3 of CUSMA.",
|
| 285 |
"history": "1994, c. 47, s. 106; 2017, c. 6, s. 20; 2018, c. 23, s. 15, c. 27, s. 415; 2020, c. 1, s. 44",
|
| 286 |
"last_amended": "2020-07-01",
|
|
|
|
|
|
|
| 287 |
"current_to": "2026-03-31",
|
| 288 |
"citation": "EIPA, s. 6.2",
|
| 289 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-6.2.html"
|
|
@@ -301,6 +335,8 @@
|
|
| 301 |
"text": "6.3\n(1) The following definitions apply in this section and section 6.4.\nBC Coast means the Coast forest region established by the Forest Regions and Districts Regulation of British Columbia, as it existed on July 1, 2006. (côte de la Colombie-Britannique)\nBC Interior means the Northern Interior forest region and the Southern Interior forest region established by the Forest Regions and Districts Regulation of British Columbia, as they existed on July 1, 2006. (intérieur de la Colombie-Britannique)\nregion means Ontario, Quebec, Manitoba, Saskatchewan, Alberta, the BC Coast or the BC Interior. (région)\n(2) [Determination of quantities] If any softwood lumber products have been included on the Export Control List for the purpose of implementing the softwood lumber agreement, the Minister may determine the quantity of those products that may be exported from a region during a month, or the basis for calculating such quantities, for the purposes of subsection (3) and section 8.4.\n(3) [Allocation method] If the Minister has determined a quantity of products under subsection (2), the Minister may\n(a) by order, establish a method for allocating the quantity to persons registered under section 23 of the Softwood Lumber Products Export Charge Act, 2006 who apply for an allocation; and\n(b) issue an export allocation for a month to any of those persons subject to the regulations and any terms and conditions that the Minister may specify in the export allocation.\n(4) [Transfer of allocation] The Minister may consent to the transfer of an export allocation from one registered person to another registered person.",
|
| 302 |
"history": "2006, c. 13, s. 111",
|
| 303 |
"last_amended": "2006-12-14",
|
|
|
|
|
|
|
| 304 |
"current_to": "2026-03-31",
|
| 305 |
"citation": "EIPA, s. 6.3",
|
| 306 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-6.3.html"
|
|
@@ -318,6 +354,8 @@
|
|
| 318 |
"text": "6.4 An exported softwood lumber product is deemed to be exported from the region where the product underwent its first primary processing, as defined in section 2 of the Softwood Lumber Products Export Charge Act, 2006. If, however, the exported product underwent its first primary processing in Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador, Yukon, the Northwest Territories or Nunavut from softwood sawlogs originating in a region, it is deemed to be exported from that region.",
|
| 319 |
"history": "2006, c. 13, s. 111",
|
| 320 |
"last_amended": "2006-12-14",
|
|
|
|
|
|
|
| 321 |
"current_to": "2026-03-31",
|
| 322 |
"citation": "EIPA, s. 6.4",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-6.4.html"
|
|
@@ -335,6 +373,8 @@
|
|
| 335 |
"text": "7\n(1) Subject to subsection (2), the Minister may issue to any resident of Canada applying therefor a permit to export or transfer goods or technology included in an Export Control List or to export or transfer goods or technology to a country included in an Area Control List, in such quantity and of such quality, by such persons, to such places or persons and subject to such other terms and conditions as are described in the permit or in the regulations.\n(1.01) [Repealed, 2018, c. 26, s. 6]\n(1.1) [General permits] Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to export or transfer to any country specified in the permit any goods or technology included in an Export Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.\n(2) [Export permit for automatic firearm] The Minister may not issue a permit under subsection (1) to export any thing referred to in any of paragraphs 4.1(a) to (c), or any component or part of such a thing, that is included in an Export Control List unless\n(a) the export is to a country included in an Automatic Firearms Country Control List; and\n(b) the prohibited weapon or component or part thereof is exported to the government of, or a consignee authorized by the government of, that country.",
|
| 336 |
"history": "R.S., 1985, c. E-19, s. 7; 1991, c. 28, s. 3; 1994, c. 47, s. 107; 1995, c. 39, s. 172; 2004, c. 15, s. 56; 2018, c. 26, s. 7",
|
| 337 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 338 |
"current_to": "2026-03-31",
|
| 339 |
"citation": "EIPA, s. 7",
|
| 340 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-7.html"
|
|
@@ -352,6 +392,8 @@
|
|
| 352 |
"text": "7.1\n(1) The Minister may issue to any person or organization, on application by them, a permit to broker in relation to any goods or technology specified in the permit, subject to the terms and conditions specified in the permit or in the regulations.\n(2) [General permit to broker] Despite subsection (1), the Minister may, by order, issue generally to all persons and organizations a general permit to broker in relation to any goods or technology specified in the permit, subject to any terms and conditions specified in the permit.",
|
| 353 |
"history": "2018, c. 26, s. 8",
|
| 354 |
"last_amended": "2019-09-01",
|
|
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|
|
|
|
| 355 |
"current_to": "2026-03-31",
|
| 356 |
"citation": "EIPA, s. 7.1",
|
| 357 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-7.1.html"
|
|
@@ -369,6 +411,8 @@
|
|
| 369 |
"text": "7.2 In deciding whether to issue a permit under subsection 7(1) or 7.1(1), the Minister may, in addition to any other matter that the Minister may consider, take into consideration whether the goods or technology specified in the application for the permit may be used for a purpose prejudicial to the safety or interests of the State by being used to do anything referred to in paragraphs 3(1)(a) to (n) of the Foreign Interference and Security of Information Act.",
|
| 370 |
"history": "2018, c. 26, s. 8; 2024, c. 16, s. 57",
|
| 371 |
"last_amended": "2024-08-19",
|
|
|
|
|
|
|
| 372 |
"current_to": "2026-03-31",
|
| 373 |
"citation": "EIPA, s. 7.2",
|
| 374 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-7.2.html"
|
|
@@ -386,6 +430,8 @@
|
|
| 386 |
"text": "7.3\n(1) In deciding whether to issue a permit under subsection 7(1) or 7.1(1) in respect of arms, ammunition, implements or munitions of war, the Minister shall take into consideration whether the goods or technology specified in the application for the permit\n(a) would contribute to peace and security or undermine it; and\n(b) could be used to commit or facilitate\n(i) a serious violation of international humanitarian law,\n(ii) a serious violation of international human rights law,\n(iii) an act constituting an offence under international conventions or protocols relating to terrorism to which Canada is a party,\n(iv) an act constituting an offence under international conventions or protocols relating to transnational organized crime to which Canada is a party, or\n(v) serious acts of gender-based violence or serious acts of violence against women and children.\n(2) [Additional mandatory considerations] In deciding whether to issue a permit under subsection 7(1) or 7.1(1), the Minister shall also take into consideration the considerations specified in regulations made under paragraphs 12(a.2) or (a.3).",
|
| 387 |
"history": "2018, c. 26, s. 8",
|
| 388 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 389 |
"current_to": "2026-03-31",
|
| 390 |
"citation": "EIPA, s. 7.3",
|
| 391 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-7.3.html"
|
|
@@ -403,6 +449,8 @@
|
|
| 403 |
"text": "7.4 The Minister shall not issue a permit under subsection 7(1) or 7.1(1) in respect of arms, ammunition, implements or munitions of war if, after considering available mitigating measures, he or she determines that there is a substantial risk that the export or the brokering of the goods or technology specified in the application for the permit would result in any of the negative consequences referred to in subsection 7.3(1).",
|
| 404 |
"history": "2018, c. 26, s. 8",
|
| 405 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 406 |
"current_to": "2026-03-31",
|
| 407 |
"citation": "EIPA, s. 7.4",
|
| 408 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-7.4.html"
|
|
@@ -420,6 +468,8 @@
|
|
| 420 |
"text": "8\n(1) The Minister may issue to any resident of Canada applying therefor a permit to import goods included in an Import Control List, in such quantity and of such quality, by such persons, from such places or persons and subject to such other terms and conditions as are described in the permit or in the regulations.\n(1.1) [General permits] Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to import any goods included on the Import Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.\n(2) [Import permits] Notwithstanding subsection (1) and any regulation made under section 12 that is not compatible with the purpose of this subsection, if goods are included on the Import Control List solely for the purpose of collecting information pursuant to subsection 5(4.3), (5) or (6) or 5.4(6), (7) or (8), the Minister shall issue to any resident of Canada applying therefor a permit to import those goods, subject only to compliance with and the application of any regulations made under section 12 that it is reasonably necessary to comply with or apply in order to achieve that purpose.\n(2.1) and (2.2) [Repealed, 1997, c. 14, s. 75]\n(3) [Goods imported from free trade partner] If an order has been made under subsection 5(3) or (3.2) that applies, by virtue of subsection 5(4), to goods imported from a free trade partner, or an order has been made under subsection 5(4.1), the Minister shall, in determining whether to issue a permit under this section, be guided, as the case may be, by\n(a) Article 10.2 of CUSMA;\n(b) subparagraph 5(b) of Article F-02 of CCFTA; or\n(c) subparagraph 5(b) of Article 4.6 of CIFTA.\n(4) [Repealed, 1997, c. 14, s. 75]",
|
| 421 |
"history": "R.S., 1985, c. E-19, s. 8; 1988, c. 65, s. 119; 1993, c. 44, s. 150; 1994, c. 47, s. 108; 1996, c. 33, s. 60; 1997, c. 14, s. 75; 2002, c. 19, s. 14; 2020, c. 1, s. 45",
|
| 422 |
"last_amended": "2020-07-01",
|
|
|
|
|
|
|
| 423 |
"current_to": "2026-03-31",
|
| 424 |
"citation": "EIPA, s. 8",
|
| 425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.html"
|
|
@@ -437,6 +487,8 @@
|
|
| 437 |
"text": "8.1 Notwithstanding section 7, subsection 8(1) and any regulation made pursuant to section 12 that is not compatible with the purpose of this section, where a certain type of steel or a product made of steel is included on the Export Control List or the Import Control List solely for the purpose described in subsection 5.1(1), the Minister shall issue to any resident of Canada applying therefor a permit to export or import, as the case may be, that type of steel or that product, subject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.",
|
| 438 |
"history": "R.S., 1985, c. 13 (3rd Supp.), s. 2",
|
| 439 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 440 |
"current_to": "2026-03-31",
|
| 441 |
"citation": "EIPA, s. 8.1",
|
| 442 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.1.html"
|
|
@@ -454,6 +506,8 @@
|
|
| 454 |
"text": "8.2 Notwithstanding section 7, subsection 8(1) and any regulation made pursuant to section 12 that is not compatible with the purpose of this section, if goods are included on the Export Control List or the Import Control List solely for the purpose described in subsection 5.2(1), (2) or (3), the Minister shall issue to any resident of Canada applying therefor a permit to export or import, as the case may be, those goods, subject only to compliance with and the application of such regulations made under section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.",
|
| 455 |
"history": "1988, c. 65, s. 120; 1993, c. 44, s. 151; 1997, c. 14, s. 76",
|
| 456 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 457 |
"current_to": "2026-03-31",
|
| 458 |
"citation": "EIPA, s. 8.2",
|
| 459 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.2.html"
|
|
@@ -471,6 +525,8 @@
|
|
| 471 |
"text": "8.3\n(1) Notwithstanding subsection 8(1), where goods have been included on the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), the Minister shall issue a permit to import those goods to any resident of Canada who has an import allocation for the goods and applies for the permit, subject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.\n(2) [Import permits — no allocation] Notwithstanding subsection 8(1), where goods have been included on the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), but has not issued import allocations for the goods, the Minister shall\n(a) if in the opinion of the Minister the import access quantity has not been exceeded, issue a permit to import those goods to any resident of Canada who applies for the permit, or\n(b) issue generally to all residents of Canada a general permit to import those goods,\nsubject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.\n(3) [Supplemental import permits] Notwithstanding subsection 8(1) and subsections (1) and (2) of this section, where goods have been included on the Import Control List and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), the Minister may issue\n(a) a permit to import those goods in a supplemental quantity to any resident of Canada who applies for the permit, or\n(b) generally to all residents of Canada a general permit to import those goods in a supplemental quantity,\nsubject to such terms and conditions as are described in the permit or in the regulations.",
|
| 472 |
"history": "1994, c. 47, s. 109",
|
| 473 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 474 |
"current_to": "2026-03-31",
|
| 475 |
"citation": "EIPA, s. 8.3",
|
| 476 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.3.html"
|
|
@@ -488,6 +544,8 @@
|
|
| 488 |
"text": "8.31 Despite subsection 7(1), if goods have been included on the Export Control List, the Minister shall, at the request of any person who has been issued an export allocation under paragraph 6.2(2)(b) with respect to the goods, issue to that person a permit to export the goods, subject to\n(a) the export allocation; and\n(b) the person’s compliance with any regulations made under section 12.",
|
| 489 |
"history": "2017, c. 6, s. 21",
|
| 490 |
"last_amended": "2017-09-21",
|
|
|
|
|
|
|
| 491 |
"current_to": "2026-03-31",
|
| 492 |
"citation": "EIPA, s. 8.31",
|
| 493 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.31.html"
|
|
@@ -505,6 +563,8 @@
|
|
| 505 |
"text": "8.4 Despite subsection 7(1), if softwood lumber products have been included on the Export Control List for the purpose of implementing the softwood lumber agreement, the Minister shall issue a permit to export those products to any person registered under section 23 of the Softwood Lumber Products Export Charge Act, 2006 who applies for the permit, subject only to\n(a) any export allocation issued to that person under paragraph 6.3(3)(b); and\n(b) the person’s compliance with any regulations made under section 12.",
|
| 506 |
"history": "2006, c. 13, s. 112",
|
| 507 |
"last_amended": "2006-12-14",
|
|
|
|
|
|
|
| 508 |
"current_to": "2026-03-31",
|
| 509 |
"citation": "EIPA, s. 8.4",
|
| 510 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.4.html"
|
|
@@ -522,6 +582,8 @@
|
|
| 522 |
"text": "8.5 An export permit, import permit or brokering permit issued under this Act may, if the permit so provides, be retroactive.",
|
| 523 |
"history": "2006, c. 13, s. 112; 2018, c. 26, s. 9",
|
| 524 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 525 |
"current_to": "2026-03-31",
|
| 526 |
"citation": "EIPA, s. 8.5",
|
| 527 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.5.html"
|
|
@@ -539,6 +601,8 @@
|
|
| 539 |
"text": "9 The Minister may, in order to facilitate importation of goods into Canada and compliance with the laws of the country of export, issue to any resident of Canada applying therefor an import certificate stating that the applicant has undertaken to import the goods described in the certificate within the time specified therein and containing such other information as the regulations require.",
|
| 540 |
"history": "R.S., c. E-17, s. 9",
|
| 541 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 542 |
"current_to": "2026-03-31",
|
| 543 |
"citation": "EIPA, s. 9",
|
| 544 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-9.html"
|
|
@@ -556,6 +620,8 @@
|
|
| 556 |
"text": "9.01 [Repealed, 1997, c. 14, s. 77]",
|
| 557 |
"history": "",
|
| 558 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 559 |
"current_to": "2026-03-31",
|
| 560 |
"citation": "EIPA, s. 9.01",
|
| 561 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-9.01.html"
|
|
@@ -573,6 +639,8 @@
|
|
| 573 |
"text": "9.1 The Minister may, for the purpose of implementing an intergovernmental arrangement with a country listed in column 1 of Schedule 4 or with an international organization acting on behalf of such a country — or of implementing an intergovernmental arrangement applicable to a territory listed in column 1 — respecting the administration of the provisions set out in column 2, issue a certificate with respect to an exportation of goods to that country or territory stating the specific quantity of those goods that, on importation into the country or territory, is eligible for the rate of duty provided for in the provisions set out in column 3.",
|
| 574 |
"history": "1988, c. 65, s. 121; 1997, c. 14, s. 77; 2001, c. 28, s. 50; 2014, c. 14, s. 19; 2017, c. 6, s. 22",
|
| 575 |
"last_amended": "2017-09-21",
|
|
|
|
|
|
|
| 576 |
"current_to": "2026-03-31",
|
| 577 |
"citation": "EIPA, s. 9.1",
|
| 578 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-9.1.html"
|
|
@@ -590,6 +658,8 @@
|
|
| 590 |
"text": "9.2 For the purpose of implementing an intergovernmental arrangement with any country or customs territory respecting the administration of any limitation imposed on the quantity of goods that may be imported into that country or customs territory in any period, the Minister may issue to any resident of Canada who applies, a certificate with respect to an exportation of the goods to the country or customs territory stating the specific quantity of the goods in the shipment in respect of which the certificate is issued that, on importation into the country or customs territory, is eligible for the benefit provided for goods imported within that limitation.",
|
| 591 |
"history": "1994, c. 47, s. 110",
|
| 592 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 593 |
"current_to": "2026-03-31",
|
| 594 |
"citation": "EIPA, s. 9.2",
|
| 595 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-9.2.html"
|
|
@@ -607,6 +677,8 @@
|
|
| 607 |
"text": "10\n(1) Subject to subsection (3), the Minister may amend, suspend, cancel or reinstate any permit, import allocation, export allocation, certificate or other authorization issued or granted under this Act.\n(2) [Alteration of permits, etc.] If a permit has been issued under this Act to any person for the exportation or importation of goods that have been included on the Export Control List or the Import Control List solely for the purpose described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8), and\n(a) the person furnished, in or in connection with his application for the permit, information that was false or misleading in a material particular,\n(b) the Minister has, subsequent to the issuance of the permit and on the application of the person, issued to the person under this Act another permit for the exportation or the importation of the same goods,\n(c) the goods have, subsequent to the issuance of the permit, been included on the Export Control List or the Import Control List for a purpose other than that described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8),\n(d) it becomes necessary or desirable to correct an error in the permit, or\n(e) the person agrees to the amendment, suspension or cancellation of the permit,\nthe Minister may amend, suspend or cancel the permit, as is appropriate in the circumstances.\n(3) [Idem] Except as provided in subsection (2), the Minister shall not amend, suspend or cancel a permit that has been issued under this Act in the circumstances described in that subsection unless to do so would be compatible with the purpose of subsection 8(2) or section 8.1 or 8.2, namely, that permits to export or to import goods that have been included on the Export Control List or the Import Control List in those circumstances be issued as freely as possible to persons wishing to export or import those goods and with no more inconvenience to those persons than is necessary to achieve the purpose for which the goods were placed on that List.",
|
| 608 |
"history": "R.S., 1985, c. E-19, s. 10; R.S., 1985, c. 13 (3rd Supp.), s. 3; 1988, c. 65, s. 122; 1993, c. 44, s. 153; 1994, c. 47, s. 111; 1996, c. 33, s. 61; 1997, c. 14, s. 78; 2002, c. 19, s. 15; 2006, c. 13, s. 113",
|
| 609 |
"last_amended": "2006-12-14",
|
|
|
|
|
|
|
| 610 |
"current_to": "2026-03-31",
|
| 611 |
"citation": "EIPA, s. 10",
|
| 612 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-10.html"
|
|
@@ -624,6 +696,8 @@
|
|
| 624 |
"text": "10.1 The Minister may designate as an inspector any person who, in the Minister’s opinion, is qualified to be so designated.",
|
| 625 |
"history": "2006, c. 13, s. 114",
|
| 626 |
"last_amended": "2006-12-14",
|
|
|
|
|
|
|
| 627 |
"current_to": "2026-03-31",
|
| 628 |
"citation": "EIPA, s. 10.1",
|
| 629 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-10.1.html"
|
|
@@ -641,6 +715,8 @@
|
|
| 641 |
"text": "10.2\n(1) An inspector may, at all reasonable times, for any purpose related to the administration or enforcement of this Act, inspect, audit or examine the records of any person or organization that has applied for a permit, an import allocation, an export allocation, a certificate or another authorization under this Act in order to determine whether that or any other person or organization is in compliance with this Act.\n(2) [Powers of inspector] For the purposes of an inspection, audit or examination, an inspector may\n(a) enter any place in which the inspector reasonably believes the person or organization keeps records or carries on any activity to which this Act applies; and\n(b) require any individual to be present during the inspection, audit or examination and require that individual to answer all proper questions and to give to the inspector all reasonable assistance.\n(3) [Prior authorization] If any place referred to in paragraph (2)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (4).\n(4) [Warrant to enter dwelling-house] A judge may issue a warrant authorizing an inspector to enter a dwelling-house subject to the conditions specified in the warrant if, on ex parte application by the inspector, a judge is satisfied by information on oath that\n(a) there are reasonable grounds to believe that the dwelling-house is a place referred to in paragraph (2)(a);\n(b) entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act; and\n(c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused.\n(5) [Orders if entry not authorized] If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act, the judge may, to the extent that access was or may be expected to be refused and that a record is or may be expected to be kept in the dwelling-house,\n(a) order the occupant of the dwelling-house to provide the inspector with reasonable access to any record that is or should be kept in the dwelling-house; and\n(b) make any other order that is appropriate in the circumstances to carry out the purposes of this Act.\n(6) [Copies of records] When an inspector inspects, audits, examines or is provided a record under this section, the inspector may make, or cause to be made, one or more copies of the record.",
|
| 642 |
"history": "2006, c. 13, s. 114; 2018, c. 26, s. 10",
|
| 643 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 644 |
"current_to": "2026-03-31",
|
| 645 |
"citation": "EIPA, s. 10.2",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-10.2.html"
|
|
@@ -658,6 +734,8 @@
|
|
| 658 |
"text": "10.3\n(1) Every person or organization that applies for a permit, import allocation, export allocation, certificate or other authorization under this Act shall keep all records that are necessary to determine whether they have complied with this Act.\n(2) [Minister may specify information] The Minister may specify in writing the form that a record is to take and any information that the record must contain.\n(3) [Language and location of record] Unless otherwise authorized by the Minister, a record shall be kept in Canada in English or French.\n(4) [Electronic records] Every person or organization that is required to keep a record and that does so electronically shall ensure that all equipment and software necessary to make the record intelligible are available during the retention period required for the record.\n(5) [Inadequate records] If a person or organization fails to keep adequate records for the purposes of this Act, the Minister may, in writing, require them to keep any records that the Minister may specify, and they shall keep the records specified by the Minister.\n(6) [General period for retention] Every person or organization that is required to keep records shall retain them until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed by regulation.\n(7) [Demand by Minister] If the Minister is of the opinion that it is necessary for the administration or enforcement of this Act, the Minister may, by a demand served personally or sent by mail, require any person or organization that is required to keep records to retain those records for any period that is specified in the demand, and the person or organization shall comply with the demand.\n(8) [Permission for earlier disposal] A person or organization that is required to keep records may dispose of them before the expiry of the period during which they are required to be kept if written permission for their disposal is given by the Minister.\n(9) [For greater certainty — firearms] For greater certainty, this section applies in respect of a firearm only if the firearm is included in the Export Control List, Brokering Control List or Import Control List and it is the subject of an application for a permit, certificate or other authorization under this Act.",
|
| 659 |
"history": "2006, c. 13, s. 114; 2018, c. 26, s. 11",
|
| 660 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 661 |
"current_to": "2026-03-31",
|
| 662 |
"citation": "EIPA, s. 10.3",
|
| 663 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-10.3.html"
|
|
@@ -675,6 +753,8 @@
|
|
| 675 |
"text": "11 A permit, certificate or other authorization issued or granted under this Act does not affect the obligation of any person to obtain any licence, permit or certificate to export or import that may be required under this or any other law or to pay any tax, duty, toll, impost or other sum required by any law to be paid in respect of the exportation or transfer of goods or technology or the importation of goods.",
|
| 676 |
"history": "R.S., 1985, c. E-19, s. 11; 2004, c. 15, s. 57",
|
| 677 |
"last_amended": "2007-03-31",
|
|
|
|
|
|
|
| 678 |
"current_to": "2026-03-31",
|
| 679 |
"citation": "EIPA, s. 11",
|
| 680 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-11.html"
|
|
@@ -692,6 +772,8 @@
|
|
| 692 |
"text": "12 The Governor in Council may make regulations\n(a) prescribing the information, certificates issued by a third party attesting to a softwood sawlog’s origin and undertakings to be furnished by applicants for permits, import allocations, export allocations, certificates or other authorizations under this Act, the procedure to be followed in applying for and issuing or granting permits, import allocations, export allocations, certificates or other authorizations, the duration of them, and the terms and conditions, including those with reference to shipping or other documents, on which permits, import allocations, export allocations, certificates or other authorizations may be issued or granted under this Act;\n(a.1) respecting the considerations that the Minister must take into account when deciding whether to issue an import allocation or export allocation or consent to its transfer;\n(a.2) specifying, for the purposes of subsection 7.3(2), considerations that the Minister shall take into consideration when deciding whether to issue an export permit under subsection 7(1) in respect of goods or technology included in the Export Control List;\n(a.3) specifying, for the purposes of subsection 7.3(2), considerations that the Minister shall take into consideration when deciding whether to issue a brokering permit under subsection 7.1(1) in respect of goods or technology included in a Brokering Control List;\n(b) respecting information to be supplied by persons and organizations that have been issued or granted permits, import allocations, export allocations, certificates or other authorizations under this Act and any other matter associated with their use;\n(b.1) respecting information to be supplied to specified persons or specified government entities, including foreign government entities, by persons who export goods expressly excluded from the Export Control List;\n(c) respecting the issue of, and conditions or requirements applicable to, general permits or general certificates;\n(c.01) respecting export charges referred to in subsection 6.2(5);\n(c.02) respecting the considerations that the Minister must take into account when deciding whether to issue a certificate under section 9.2;\n(c.1) providing for considerations to be taken into account by the Minister in the issuance of certificates under section 9.1;\n(c.2) defining “origin” for the purposes of this Act or any provision thereof;\n(c.3) respecting the application, for the purposes of this Act or any provision thereof, of any regulations made under the Customs Tariff respecting the origin of goods;\n(d) respecting the certification, authorization or other control of any in-transit movement through any port or place of any goods or technology that is exported or transferred from Canada or of any goods that come into any port or place in Canada;\n(e) exempting any person or organization, any goods or technology or any class of persons or organizations, goods or technology from the operation of any or all of the provisions of this Act;\n(e.1) specifying activities or classes of activities that do not constitute brokering for the purposes this Act; and\n(f) generally, for carrying out the purposes and provisions of this Act.",
|
| 693 |
"history": "R.S., 1985, c. E-19, s. 12; 1988, c. 65, s. 123; 1993, c. 44, s. 154; 1994, c. 47, s. 112; 1999, c. 31, s. 90; 2004, c. 15, s. 58; 2006, c. 13, s. 115; 2018, c. 26, s. 12; 2020, c. 1, s. 46",
|
| 694 |
"last_amended": "2020-07-01",
|
|
|
|
|
|
|
| 695 |
"current_to": "2026-03-31",
|
| 696 |
"citation": "EIPA, s. 12",
|
| 697 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-12.html"
|
|
@@ -709,6 +791,8 @@
|
|
| 709 |
"text": "13 No person shall export or transfer, or attempt to export or transfer, any goods or technology included in an Export Control List or any goods or technology to any country included in an Area Control List except under the authority of and in accordance with an export permit issued under this Act.",
|
| 710 |
"history": "R.S., 1985, c. E-19, s. 13; 2004, c. 15, s. 59",
|
| 711 |
"last_amended": "2007-03-31",
|
|
|
|
|
|
|
| 712 |
"current_to": "2026-03-31",
|
| 713 |
"citation": "EIPA, s. 13",
|
| 714 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-13.html"
|
|
@@ -726,6 +810,8 @@
|
|
| 726 |
"text": "14 No person shall import or attempt to import any goods included in an Import Control List except under the authority of and in accordance with an import permit issued under this Act.",
|
| 727 |
"history": "R.S., c. E-17, s. 14",
|
| 728 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 729 |
"current_to": "2026-03-31",
|
| 730 |
"citation": "EIPA, s. 14",
|
| 731 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-14.html"
|
|
@@ -743,6 +829,8 @@
|
|
| 743 |
"text": "14.1 A person does not contravene section 13 or 14 if, at the time of exportation or importation, the person would have exported or imported the goods under the authority of and in accordance with an export permit or an import permit issued under this Act had they applied for it, and if, after the exportation or importation, the permit is issued.",
|
| 744 |
"history": "2006, c. 13, s. 116",
|
| 745 |
"last_amended": "2006-12-14",
|
|
|
|
|
|
|
| 746 |
"current_to": "2026-03-31",
|
| 747 |
"citation": "EIPA, s. 14.1",
|
| 748 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-14.1.html"
|
|
@@ -760,6 +848,8 @@
|
|
| 760 |
"text": "14.2\n(1) No person or organization shall broker, or attempt to broker, except under the authority of and in accordance with a brokering permit issued under this Act.\n(2) [Exception] A person or organization does not contravene subsection (1) if, at the time of the alleged contravention, they would have brokered under the authority of and in accordance with a brokering permit issued under this Act had they applied for it, and if, after the alleged contravention, the permit is issued.\n(3) [Act or omission outside Canada] Every person or organization that commits an act or omission outside Canada that, if committed in Canada, would constitute a contravention of subsection (1) — or a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, such a contravention — is deemed to have committed that act or omission in Canada if they are\n(a) a Canadian citizen;\n(b) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act who, after the commission of the act or omission, is present in Canada; or\n(c) an organization that is incorporated, formed or otherwise organized under the laws of Canada or a province.\n(4) [Jurisdiction] If a person or organization is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (3), proceedings for an offence in respect of that act or omission may, whether or not they are in Canada, be commenced in any territorial division in Canada. The person or organization may be tried and punished for that offence as if the offence had been committed in that territorial division.\n(5) [Appearance at trial] For greater certainty, the provisions of the Criminal Code relating to the requirements that a person or organization appear at and be present during proceedings and the exceptions to those requirements apply to proceedings commenced in any territorial division under subsection (4).\n(6) [Previously tried outside Canada] If a person or organization is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (3) and they have been tried and dealt with outside Canada for an offence in respect of the act or omission so that, if they had been tried and dealt with in Canada, they would be able to plead autrefois acquit, autrefois convict or pardon, they are deemed to have been so tried and dealt with in Canada.\n(7) [Exception for foreign trials in absentia] Despite subsection (6), a person or organization may not plead autrefois convict to a count that charges an offence in respect of the act or omission if\n(a) the person or organization was not present and was not represented by counsel acting under the person or organization’s instructions at the trial outside Canada; and\n(b) the person or organization was not punished in accordance with the sentence imposed on conviction in respect of the act or omission.",
|
| 761 |
"history": "2018, c. 26, s. 13",
|
| 762 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 763 |
"current_to": "2026-03-31",
|
| 764 |
"citation": "EIPA, s. 14.2",
|
| 765 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-14.2.html"
|
|
@@ -777,6 +867,8 @@
|
|
| 777 |
"text": "15\n(1) Subject to subsection (2), and except with the authority in writing of the Minister, no person shall knowingly do anything in Canada that causes or assists or is intended to cause or assist any shipment, transhipment, diversion or transfer of any goods or technology included in an Export Control List to be made, from Canada or any other place, to any country included in an Area Control List.\n(2) [Diversion, etc., of automatic firearms] No person shall knowingly do anything in Canada that causes or assists or is intended to cause or assist any shipment, transhipment or diversion of any thing referred to in any of paragraphs 4.1(a) to (c), or any component or part designed exclusively for assembly into such a thing, that is included in an Export Control List, from Canada or any other place, to any country that is not included in an Automatic Firearms Country Control List.",
|
| 778 |
"history": "R.S., 1985, c. E-19, s. 15; 1991, c. 28, s. 4; 1995, c. 39, s. 173; 2004, c. 15, s. 60",
|
| 779 |
"last_amended": "2007-03-31",
|
|
|
|
|
|
|
| 780 |
"current_to": "2026-03-31",
|
| 781 |
"citation": "EIPA, s. 15",
|
| 782 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-15.html"
|
|
@@ -794,6 +886,8 @@
|
|
| 794 |
"text": "16 No person or organization that is authorized under a permit issued under this Act to export or transfer goods or technology, to import goods or to broker shall transfer the permit to, or allow it to be used by, a person or organization that is not so authorized.",
|
| 795 |
"history": "R.S., 1985, c. E-19, s. 16; 2004, c. 15, s. 61; 2018, c. 26, s. 14",
|
| 796 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 797 |
"current_to": "2026-03-31",
|
| 798 |
"citation": "EIPA, s. 16",
|
| 799 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-16.html"
|
|
@@ -811,6 +905,8 @@
|
|
| 811 |
"text": "16.1 No person who has been issued an import allocation or an export allocation shall, without the consent of the Minister, transfer it or allow it to be used by another person.",
|
| 812 |
"history": "1994, c. 47, s. 113; 2006, c. 13, s. 117",
|
| 813 |
"last_amended": "2006-12-14",
|
|
|
|
|
|
|
| 814 |
"current_to": "2026-03-31",
|
| 815 |
"citation": "EIPA, s. 16.1",
|
| 816 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-16.1.html"
|
|
@@ -828,6 +924,8 @@
|
|
| 828 |
"text": "17 No person or organization shall knowingly furnish any false or misleading information or knowingly make any misrepresentation in any application for a permit, import allocation, export allocation, certificate or other authorization under this Act or for the purpose of procuring its issue or grant or in connection with any subsequent use of the permit, import allocation, export allocation, certificate or other authorization or the exportation, importation, brokering, transfer or disposition of goods or technology to which it relates.",
|
| 829 |
"history": "R.S., 1985, c. E-19, s. 17; 1994, c. 47, s. 114; 2004, c. 15, s. 62; 2006, c. 13, ss. 117, 125; 2018, c. 26, s. 15",
|
| 830 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 831 |
"current_to": "2026-03-31",
|
| 832 |
"citation": "EIPA, s. 17",
|
| 833 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-17.html"
|
|
@@ -845,6 +943,8 @@
|
|
| 845 |
"text": "18 No person or organization shall knowingly induce, aid or abet any person or organization to contravene any of the provisions of this Act or of the regulations.",
|
| 846 |
"history": "R.S., 1985, c. E-19, s. 18; 2018, c. 26, s. 15",
|
| 847 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 848 |
"current_to": "2026-03-31",
|
| 849 |
"citation": "EIPA, s. 18",
|
| 850 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-18.html"
|
|
@@ -862,6 +962,8 @@
|
|
| 862 |
"text": "19\n(1) Every person or organization that contravenes any provision of this Act or of the regulations is guilty of\n(a) an offence punishable on summary conviction and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 12 months, or to both; or\n(b) an indictable offence and liable to a fine in an amount that is in the discretion of the court or to imprisonment for a term not exceeding ten years, or to both.\n(2) [Limitation period] A prosecution under paragraph (1)(a) may be instituted at any time within but not later than three years after the time when the subject-matter of the complaint arose.\n(2.1) [Consent of Attorney General] No proceedings for an offence in respect of the contravention of subsection 14.2(1) that is deemed to have been committed in Canada under subsection 14.2(3) may be commenced without the consent of the Attorney General of Canada.\n(3) [Factors to be considered when imposing sentence] If an offender is convicted or discharged under section 730 of the Criminal Code in respect of an offence under this Act, the court imposing a sentence on or discharging the offender shall, in addition to considering any other relevant factors, consider the nature and value of the exported or transferred goods or technology, or the imported goods, that are the subject-matter of the offence or, in the case of a contravention of subsection 14.2(1), the goods or technology to which the offence relates.",
|
| 863 |
"history": "R.S., 1985, c. E-19, s. 19; 1991, c. 28, s. 5; 1995, c. 22, s. 18; 2004, c. 15, s. 63; 2018, c. 26, s. 16",
|
| 864 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 865 |
"current_to": "2026-03-31",
|
| 866 |
"citation": "EIPA, s. 19",
|
| 867 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-19.html"
|
|
@@ -879,6 +981,8 @@
|
|
| 879 |
"text": "20 If an organization commits an offence under this Act, any officer or director of the organization that directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the organization has been prosecuted or convicted.",
|
| 880 |
"history": "R.S., 1985, c. E-19, s. 20; 2018, c. 26, s. 17",
|
| 881 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 882 |
"current_to": "2026-03-31",
|
| 883 |
"citation": "EIPA, s. 20",
|
| 884 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-20.html"
|
|
@@ -896,6 +1000,8 @@
|
|
| 896 |
"text": "21 If a permit, other than a brokering permit, is issued under this Act to a person who has applied for it for, on behalf of, or for the use of, another person who is not a resident of Canada and that other person commits an offence under this Act, the person who applied for the permit is, whether or not the non-resident has been prosecuted or convicted, guilty of the like offence and liable, on conviction, to the punishment provided for the offence, on proof that the act or omission constituting the offence took place with the knowledge or consent of the person who applied for the permit or that the person who applied for the permit failed to exercise due diligence to prevent the commission of the offence.",
|
| 897 |
"history": "R.S., 1985, c. E-19, s. 21; 2018, c. 26, s. 17",
|
| 898 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 899 |
"current_to": "2026-03-31",
|
| 900 |
"citation": "EIPA, s. 21",
|
| 901 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-21.html"
|
|
@@ -913,6 +1019,8 @@
|
|
| 913 |
"text": "22\n(1) Any proceeding in respect of an offence under this Act may be instituted, tried or determined at the place in Canada where the offence was committed or at the place in Canada in which the accused is, resides or has an office or place of business at the time of institution of the proceedings.\n(2) [Proceedings respecting more than one offence] In any proceedings in respect of offences under this Act,\n(a) an information may include more than one offence committed by the same person or organization;\n(b) all the offences included in the information may be tried concurrently;\n(c) one conviction for any or all offences so included may be made; and\n(d) no information, warrant, summons, conviction or other proceedings for those offences shall be deemed objectionable on the ground that it relates to two or more offences.",
|
| 914 |
"history": "R.S., 1985, c. E-19, s. 22; 2018, c. 26, s. 18",
|
| 915 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 916 |
"current_to": "2026-03-31",
|
| 917 |
"citation": "EIPA, s. 22",
|
| 918 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-22.html"
|
|
@@ -930,6 +1038,8 @@
|
|
| 930 |
"text": "23\n(1) The original or a copy of a bill of lading, customs form, commercial invoice or other document, in this section called a shipping document, is admissible in evidence in any prosecution under this Act in respect of goods or technology if it appears from the shipping document that\n(a) the goods or technology was sent, shipped or transferred from Canada or the goods came into Canada;\n(b) a person, as shipper, consignor or consignee, sent, shipped or transferred the goods or technology from Canada or brought the goods into Canada; or\n(c) the goods or technology was sent, shipped or transferred to a destination or person other than as authorized in the export permit relating to the goods or technology or the import permit relating to the goods.\n(2) [Proof of the facts] In the absence of evidence to the contrary, a shipping document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the shipping document.",
|
| 931 |
"history": "R.S., 1985, c. E-19, s. 23; 2004, c. 15, s. 64",
|
| 932 |
"last_amended": "2007-03-31",
|
|
|
|
|
|
|
| 933 |
"current_to": "2026-03-31",
|
| 934 |
"citation": "EIPA, s. 23",
|
| 935 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-23.html"
|
|
@@ -947,6 +1057,8 @@
|
|
| 947 |
"text": "23.1\n(1) The original or a copy of a bill of lading, customs form, commercial invoice or other document is admissible in evidence in any prosecution under this Act in respect of any goods or technology included in a Brokering Control List if it appears from the document that\n(a) the goods or technology was sent or shipped from a foreign country or the goods or technology was destined for a foreign country;\n(b) a person or organization, as shipper, consignor or consignee, sent or shipped the goods or technology from a foreign country or brought the goods or technology into foreign country; or\n(c) the goods or technology were sent or shipped to a destination or to a person or organization other than as authorized in the brokering permit relating to the goods or technology.\n(2) [Proof of the facts] In the absence of evidence to the contrary, a document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the document.",
|
| 948 |
"history": "2018, c. 26, s. 19",
|
| 949 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 950 |
"current_to": "2026-03-31",
|
| 951 |
"citation": "EIPA, s. 23.1",
|
| 952 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-23.1.html"
|
|
@@ -964,6 +1076,8 @@
|
|
| 964 |
"text": "24 All officers, as defined in the Customs Act, before permitting the export or transfer of any goods or technology or the import of any goods, shall satisfy themselves that the exporter, importer or transferor, as the case may be, has not contravened any of the provisions of this Act or the regulations and that all requirements of this Act and the regulations with reference to the goods or technology have been complied with.",
|
| 965 |
"history": "R.S., 1985, c. E-19, s. 24; R.S., 1985, c. 1 (2nd Supp.), s. 213; 2004, c. 15, s. 65",
|
| 966 |
"last_amended": "2007-03-31",
|
|
|
|
|
|
|
| 967 |
"current_to": "2026-03-31",
|
| 968 |
"citation": "EIPA, s. 24",
|
| 969 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-24.html"
|
|
@@ -981,6 +1095,8 @@
|
|
| 981 |
"text": "25 All officers, as defined in the Customs Act, have, with respect to any goods or technology to which this Act applies, all the powers they have under the Customs Act with respect to the importation and exportation of goods, and all the provisions of that Act and the regulations under it respecting search, detention, seizure, forfeiture and condemnation apply, with such modifications as the circumstances require, to any goods or technology that is tendered for export, transfer or import or is exported, transferred or imported or otherwise dealt with contrary to this Act and the regulations and to all documents relating to the goods or technology.",
|
| 982 |
"history": "R.S., 1985, c. E-19, s. 25; R.S., 1985, c. 1 (2nd Supp.), s. 213; 2004, c. 15, s. 65",
|
| 983 |
"last_amended": "2007-03-31",
|
|
|
|
|
|
|
| 984 |
"current_to": "2026-03-31",
|
| 985 |
"citation": "EIPA, s. 25",
|
| 986 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-25.html"
|
|
@@ -998,6 +1114,8 @@
|
|
| 998 |
"text": "26 [Repealed, 2018, c. 26, s. 20]",
|
| 999 |
"history": "",
|
| 1000 |
"last_amended": "2018-12-13",
|
|
|
|
|
|
|
| 1001 |
"current_to": "2026-03-31",
|
| 1002 |
"citation": "EIPA, s. 26",
|
| 1003 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-26.html"
|
|
@@ -1015,6 +1133,8 @@
|
|
| 1015 |
"text": "27 No later than May 31 of each year, the Minister shall prepare and cause to be laid before each House of Parliament a report of the operations under this Act for the preceding year and a report in respect of arms, ammunition, implements and munitions of war, that were exported in the preceding year under the authority of and in accordance with an export permit issued under subsection 7(1).",
|
| 1016 |
"history": "R.S., 1985, c. E-19, s. 27; 2018, c. 26, s. 21",
|
| 1017 |
"last_amended": "2019-09-01",
|
|
|
|
|
|
|
| 1018 |
"current_to": "2026-03-31",
|
| 1019 |
"citation": "EIPA, s. 27",
|
| 1020 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-27.html"
|
|
|
|
| 12 |
"text": "1 This Act may be cited as the Export and Import Permits Act.",
|
| 13 |
"history": "R.S., c. E-17, s. 1",
|
| 14 |
"last_amended": "2002-12-31",
|
| 15 |
+
"in_force": "2002-12-31",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2026-03-31",
|
| 18 |
"citation": "EIPA, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-1.html"
|
|
|
|
| 31 |
"text": "2\n(1) In this Act,\nArea Control List means a list of countries established under section 4; (liste des pays visés)\nAutomatic Firearms Country Control List means a list of countries established under section 4.1; (liste des pays désignés (armes automatiques))\nbroker means to arrange or negotiate a transaction that relates to the movement of goods or technology included in a Brokering Control List from a foreign country to another foreign country, including a transaction referred to in subsection (1.1); (courtage)\nBrokering Control List means a list of goods and technology established under section 4.11; (liste des marchandises de courtage contrôlé)\nCCFTA has the same meaning as Agreement in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act; (ALÉCC)\nCCRFTA has the same meaning as Agreement in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act; (ALÉCCR)\nCETA has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)\nCHFTA has the same meaning as Agreement in section 2 of the Canada–Honduras Economic Growth and Prosperity Act; (ALÉCH)\nChile has the same meaning as in subsection 2(1) of the Customs Tariff; (Chili)\nCIFTA has the same meaning as Agreement in subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act; (ALÉCI)\nColombia has the same meaning as in subsection 2(1) of the Customs Tariff; (Colombie)\nCosta Rica has the same meaning as in subsection 2(1) of the Customs Tariff; (Costa Rica)\nCPTPP has the same meaning as Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act; (PTPGP)\nCPTPP country has the same meaning as in subsection 2(1) of the Customs Tariff; (pays PTPGP)\nCUKTCA has the meaning assigned by the definition Agreement in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act; (ACCCRU)\nCUKTCA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (bénéficiaire de l’ACCCRU)\nCUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (ACEUM)\nCUSMA country means a country that is a party to CUSMA; (pays ACEUM)\ndata means representations, in any form, of information or concepts; (données)\nEU country or other CETA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (pays de l’Union européenne ou autre bénéficiaire de l’AÉCG)\nexport allocation means an export allocation issued under paragraph 6.2(2)(b) or 6.3(3)(b); (autorisation d’exportation)\nExport Control List means a list of goods and technology established under section 3; (liste des marchandises d’exportation contrôlée)\nforeign country means a country other than Canada; (pays étranger)\nFree Trade Agreement[Repealed, 1997, c. 14, s. 70]\nfree trade partner means\n(a) a CUSMA country,\n(a.1) an EU country or other CETA beneficiary,\n(a.2) CPTPP country,\n(b) Chile,\n(c) Israel or another CIFTA beneficiary, or\n(d) a CUKTCA beneficiary; (partenaire de libre-échange)\ngoods imported from a NAFTA country[Repealed, 1997, c. 14, s. 70]\ngoods imported from Israel or another CIFTA beneficiary[Repealed, 1997, c. 36, s. 207]\nHonduras has the same meaning as in subsection 2(1) of the Customs Tariff; (Honduras)\nimport allocation means an import allocation issued under paragraph 6.2(2)(b); (autorisation d’importation)\nImport Control List means a list of goods established under section 5; (liste des marchandises d’importation contrôlée)\nimported from Israel or another CIFTA beneficiary has the meaning assigned by regulations made under section 52 of the Customs Tariff; (importé d’Israël ou d’un autre bénéficiaire de l’ALÉCI)\nIsrael or another CIFTA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (Israël ou autre bénéficiaire de l’ALÉCI)\nMinister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)\nNAFTA[Repealed, 2020, c. 1, s. 40]\nNAFTA country[Repealed, 2020, c. 1, s. 40]\norganization has the same meaning as in section 2 of the Criminal Code; (organisation)\nPanama has the same meaning as in subsection 2(1) of the Customs Tariff; (Panama)\nPeru has the same meaning as in subsection 2(1) of the Customs Tariff; (Pérou)\nrecord means any material on which data are recorded or marked and which is capable of being read or understood by a person or a computer system or other device; (registre)\nresident of Canada means, in the case of a natural person, a person who ordinarily resides in Canada and, in the case of a corporation, a corporation having its head office in Canada or operating a branch office in Canada; (résident du Canada)\nsoftwood lumber agreement means the Softwood Lumber Agreement between the Government of Canada and the Government of the United States of America signed on September 12, 2006 and amended on October 12, 2006, and includes any rectifications made to it before its ratification by Canada; (accord sur le bois d’oeuvre)\ntechnology includes technical data, technical assistance and information necessary for the development, production or use of an article included in an Export Control List or a Brokering Control List; (technologie)\ntransfer means, in relation to technology, to dispose of it or disclose its content in any manner from a place in Canada to a place outside Canada; (transfert)\nWorld Trade Organization Agreement has the same meaning as the word Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’Organisation mondiale du commerce)\n(1.1) [Transaction — brokering] For the purpose of the definition broker, a transaction that relates to the movement of goods or technology includes a transaction that relates to its acquisition or disposition, and a transaction that relates to the movement of technology also includes a transaction that relates to the disclosure of its contents.\n(2) [Goods imported from certain countries] For the purposes of this Act, goods are imported from one of the following countries or territories if they are shipped directly to Canada from that country or territory, within the meaning of sections 17 and 18 of the Customs Tariff:\na CUSMA country\nan EU country or other CETA beneficiary\nChile\nCosta Rica\nCPTPP country\nCUKTCA beneficiary\nHonduras",
|
| 32 |
"history": "R.S., 1985, c. E-19, s. 2; 1988, c. 65, s. 116; 1991, c. 28, s. 1; 1993, c. 44, s. 146; 1994, c. 47, s. 100; 1996, c. 33, s. 57; 1997, c. 14, s. 70, c. 36, s. 207; 2001, c. 28, s. 47; 2004, c. 15, s. 53; 2006, c. 13, s. 109; 2009, c. 16, s. 52; 2010, c. 4, s. 44; 2012, c. 26, s. 51; 2014, c. 14, s. 17; 2017, c. 6, s. 15; 2018, c. 23, s. 14; 2018, c. 26, s. 3; 2020, c. 1, s. 40; 2021, c. 1, s. 16",
|
| 33 |
"last_amended": "2021-04-01",
|
| 34 |
+
"in_force": "2018-12-30",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2026-03-31",
|
| 37 |
"citation": "EIPA, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-2.html"
|
|
|
|
| 50 |
"text": "3\n(1) The Governor in Council may establish a list of goods and technology, to be called an Export Control List, including therein any article the export or transfer of which the Governor in Council deems it necessary to control for any of the following purposes:\n(a) to ensure that arms, ammunition, implements or munitions of war, naval, army or air stores or any articles deemed capable of being converted thereinto or made useful in the production thereof or otherwise having a strategic nature or value will not be made available to any destination where their use might be detrimental to the security of Canada;\n(b) to ensure that any action taken to promote the further processing in Canada of a natural resource that is produced in Canada is not rendered ineffective by reason of the unrestricted exportation of that natural resource;\n(c) to limit or keep under surveillance the export of any raw or processed material that is produced in Canada in circumstances of surplus supply and depressed prices and that is not a produce of agriculture;\n(c.1) [Repealed, 1999, c. 31, s. 88]\n(d) to implement an intergovernmental arrangement or commitment;\n(e) to ensure that there is an adequate supply and distribution of the article in Canada for defence or other needs;\n(f) to ensure the orderly export marketing of any goods that are subject to a limitation imposed by any country or customs territory on the quantity of the goods that, on importation into that country or customs territory in any given period, is eligible for the benefit provided for goods imported within that limitation; or\n(g) to facilitate the collection of information in respect of the exportation of goods that were, are, or are likely to be, the subject of trade investigations or trade disputes.\n(2) [Conditions] The description of goods set out in the Export Control List may contain conditions that are based on approvals, classifications or determinations made by specified persons or specified government entities, including foreign government entities.",
|
| 51 |
"history": "R.S., 1985, c. E-19, s. 3; R.S., 1985, c. 12 (3rd Supp.), s. 26; 1999, c. 31, s. 88; 2004, c. 15, s. 54; 2006, c. 13, s. 110; 2017, c. 6, s. 16(F); 2018, c. 26, s. 4",
|
| 52 |
"last_amended": "2019-09-01",
|
| 53 |
+
"in_force": "2017-09-21",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2026-03-31",
|
| 56 |
"citation": "EIPA, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-3.html"
|
|
|
|
| 69 |
"text": "3.1 [Repealed, 1999, c. 31, s. 89]",
|
| 70 |
"history": "",
|
| 71 |
"last_amended": "2002-12-31",
|
| 72 |
+
"in_force": "2002-12-31",
|
| 73 |
+
"status": "repealed",
|
| 74 |
"current_to": "2026-03-31",
|
| 75 |
"citation": "EIPA, s. 3.1",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-3.1.html"
|
|
|
|
| 88 |
"text": "4 The Governor in Council may establish a list of countries, to be called an Area Control List, including therein any country to which the Governor in Council deems it necessary to control the export or transfer of any goods or technology.",
|
| 89 |
"history": "R.S., 1985, c. E-19, s. 4; 2004, c. 15, s. 55",
|
| 90 |
"last_amended": "2007-03-31",
|
| 91 |
+
"in_force": "2007-03-31",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2026-03-31",
|
| 94 |
"citation": "EIPA, s. 4",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-4.html"
|
|
|
|
| 107 |
"text": "4.1 The Governor in Council may, on the recommendation of the Minister made after consultation with the Minister of National Defence, establish a list of countries, to be called an Automatic Firearms Country Control List, to which the Governor in Council considers it appropriate to permit the export of any of the following that is included in an Export Control List, or any component or part of any such thing:\n(a) a prohibited firearm described in paragraph (c) or (d) of the definition prohibited firearm in subsection 84(1) of the Criminal Code;\n(b) a prohibited weapon described in paragraph (b) of the definition prohibited weapon in that subsection; or\n(c) a prohibited device described in paragraph (a) or (d) of the definition prohibited device in that subsection.",
|
| 108 |
"history": "1991, c. 28, s. 2; 1995, c. 39, s. 171; 2018, c. 26, s. 5",
|
| 109 |
"last_amended": "2019-09-01",
|
| 110 |
+
"in_force": "2019-09-01",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2026-03-31",
|
| 113 |
"citation": "EIPA, s. 4.1",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-4.1.html"
|
|
|
|
| 126 |
"text": "4.11\n(1) The Governor in Council may establish a list of goods and technology, to be called a Brokering Control List, including in it any article that is included in an Export Control List the brokering of which the Governor in Council considers it necessary to control.\n(2) [Conditions] The description of any article set out in the Brokering Control List may contain conditions that are based on approvals, classifications or determinations made by specified persons or specified government entities, including foreign government entities. For greater certainty, those conditions may differ from any conditions set out in the description of that article in the Export Control List.",
|
| 127 |
"history": "2018, c. 26, s. 5",
|
| 128 |
"last_amended": "2019-09-01",
|
| 129 |
+
"in_force": "2019-09-01",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2026-03-31",
|
| 132 |
"citation": "EIPA, s. 4.11",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-4.11.html"
|
|
|
|
| 145 |
"text": "4.2\n(1) In section 5,\ncontribute importantly, in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; (contribuer de manière importante)\nprincipal cause means an important cause that is no less important than any other cause; (cause principale)\nserious injury means, in relation to domestic producers of like or directly competitive goods, a significant overall impairment in the position of the domestic producers; (dommage grave)\nsurge, in respect of goods imported from\n(a) a CUSMA country, means a significant increase in imports over the trend for a recent representative base period, and\n(b) Chile, has the meaning given that word by Article F-05 of CCFTA; (augmentation subite)\nthreat of serious injury means serious injury that, on the basis of facts, and not merely of allegation, conjecture or remote possibility, is clearly imminent. (menace de dommage grave)\n(2) [Application of definition in regulations] Any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act defining “like or directly competitive goods” apply for the purposes of sections 5 and 5.4.",
|
| 146 |
"history": "1994, c. 47, s. 102; 1996, c. 33, s. 58; 1997, c. 14, s. 71; 2002, c. 19, s. 12; 2009, c. 16, s. 53; 2010, c. 4, s. 45; 2012, c. 26, s. 52; 2020, c. 1, s. 41",
|
| 147 |
"last_amended": "2020-07-01",
|
| 148 |
+
"in_force": "2013-04-01",
|
| 149 |
+
"status": "in force",
|
| 150 |
"current_to": "2026-03-31",
|
| 151 |
"citation": "EIPA, s. 4.2",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-4.2.html"
|
|
|
|
| 164 |
"text": "5\n(1) The Governor in Council may establish a list of goods, to be called an Import Control List, including therein any article the import of which the Governor in Council deems it necessary to control for any of the following purposes:\n(a) to ensure, in accordance with the needs of Canada, the best possible supply and distribution of an article that is scarce in world markets or in Canada or is subject to governmental controls in the countries of origin or to allocation by intergovernmental arrangement;\n(b) to restrict, for the purpose of supporting any action taken under the Farm Products Marketing Agencies Act, the importation in any form of a like article to one produced or marketed in Canada the quantities of which are fixed or determined under that Act;\n(c) [Repealed, 1994, c. 47, s. 220]\n(c.1) to restrict the importation of arms, ammunition, implements or munitions of war, army, naval or air stores, or any articles deemed capable of being converted thereinto or made useful in the production thereof;\n(d) to implement an action taken under the Agricultural Marketing Programs Act or the Canadian Dairy Commission Act, with the object or effect of supporting the price of the article;\n(e) to implement an intergovernmental arrangement or commitment; or\n(f) to prevent the frustration or circumvention of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement by the importation of goods that are like or directly competitive with goods to which the Agreement on Textiles and Clothing applies.\n(2) [Statement or summary to be laid before Parliament] Where any goods are included in the Import Control List for the purpose of ensuring supply or distribution of goods subject to allocation by intergovernmental arrangement or for the purpose of implementing an intergovernmental arrangement or commitment, a statement of the effect or a summary of the arrangement or commitment, if it has not previously been laid before Parliament, shall be laid before Parliament not later than fifteen days after the order of the Governor in Council including those goods in the Import Control List is published in the Canada Gazette pursuant to the Statutory Instruments Act or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.\n(3) [Addition to Import Control List] Where at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 20 or 26 of the Canadian International Trade Tribunal Act, that goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods, any goods of the same kind may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent and, subject to subsection (7), for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the injury.\n(3.1) [Prohibition against further orders] No order may be made under subsection (3) with respect to goods that have already been the subject of an order made under that subsection or subsection 55(1) of the Customs Tariff unless, after the expiry of the order and any related orders made under subsection (3.2) or (4.1) or under section 60 or subsection 63(1) of the Customs Tariff, there has elapsed a period equal to the greater of two years and the total period during which the order or orders were in effect.\n(3.2) [Extension order] The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (3) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act, that\n(a) an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and\n(b) there is evidence that the domestic producers are adjusting, as determined in accordance with any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act.\n(3.3) [Period and revocation of extension orders] Every extension order made under subsection (3.2) shall, subject to this section, remain in effect for the period that is specified in the order, but the total of the specified period and the periods during which the goods were previously subject to any related orders made under subsection (3), (3.2) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff shall not exceed eight years.\n(3.4) [Exception for goods imported from certain countries] An order made under subsection (3) or (3.2) may exclude goods of any kind imported from a country listed in Schedule 1 if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.\n(4) [Exception for goods imported from a free trade partner] Notwithstanding subsections (3) and (3.2), an order made under those subsections may apply to goods imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 20, 26 or 30.07 of the Canadian International Trade Tribunal Act, that\n(a) the quantity of those goods represents a substantial share of the quantity of goods of the same kind imported into Canada from all countries;\n(b) in the case of goods imported from a CUSMA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other CUSMA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and\n(c) in the case of goods imported from any other free trade partner, the quantity of those goods contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.\n(4.01) to (4.05) [Repealed, 1997, c. 14, s. 72]\n(4.1) [New order with respect to goods imported from a free trade partner] If an order has been made under subsection (3) or (3.2) that does not, by virtue of subsection (4), apply to goods imported from a free trade partner and it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 30.01 or 30.011 of the Canadian International Trade Tribunal Act, that\n(a) there has been a surge of like goods imported from that free trade partner on or after the coming into force of the order, and\n(b) as a result of the surge, the effectiveness of the order is being undermined,\nany goods of the same kind imported into Canada from that free trade partner may, by order of the Governor in Council, be included on the Import Control List for the purpose of limiting their importation to prevent the undermining of the effectiveness of the order made under subsection (3) or (3.2).\n(4.2) [Order to specify] An order made under subsection (3) or (3.2) must state whether it applies to goods imported from a free trade partner.\n(4.3) [Addition to Import Control List] If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to goods imported from a free trade partner, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information if those goods are goods\n(a) to which an order made under subsection (3) or (3.2) does not apply by virtue of subsection (4); or\n(b) to which an order made under subsection 55(1) or 63(1) of the Customs Tariff does not apply because the goods did not meet the conditions set out in subsection 59(1) or 63(4) of that Act.\n(4.4) [Revocation or amendment of inclusion order] If at any time it appears to the satisfaction of the Governor in Council that an order including any goods on the Import Control List under subsection (3), (3.2) or (4.1) should be revoked or amended, the Governor in Council may, on the recommendation of the Minister, by order, revoke the order or amend it.\n(4.5) to (4.92) [Repealed, 1997, c. 14, s. 72]\n(5) [Addition to Import Control List] Where at any time it appears to the satisfaction of the Governor in Council on a report of the Minister made as described in subsection (3) that goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and under such conditions as to make it advisable to collect information with respect to the importation of those goods in order to ascertain whether the importation is causing or threatening injury to domestic producers of like or directly competitive goods, any goods of the same kind may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.\n(6) [Addition to Import Control List] If, for the purpose of facilitating the implementation of action taken under subsection 14(2), section 35, 39 or 43, paragraph 53(2)(d), subsection 55(1), section 60 or subsection 63(1) or 82(1) of the Customs Tariff, the Governor in Council considers it necessary to control the importation of any goods or collect information with respect to their importation, the Governor in Council may, by order, include those goods on the Import Control List for that purpose.\n(7) [Goods deemed to be removed from List] Where goods are included on the Import Control List by order of the Governor in Council under subsection (3), (5) or (6), the goods shall be deemed to be removed from that List\n(a) on the expiration of the period of four years after the day on which they are included on the List by the order; or\n(b) if the order specifies a day prior to the expiration of the period referred to in paragraph (a) on which they shall be deemed to be removed from that List, on the day specified in the order.\n(7.1) and (7.2) [Repealed, 1997, c. 14, s. 72]\n(8) [Goods imported from a free trade partner] If goods imported from a free trade partner are included on the Import Control List by order of the Governor in Council under subsection (4.1) or (4.3), the goods are deemed to be removed from that List on the earlier of\n(a) the day specified in the order, and\n(b) the day on which\n(i) in the case of an order under subsection (4.1) or under subsection (4.3) in respect of goods referred to in paragraph (4.3)(a), goods of the same kind imported from any other country that were included on that List by an order made under subsection (3) are removed from that List, and\n(ii) in the case of an order under subsection (4.3) in respect of goods referred to in paragraph (4.3)(b), the order under subsection 55(1) or 63(1) of the Customs Tariff that applies to goods of the same kind imported from any other country ceases to have effect.\n(9) [Repealed, 1997, c. 14, s. 72]",
|
| 165 |
"history": "R.S., 1985, c. E-19, s. 5; R.S., 1985, c. 1 (2nd Supp.), s. 213, c. 41 (3rd Supp.), s. 127, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 117; 1993, c. 34, s. 67, c. 44, s. 147; 1994, c. 47, ss. 103, 220; 1996, c. 33, s. 59; 1997, c. 14, s. 72, c. 20, s. 54, c. 36, s. 208; 2009, c. 16, s. 54; 2010, c. 4, s. 46; 2012, c. 26, s. 53; 2017, c. 6, s. 17; 2020, c. 1, s. 42",
|
| 166 |
"last_amended": "2020-07-01",
|
| 167 |
+
"in_force": "2017-09-21",
|
| 168 |
+
"status": "in force",
|
| 169 |
"current_to": "2026-03-31",
|
| 170 |
"citation": "EIPA, s. 5",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.html"
|
|
|
|
| 183 |
"text": "5.1\n(1) Where at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of a certain type of steel or a certain product made of steel that is, in the opinion of the Minister, traded in world markets in circumstances of surplus supply and depressed prices and where a significant proportion of world trade in that type of steel or that product is subject to control through the use of non-tariff measure, the Governor in Council may, by order, include, subject to subsection (2), that type of steel or that product on the Export Control List or the Import Control List or on both for the purpose of facilitating the collection of that information.\n(2) [Deemed removal from List] Where any type of steel or any product has been included on the Export Control List or the Import Control List by order of the Governor in Council under subsection (1), that type of steel or that product shall be deemed to be removed from the applicable List on the expiration of the period of three years from the day on which it was included on that List or on such day prior to the expiration of that period as may be specified in the order.\n(3) [Tabling of statistical summary in Parliament] The Minister shall, as soon as possible after the end of each calendar year, prepare a statistical summary of any information collected during that year pursuant to subsection (1) and shall cause a copy of that summary to be laid before each House of Parliament forthwith on the completion thereof or, if either House of Parliament is not then sitting, on any of the first fifteen days next thereafter that it is sitting.",
|
| 184 |
"history": "R.S., 1985, c. 13 (3rd Supp.), s. 1",
|
| 185 |
"last_amended": "2002-12-31",
|
| 186 |
+
"in_force": "2002-12-31",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2026-03-31",
|
| 189 |
"citation": "EIPA, s. 5.1",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.1.html"
|
|
|
|
| 202 |
"text": "5.11 [Repealed, 1997, c. 14, s. 73]",
|
| 203 |
"history": "",
|
| 204 |
"last_amended": "2002-12-31",
|
| 205 |
+
"in_force": "2002-12-31",
|
| 206 |
+
"status": "repealed",
|
| 207 |
"current_to": "2026-03-31",
|
| 208 |
"citation": "EIPA, s. 5.11",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.11.html"
|
|
|
|
| 221 |
"text": "5.2\n(1) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of which a specified quantity is eligible each year for the rate of duty provided for in provisions, set out in column 2 of Schedule 2, of an intergovernmental arrangement set out in column 1, the Governor in Council may, by order and without reference to that quantity, include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information.\n(2) [Addition to Import Control List — Schedule 3] If at any time it appears to the satisfaction of the Governor in Council that, for the purposes of implementing an intergovernmental arrangement set out column 1 of Schedule 3, it is advisable to collect information with respect to the importation of any goods listed in the provisions of that arrangement set out in column 2, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.\n(3) [Addition to Import Control List] If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the importation of any goods in respect of which a specified quantity is eligible for any reduction of customs duty under subsection 49(1) of the Customs Tariff or a reduction of the rate of customs duty under subsection 74(3) of that Act, the Governor in Council may, by order and without reference to that quantity, include those goods on the Import Control List in order to facilitate the collection of that information.",
|
| 222 |
"history": "1988, c. 65, s. 118; 1997, c. 14, s. 73, c. 36, s. 209; 2001, c. 28, s. 48; 2014, c. 14, s. 18; 2017, c. 6, s. 18",
|
| 223 |
"last_amended": "2017-09-21",
|
| 224 |
+
"in_force": "2017-09-21",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2026-03-31",
|
| 227 |
"citation": "EIPA, s. 5.2",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.2.html"
|
|
|
|
| 240 |
"text": "5.3 Where at any time it appears to the satisfaction of the Governor in Council that, for the purpose of implementing the Agreement on Agriculture in Annex 1A of the World Trade Organization Agreement, it is advisable to control the importation of goods or collect information with respect to the importation of goods, the Governor in Council may, by order, include the goods on the Import Control List.",
|
| 241 |
"history": "1994, c. 47, s. 104",
|
| 242 |
"last_amended": "2002-12-31",
|
| 243 |
+
"in_force": "2002-12-31",
|
| 244 |
+
"status": "in force",
|
| 245 |
"current_to": "2026-03-31",
|
| 246 |
"citation": "EIPA, s. 5.3",
|
| 247 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.3.html"
|
|
|
|
| 259 |
"text": "5.4\n(1) The following definitions apply in this section.\naction means\n(a) any action, including a provisional action, taken\n(i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or\n(ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or\n(b) any combination of actions referred to in paragraph (a). (mesure)\nmarket disruption means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. (désorganisation du marché)\nsignificant cause means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat. (cause importante)\nWTO Member means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. (membre de l’OMC)\n(2) [Addition to Import Control List — market disruption] If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, those goods may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent and for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the market disruption.\n(3) [Addition to Import Control List — trade diversion] If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.23 of the Canadian International Trade Tribunal Act, that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, any goods originating in the People’s Republic of China may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent that is necessary to prevent or remedy the trade diversion.\n(4) [Extension order] The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (2) or under section 77.1 or 77.3 of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.\n(5) [Repeal or amendment of inclusion order] If at any time it appears to the satisfaction of the Governor in Council that an order including any goods on the Import Control List under subsection (2), (3) or (4) should be repealed or amended, the Governor in Council may, on the recommendation of the Minister, by order, repeal or amend the order.\n(6) [Addition to Import Control List] If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (2), that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada at such prices, in such quantities or under such conditions as to make it advisable to collect information with respect to the importation of those goods in order to ascertain whether the importation is causing or threatening to cause market disruption to domestic producers of like or directly competitive goods, those goods may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.\n(7) [Addition to Import Control List] If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (3), that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada so as to make it advisable to collect information with respect to goods originating in the People’s Republic of China in order to ascertain whether the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, those goods may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.\n(8) [Addition to Import Control List] If, for the purpose of facilitating the implementation of an order made under section 77.1, 77.3 or 77.6 of the Customs Tariff, the Governor in Council considers it necessary to control the importation of goods originating in the People’s Republic of China or collect information with respect to their importation, the Governor in Council may, by order, include those goods on the Import Control List for that purpose.\n(9) [Goods deemed to be removed from List] If goods are included on the Import Control List by order of the Governor in Council under subsection (8), the goods shall be deemed to be removed from that List on the earlier of\n(a) the day, if any, specified in that order, and\n(b) the day on which the order made under section 77.1, 77.3 or 77.6 of the Customs Tariff ceases to have effect or is repealed pursuant to section 77.2, 77.3 or 77.4 of that Act, as the case may be.\n(10) [Expiry date] Subsections (1) to (9) cease to have effect on December 11, 2013.",
|
| 260 |
"history": "2002, c. 19, s. 13",
|
| 261 |
"last_amended": "2002-12-31",
|
| 262 |
+
"in_force": "2002-12-31",
|
| 263 |
+
"status": "in force",
|
| 264 |
"current_to": "2026-03-31",
|
| 265 |
"citation": "EIPA, s. 5.4",
|
| 266 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-5.4.html"
|
|
|
|
| 278 |
"text": "6 The Governor in Council may revoke, amend, vary or re-establish any Area Control List, Automatic Firearms Country Control List, Brokering Control List, Export Control List or Import Control List.",
|
| 279 |
"history": "R.S., 1985, c. E-19, s. 6; 1991, c. 28, s. 3; 2018, c. 26, s. 6",
|
| 280 |
"last_amended": "2019-09-01",
|
| 281 |
+
"in_force": "2019-09-01",
|
| 282 |
+
"status": "in force",
|
| 283 |
"current_to": "2026-03-31",
|
| 284 |
"citation": "EIPA, s. 6",
|
| 285 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-6.html"
|
|
|
|
| 297 |
"text": "6.1\n(1) In this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Chile Tariff or the Costa Rica Tariff.\n(2) [When Minister may take measures] If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (b) or (c) and are not originating goods are being imported from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out\n(a) [Repealed, 2020, c. 1, s. 43]\n(b) in the case of goods listed in Appendix 1.1 of Annex C-00-B of CCFTA that are imported from Chile, in section 4 of that Annex in relation to those goods; and\n(c) in the case of goods listed in Appendix III.1.1.1 of Annex III.1 of CCRFTA that are imported from Costa Rica, in section 5 of that Annex in relation to those goods.\n(3) [Factors to be considered] In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.1 of CCRFTA, as the case may be.",
|
| 298 |
"history": "1993, c. 44, s. 149; 1994, c. 47, s. 105(F); 1997, c. 14, s. 74, c. 36, s. 210; 2001, c. 28, s. 49; 2020, c. 1, s. 43",
|
| 299 |
"last_amended": "2020-07-01",
|
| 300 |
+
"in_force": "2002-12-31",
|
| 301 |
+
"status": "in force",
|
| 302 |
"current_to": "2026-03-31",
|
| 303 |
"citation": "EIPA, s. 6.1",
|
| 304 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-6.1.html"
|
|
|
|
| 316 |
"text": "6.2\n(1) If any goods have been included on the Import Control List under subsection 5(6) or for the purpose of implementing an intergovernmental arrangement or commitment, the Minister may determine import access quantities, or the basis for calculating them, for the purposes of subsection (2) and section 8.3 of this Act and for the purposes of the Customs Tariff.\n(1.1) [Determination of quantities — export] If any goods, other than softwood lumber products to which section 6.3 applies, have been included on the Export Control List for a purpose referred to in paragraph 3(1)(d) or (f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.1) or section 8.31.\n(2) [Allocation method] If the Minister has determined a quantity of goods under subsection (1) or (1.1), the Minister may\n(a) by order, establish a method for allocating the quantity to residents of Canada who apply for an allocation; and\n(b) issue an import allocation or an export allocation, as the case may be, to any resident of Canada who applies for the allocation, subject to the regulations and any terms and conditions the Minister may specify in the allocation.\n(3) [Transfer of allocation] The Minister may consent to the transfer of an import allocation or an export allocation from one resident of Canada to another.\n(4) [Payments and securities] The Minister, in relation to an allocation method established under paragraph (2)(a) or an import allocation issued under paragraph (2)(b), may accept payments and may receive any securities specified by the Minister.\n(5) [Export charges on certain dairy products — CUSMA] The Minister may impose and collect export charges in accordance with Article 3.A.3 of CUSMA.",
|
| 317 |
"history": "1994, c. 47, s. 106; 2017, c. 6, s. 20; 2018, c. 23, s. 15, c. 27, s. 415; 2020, c. 1, s. 44",
|
| 318 |
"last_amended": "2020-07-01",
|
| 319 |
+
"in_force": "2018-12-30",
|
| 320 |
+
"status": "in force",
|
| 321 |
"current_to": "2026-03-31",
|
| 322 |
"citation": "EIPA, s. 6.2",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-6.2.html"
|
|
|
|
| 335 |
"text": "6.3\n(1) The following definitions apply in this section and section 6.4.\nBC Coast means the Coast forest region established by the Forest Regions and Districts Regulation of British Columbia, as it existed on July 1, 2006. (côte de la Colombie-Britannique)\nBC Interior means the Northern Interior forest region and the Southern Interior forest region established by the Forest Regions and Districts Regulation of British Columbia, as they existed on July 1, 2006. (intérieur de la Colombie-Britannique)\nregion means Ontario, Quebec, Manitoba, Saskatchewan, Alberta, the BC Coast or the BC Interior. (région)\n(2) [Determination of quantities] If any softwood lumber products have been included on the Export Control List for the purpose of implementing the softwood lumber agreement, the Minister may determine the quantity of those products that may be exported from a region during a month, or the basis for calculating such quantities, for the purposes of subsection (3) and section 8.4.\n(3) [Allocation method] If the Minister has determined a quantity of products under subsection (2), the Minister may\n(a) by order, establish a method for allocating the quantity to persons registered under section 23 of the Softwood Lumber Products Export Charge Act, 2006 who apply for an allocation; and\n(b) issue an export allocation for a month to any of those persons subject to the regulations and any terms and conditions that the Minister may specify in the export allocation.\n(4) [Transfer of allocation] The Minister may consent to the transfer of an export allocation from one registered person to another registered person.",
|
| 336 |
"history": "2006, c. 13, s. 111",
|
| 337 |
"last_amended": "2006-12-14",
|
| 338 |
+
"in_force": "2006-12-14",
|
| 339 |
+
"status": "in force",
|
| 340 |
"current_to": "2026-03-31",
|
| 341 |
"citation": "EIPA, s. 6.3",
|
| 342 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-6.3.html"
|
|
|
|
| 354 |
"text": "6.4 An exported softwood lumber product is deemed to be exported from the region where the product underwent its first primary processing, as defined in section 2 of the Softwood Lumber Products Export Charge Act, 2006. If, however, the exported product underwent its first primary processing in Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador, Yukon, the Northwest Territories or Nunavut from softwood sawlogs originating in a region, it is deemed to be exported from that region.",
|
| 355 |
"history": "2006, c. 13, s. 111",
|
| 356 |
"last_amended": "2006-12-14",
|
| 357 |
+
"in_force": "2006-12-14",
|
| 358 |
+
"status": "in force",
|
| 359 |
"current_to": "2026-03-31",
|
| 360 |
"citation": "EIPA, s. 6.4",
|
| 361 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-6.4.html"
|
|
|
|
| 373 |
"text": "7\n(1) Subject to subsection (2), the Minister may issue to any resident of Canada applying therefor a permit to export or transfer goods or technology included in an Export Control List or to export or transfer goods or technology to a country included in an Area Control List, in such quantity and of such quality, by such persons, to such places or persons and subject to such other terms and conditions as are described in the permit or in the regulations.\n(1.01) [Repealed, 2018, c. 26, s. 6]\n(1.1) [General permits] Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to export or transfer to any country specified in the permit any goods or technology included in an Export Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.\n(2) [Export permit for automatic firearm] The Minister may not issue a permit under subsection (1) to export any thing referred to in any of paragraphs 4.1(a) to (c), or any component or part of such a thing, that is included in an Export Control List unless\n(a) the export is to a country included in an Automatic Firearms Country Control List; and\n(b) the prohibited weapon or component or part thereof is exported to the government of, or a consignee authorized by the government of, that country.",
|
| 374 |
"history": "R.S., 1985, c. E-19, s. 7; 1991, c. 28, s. 3; 1994, c. 47, s. 107; 1995, c. 39, s. 172; 2004, c. 15, s. 56; 2018, c. 26, s. 7",
|
| 375 |
"last_amended": "2019-09-01",
|
| 376 |
+
"in_force": "2007-03-31",
|
| 377 |
+
"status": "in force",
|
| 378 |
"current_to": "2026-03-31",
|
| 379 |
"citation": "EIPA, s. 7",
|
| 380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-7.html"
|
|
|
|
| 392 |
"text": "7.1\n(1) The Minister may issue to any person or organization, on application by them, a permit to broker in relation to any goods or technology specified in the permit, subject to the terms and conditions specified in the permit or in the regulations.\n(2) [General permit to broker] Despite subsection (1), the Minister may, by order, issue generally to all persons and organizations a general permit to broker in relation to any goods or technology specified in the permit, subject to any terms and conditions specified in the permit.",
|
| 393 |
"history": "2018, c. 26, s. 8",
|
| 394 |
"last_amended": "2019-09-01",
|
| 395 |
+
"in_force": "2019-09-01",
|
| 396 |
+
"status": "in force",
|
| 397 |
"current_to": "2026-03-31",
|
| 398 |
"citation": "EIPA, s. 7.1",
|
| 399 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-7.1.html"
|
|
|
|
| 411 |
"text": "7.2 In deciding whether to issue a permit under subsection 7(1) or 7.1(1), the Minister may, in addition to any other matter that the Minister may consider, take into consideration whether the goods or technology specified in the application for the permit may be used for a purpose prejudicial to the safety or interests of the State by being used to do anything referred to in paragraphs 3(1)(a) to (n) of the Foreign Interference and Security of Information Act.",
|
| 412 |
"history": "2018, c. 26, s. 8; 2024, c. 16, s. 57",
|
| 413 |
"last_amended": "2024-08-19",
|
| 414 |
+
"in_force": "2024-08-19",
|
| 415 |
+
"status": "in force",
|
| 416 |
"current_to": "2026-03-31",
|
| 417 |
"citation": "EIPA, s. 7.2",
|
| 418 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-7.2.html"
|
|
|
|
| 430 |
"text": "7.3\n(1) In deciding whether to issue a permit under subsection 7(1) or 7.1(1) in respect of arms, ammunition, implements or munitions of war, the Minister shall take into consideration whether the goods or technology specified in the application for the permit\n(a) would contribute to peace and security or undermine it; and\n(b) could be used to commit or facilitate\n(i) a serious violation of international humanitarian law,\n(ii) a serious violation of international human rights law,\n(iii) an act constituting an offence under international conventions or protocols relating to terrorism to which Canada is a party,\n(iv) an act constituting an offence under international conventions or protocols relating to transnational organized crime to which Canada is a party, or\n(v) serious acts of gender-based violence or serious acts of violence against women and children.\n(2) [Additional mandatory considerations] In deciding whether to issue a permit under subsection 7(1) or 7.1(1), the Minister shall also take into consideration the considerations specified in regulations made under paragraphs 12(a.2) or (a.3).",
|
| 431 |
"history": "2018, c. 26, s. 8",
|
| 432 |
"last_amended": "2019-09-01",
|
| 433 |
+
"in_force": "2019-09-01",
|
| 434 |
+
"status": "in force",
|
| 435 |
"current_to": "2026-03-31",
|
| 436 |
"citation": "EIPA, s. 7.3",
|
| 437 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-7.3.html"
|
|
|
|
| 449 |
"text": "7.4 The Minister shall not issue a permit under subsection 7(1) or 7.1(1) in respect of arms, ammunition, implements or munitions of war if, after considering available mitigating measures, he or she determines that there is a substantial risk that the export or the brokering of the goods or technology specified in the application for the permit would result in any of the negative consequences referred to in subsection 7.3(1).",
|
| 450 |
"history": "2018, c. 26, s. 8",
|
| 451 |
"last_amended": "2019-09-01",
|
| 452 |
+
"in_force": "2019-09-01",
|
| 453 |
+
"status": "in force",
|
| 454 |
"current_to": "2026-03-31",
|
| 455 |
"citation": "EIPA, s. 7.4",
|
| 456 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-7.4.html"
|
|
|
|
| 468 |
"text": "8\n(1) The Minister may issue to any resident of Canada applying therefor a permit to import goods included in an Import Control List, in such quantity and of such quality, by such persons, from such places or persons and subject to such other terms and conditions as are described in the permit or in the regulations.\n(1.1) [General permits] Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to import any goods included on the Import Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.\n(2) [Import permits] Notwithstanding subsection (1) and any regulation made under section 12 that is not compatible with the purpose of this subsection, if goods are included on the Import Control List solely for the purpose of collecting information pursuant to subsection 5(4.3), (5) or (6) or 5.4(6), (7) or (8), the Minister shall issue to any resident of Canada applying therefor a permit to import those goods, subject only to compliance with and the application of any regulations made under section 12 that it is reasonably necessary to comply with or apply in order to achieve that purpose.\n(2.1) and (2.2) [Repealed, 1997, c. 14, s. 75]\n(3) [Goods imported from free trade partner] If an order has been made under subsection 5(3) or (3.2) that applies, by virtue of subsection 5(4), to goods imported from a free trade partner, or an order has been made under subsection 5(4.1), the Minister shall, in determining whether to issue a permit under this section, be guided, as the case may be, by\n(a) Article 10.2 of CUSMA;\n(b) subparagraph 5(b) of Article F-02 of CCFTA; or\n(c) subparagraph 5(b) of Article 4.6 of CIFTA.\n(4) [Repealed, 1997, c. 14, s. 75]",
|
| 469 |
"history": "R.S., 1985, c. E-19, s. 8; 1988, c. 65, s. 119; 1993, c. 44, s. 150; 1994, c. 47, s. 108; 1996, c. 33, s. 60; 1997, c. 14, s. 75; 2002, c. 19, s. 14; 2020, c. 1, s. 45",
|
| 470 |
"last_amended": "2020-07-01",
|
| 471 |
+
"in_force": "2002-12-31",
|
| 472 |
+
"status": "in force",
|
| 473 |
"current_to": "2026-03-31",
|
| 474 |
"citation": "EIPA, s. 8",
|
| 475 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.html"
|
|
|
|
| 487 |
"text": "8.1 Notwithstanding section 7, subsection 8(1) and any regulation made pursuant to section 12 that is not compatible with the purpose of this section, where a certain type of steel or a product made of steel is included on the Export Control List or the Import Control List solely for the purpose described in subsection 5.1(1), the Minister shall issue to any resident of Canada applying therefor a permit to export or import, as the case may be, that type of steel or that product, subject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.",
|
| 488 |
"history": "R.S., 1985, c. 13 (3rd Supp.), s. 2",
|
| 489 |
"last_amended": "2002-12-31",
|
| 490 |
+
"in_force": "2002-12-31",
|
| 491 |
+
"status": "in force",
|
| 492 |
"current_to": "2026-03-31",
|
| 493 |
"citation": "EIPA, s. 8.1",
|
| 494 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.1.html"
|
|
|
|
| 506 |
"text": "8.2 Notwithstanding section 7, subsection 8(1) and any regulation made pursuant to section 12 that is not compatible with the purpose of this section, if goods are included on the Export Control List or the Import Control List solely for the purpose described in subsection 5.2(1), (2) or (3), the Minister shall issue to any resident of Canada applying therefor a permit to export or import, as the case may be, those goods, subject only to compliance with and the application of such regulations made under section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.",
|
| 507 |
"history": "1988, c. 65, s. 120; 1993, c. 44, s. 151; 1997, c. 14, s. 76",
|
| 508 |
"last_amended": "2002-12-31",
|
| 509 |
+
"in_force": "2002-12-31",
|
| 510 |
+
"status": "in force",
|
| 511 |
"current_to": "2026-03-31",
|
| 512 |
"citation": "EIPA, s. 8.2",
|
| 513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.2.html"
|
|
|
|
| 525 |
"text": "8.3\n(1) Notwithstanding subsection 8(1), where goods have been included on the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), the Minister shall issue a permit to import those goods to any resident of Canada who has an import allocation for the goods and applies for the permit, subject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.\n(2) [Import permits — no allocation] Notwithstanding subsection 8(1), where goods have been included on the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), but has not issued import allocations for the goods, the Minister shall\n(a) if in the opinion of the Minister the import access quantity has not been exceeded, issue a permit to import those goods to any resident of Canada who applies for the permit, or\n(b) issue generally to all residents of Canada a general permit to import those goods,\nsubject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.\n(3) [Supplemental import permits] Notwithstanding subsection 8(1) and subsections (1) and (2) of this section, where goods have been included on the Import Control List and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), the Minister may issue\n(a) a permit to import those goods in a supplemental quantity to any resident of Canada who applies for the permit, or\n(b) generally to all residents of Canada a general permit to import those goods in a supplemental quantity,\nsubject to such terms and conditions as are described in the permit or in the regulations.",
|
| 526 |
"history": "1994, c. 47, s. 109",
|
| 527 |
"last_amended": "2002-12-31",
|
| 528 |
+
"in_force": "2002-12-31",
|
| 529 |
+
"status": "in force",
|
| 530 |
"current_to": "2026-03-31",
|
| 531 |
"citation": "EIPA, s. 8.3",
|
| 532 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.3.html"
|
|
|
|
| 544 |
"text": "8.31 Despite subsection 7(1), if goods have been included on the Export Control List, the Minister shall, at the request of any person who has been issued an export allocation under paragraph 6.2(2)(b) with respect to the goods, issue to that person a permit to export the goods, subject to\n(a) the export allocation; and\n(b) the person’s compliance with any regulations made under section 12.",
|
| 545 |
"history": "2017, c. 6, s. 21",
|
| 546 |
"last_amended": "2017-09-21",
|
| 547 |
+
"in_force": "2017-09-21",
|
| 548 |
+
"status": "in force",
|
| 549 |
"current_to": "2026-03-31",
|
| 550 |
"citation": "EIPA, s. 8.31",
|
| 551 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.31.html"
|
|
|
|
| 563 |
"text": "8.4 Despite subsection 7(1), if softwood lumber products have been included on the Export Control List for the purpose of implementing the softwood lumber agreement, the Minister shall issue a permit to export those products to any person registered under section 23 of the Softwood Lumber Products Export Charge Act, 2006 who applies for the permit, subject only to\n(a) any export allocation issued to that person under paragraph 6.3(3)(b); and\n(b) the person’s compliance with any regulations made under section 12.",
|
| 564 |
"history": "2006, c. 13, s. 112",
|
| 565 |
"last_amended": "2006-12-14",
|
| 566 |
+
"in_force": "2006-12-14",
|
| 567 |
+
"status": "in force",
|
| 568 |
"current_to": "2026-03-31",
|
| 569 |
"citation": "EIPA, s. 8.4",
|
| 570 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.4.html"
|
|
|
|
| 582 |
"text": "8.5 An export permit, import permit or brokering permit issued under this Act may, if the permit so provides, be retroactive.",
|
| 583 |
"history": "2006, c. 13, s. 112; 2018, c. 26, s. 9",
|
| 584 |
"last_amended": "2019-09-01",
|
| 585 |
+
"in_force": "2019-09-01",
|
| 586 |
+
"status": "in force",
|
| 587 |
"current_to": "2026-03-31",
|
| 588 |
"citation": "EIPA, s. 8.5",
|
| 589 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-8.5.html"
|
|
|
|
| 601 |
"text": "9 The Minister may, in order to facilitate importation of goods into Canada and compliance with the laws of the country of export, issue to any resident of Canada applying therefor an import certificate stating that the applicant has undertaken to import the goods described in the certificate within the time specified therein and containing such other information as the regulations require.",
|
| 602 |
"history": "R.S., c. E-17, s. 9",
|
| 603 |
"last_amended": "2002-12-31",
|
| 604 |
+
"in_force": "2002-12-31",
|
| 605 |
+
"status": "in force",
|
| 606 |
"current_to": "2026-03-31",
|
| 607 |
"citation": "EIPA, s. 9",
|
| 608 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-9.html"
|
|
|
|
| 620 |
"text": "9.01 [Repealed, 1997, c. 14, s. 77]",
|
| 621 |
"history": "",
|
| 622 |
"last_amended": "2002-12-31",
|
| 623 |
+
"in_force": "2002-12-31",
|
| 624 |
+
"status": "repealed",
|
| 625 |
"current_to": "2026-03-31",
|
| 626 |
"citation": "EIPA, s. 9.01",
|
| 627 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-9.01.html"
|
|
|
|
| 639 |
"text": "9.1 The Minister may, for the purpose of implementing an intergovernmental arrangement with a country listed in column 1 of Schedule 4 or with an international organization acting on behalf of such a country — or of implementing an intergovernmental arrangement applicable to a territory listed in column 1 — respecting the administration of the provisions set out in column 2, issue a certificate with respect to an exportation of goods to that country or territory stating the specific quantity of those goods that, on importation into the country or territory, is eligible for the rate of duty provided for in the provisions set out in column 3.",
|
| 640 |
"history": "1988, c. 65, s. 121; 1997, c. 14, s. 77; 2001, c. 28, s. 50; 2014, c. 14, s. 19; 2017, c. 6, s. 22",
|
| 641 |
"last_amended": "2017-09-21",
|
| 642 |
+
"in_force": "2017-09-21",
|
| 643 |
+
"status": "in force",
|
| 644 |
"current_to": "2026-03-31",
|
| 645 |
"citation": "EIPA, s. 9.1",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-9.1.html"
|
|
|
|
| 658 |
"text": "9.2 For the purpose of implementing an intergovernmental arrangement with any country or customs territory respecting the administration of any limitation imposed on the quantity of goods that may be imported into that country or customs territory in any period, the Minister may issue to any resident of Canada who applies, a certificate with respect to an exportation of the goods to the country or customs territory stating the specific quantity of the goods in the shipment in respect of which the certificate is issued that, on importation into the country or customs territory, is eligible for the benefit provided for goods imported within that limitation.",
|
| 659 |
"history": "1994, c. 47, s. 110",
|
| 660 |
"last_amended": "2002-12-31",
|
| 661 |
+
"in_force": "2002-12-31",
|
| 662 |
+
"status": "in force",
|
| 663 |
"current_to": "2026-03-31",
|
| 664 |
"citation": "EIPA, s. 9.2",
|
| 665 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-9.2.html"
|
|
|
|
| 677 |
"text": "10\n(1) Subject to subsection (3), the Minister may amend, suspend, cancel or reinstate any permit, import allocation, export allocation, certificate or other authorization issued or granted under this Act.\n(2) [Alteration of permits, etc.] If a permit has been issued under this Act to any person for the exportation or importation of goods that have been included on the Export Control List or the Import Control List solely for the purpose described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8), and\n(a) the person furnished, in or in connection with his application for the permit, information that was false or misleading in a material particular,\n(b) the Minister has, subsequent to the issuance of the permit and on the application of the person, issued to the person under this Act another permit for the exportation or the importation of the same goods,\n(c) the goods have, subsequent to the issuance of the permit, been included on the Export Control List or the Import Control List for a purpose other than that described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8),\n(d) it becomes necessary or desirable to correct an error in the permit, or\n(e) the person agrees to the amendment, suspension or cancellation of the permit,\nthe Minister may amend, suspend or cancel the permit, as is appropriate in the circumstances.\n(3) [Idem] Except as provided in subsection (2), the Minister shall not amend, suspend or cancel a permit that has been issued under this Act in the circumstances described in that subsection unless to do so would be compatible with the purpose of subsection 8(2) or section 8.1 or 8.2, namely, that permits to export or to import goods that have been included on the Export Control List or the Import Control List in those circumstances be issued as freely as possible to persons wishing to export or import those goods and with no more inconvenience to those persons than is necessary to achieve the purpose for which the goods were placed on that List.",
|
| 678 |
"history": "R.S., 1985, c. E-19, s. 10; R.S., 1985, c. 13 (3rd Supp.), s. 3; 1988, c. 65, s. 122; 1993, c. 44, s. 153; 1994, c. 47, s. 111; 1996, c. 33, s. 61; 1997, c. 14, s. 78; 2002, c. 19, s. 15; 2006, c. 13, s. 113",
|
| 679 |
"last_amended": "2006-12-14",
|
| 680 |
+
"in_force": "2006-12-14",
|
| 681 |
+
"status": "in force",
|
| 682 |
"current_to": "2026-03-31",
|
| 683 |
"citation": "EIPA, s. 10",
|
| 684 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-10.html"
|
|
|
|
| 696 |
"text": "10.1 The Minister may designate as an inspector any person who, in the Minister’s opinion, is qualified to be so designated.",
|
| 697 |
"history": "2006, c. 13, s. 114",
|
| 698 |
"last_amended": "2006-12-14",
|
| 699 |
+
"in_force": "2006-12-14",
|
| 700 |
+
"status": "in force",
|
| 701 |
"current_to": "2026-03-31",
|
| 702 |
"citation": "EIPA, s. 10.1",
|
| 703 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-10.1.html"
|
|
|
|
| 715 |
"text": "10.2\n(1) An inspector may, at all reasonable times, for any purpose related to the administration or enforcement of this Act, inspect, audit or examine the records of any person or organization that has applied for a permit, an import allocation, an export allocation, a certificate or another authorization under this Act in order to determine whether that or any other person or organization is in compliance with this Act.\n(2) [Powers of inspector] For the purposes of an inspection, audit or examination, an inspector may\n(a) enter any place in which the inspector reasonably believes the person or organization keeps records or carries on any activity to which this Act applies; and\n(b) require any individual to be present during the inspection, audit or examination and require that individual to answer all proper questions and to give to the inspector all reasonable assistance.\n(3) [Prior authorization] If any place referred to in paragraph (2)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (4).\n(4) [Warrant to enter dwelling-house] A judge may issue a warrant authorizing an inspector to enter a dwelling-house subject to the conditions specified in the warrant if, on ex parte application by the inspector, a judge is satisfied by information on oath that\n(a) there are reasonable grounds to believe that the dwelling-house is a place referred to in paragraph (2)(a);\n(b) entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act; and\n(c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused.\n(5) [Orders if entry not authorized] If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act, the judge may, to the extent that access was or may be expected to be refused and that a record is or may be expected to be kept in the dwelling-house,\n(a) order the occupant of the dwelling-house to provide the inspector with reasonable access to any record that is or should be kept in the dwelling-house; and\n(b) make any other order that is appropriate in the circumstances to carry out the purposes of this Act.\n(6) [Copies of records] When an inspector inspects, audits, examines or is provided a record under this section, the inspector may make, or cause to be made, one or more copies of the record.",
|
| 716 |
"history": "2006, c. 13, s. 114; 2018, c. 26, s. 10",
|
| 717 |
"last_amended": "2019-09-01",
|
| 718 |
+
"in_force": "2006-12-14",
|
| 719 |
+
"status": "in force",
|
| 720 |
"current_to": "2026-03-31",
|
| 721 |
"citation": "EIPA, s. 10.2",
|
| 722 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-10.2.html"
|
|
|
|
| 734 |
"text": "10.3\n(1) Every person or organization that applies for a permit, import allocation, export allocation, certificate or other authorization under this Act shall keep all records that are necessary to determine whether they have complied with this Act.\n(2) [Minister may specify information] The Minister may specify in writing the form that a record is to take and any information that the record must contain.\n(3) [Language and location of record] Unless otherwise authorized by the Minister, a record shall be kept in Canada in English or French.\n(4) [Electronic records] Every person or organization that is required to keep a record and that does so electronically shall ensure that all equipment and software necessary to make the record intelligible are available during the retention period required for the record.\n(5) [Inadequate records] If a person or organization fails to keep adequate records for the purposes of this Act, the Minister may, in writing, require them to keep any records that the Minister may specify, and they shall keep the records specified by the Minister.\n(6) [General period for retention] Every person or organization that is required to keep records shall retain them until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed by regulation.\n(7) [Demand by Minister] If the Minister is of the opinion that it is necessary for the administration or enforcement of this Act, the Minister may, by a demand served personally or sent by mail, require any person or organization that is required to keep records to retain those records for any period that is specified in the demand, and the person or organization shall comply with the demand.\n(8) [Permission for earlier disposal] A person or organization that is required to keep records may dispose of them before the expiry of the period during which they are required to be kept if written permission for their disposal is given by the Minister.\n(9) [For greater certainty — firearms] For greater certainty, this section applies in respect of a firearm only if the firearm is included in the Export Control List, Brokering Control List or Import Control List and it is the subject of an application for a permit, certificate or other authorization under this Act.",
|
| 735 |
"history": "2006, c. 13, s. 114; 2018, c. 26, s. 11",
|
| 736 |
"last_amended": "2019-09-01",
|
| 737 |
+
"in_force": "2006-12-14",
|
| 738 |
+
"status": "in force",
|
| 739 |
"current_to": "2026-03-31",
|
| 740 |
"citation": "EIPA, s. 10.3",
|
| 741 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-10.3.html"
|
|
|
|
| 753 |
"text": "11 A permit, certificate or other authorization issued or granted under this Act does not affect the obligation of any person to obtain any licence, permit or certificate to export or import that may be required under this or any other law or to pay any tax, duty, toll, impost or other sum required by any law to be paid in respect of the exportation or transfer of goods or technology or the importation of goods.",
|
| 754 |
"history": "R.S., 1985, c. E-19, s. 11; 2004, c. 15, s. 57",
|
| 755 |
"last_amended": "2007-03-31",
|
| 756 |
+
"in_force": "2007-03-31",
|
| 757 |
+
"status": "in force",
|
| 758 |
"current_to": "2026-03-31",
|
| 759 |
"citation": "EIPA, s. 11",
|
| 760 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-11.html"
|
|
|
|
| 772 |
"text": "12 The Governor in Council may make regulations\n(a) prescribing the information, certificates issued by a third party attesting to a softwood sawlog’s origin and undertakings to be furnished by applicants for permits, import allocations, export allocations, certificates or other authorizations under this Act, the procedure to be followed in applying for and issuing or granting permits, import allocations, export allocations, certificates or other authorizations, the duration of them, and the terms and conditions, including those with reference to shipping or other documents, on which permits, import allocations, export allocations, certificates or other authorizations may be issued or granted under this Act;\n(a.1) respecting the considerations that the Minister must take into account when deciding whether to issue an import allocation or export allocation or consent to its transfer;\n(a.2) specifying, for the purposes of subsection 7.3(2), considerations that the Minister shall take into consideration when deciding whether to issue an export permit under subsection 7(1) in respect of goods or technology included in the Export Control List;\n(a.3) specifying, for the purposes of subsection 7.3(2), considerations that the Minister shall take into consideration when deciding whether to issue a brokering permit under subsection 7.1(1) in respect of goods or technology included in a Brokering Control List;\n(b) respecting information to be supplied by persons and organizations that have been issued or granted permits, import allocations, export allocations, certificates or other authorizations under this Act and any other matter associated with their use;\n(b.1) respecting information to be supplied to specified persons or specified government entities, including foreign government entities, by persons who export goods expressly excluded from the Export Control List;\n(c) respecting the issue of, and conditions or requirements applicable to, general permits or general certificates;\n(c.01) respecting export charges referred to in subsection 6.2(5);\n(c.02) respecting the considerations that the Minister must take into account when deciding whether to issue a certificate under section 9.2;\n(c.1) providing for considerations to be taken into account by the Minister in the issuance of certificates under section 9.1;\n(c.2) defining “origin” for the purposes of this Act or any provision thereof;\n(c.3) respecting the application, for the purposes of this Act or any provision thereof, of any regulations made under the Customs Tariff respecting the origin of goods;\n(d) respecting the certification, authorization or other control of any in-transit movement through any port or place of any goods or technology that is exported or transferred from Canada or of any goods that come into any port or place in Canada;\n(e) exempting any person or organization, any goods or technology or any class of persons or organizations, goods or technology from the operation of any or all of the provisions of this Act;\n(e.1) specifying activities or classes of activities that do not constitute brokering for the purposes this Act; and\n(f) generally, for carrying out the purposes and provisions of this Act.",
|
| 773 |
"history": "R.S., 1985, c. E-19, s. 12; 1988, c. 65, s. 123; 1993, c. 44, s. 154; 1994, c. 47, s. 112; 1999, c. 31, s. 90; 2004, c. 15, s. 58; 2006, c. 13, s. 115; 2018, c. 26, s. 12; 2020, c. 1, s. 46",
|
| 774 |
"last_amended": "2020-07-01",
|
| 775 |
+
"in_force": "2007-03-31",
|
| 776 |
+
"status": "in force",
|
| 777 |
"current_to": "2026-03-31",
|
| 778 |
"citation": "EIPA, s. 12",
|
| 779 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-12.html"
|
|
|
|
| 791 |
"text": "13 No person shall export or transfer, or attempt to export or transfer, any goods or technology included in an Export Control List or any goods or technology to any country included in an Area Control List except under the authority of and in accordance with an export permit issued under this Act.",
|
| 792 |
"history": "R.S., 1985, c. E-19, s. 13; 2004, c. 15, s. 59",
|
| 793 |
"last_amended": "2007-03-31",
|
| 794 |
+
"in_force": "2007-03-31",
|
| 795 |
+
"status": "in force",
|
| 796 |
"current_to": "2026-03-31",
|
| 797 |
"citation": "EIPA, s. 13",
|
| 798 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-13.html"
|
|
|
|
| 810 |
"text": "14 No person shall import or attempt to import any goods included in an Import Control List except under the authority of and in accordance with an import permit issued under this Act.",
|
| 811 |
"history": "R.S., c. E-17, s. 14",
|
| 812 |
"last_amended": "2002-12-31",
|
| 813 |
+
"in_force": "2002-12-31",
|
| 814 |
+
"status": "in force",
|
| 815 |
"current_to": "2026-03-31",
|
| 816 |
"citation": "EIPA, s. 14",
|
| 817 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-14.html"
|
|
|
|
| 829 |
"text": "14.1 A person does not contravene section 13 or 14 if, at the time of exportation or importation, the person would have exported or imported the goods under the authority of and in accordance with an export permit or an import permit issued under this Act had they applied for it, and if, after the exportation or importation, the permit is issued.",
|
| 830 |
"history": "2006, c. 13, s. 116",
|
| 831 |
"last_amended": "2006-12-14",
|
| 832 |
+
"in_force": "2006-12-14",
|
| 833 |
+
"status": "in force",
|
| 834 |
"current_to": "2026-03-31",
|
| 835 |
"citation": "EIPA, s. 14.1",
|
| 836 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-14.1.html"
|
|
|
|
| 848 |
"text": "14.2\n(1) No person or organization shall broker, or attempt to broker, except under the authority of and in accordance with a brokering permit issued under this Act.\n(2) [Exception] A person or organization does not contravene subsection (1) if, at the time of the alleged contravention, they would have brokered under the authority of and in accordance with a brokering permit issued under this Act had they applied for it, and if, after the alleged contravention, the permit is issued.\n(3) [Act or omission outside Canada] Every person or organization that commits an act or omission outside Canada that, if committed in Canada, would constitute a contravention of subsection (1) — or a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, such a contravention — is deemed to have committed that act or omission in Canada if they are\n(a) a Canadian citizen;\n(b) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act who, after the commission of the act or omission, is present in Canada; or\n(c) an organization that is incorporated, formed or otherwise organized under the laws of Canada or a province.\n(4) [Jurisdiction] If a person or organization is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (3), proceedings for an offence in respect of that act or omission may, whether or not they are in Canada, be commenced in any territorial division in Canada. The person or organization may be tried and punished for that offence as if the offence had been committed in that territorial division.\n(5) [Appearance at trial] For greater certainty, the provisions of the Criminal Code relating to the requirements that a person or organization appear at and be present during proceedings and the exceptions to those requirements apply to proceedings commenced in any territorial division under subsection (4).\n(6) [Previously tried outside Canada] If a person or organization is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (3) and they have been tried and dealt with outside Canada for an offence in respect of the act or omission so that, if they had been tried and dealt with in Canada, they would be able to plead autrefois acquit, autrefois convict or pardon, they are deemed to have been so tried and dealt with in Canada.\n(7) [Exception for foreign trials in absentia] Despite subsection (6), a person or organization may not plead autrefois convict to a count that charges an offence in respect of the act or omission if\n(a) the person or organization was not present and was not represented by counsel acting under the person or organization’s instructions at the trial outside Canada; and\n(b) the person or organization was not punished in accordance with the sentence imposed on conviction in respect of the act or omission.",
|
| 849 |
"history": "2018, c. 26, s. 13",
|
| 850 |
"last_amended": "2019-09-01",
|
| 851 |
+
"in_force": "2019-09-01",
|
| 852 |
+
"status": "in force",
|
| 853 |
"current_to": "2026-03-31",
|
| 854 |
"citation": "EIPA, s. 14.2",
|
| 855 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-14.2.html"
|
|
|
|
| 867 |
"text": "15\n(1) Subject to subsection (2), and except with the authority in writing of the Minister, no person shall knowingly do anything in Canada that causes or assists or is intended to cause or assist any shipment, transhipment, diversion or transfer of any goods or technology included in an Export Control List to be made, from Canada or any other place, to any country included in an Area Control List.\n(2) [Diversion, etc., of automatic firearms] No person shall knowingly do anything in Canada that causes or assists or is intended to cause or assist any shipment, transhipment or diversion of any thing referred to in any of paragraphs 4.1(a) to (c), or any component or part designed exclusively for assembly into such a thing, that is included in an Export Control List, from Canada or any other place, to any country that is not included in an Automatic Firearms Country Control List.",
|
| 868 |
"history": "R.S., 1985, c. E-19, s. 15; 1991, c. 28, s. 4; 1995, c. 39, s. 173; 2004, c. 15, s. 60",
|
| 869 |
"last_amended": "2007-03-31",
|
| 870 |
+
"in_force": "2007-03-31",
|
| 871 |
+
"status": "in force",
|
| 872 |
"current_to": "2026-03-31",
|
| 873 |
"citation": "EIPA, s. 15",
|
| 874 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-15.html"
|
|
|
|
| 886 |
"text": "16 No person or organization that is authorized under a permit issued under this Act to export or transfer goods or technology, to import goods or to broker shall transfer the permit to, or allow it to be used by, a person or organization that is not so authorized.",
|
| 887 |
"history": "R.S., 1985, c. E-19, s. 16; 2004, c. 15, s. 61; 2018, c. 26, s. 14",
|
| 888 |
"last_amended": "2019-09-01",
|
| 889 |
+
"in_force": "2019-09-01",
|
| 890 |
+
"status": "in force",
|
| 891 |
"current_to": "2026-03-31",
|
| 892 |
"citation": "EIPA, s. 16",
|
| 893 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-16.html"
|
|
|
|
| 905 |
"text": "16.1 No person who has been issued an import allocation or an export allocation shall, without the consent of the Minister, transfer it or allow it to be used by another person.",
|
| 906 |
"history": "1994, c. 47, s. 113; 2006, c. 13, s. 117",
|
| 907 |
"last_amended": "2006-12-14",
|
| 908 |
+
"in_force": "2006-12-14",
|
| 909 |
+
"status": "in force",
|
| 910 |
"current_to": "2026-03-31",
|
| 911 |
"citation": "EIPA, s. 16.1",
|
| 912 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-16.1.html"
|
|
|
|
| 924 |
"text": "17 No person or organization shall knowingly furnish any false or misleading information or knowingly make any misrepresentation in any application for a permit, import allocation, export allocation, certificate or other authorization under this Act or for the purpose of procuring its issue or grant or in connection with any subsequent use of the permit, import allocation, export allocation, certificate or other authorization or the exportation, importation, brokering, transfer or disposition of goods or technology to which it relates.",
|
| 925 |
"history": "R.S., 1985, c. E-19, s. 17; 1994, c. 47, s. 114; 2004, c. 15, s. 62; 2006, c. 13, ss. 117, 125; 2018, c. 26, s. 15",
|
| 926 |
"last_amended": "2019-09-01",
|
| 927 |
+
"in_force": "2019-09-01",
|
| 928 |
+
"status": "in force",
|
| 929 |
"current_to": "2026-03-31",
|
| 930 |
"citation": "EIPA, s. 17",
|
| 931 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-17.html"
|
|
|
|
| 943 |
"text": "18 No person or organization shall knowingly induce, aid or abet any person or organization to contravene any of the provisions of this Act or of the regulations.",
|
| 944 |
"history": "R.S., 1985, c. E-19, s. 18; 2018, c. 26, s. 15",
|
| 945 |
"last_amended": "2019-09-01",
|
| 946 |
+
"in_force": "2019-09-01",
|
| 947 |
+
"status": "in force",
|
| 948 |
"current_to": "2026-03-31",
|
| 949 |
"citation": "EIPA, s. 18",
|
| 950 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-18.html"
|
|
|
|
| 962 |
"text": "19\n(1) Every person or organization that contravenes any provision of this Act or of the regulations is guilty of\n(a) an offence punishable on summary conviction and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 12 months, or to both; or\n(b) an indictable offence and liable to a fine in an amount that is in the discretion of the court or to imprisonment for a term not exceeding ten years, or to both.\n(2) [Limitation period] A prosecution under paragraph (1)(a) may be instituted at any time within but not later than three years after the time when the subject-matter of the complaint arose.\n(2.1) [Consent of Attorney General] No proceedings for an offence in respect of the contravention of subsection 14.2(1) that is deemed to have been committed in Canada under subsection 14.2(3) may be commenced without the consent of the Attorney General of Canada.\n(3) [Factors to be considered when imposing sentence] If an offender is convicted or discharged under section 730 of the Criminal Code in respect of an offence under this Act, the court imposing a sentence on or discharging the offender shall, in addition to considering any other relevant factors, consider the nature and value of the exported or transferred goods or technology, or the imported goods, that are the subject-matter of the offence or, in the case of a contravention of subsection 14.2(1), the goods or technology to which the offence relates.",
|
| 963 |
"history": "R.S., 1985, c. E-19, s. 19; 1991, c. 28, s. 5; 1995, c. 22, s. 18; 2004, c. 15, s. 63; 2018, c. 26, s. 16",
|
| 964 |
"last_amended": "2019-09-01",
|
| 965 |
+
"in_force": "2007-03-31",
|
| 966 |
+
"status": "in force",
|
| 967 |
"current_to": "2026-03-31",
|
| 968 |
"citation": "EIPA, s. 19",
|
| 969 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-19.html"
|
|
|
|
| 981 |
"text": "20 If an organization commits an offence under this Act, any officer or director of the organization that directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the organization has been prosecuted or convicted.",
|
| 982 |
"history": "R.S., 1985, c. E-19, s. 20; 2018, c. 26, s. 17",
|
| 983 |
"last_amended": "2019-09-01",
|
| 984 |
+
"in_force": "2019-09-01",
|
| 985 |
+
"status": "in force",
|
| 986 |
"current_to": "2026-03-31",
|
| 987 |
"citation": "EIPA, s. 20",
|
| 988 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-20.html"
|
|
|
|
| 1000 |
"text": "21 If a permit, other than a brokering permit, is issued under this Act to a person who has applied for it for, on behalf of, or for the use of, another person who is not a resident of Canada and that other person commits an offence under this Act, the person who applied for the permit is, whether or not the non-resident has been prosecuted or convicted, guilty of the like offence and liable, on conviction, to the punishment provided for the offence, on proof that the act or omission constituting the offence took place with the knowledge or consent of the person who applied for the permit or that the person who applied for the permit failed to exercise due diligence to prevent the commission of the offence.",
|
| 1001 |
"history": "R.S., 1985, c. E-19, s. 21; 2018, c. 26, s. 17",
|
| 1002 |
"last_amended": "2019-09-01",
|
| 1003 |
+
"in_force": "2019-09-01",
|
| 1004 |
+
"status": "in force",
|
| 1005 |
"current_to": "2026-03-31",
|
| 1006 |
"citation": "EIPA, s. 21",
|
| 1007 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-21.html"
|
|
|
|
| 1019 |
"text": "22\n(1) Any proceeding in respect of an offence under this Act may be instituted, tried or determined at the place in Canada where the offence was committed or at the place in Canada in which the accused is, resides or has an office or place of business at the time of institution of the proceedings.\n(2) [Proceedings respecting more than one offence] In any proceedings in respect of offences under this Act,\n(a) an information may include more than one offence committed by the same person or organization;\n(b) all the offences included in the information may be tried concurrently;\n(c) one conviction for any or all offences so included may be made; and\n(d) no information, warrant, summons, conviction or other proceedings for those offences shall be deemed objectionable on the ground that it relates to two or more offences.",
|
| 1020 |
"history": "R.S., 1985, c. E-19, s. 22; 2018, c. 26, s. 18",
|
| 1021 |
"last_amended": "2019-09-01",
|
| 1022 |
+
"in_force": "2002-12-31",
|
| 1023 |
+
"status": "in force",
|
| 1024 |
"current_to": "2026-03-31",
|
| 1025 |
"citation": "EIPA, s. 22",
|
| 1026 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-22.html"
|
|
|
|
| 1038 |
"text": "23\n(1) The original or a copy of a bill of lading, customs form, commercial invoice or other document, in this section called a shipping document, is admissible in evidence in any prosecution under this Act in respect of goods or technology if it appears from the shipping document that\n(a) the goods or technology was sent, shipped or transferred from Canada or the goods came into Canada;\n(b) a person, as shipper, consignor or consignee, sent, shipped or transferred the goods or technology from Canada or brought the goods into Canada; or\n(c) the goods or technology was sent, shipped or transferred to a destination or person other than as authorized in the export permit relating to the goods or technology or the import permit relating to the goods.\n(2) [Proof of the facts] In the absence of evidence to the contrary, a shipping document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the shipping document.",
|
| 1039 |
"history": "R.S., 1985, c. E-19, s. 23; 2004, c. 15, s. 64",
|
| 1040 |
"last_amended": "2007-03-31",
|
| 1041 |
+
"in_force": "2007-03-31",
|
| 1042 |
+
"status": "in force",
|
| 1043 |
"current_to": "2026-03-31",
|
| 1044 |
"citation": "EIPA, s. 23",
|
| 1045 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-23.html"
|
|
|
|
| 1057 |
"text": "23.1\n(1) The original or a copy of a bill of lading, customs form, commercial invoice or other document is admissible in evidence in any prosecution under this Act in respect of any goods or technology included in a Brokering Control List if it appears from the document that\n(a) the goods or technology was sent or shipped from a foreign country or the goods or technology was destined for a foreign country;\n(b) a person or organization, as shipper, consignor or consignee, sent or shipped the goods or technology from a foreign country or brought the goods or technology into foreign country; or\n(c) the goods or technology were sent or shipped to a destination or to a person or organization other than as authorized in the brokering permit relating to the goods or technology.\n(2) [Proof of the facts] In the absence of evidence to the contrary, a document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the document.",
|
| 1058 |
"history": "2018, c. 26, s. 19",
|
| 1059 |
"last_amended": "2019-09-01",
|
| 1060 |
+
"in_force": "2019-09-01",
|
| 1061 |
+
"status": "in force",
|
| 1062 |
"current_to": "2026-03-31",
|
| 1063 |
"citation": "EIPA, s. 23.1",
|
| 1064 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-23.1.html"
|
|
|
|
| 1076 |
"text": "24 All officers, as defined in the Customs Act, before permitting the export or transfer of any goods or technology or the import of any goods, shall satisfy themselves that the exporter, importer or transferor, as the case may be, has not contravened any of the provisions of this Act or the regulations and that all requirements of this Act and the regulations with reference to the goods or technology have been complied with.",
|
| 1077 |
"history": "R.S., 1985, c. E-19, s. 24; R.S., 1985, c. 1 (2nd Supp.), s. 213; 2004, c. 15, s. 65",
|
| 1078 |
"last_amended": "2007-03-31",
|
| 1079 |
+
"in_force": "2007-03-31",
|
| 1080 |
+
"status": "in force",
|
| 1081 |
"current_to": "2026-03-31",
|
| 1082 |
"citation": "EIPA, s. 24",
|
| 1083 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-24.html"
|
|
|
|
| 1095 |
"text": "25 All officers, as defined in the Customs Act, have, with respect to any goods or technology to which this Act applies, all the powers they have under the Customs Act with respect to the importation and exportation of goods, and all the provisions of that Act and the regulations under it respecting search, detention, seizure, forfeiture and condemnation apply, with such modifications as the circumstances require, to any goods or technology that is tendered for export, transfer or import or is exported, transferred or imported or otherwise dealt with contrary to this Act and the regulations and to all documents relating to the goods or technology.",
|
| 1096 |
"history": "R.S., 1985, c. E-19, s. 25; R.S., 1985, c. 1 (2nd Supp.), s. 213; 2004, c. 15, s. 65",
|
| 1097 |
"last_amended": "2007-03-31",
|
| 1098 |
+
"in_force": "2007-03-31",
|
| 1099 |
+
"status": "in force",
|
| 1100 |
"current_to": "2026-03-31",
|
| 1101 |
"citation": "EIPA, s. 25",
|
| 1102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-25.html"
|
|
|
|
| 1114 |
"text": "26 [Repealed, 2018, c. 26, s. 20]",
|
| 1115 |
"history": "",
|
| 1116 |
"last_amended": "2018-12-13",
|
| 1117 |
+
"in_force": "2018-12-13",
|
| 1118 |
+
"status": "repealed",
|
| 1119 |
"current_to": "2026-03-31",
|
| 1120 |
"citation": "EIPA, s. 26",
|
| 1121 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-26.html"
|
|
|
|
| 1133 |
"text": "27 No later than May 31 of each year, the Minister shall prepare and cause to be laid before each House of Parliament a report of the operations under this Act for the preceding year and a report in respect of arms, ammunition, implements and munitions of war, that were exported in the preceding year under the authority of and in accordance with an export permit issued under subsection 7(1).",
|
| 1134 |
"history": "R.S., 1985, c. E-19, s. 27; 2018, c. 26, s. 21",
|
| 1135 |
"last_amended": "2019-09-01",
|
| 1136 |
+
"in_force": "2019-09-01",
|
| 1137 |
+
"status": "in force",
|
| 1138 |
"current_to": "2026-03-31",
|
| 1139 |
"citation": "EIPA, s. 27",
|
| 1140 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/e-19/section-27.html"
|
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|
@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1 This Act may be cited as the Plant Protection Act.",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 15 |
"current_to": "2019-06-21",
|
| 16 |
"citation": "Plant Protection Act, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2 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.",
|
| 30 |
"history": "",
|
| 31 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 32 |
"current_to": "2019-06-21",
|
| 33 |
"citation": "Plant Protection Act, s. 2",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-2.html"
|
|
@@ -46,6 +50,8 @@
|
|
| 46 |
"text": "3 In this Act,\nAssessor means the Assessor or any Deputy Assessor appointed under Part II of the Pesticide Residue Compensation Act; (évaluateur)\nconveyance means any aircraft, carriage, motor vehicle, trailer, railway car, vessel, cargo container or other contrivance used to move persons or things; (véhicule)\ndispose includes destroy; (Version anglaise seulement)\ndocument 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)\ninspector means a person designated as an inspector pursuant to section 21; (inspecteur)\njustice means a justice as defined in section 2 of the Criminal Code; (juge de paix)\nMinister means the Minister of Agriculture and Agri-Food; (ministre)\npeace officer means a peace officer as defined in section 2 of the Criminal Code; (agent de la paix)\npenalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; (sanction)\npest means any thing that is injurious or potentially injurious, whether directly or indirectly, to plants or to products or by-products of plants; (parasite)\nplace includes a conveyance; (lieu)\nplant includes a part of a plant; (végétal)\nprescribed means prescribed by regulation; (Version anglaise seulement)\nthing includes a plant and a pest; (choses)\nTribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; (Commission)\nviolation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:\n(a) any contravention of any provision of this Act or of a regulation made under this Act,\n(b) any contravention of any order made by the Minister under this Act, and\n(c) any refusal or neglect to perform any duty imposed by or under this Act. (violation)",
|
| 47 |
"history": "1990, c. 22, s. 3; 1994, c. 38, s. 25; 1995, c. 40, s. 75; 1997, c. 6, s. 81; 2001, c. 4, s. 173(F); 2012, c. 24, s. 95; 2015, c. 2, s. 99",
|
| 48 |
"last_amended": "2019-01-15",
|
|
|
|
|
|
|
| 49 |
"current_to": "2019-06-21",
|
| 50 |
"citation": "Plant Protection Act, s. 3",
|
| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-3.html"
|
|
@@ -63,6 +69,8 @@
|
|
| 63 |
"text": "4 This Act is binding on Her Majesty in right of Canada or a province.",
|
| 64 |
"history": "",
|
| 65 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 66 |
"current_to": "2019-06-21",
|
| 67 |
"citation": "Plant Protection Act, s. 4",
|
| 68 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-4.html"
|
|
@@ -80,6 +88,8 @@
|
|
| 80 |
"text": "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.",
|
| 81 |
"history": "",
|
| 82 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 83 |
"current_to": "2019-06-21",
|
| 84 |
"citation": "Plant Protection Act, s. 5",
|
| 85 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-5.html"
|
|
@@ -97,6 +107,8 @@
|
|
| 97 |
"text": "6\n(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.\n(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.\n(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.",
|
| 98 |
"history": "1990, c. 22, s. 6; 2015, c. 3, s. 142(F)",
|
| 99 |
"last_amended": "2015-02-26",
|
|
|
|
|
|
|
| 100 |
"current_to": "2019-06-21",
|
| 101 |
"citation": "Plant Protection Act, s. 6",
|
| 102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-6.html"
|
|
@@ -114,6 +126,8 @@
|
|
| 114 |
"text": "6.1 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.",
|
| 115 |
"history": "2015, c. 2, s. 100",
|
| 116 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 117 |
"current_to": "2019-06-21",
|
| 118 |
"citation": "Plant Protection Act, s. 6.1",
|
| 119 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-6.1.html"
|
|
@@ -131,6 +145,8 @@
|
|
| 131 |
"text": "7 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\n(a) the person has produced to an inspector all permits, certificates and other documentation required by the regulations;\n(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\n(c) the thing is imported or exported in accordance with any other requirements of the regulations.",
|
| 132 |
"history": "1990, c. 22, s. 7; 2015, c. 2, s. 101",
|
| 133 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 134 |
"current_to": "2019-06-21",
|
| 135 |
"citation": "Plant Protection Act, s. 7",
|
| 136 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-7.html"
|
|
@@ -148,6 +164,8 @@
|
|
| 148 |
"text": "8\n(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.\n(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.\n(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.\n(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\n(a) harm to human, animal or plant health or the environment is unlikely to result;\n(b) the thing will not be sold within that period;\n(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\n(d) if the thing does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.\n(5) [Cancellation] An inspector may cancel the notice if he or she is satisfied that\n(a) harm to human, animal or plant health or the environment is unlikely to result;\n(b) the thing has not been sold within the period referred to in subsection (6);\n(c) the measures referred to in paragraph (4)(c) were taken within that period; and\n(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.\n(6) [Period] The period for the purposes of subsection (5) is\n(a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and\n(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.",
|
| 149 |
"history": "1990, c. 22, s. 8; 2015, c. 2, s. 101",
|
| 150 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 151 |
"current_to": "2019-06-21",
|
| 152 |
"citation": "Plant Protection Act, s. 8",
|
| 153 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-8.html"
|
|
@@ -165,6 +183,8 @@
|
|
| 165 |
"text": "9\n(1) No person shall possess or dispose of a thing that the person knows was imported in contravention of this Act or the regulations.\n(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.",
|
| 166 |
"history": "",
|
| 167 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 168 |
"current_to": "2019-06-21",
|
| 169 |
"citation": "Plant Protection Act, s. 9",
|
| 170 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-9.html"
|
|
@@ -182,6 +202,8 @@
|
|
| 182 |
"text": "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.",
|
| 183 |
"history": "",
|
| 184 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 185 |
"current_to": "2019-06-21",
|
| 186 |
"citation": "Plant Protection Act, s. 10",
|
| 187 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-10.html"
|
|
@@ -199,6 +221,8 @@
|
|
| 199 |
"text": "11\n(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.\n(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.",
|
| 200 |
"history": "",
|
| 201 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 202 |
"current_to": "2019-06-21",
|
| 203 |
"citation": "Plant Protection Act, s. 11",
|
| 204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-11.html"
|
|
@@ -216,6 +240,8 @@
|
|
| 216 |
"text": "12\n(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.\n(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.",
|
| 217 |
"history": "",
|
| 218 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 219 |
"current_to": "2019-06-21",
|
| 220 |
"citation": "Plant Protection Act, s. 12",
|
| 221 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-12.html"
|
|
@@ -233,6 +259,8 @@
|
|
| 233 |
"text": "13\n(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.\n(2) [Cessation of prohibition or restriction] A prohibition or restriction contained in a declaration under section 11 or 12 ceases to have effect where\n(a) the inspector rescinds the prohibition or restriction; or\n(b) the declaration is revoked by the Minister under subsection 15(2).",
|
| 234 |
"history": "",
|
| 235 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 236 |
"current_to": "2019-06-21",
|
| 237 |
"citation": "Plant Protection Act, s. 13",
|
| 238 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-13.html"
|
|
@@ -250,6 +278,8 @@
|
|
| 250 |
"text": "14 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.",
|
| 251 |
"history": "",
|
| 252 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 253 |
"current_to": "2019-06-21",
|
| 254 |
"citation": "Plant Protection Act, s. 14",
|
| 255 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-14.html"
|
|
@@ -267,6 +297,8 @@
|
|
| 267 |
"text": "15\n(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.\n(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.\n(3) [Powers of Minister] The Minister may, by order,\n(a) declare any place to be infested that is not already the subject of a declaration under section 11 or 12;\n(b) determine and subsequently vary the area of any place that is declared infested;\n(c) extend the period of any prohibition or restriction declared by an inspector under subsection 13(1);\n(d) prohibit or restrict the movement of persons and things within, into or out of any place that is declared infested; and\n(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.",
|
| 268 |
"history": "",
|
| 269 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 270 |
"current_to": "2019-06-21",
|
| 271 |
"citation": "Plant Protection Act, s. 15",
|
| 272 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-15.html"
|
|
@@ -284,6 +316,8 @@
|
|
| 284 |
"text": "16 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.",
|
| 285 |
"history": "",
|
| 286 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 287 |
"current_to": "2019-06-21",
|
| 288 |
"citation": "Plant Protection Act, s. 16",
|
| 289 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-16.html"
|
|
@@ -301,6 +335,8 @@
|
|
| 301 |
"text": "17 A prohibition or restriction imposed by the Minister or an inspector supersedes any order of a local authority that is inconsistent with it.",
|
| 302 |
"history": "",
|
| 303 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 304 |
"current_to": "2019-06-21",
|
| 305 |
"citation": "Plant Protection Act, s. 17",
|
| 306 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-17.html"
|
|
@@ -318,6 +354,8 @@
|
|
| 318 |
"text": "18 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.",
|
| 319 |
"history": "",
|
| 320 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 321 |
"current_to": "2019-06-21",
|
| 322 |
"citation": "Plant Protection Act, s. 18",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-18.html"
|
|
@@ -335,6 +373,8 @@
|
|
| 335 |
"text": "19 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.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 338 |
"current_to": "2019-06-21",
|
| 339 |
"citation": "Plant Protection Act, s. 19",
|
| 340 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-19.html"
|
|
@@ -352,6 +392,8 @@
|
|
| 352 |
"text": "20\n(1) For the purposes of this section, international transportation undertaking means\n(a) an undertaking that transports persons or things internationally;\n(b) an international road, railway, bridge or tunnel;\n(c) an airport that receives any aircraft operating on an international flight;\n(d) a port that receives any ship sailing on an international voyage; and\n(e) a warehouse or other facility that receives any international air, water, rail or road traffic.\n(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.\n(3) [Powers of Minister] The Minister may\n(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);\n(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\n(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.\n(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.\n(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.\n(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.\n(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).\n(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).",
|
| 353 |
"history": "1990, c. 22, s. 20; 2015, c. 3, s. 143(F)",
|
| 354 |
"last_amended": "2015-02-26",
|
|
|
|
|
|
|
| 355 |
"current_to": "2019-06-21",
|
| 356 |
"citation": "Plant Protection Act, s. 20",
|
| 357 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-20.html"
|
|
@@ -369,6 +411,8 @@
|
|
| 369 |
"text": "21\n(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.\n(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.\n(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.",
|
| 370 |
"history": "1990, c. 22, s. 21; 1997, c. 6, s. 82; 2005, c. 38, s. 123",
|
| 371 |
"last_amended": "2005-12-12",
|
|
|
|
|
|
|
| 372 |
"current_to": "2019-06-21",
|
| 373 |
"citation": "Plant Protection Act, s. 21",
|
| 374 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-21.html"
|
|
@@ -386,6 +430,8 @@
|
|
| 386 |
"text": "22\n(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).\n(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\n(a) permit or require the conveyance or other thing to be moved or prohibit its movement; or\n(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.",
|
| 387 |
"history": "",
|
| 388 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 389 |
"current_to": "2019-06-21",
|
| 390 |
"citation": "Plant Protection Act, s. 22",
|
| 391 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-22.html"
|
|
@@ -403,6 +449,8 @@
|
|
| 403 |
"text": "23\n(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.\n(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\n(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\n(b) furnish the inspector with such information relevant to the administration of this Act or the regulations as the inspector may reasonably require.\n(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.",
|
| 404 |
"history": "",
|
| 405 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 406 |
"current_to": "2019-06-21",
|
| 407 |
"citation": "Plant Protection Act, s. 23",
|
| 408 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-23.html"
|
|
@@ -420,6 +468,8 @@
|
|
| 420 |
"text": "23.1\n(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.\n(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.",
|
| 421 |
"history": "2015, c. 2, s. 102",
|
| 422 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 423 |
"current_to": "2019-06-21",
|
| 424 |
"citation": "Plant Protection Act, s. 23.1",
|
| 425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-23.1.html"
|
|
@@ -437,6 +487,8 @@
|
|
| 437 |
"text": "24\n(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.\n(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.",
|
| 438 |
"history": "1990, c. 22, s. 24; 2015, c. 3, s. 144(F)",
|
| 439 |
"last_amended": "2015-02-26",
|
|
|
|
|
|
|
| 440 |
"current_to": "2019-06-21",
|
| 441 |
"citation": "Plant Protection Act, s. 24",
|
| 442 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-24.html"
|
|
@@ -454,6 +506,8 @@
|
|
| 454 |
"text": "25\n(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\n(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;\n(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;\n(c) examine any thing in respect of which this Act or the regulations apply and take samples of it;\n(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\n(e) conduct any tests or analyses or take any measurements.\n(2) [Operation of data processing and copying equipment] In carrying out an inspection at any place under this section, an inspector may\n(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;\n(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\n(c) use or cause to be used any copying equipment at the place to make copies of any record or other document.",
|
| 455 |
"history": "1990, c. 22, s. 25; 2015, c. 2, s. 103",
|
| 456 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 457 |
"current_to": "2019-06-21",
|
| 458 |
"citation": "Plant Protection Act, s. 25",
|
| 459 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-25.html"
|
|
@@ -471,6 +525,8 @@
|
|
| 471 |
"text": "26\n(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.\n(2) [Authority to issue warrant] Where on ex parte application a justice is satisfied by information on oath that\n(a) the conditions for entry described in section 25 exist in relation to a dwelling-place,\n(b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations, and\n(c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,\nthe 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.\n(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.",
|
| 472 |
"history": "",
|
| 473 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 474 |
"current_to": "2019-06-21",
|
| 475 |
"citation": "Plant Protection Act, s. 26",
|
| 476 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-26.html"
|
|
@@ -488,6 +544,8 @@
|
|
| 488 |
"text": "27 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\n(a) by means of or in relation to which the inspector believes on reasonable grounds the violation or offence was committed; or\n(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.",
|
| 489 |
"history": "1990, c. 22, s. 27; 1995, c. 40, s. 76",
|
| 490 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 491 |
"current_to": "2019-06-21",
|
| 492 |
"citation": "Plant Protection Act, s. 27",
|
| 493 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-27.html"
|
|
@@ -505,6 +563,8 @@
|
|
| 505 |
"text": "28\n(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\n(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\n(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,\nthe 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.\n(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\n(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\n(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.\n(3) [Execution of search warrant] A warrant shall be executed by day unless the justice authorizes its execution by night.\n(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.",
|
| 506 |
"history": "1990, c. 22, s. 28; 1995, c. 40, s. 77",
|
| 507 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 508 |
"current_to": "2019-06-21",
|
| 509 |
"citation": "Plant Protection Act, s. 28",
|
| 510 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-28.html"
|
|
@@ -522,6 +582,8 @@
|
|
| 522 |
"text": "29 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.",
|
| 523 |
"history": "",
|
| 524 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 525 |
"current_to": "2019-06-21",
|
| 526 |
"citation": "Plant Protection Act, s. 29",
|
| 527 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-29.html"
|
|
@@ -539,6 +601,8 @@
|
|
| 539 |
"text": "30\n(1) An inspector who seizes and detains a thing under this Act, or any person designated by the inspector, may\n(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\n(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.\n(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.\n(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.",
|
| 540 |
"history": "1990, c. 22, s. 30; 2015, c. 3, s. 145(F)",
|
| 541 |
"last_amended": "2015-02-26",
|
|
|
|
|
|
|
| 542 |
"current_to": "2019-06-21",
|
| 543 |
"citation": "Plant Protection Act, s. 30",
|
| 544 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-30.html"
|
|
@@ -556,6 +620,8 @@
|
|
| 556 |
"text": "31 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.",
|
| 557 |
"history": "",
|
| 558 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 559 |
"current_to": "2019-06-21",
|
| 560 |
"citation": "Plant Protection Act, s. 31",
|
| 561 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-31.html"
|
|
@@ -573,6 +639,8 @@
|
|
| 573 |
"text": "32\n(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.\n(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.\n(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.",
|
| 574 |
"history": "1990, c. 22, s. 32; 1995, c. 40, s. 78; 2015, c. 2, s. 104",
|
| 575 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 576 |
"current_to": "2019-06-21",
|
| 577 |
"citation": "Plant Protection Act, s. 32",
|
| 578 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-32.html"
|
|
@@ -590,6 +658,8 @@
|
|
| 590 |
"text": "33\n(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.\n(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.",
|
| 591 |
"history": "1990, c. 22, s. 33; 1995, c. 40, s. 79",
|
| 592 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 593 |
"current_to": "2019-06-21",
|
| 594 |
"citation": "Plant Protection Act, s. 33",
|
| 595 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-33.html"
|
|
@@ -607,6 +677,8 @@
|
|
| 607 |
"text": "34\n(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.\n(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.\n(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,\n(a) the thing may be detained until the penalty or fine is paid;\n(b) the thing may be sold under execution in satisfaction of the penalty or fine; or\n(c) any proceeds realized from its disposition under paragraph (b) or subsection 30(3) may be applied in payment of the penalty or fine.",
|
| 608 |
"history": "1990, c. 22, s. 34; 1995, c. 40, s. 80; 2015, c. 2, s. 105",
|
| 609 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 610 |
"current_to": "2019-06-21",
|
| 611 |
"citation": "Plant Protection Act, s. 34",
|
| 612 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-34.html"
|
|
@@ -624,6 +696,8 @@
|
|
| 624 |
"text": "35\n(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.\n(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.",
|
| 625 |
"history": "",
|
| 626 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 627 |
"current_to": "2019-06-21",
|
| 628 |
"citation": "Plant Protection Act, s. 35",
|
| 629 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-35.html"
|
|
@@ -641,6 +715,8 @@
|
|
| 641 |
"text": "36\n(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.\n(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.\n(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.",
|
| 642 |
"history": "1990, c. 22, s. 36; 2015, c. 3, s. 146(F)",
|
| 643 |
"last_amended": "2015-02-26",
|
|
|
|
|
|
|
| 644 |
"current_to": "2019-06-21",
|
| 645 |
"citation": "Plant Protection Act, s. 36",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-36.html"
|
|
@@ -658,6 +734,8 @@
|
|
| 658 |
"text": "36.1\n(1) No person shall alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.\n(2) [Altering, possessing, etc., official documents] No person shall\n(a) alter a document issued or made — or in any manner given — under this Act;\n(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\n(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.",
|
| 659 |
"history": "2015, c. 2, s. 106",
|
| 660 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 661 |
"current_to": "2019-06-21",
|
| 662 |
"citation": "Plant Protection Act, s. 36.1",
|
| 663 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-36.1.html"
|
|
@@ -675,6 +753,8 @@
|
|
| 675 |
"text": "36.2 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.",
|
| 676 |
"history": "2015, c. 2, s. 106",
|
| 677 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 678 |
"current_to": "2019-06-21",
|
| 679 |
"citation": "Plant Protection Act, s. 36.2",
|
| 680 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-36.2.html"
|
|
@@ -692,6 +772,8 @@
|
|
| 692 |
"text": "36.3\n(1) No person shall alter, destroy or falsify a mark, label, tag or seal required under this Act.\n(2) [Possessing or using mark, label, tag or seal] No person shall\n(a) have in their possession or use a mark, label, tag or seal required under this Act that has been altered or falsified; or\n(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.",
|
| 693 |
"history": "2015, c. 2, s. 106",
|
| 694 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 695 |
"current_to": "2019-06-21",
|
| 696 |
"citation": "Plant Protection Act, s. 36.3",
|
| 697 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-36.3.html"
|
|
@@ -709,6 +791,8 @@
|
|
| 709 |
"text": "36.4 No person shall have in their possession or use\n(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\n(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.",
|
| 710 |
"history": "2015, c. 2, s. 106",
|
| 711 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 712 |
"current_to": "2019-06-21",
|
| 713 |
"citation": "Plant Protection Act, s. 36.4",
|
| 714 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-36.4.html"
|
|
@@ -726,6 +810,8 @@
|
|
| 726 |
"text": "37\n(1) A sample taken under this Act or the regulations may be disposed of in such manner as the Minister considers appropriate.\n(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.",
|
| 727 |
"history": "",
|
| 728 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 729 |
"current_to": "2019-06-21",
|
| 730 |
"citation": "Plant Protection Act, s. 37",
|
| 731 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-37.html"
|
|
@@ -743,6 +829,8 @@
|
|
| 743 |
"text": "38 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\n(a) for any costs, loss or damage resulting from the compliance; or\n(b) to pay any fee, including any rent or charge, for what is done or permitted to be done.",
|
| 744 |
"history": "1990, c. 22, s. 38; 2015, c. 2, s. 107",
|
| 745 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 746 |
"current_to": "2019-06-21",
|
| 747 |
"citation": "Plant Protection Act, s. 38",
|
| 748 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-38.html"
|
|
@@ -760,6 +848,8 @@
|
|
| 760 |
"text": "38.1 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.",
|
| 761 |
"history": "2015, c. 2, s. 107",
|
| 762 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 763 |
"current_to": "2019-06-21",
|
| 764 |
"citation": "Plant Protection Act, s. 38.1",
|
| 765 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-38.1.html"
|
|
@@ -777,6 +867,8 @@
|
|
| 777 |
"text": "39\n(1) The Minister may, in accordance with the regulations, order compensation to be paid from the Consolidated Revenue Fund in respect of\n(a) any treatment of a place or any treatment, storage or disposition of a thing required under this Act or the regulations;\n(b) any prohibition or restriction on the use of a place or on the movement of persons or things within, into or out of a place imposed under this Act or the regulations; or\n(c) any prohibition or restriction on the use of a thing or on the sale or other disposition of a thing imposed under this Act or the regulations.\n(2) [Limitation] No compensation is payable under subsection (1) in respect of\n(a) a thing that is imported into Canada or exported from Canada in contravention of this Act or the regulations or a thing that is found to be a pest, to be infested with a pest or to constitute a biological obstacle to the control of a pest when it is inspected on importation or exportation; or\n(b) the prohibition or restriction of the sale or movement of a thing where the sale or movement is prohibited or restricted as a result of an amendment, suspension or revocation of, or a refusal to issue or renew, a permit, certificate or other document that is required under this Act or the regulations.\n(3) [Limitation] No compensation is payable to a person who commits a violation, or an offence under this Act, and claims compensation in respect of any place or thing by means of or in relation to which the violation or offence was committed.",
|
| 778 |
"history": "1990, c. 22, s. 39; 1995, c. 40, s. 81; 1997, c. 6, s. 83",
|
| 779 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 780 |
"current_to": "2019-06-21",
|
| 781 |
"citation": "Plant Protection Act, s. 39",
|
| 782 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-39.html"
|
|
@@ -794,6 +886,8 @@
|
|
| 794 |
"text": "40\n(1) A person who claims compensation and is dissatisfied with the Minister’s disposition of the claim may bring an appeal to the Assessor, but the only grounds of appeal are that the failure to award compensation was unreasonable or that the amount awarded was unreasonable.\n(2) [Time limit for bringing appeal] An appeal shall be brought within three months after the claimant receives notification of the Minister’s disposition of the claim, or within such longer period as the Assessor may in any case for special reasons allow.",
|
| 795 |
"history": "",
|
| 796 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 797 |
"current_to": "2019-06-21",
|
| 798 |
"citation": "Plant Protection Act, s. 40",
|
| 799 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-40.html"
|
|
@@ -811,6 +905,8 @@
|
|
| 811 |
"text": "41\n(1) On hearing an appeal, the Assessor may confirm or vary the Minister’s disposition of the claim or refer the matter back to the Minister for such further action as the Assessor may direct.\n(2) [Costs] Costs may be awarded to or against the Minister in an appeal.\n(3) [Decisions final] The decision of the Assessor on an appeal is final and conclusive and not subject to appeal to or review by any court.",
|
| 812 |
"history": "",
|
| 813 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 814 |
"current_to": "2019-06-21",
|
| 815 |
"citation": "Plant Protection Act, s. 41",
|
| 816 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-41.html"
|
|
@@ -828,6 +924,8 @@
|
|
| 828 |
"text": "42\n(1) The Assessor may sit and hear appeals at any place or places and shall arrange for sittings and hearings as may be required.\n(2) [Travel allowances] The Assessor is entitled to be paid such travel allowances as are payable for the attendances of a judge of the Federal Court under the Judges Act.",
|
| 829 |
"history": "",
|
| 830 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 831 |
"current_to": "2019-06-21",
|
| 832 |
"citation": "Plant Protection Act, s. 42",
|
| 833 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-42.html"
|
|
@@ -845,6 +943,8 @@
|
|
| 845 |
"text": "43\n(1) Subject to the approval of the Governor in Council, the Assessor may make rules respecting the conduct of appeals and the procedure for the bringing of appeals.\n(2) [Transitional] Subject to any rules made under subsection (1), all rules respecting the conduct of appeals and the procedure for bringing appeals to the Assessor made under section 18 of the Pesticide Residue Compensation Act that are in force at the time this section comes into force shall, to the extent that they are not inconsistent with sections 40 to 42, apply in respect of appeals brought under section 40.\n(3) [Registrar] The functions of the registrar of appeals and any other person necessary to carry out the purposes of sections 40 to 42 shall be carried out by the persons who carry out similar functions under Part II of the Pesticide Residue Compensation Act.",
|
| 846 |
"history": "1990, c. 22, s. 43; 2001, c. 4, s. 173(F)",
|
| 847 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 848 |
"current_to": "2019-06-21",
|
| 849 |
"citation": "Plant Protection Act, s. 43",
|
| 850 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-43.html"
|
|
@@ -862,6 +962,8 @@
|
|
| 862 |
"text": "44\n(1) Her Majesty may recover from any person referred to in subsection (2) any prescribed fees or charges and any costs incurred by Her Majesty in relation to anything required or authorized under this Act or the regulations, including, without limiting the generality of the foregoing,\n(a) the inspection, treatment, testing or analysis of a place or thing, or the quarantine, storage, removal, disposal or return of a thing, required or authorized under this Act or the regulations; and\n(b) the seizure, confiscation, forfeiture, detention or disposal of a thing under this Act or the regulations.\n(2) [Persons liable] The fees, charges and costs are recoverable jointly and severally from the owner or occupier of the place or owner of the thing and from the person having the possession, care or control of it immediately before its inspection, treatment, testing, analysis, quarantine, storage, removal, return or disposal or, in the case of a thing seized, confiscated, forfeited, detained or disposed of under this Act or the regulations, immediately before its seizure, confiscation, forfeiture, detention or disposal.",
|
| 863 |
"history": "",
|
| 864 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 865 |
"current_to": "2019-06-21",
|
| 866 |
"citation": "Plant Protection Act, s. 44",
|
| 867 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-44.html"
|
|
@@ -879,6 +981,8 @@
|
|
| 879 |
"text": "45 Her Majesty may recover from any person who requests a service or the issue, renewal or amendment of a permit, certificate or other document under this Act or the regulations any prescribed fee or charge and any costs incurred by Her Majesty in relation to rendering the service or issuing, renewing or amending the document.",
|
| 880 |
"history": "",
|
| 881 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 882 |
"current_to": "2019-06-21",
|
| 883 |
"citation": "Plant Protection Act, s. 45",
|
| 884 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-45.html"
|
|
@@ -896,6 +1000,8 @@
|
|
| 896 |
"text": "46 Any fees, charges or costs that are recoverable by Her Majesty under this Act or the regulations may be recovered as a debt due to Her Majesty.",
|
| 897 |
"history": "1990, c. 22, s. 46; 1993, c. 34, s. 102",
|
| 898 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 899 |
"current_to": "2019-06-21",
|
| 900 |
"citation": "Plant Protection Act, s. 46",
|
| 901 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-46.html"
|
|
@@ -913,6 +1019,8 @@
|
|
| 913 |
"text": "47\n(1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and prescribing anything that is to be prescribed under this Act, including regulations\n(a) prohibiting or regulating the carrying out of any activity in respect of pests and of other things that are or could be infested with pests or that constitute or could constitute biological obstacles to the control of pests, including their importation and admission into Canada, their exportation from Canada and their movement within Canada;\n(a.1) for the purposes of paragraph 7(b),\n(i) respecting the circumstances in which a thing must be presented to an inspector, and\n(ii) imposing conditions on an inspector’s authority to require that a thing be presented;\n(b) governing the issue, renewal, amendment, suspension and revocation of permits, certificates or other documents on such terms and conditions as may be required for the purposes of this Act;\n(b.1) respecting authorizations provided for in section 47.2, including the conditions to which they may be subject and their amendment, suspension or revocation;\n(c) prohibiting or regulating the importation of food or garbage into Canada;\n(d) regulating any activity referred to in section 6;\n(e) designating places of entry where things may be presented for inspection and admittance into Canada;\n(f) governing investigations and surveys to detect pests and to identify areas of infestation;\n(g) respecting the declaration of things infested with pests and things free of infestation;\n(h) respecting the declaration under sections 11, 12 and 15 of places that are infested;\n(i) prohibiting or regulating the use of places that are, or are suspected of being, infested with pests and of things that are, or are suspected of being, pests or infested with pests or that constitute or could constitute biological obstacles to the control of pests;\n(j) governing the quarantine of things;\n(k) for the establishment of inspection and treatment centres and quarantine stations;\n(l) governing the disposition of things that are, or are suspected of being, pests or infested with pests or that constitute or could constitute biological obstacles to the control of pests;\n(m) respecting the detention or disposition of things seized, forfeited or confiscated under this Act;\n(n) governing the treatment or manner of treatment to be administered to places or things and requiring persons to administer or to arrange the administration of the treatment;\n(o) governing the removal from places where treatment is administered of persons or things that present obstacles to the treatment or that may be adversely affected by it;\n(p) requiring things to be marked or identified or to have affixed to them labels, tags, seals or other devices and prohibiting the removal, breaking, tampering with or altering of those marks, labels, tags, seals or other devices;\n(q) prescribing the terms and conditions on which compensation may be ordered under section 39 and the maximum levels of compensation;\n(r) requiring documents to be furnished by inspectors;\n(r.1) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting\n(i) the information in those documents,\n(ii) the manner in which they are to be prepared, kept or maintained,\n(iii) the place where they are to be kept or maintained, and\n(iv) the manner in which they are to be provided or access to them is to be provided;\n(r.2) requiring persons to take or keep samples of any thing and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;\n(s) prescribing any fees or charges, or the manner of calculating any fees or charges, required for carrying out the purposes and provisions of this Act or the regulations; and\n(t) exempting, with or without conditions, any thing, or a person or activity in respect of a thing, from the application of this Act or the regulations or a provision of this Act or the regulations.\n(2) [Paragraph (1)(a) — importation] Regulations made under paragraph (1)(a) may, among other things, establish preclearance or in-transit requirements for any imported thing or anything imported with it.\n(3) [Paragraph (1)(a) — prohibiting or restricting activities] Regulations made under paragraph (1)(a) may, among other things, authorize the Minister or an inspector to prohibit or restrict the carrying out of any activity in respect of a thing if the Minister or inspector has reasonable grounds to believe that the thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, and prescribe conditions for the exercise of the authority.\n(4) [Paragraph (1)(i)] Regulations made under paragraph (1)(i) may, among other things, authorize the Minister or an inspector to prohibit or restrict the use of a place or a thing if the Minister or inspector has reasonable grounds to believe that the place is infested with a pest or that the thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, and prescribe conditions for the exercise of the authority.\n(5) [Paragraph (1)(r.1)] Regulations made under paragraph (1)(r.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that a 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 presents a risk of harm to human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector.",
|
| 914 |
"history": "1990, c. 22, s. 47; 1993, c. 34, s. 103; 2015, c. 2, s. 108",
|
| 915 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 916 |
"current_to": "2019-06-21",
|
| 917 |
"citation": "Plant Protection Act, s. 47",
|
| 918 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-47.html"
|
|
@@ -930,6 +1038,8 @@
|
|
| 930 |
"text": "47.1\n(1) A regulation made under subsection 47(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.\n(2) [Accessibility] The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 47(1), including any amendments to the document, is accessible.\n(3) [Defence] A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 47(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.\n(4) [No registration or publication] For greater certainty, a document that is incorporated by reference in a regulation made under subsection 47(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.",
|
| 931 |
"history": "2015, c. 2, s. 109",
|
| 932 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 933 |
"current_to": "2019-06-21",
|
| 934 |
"citation": "Plant Protection Act, s. 47.1",
|
| 935 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-47.1.html"
|
|
@@ -947,6 +1057,8 @@
|
|
| 947 |
"text": "47.2\n(1) The President of the Canadian Food Inspection Agency may, subject to the regulations, authorize any person to perform any activity that he or she specifies, subject to any conditions that he or she considers appropriate, if the activity is related to ensuring that a thing is not a pest, is not or could not be infested with a pest or does not or could not constitute a biological obstacle to the control of a pest.\n(2) [Not transferable] The authorization is not transferable.\n(3) [Amendment, suspension and revocation] The President may, subject to the regulations, amend, suspend or revoke the authorization.",
|
| 948 |
"history": "2015, c. 2, s. 109",
|
| 949 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 950 |
"current_to": "2019-06-21",
|
| 951 |
"citation": "Plant Protection Act, s. 47.2",
|
| 952 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-47.2.html"
|
|
@@ -964,6 +1076,8 @@
|
|
| 964 |
"text": "47.3 The Statutory Instruments Act does not apply in respect of a notice referred to in section 49.",
|
| 965 |
"history": "2015, c. 2, s. 109",
|
| 966 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 967 |
"current_to": "2019-06-21",
|
| 968 |
"citation": "Plant Protection Act, s. 47.3",
|
| 969 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-47.3.html"
|
|
@@ -981,6 +1095,8 @@
|
|
| 981 |
"text": "48\n(1) Every person who contravenes any provision of this Act, other than section 9, or the regulations or who refuses or neglects to perform any duty imposed by or under the Act or the regulations is guilty of\n(a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or\n(b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.\n(2) [Possession of illegal imports] Every person who contravenes section 9 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars.\n(3) [No imprisonment] Notwithstanding the Criminal Code, no person shall be committed to prison for default of payment of a fine imposed under subsection (2).",
|
| 982 |
"history": "1990, c. 22, s. 48; 1995, c. 40, s. 82; 2015, c. 2, s. 110(F)",
|
| 983 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 984 |
"current_to": "2019-06-21",
|
| 985 |
"citation": "Plant Protection Act, s. 48",
|
| 986 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-48.html"
|
|
@@ -998,6 +1114,8 @@
|
|
| 998 |
"text": "49 Every person who fails to comply with a notice communicated to the person under section 6, 8, 24, 30 or 36 or the regulations is guilty of\n(a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or\n(b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.",
|
| 999 |
"history": "1990, c. 22, s. 49; 1995, c. 40, s. 83",
|
| 1000 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 1001 |
"current_to": "2019-06-21",
|
| 1002 |
"citation": "Plant Protection Act, s. 49",
|
| 1003 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-49.html"
|
|
@@ -1015,6 +1133,8 @@
|
|
| 1015 |
"text": "50\n(1) Every person who contravenes a prohibition or restriction imposed under subsection 13(1) or 15(3) is guilty of\n(a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or\n(b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.\n(2) [Defence] No person shall be found guilty of an offence consisting of a contravention of a prohibition or restriction imposed by the Minister or an inspector unless it is proved that, at the time of the alleged contravention,\n(a) the person had been notified of the prohibition or restriction; or\n(b) reasonable steps had been taken to bring the substance of the prohibition or restriction to the notice of persons likely to be affected by it.",
|
| 1016 |
"history": "1990, c. 22, s. 50; 1995, c. 40, s. 84",
|
| 1017 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 1018 |
"current_to": "2019-06-21",
|
| 1019 |
"citation": "Plant Protection Act, s. 50",
|
| 1020 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-50.html"
|
|
@@ -1032,6 +1152,8 @@
|
|
| 1032 |
"text": "51 Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the day on which the subject matter of the proceedings arises.",
|
| 1033 |
"history": "1990, c. 22, s. 51; 2015, c. 2, s. 111",
|
| 1034 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 1035 |
"current_to": "2019-06-21",
|
| 1036 |
"citation": "Plant Protection Act, s. 51",
|
| 1037 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-51.html"
|
|
@@ -1049,6 +1171,8 @@
|
|
| 1049 |
"text": "52 The Governor in Council may make regulations designating the contravention of any provision of this Act or the regulations as an offence with respect to which, notwithstanding the provisions of the Criminal Code,\n(a) an inspector may lay an information and issue and serve a summons by completing a ticket in the prescribed form, affixing the inspector’s signature thereto and delivering the ticket to the person alleged to have committed the offence specified therein at the time the offence is alleged to have been committed, or\n(b) the summons may be served on an accused by mailing the summons to the accused at the accused’s latest known address,\nand any regulations made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulations relate and shall prescribe the amount of the fine to be paid in respect of each offence.",
|
| 1050 |
"history": "",
|
| 1051 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 1052 |
"current_to": "2019-06-21",
|
| 1053 |
"citation": "Plant Protection Act, s. 52",
|
| 1054 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-52.html"
|
|
@@ -1066,6 +1190,8 @@
|
|
| 1066 |
"text": "53 Where a person is convicted of an offence under this Act and a fine that is imposed as punishment is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the superior court of the province in which the trial was held, and the judgment is enforceable against the convicted person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.",
|
| 1067 |
"history": "",
|
| 1068 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 1069 |
"current_to": "2019-06-21",
|
| 1070 |
"citation": "Plant Protection Act, s. 53",
|
| 1071 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-53.html"
|
|
@@ -1083,6 +1209,8 @@
|
|
| 1083 |
"text": "54 If a person other than an individual commits an offence under this Act, any of the person’s directors, officers or agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.",
|
| 1084 |
"history": "1990, c. 22, s. 54; 2015, c. 2, s. 112",
|
| 1085 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 1086 |
"current_to": "2019-06-21",
|
| 1087 |
"citation": "Plant Protection Act, s. 54",
|
| 1088 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-54.html"
|
|
@@ -1100,6 +1228,8 @@
|
|
| 1100 |
"text": "55 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.",
|
| 1101 |
"history": "1990, c. 22, s. 55; 2015, c. 2, s. 112",
|
| 1102 |
"last_amended": "2015-02-27",
|
|
|
|
|
|
|
| 1103 |
"current_to": "2019-06-21",
|
| 1104 |
"citation": "Plant Protection Act, s. 55",
|
| 1105 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-55.html"
|
|
@@ -1117,6 +1247,8 @@
|
|
| 1117 |
"text": "56 A prosecution for an offence under this Act may be instituted, heard and determined in the place where\n(a) the offence was committed or the subject-matter of the prosecution arose;\n(b) the accused was apprehended; or\n(c) the accused happens to be, or is carrying on business.",
|
| 1118 |
"history": "",
|
| 1119 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 1120 |
"current_to": "2019-06-21",
|
| 1121 |
"citation": "Plant Protection Act, s. 56",
|
| 1122 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-56.html"
|
|
@@ -1134,6 +1266,8 @@
|
|
| 1134 |
"text": "57\n(1) In any proceedings for a violation, or for an offence under this Act, a declaration, certificate, report or other document of the Minister or an inspector, purporting to have been signed by the Minister or the inspector, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.\n(2) [Copies of documents] In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any record or other document that is made by the Minister or an inspector under this Act or the regulations and that appears to have been certified under the signature of the Minister or the inspector as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.\n(3) [Presumed date of issue] Any document referred to in subsection (1) or (2) shall, in the absence of evidence to the contrary, be deemed to have been issued on the date that it bears.\n(4) [Notice] No declaration, certificate, report, copy, extract or other document referred to in this section shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the declaration, certificate, report, copy, extract or other document.",
|
| 1135 |
"history": "1990, c. 22, s. 57; 1995, c. 40, s. 85",
|
| 1136 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 1137 |
"current_to": "2019-06-21",
|
| 1138 |
"citation": "Plant Protection Act, s. 57",
|
| 1139 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-57.html"
|
|
@@ -1151,6 +1285,8 @@
|
|
| 1151 |
"text": "58 Any orders made under section 8 of the Plant Quarantine Act and in force immediately before the repeal of that Act by section 59 of this Act shall continue in force as if they were orders made under subsection 15(3) of this Act.",
|
| 1152 |
"history": "",
|
| 1153 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 1154 |
"current_to": "2019-06-21",
|
| 1155 |
"citation": "Plant Protection Act, s. 58",
|
| 1156 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-58.html"
|
|
@@ -1168,6 +1304,8 @@
|
|
| 1168 |
"text": "59 [Repeal]",
|
| 1169 |
"history": "",
|
| 1170 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 1171 |
"current_to": "2019-06-21",
|
| 1172 |
"citation": "Plant Protection Act, s. 59",
|
| 1173 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-59.html"
|
|
@@ -1185,6 +1323,8 @@
|
|
| 1185 |
"text": "*60 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.\n* [Note: Act in force October 1, 1990, see SI/90-110.]",
|
| 1186 |
"history": "",
|
| 1187 |
"last_amended": "2002-12-31",
|
|
|
|
|
|
|
| 1188 |
"current_to": "2019-06-21",
|
| 1189 |
"citation": "Plant Protection Act, s. *60",
|
| 1190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-*60.html"
|
|
|
|
| 12 |
"text": "1 This Act may be cited as the Plant Protection Act.",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2002-12-31",
|
| 15 |
+
"in_force": "2002-12-31",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2019-06-21",
|
| 18 |
"citation": "Plant Protection Act, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-1.html"
|
|
|
|
| 31 |
"text": "2 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.",
|
| 32 |
"history": "",
|
| 33 |
"last_amended": "2002-12-31",
|
| 34 |
+
"in_force": "2002-12-31",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2019-06-21",
|
| 37 |
"citation": "Plant Protection Act, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-2.html"
|
|
|
|
| 50 |
"text": "3 In this Act,\nAssessor means the Assessor or any Deputy Assessor appointed under Part II of the Pesticide Residue Compensation Act; (évaluateur)\nconveyance means any aircraft, carriage, motor vehicle, trailer, railway car, vessel, cargo container or other contrivance used to move persons or things; (véhicule)\ndispose includes destroy; (Version anglaise seulement)\ndocument 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)\ninspector means a person designated as an inspector pursuant to section 21; (inspecteur)\njustice means a justice as defined in section 2 of the Criminal Code; (juge de paix)\nMinister means the Minister of Agriculture and Agri-Food; (ministre)\npeace officer means a peace officer as defined in section 2 of the Criminal Code; (agent de la paix)\npenalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; (sanction)\npest means any thing that is injurious or potentially injurious, whether directly or indirectly, to plants or to products or by-products of plants; (parasite)\nplace includes a conveyance; (lieu)\nplant includes a part of a plant; (végétal)\nprescribed means prescribed by regulation; (Version anglaise seulement)\nthing includes a plant and a pest; (choses)\nTribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act; (Commission)\nviolation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act:\n(a) any contravention of any provision of this Act or of a regulation made under this Act,\n(b) any contravention of any order made by the Minister under this Act, and\n(c) any refusal or neglect to perform any duty imposed by or under this Act. (violation)",
|
| 51 |
"history": "1990, c. 22, s. 3; 1994, c. 38, s. 25; 1995, c. 40, s. 75; 1997, c. 6, s. 81; 2001, c. 4, s. 173(F); 2012, c. 24, s. 95; 2015, c. 2, s. 99",
|
| 52 |
"last_amended": "2019-01-15",
|
| 53 |
+
"in_force": "2015-02-27",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2019-06-21",
|
| 56 |
"citation": "Plant Protection Act, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-3.html"
|
|
|
|
| 69 |
"text": "4 This Act is binding on Her Majesty in right of Canada or a province.",
|
| 70 |
"history": "",
|
| 71 |
"last_amended": "2002-12-31",
|
| 72 |
+
"in_force": "2002-12-31",
|
| 73 |
+
"status": "in force",
|
| 74 |
"current_to": "2019-06-21",
|
| 75 |
"citation": "Plant Protection Act, s. 4",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-4.html"
|
|
|
|
| 88 |
"text": "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.",
|
| 89 |
"history": "",
|
| 90 |
"last_amended": "2002-12-31",
|
| 91 |
+
"in_force": "2002-12-31",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2019-06-21",
|
| 94 |
"citation": "Plant Protection Act, s. 5",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-5.html"
|
|
|
|
| 107 |
"text": "6\n(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.\n(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.\n(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.",
|
| 108 |
"history": "1990, c. 22, s. 6; 2015, c. 3, s. 142(F)",
|
| 109 |
"last_amended": "2015-02-26",
|
| 110 |
+
"in_force": "2015-02-26",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2019-06-21",
|
| 113 |
"citation": "Plant Protection Act, s. 6",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-6.html"
|
|
|
|
| 126 |
"text": "6.1 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.",
|
| 127 |
"history": "2015, c. 2, s. 100",
|
| 128 |
"last_amended": "2015-02-27",
|
| 129 |
+
"in_force": "2015-02-27",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2019-06-21",
|
| 132 |
"citation": "Plant Protection Act, s. 6.1",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-6.1.html"
|
|
|
|
| 145 |
"text": "7 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\n(a) the person has produced to an inspector all permits, certificates and other documentation required by the regulations;\n(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\n(c) the thing is imported or exported in accordance with any other requirements of the regulations.",
|
| 146 |
"history": "1990, c. 22, s. 7; 2015, c. 2, s. 101",
|
| 147 |
"last_amended": "2015-02-27",
|
| 148 |
+
"in_force": "2015-02-27",
|
| 149 |
+
"status": "in force",
|
| 150 |
"current_to": "2019-06-21",
|
| 151 |
"citation": "Plant Protection Act, s. 7",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-7.html"
|
|
|
|
| 164 |
"text": "8\n(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.\n(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.\n(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.\n(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\n(a) harm to human, animal or plant health or the environment is unlikely to result;\n(b) the thing will not be sold within that period;\n(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\n(d) if the thing does not meet the requirements of the regulations, it will be brought into compliance with the regulations within that period.\n(5) [Cancellation] An inspector may cancel the notice if he or she is satisfied that\n(a) harm to human, animal or plant health or the environment is unlikely to result;\n(b) the thing has not been sold within the period referred to in subsection (6);\n(c) the measures referred to in paragraph (4)(c) were taken within that period; and\n(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.\n(6) [Period] The period for the purposes of subsection (5) is\n(a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and\n(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.",
|
| 165 |
"history": "1990, c. 22, s. 8; 2015, c. 2, s. 101",
|
| 166 |
"last_amended": "2015-02-27",
|
| 167 |
+
"in_force": "2015-02-27",
|
| 168 |
+
"status": "in force",
|
| 169 |
"current_to": "2019-06-21",
|
| 170 |
"citation": "Plant Protection Act, s. 8",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-8.html"
|
|
|
|
| 183 |
"text": "9\n(1) No person shall possess or dispose of a thing that the person knows was imported in contravention of this Act or the regulations.\n(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.",
|
| 184 |
"history": "",
|
| 185 |
"last_amended": "2002-12-31",
|
| 186 |
+
"in_force": "2002-12-31",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2019-06-21",
|
| 189 |
"citation": "Plant Protection Act, s. 9",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-9.html"
|
|
|
|
| 202 |
"text": "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.",
|
| 203 |
"history": "",
|
| 204 |
"last_amended": "2002-12-31",
|
| 205 |
+
"in_force": "2002-12-31",
|
| 206 |
+
"status": "in force",
|
| 207 |
"current_to": "2019-06-21",
|
| 208 |
"citation": "Plant Protection Act, s. 10",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-10.html"
|
|
|
|
| 221 |
"text": "11\n(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.\n(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.",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2002-12-31",
|
| 224 |
+
"in_force": "2002-12-31",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2019-06-21",
|
| 227 |
"citation": "Plant Protection Act, s. 11",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-11.html"
|
|
|
|
| 240 |
"text": "12\n(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.\n(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.",
|
| 241 |
"history": "",
|
| 242 |
"last_amended": "2002-12-31",
|
| 243 |
+
"in_force": "2002-12-31",
|
| 244 |
+
"status": "in force",
|
| 245 |
"current_to": "2019-06-21",
|
| 246 |
"citation": "Plant Protection Act, s. 12",
|
| 247 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-12.html"
|
|
|
|
| 259 |
"text": "13\n(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.\n(2) [Cessation of prohibition or restriction] A prohibition or restriction contained in a declaration under section 11 or 12 ceases to have effect where\n(a) the inspector rescinds the prohibition or restriction; or\n(b) the declaration is revoked by the Minister under subsection 15(2).",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2002-12-31",
|
| 262 |
+
"in_force": "2002-12-31",
|
| 263 |
+
"status": "in force",
|
| 264 |
"current_to": "2019-06-21",
|
| 265 |
"citation": "Plant Protection Act, s. 13",
|
| 266 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-13.html"
|
|
|
|
| 278 |
"text": "14 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.",
|
| 279 |
"history": "",
|
| 280 |
"last_amended": "2002-12-31",
|
| 281 |
+
"in_force": "2002-12-31",
|
| 282 |
+
"status": "in force",
|
| 283 |
"current_to": "2019-06-21",
|
| 284 |
"citation": "Plant Protection Act, s. 14",
|
| 285 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-14.html"
|
|
|
|
| 297 |
"text": "15\n(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.\n(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.\n(3) [Powers of Minister] The Minister may, by order,\n(a) declare any place to be infested that is not already the subject of a declaration under section 11 or 12;\n(b) determine and subsequently vary the area of any place that is declared infested;\n(c) extend the period of any prohibition or restriction declared by an inspector under subsection 13(1);\n(d) prohibit or restrict the movement of persons and things within, into or out of any place that is declared infested; and\n(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.",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2002-12-31",
|
| 300 |
+
"in_force": "2002-12-31",
|
| 301 |
+
"status": "in force",
|
| 302 |
"current_to": "2019-06-21",
|
| 303 |
"citation": "Plant Protection Act, s. 15",
|
| 304 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-15.html"
|
|
|
|
| 316 |
"text": "16 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.",
|
| 317 |
"history": "",
|
| 318 |
"last_amended": "2002-12-31",
|
| 319 |
+
"in_force": "2002-12-31",
|
| 320 |
+
"status": "in force",
|
| 321 |
"current_to": "2019-06-21",
|
| 322 |
"citation": "Plant Protection Act, s. 16",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-16.html"
|
|
|
|
| 335 |
"text": "17 A prohibition or restriction imposed by the Minister or an inspector supersedes any order of a local authority that is inconsistent with it.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2002-12-31",
|
| 338 |
+
"in_force": "2002-12-31",
|
| 339 |
+
"status": "in force",
|
| 340 |
"current_to": "2019-06-21",
|
| 341 |
"citation": "Plant Protection Act, s. 17",
|
| 342 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-17.html"
|
|
|
|
| 354 |
"text": "18 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.",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2002-12-31",
|
| 357 |
+
"in_force": "2002-12-31",
|
| 358 |
+
"status": "in force",
|
| 359 |
"current_to": "2019-06-21",
|
| 360 |
"citation": "Plant Protection Act, s. 18",
|
| 361 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-18.html"
|
|
|
|
| 373 |
"text": "19 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.",
|
| 374 |
"history": "",
|
| 375 |
"last_amended": "2002-12-31",
|
| 376 |
+
"in_force": "2002-12-31",
|
| 377 |
+
"status": "in force",
|
| 378 |
"current_to": "2019-06-21",
|
| 379 |
"citation": "Plant Protection Act, s. 19",
|
| 380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-19.html"
|
|
|
|
| 392 |
"text": "20\n(1) For the purposes of this section, international transportation undertaking means\n(a) an undertaking that transports persons or things internationally;\n(b) an international road, railway, bridge or tunnel;\n(c) an airport that receives any aircraft operating on an international flight;\n(d) a port that receives any ship sailing on an international voyage; and\n(e) a warehouse or other facility that receives any international air, water, rail or road traffic.\n(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.\n(3) [Powers of Minister] The Minister may\n(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);\n(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\n(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.\n(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.\n(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.\n(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.\n(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).\n(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).",
|
| 393 |
"history": "1990, c. 22, s. 20; 2015, c. 3, s. 143(F)",
|
| 394 |
"last_amended": "2015-02-26",
|
| 395 |
+
"in_force": "2015-02-26",
|
| 396 |
+
"status": "in force",
|
| 397 |
"current_to": "2019-06-21",
|
| 398 |
"citation": "Plant Protection Act, s. 20",
|
| 399 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-20.html"
|
|
|
|
| 411 |
"text": "21\n(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.\n(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.\n(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.",
|
| 412 |
"history": "1990, c. 22, s. 21; 1997, c. 6, s. 82; 2005, c. 38, s. 123",
|
| 413 |
"last_amended": "2005-12-12",
|
| 414 |
+
"in_force": "2005-12-12",
|
| 415 |
+
"status": "in force",
|
| 416 |
"current_to": "2019-06-21",
|
| 417 |
"citation": "Plant Protection Act, s. 21",
|
| 418 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-21.html"
|
|
|
|
| 430 |
"text": "22\n(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).\n(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\n(a) permit or require the conveyance or other thing to be moved or prohibit its movement; or\n(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.",
|
| 431 |
"history": "",
|
| 432 |
"last_amended": "2002-12-31",
|
| 433 |
+
"in_force": "2002-12-31",
|
| 434 |
+
"status": "in force",
|
| 435 |
"current_to": "2019-06-21",
|
| 436 |
"citation": "Plant Protection Act, s. 22",
|
| 437 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-22.html"
|
|
|
|
| 449 |
"text": "23\n(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.\n(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\n(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\n(b) furnish the inspector with such information relevant to the administration of this Act or the regulations as the inspector may reasonably require.\n(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.",
|
| 450 |
"history": "",
|
| 451 |
"last_amended": "2002-12-31",
|
| 452 |
+
"in_force": "2002-12-31",
|
| 453 |
+
"status": "in force",
|
| 454 |
"current_to": "2019-06-21",
|
| 455 |
"citation": "Plant Protection Act, s. 23",
|
| 456 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-23.html"
|
|
|
|
| 468 |
"text": "23.1\n(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.\n(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.",
|
| 469 |
"history": "2015, c. 2, s. 102",
|
| 470 |
"last_amended": "2015-02-27",
|
| 471 |
+
"in_force": "2015-02-27",
|
| 472 |
+
"status": "in force",
|
| 473 |
"current_to": "2019-06-21",
|
| 474 |
"citation": "Plant Protection Act, s. 23.1",
|
| 475 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-23.1.html"
|
|
|
|
| 487 |
"text": "24\n(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.\n(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.",
|
| 488 |
"history": "1990, c. 22, s. 24; 2015, c. 3, s. 144(F)",
|
| 489 |
"last_amended": "2015-02-26",
|
| 490 |
+
"in_force": "2015-02-26",
|
| 491 |
+
"status": "in force",
|
| 492 |
"current_to": "2019-06-21",
|
| 493 |
"citation": "Plant Protection Act, s. 24",
|
| 494 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-24.html"
|
|
|
|
| 506 |
"text": "25\n(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\n(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;\n(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;\n(c) examine any thing in respect of which this Act or the regulations apply and take samples of it;\n(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\n(e) conduct any tests or analyses or take any measurements.\n(2) [Operation of data processing and copying equipment] In carrying out an inspection at any place under this section, an inspector may\n(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;\n(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\n(c) use or cause to be used any copying equipment at the place to make copies of any record or other document.",
|
| 507 |
"history": "1990, c. 22, s. 25; 2015, c. 2, s. 103",
|
| 508 |
"last_amended": "2015-02-27",
|
| 509 |
+
"in_force": "2015-02-27",
|
| 510 |
+
"status": "in force",
|
| 511 |
"current_to": "2019-06-21",
|
| 512 |
"citation": "Plant Protection Act, s. 25",
|
| 513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-25.html"
|
|
|
|
| 525 |
"text": "26\n(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.\n(2) [Authority to issue warrant] Where on ex parte application a justice is satisfied by information on oath that\n(a) the conditions for entry described in section 25 exist in relation to a dwelling-place,\n(b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations, and\n(c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,\nthe 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.\n(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.",
|
| 526 |
"history": "",
|
| 527 |
"last_amended": "2002-12-31",
|
| 528 |
+
"in_force": "2002-12-31",
|
| 529 |
+
"status": "in force",
|
| 530 |
"current_to": "2019-06-21",
|
| 531 |
"citation": "Plant Protection Act, s. 26",
|
| 532 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-26.html"
|
|
|
|
| 544 |
"text": "27 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\n(a) by means of or in relation to which the inspector believes on reasonable grounds the violation or offence was committed; or\n(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.",
|
| 545 |
"history": "1990, c. 22, s. 27; 1995, c. 40, s. 76",
|
| 546 |
"last_amended": "2002-12-31",
|
| 547 |
+
"in_force": "2002-12-31",
|
| 548 |
+
"status": "in force",
|
| 549 |
"current_to": "2019-06-21",
|
| 550 |
"citation": "Plant Protection Act, s. 27",
|
| 551 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-27.html"
|
|
|
|
| 563 |
"text": "28\n(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\n(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\n(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,\nthe 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.\n(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\n(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\n(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.\n(3) [Execution of search warrant] A warrant shall be executed by day unless the justice authorizes its execution by night.\n(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.",
|
| 564 |
"history": "1990, c. 22, s. 28; 1995, c. 40, s. 77",
|
| 565 |
"last_amended": "2002-12-31",
|
| 566 |
+
"in_force": "2002-12-31",
|
| 567 |
+
"status": "in force",
|
| 568 |
"current_to": "2019-06-21",
|
| 569 |
"citation": "Plant Protection Act, s. 28",
|
| 570 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-28.html"
|
|
|
|
| 582 |
"text": "29 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.",
|
| 583 |
"history": "",
|
| 584 |
"last_amended": "2002-12-31",
|
| 585 |
+
"in_force": "2002-12-31",
|
| 586 |
+
"status": "in force",
|
| 587 |
"current_to": "2019-06-21",
|
| 588 |
"citation": "Plant Protection Act, s. 29",
|
| 589 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-29.html"
|
|
|
|
| 601 |
"text": "30\n(1) An inspector who seizes and detains a thing under this Act, or any person designated by the inspector, may\n(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\n(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.\n(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.\n(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.",
|
| 602 |
"history": "1990, c. 22, s. 30; 2015, c. 3, s. 145(F)",
|
| 603 |
"last_amended": "2015-02-26",
|
| 604 |
+
"in_force": "2015-02-26",
|
| 605 |
+
"status": "in force",
|
| 606 |
"current_to": "2019-06-21",
|
| 607 |
"citation": "Plant Protection Act, s. 30",
|
| 608 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-30.html"
|
|
|
|
| 620 |
"text": "31 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.",
|
| 621 |
"history": "",
|
| 622 |
"last_amended": "2002-12-31",
|
| 623 |
+
"in_force": "2002-12-31",
|
| 624 |
+
"status": "in force",
|
| 625 |
"current_to": "2019-06-21",
|
| 626 |
"citation": "Plant Protection Act, s. 31",
|
| 627 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-31.html"
|
|
|
|
| 639 |
"text": "32\n(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.\n(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.\n(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.",
|
| 640 |
"history": "1990, c. 22, s. 32; 1995, c. 40, s. 78; 2015, c. 2, s. 104",
|
| 641 |
"last_amended": "2015-02-27",
|
| 642 |
+
"in_force": "2015-02-27",
|
| 643 |
+
"status": "in force",
|
| 644 |
"current_to": "2019-06-21",
|
| 645 |
"citation": "Plant Protection Act, s. 32",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-32.html"
|
|
|
|
| 658 |
"text": "33\n(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.\n(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.",
|
| 659 |
"history": "1990, c. 22, s. 33; 1995, c. 40, s. 79",
|
| 660 |
"last_amended": "2002-12-31",
|
| 661 |
+
"in_force": "2002-12-31",
|
| 662 |
+
"status": "in force",
|
| 663 |
"current_to": "2019-06-21",
|
| 664 |
"citation": "Plant Protection Act, s. 33",
|
| 665 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-33.html"
|
|
|
|
| 677 |
"text": "34\n(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.\n(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.\n(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,\n(a) the thing may be detained until the penalty or fine is paid;\n(b) the thing may be sold under execution in satisfaction of the penalty or fine; or\n(c) any proceeds realized from its disposition under paragraph (b) or subsection 30(3) may be applied in payment of the penalty or fine.",
|
| 678 |
"history": "1990, c. 22, s. 34; 1995, c. 40, s. 80; 2015, c. 2, s. 105",
|
| 679 |
"last_amended": "2015-02-27",
|
| 680 |
+
"in_force": "2015-02-27",
|
| 681 |
+
"status": "in force",
|
| 682 |
"current_to": "2019-06-21",
|
| 683 |
"citation": "Plant Protection Act, s. 34",
|
| 684 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-34.html"
|
|
|
|
| 696 |
"text": "35\n(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.\n(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.",
|
| 697 |
"history": "",
|
| 698 |
"last_amended": "2002-12-31",
|
| 699 |
+
"in_force": "2002-12-31",
|
| 700 |
+
"status": "in force",
|
| 701 |
"current_to": "2019-06-21",
|
| 702 |
"citation": "Plant Protection Act, s. 35",
|
| 703 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-35.html"
|
|
|
|
| 715 |
"text": "36\n(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.\n(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.\n(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.",
|
| 716 |
"history": "1990, c. 22, s. 36; 2015, c. 3, s. 146(F)",
|
| 717 |
"last_amended": "2015-02-26",
|
| 718 |
+
"in_force": "2015-02-26",
|
| 719 |
+
"status": "in force",
|
| 720 |
"current_to": "2019-06-21",
|
| 721 |
"citation": "Plant Protection Act, s. 36",
|
| 722 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-36.html"
|
|
|
|
| 734 |
"text": "36.1\n(1) No person shall alter, destroy or falsify a document that they are required under this Act to keep, maintain or provide.\n(2) [Altering, possessing, etc., official documents] No person shall\n(a) alter a document issued or made — or in any manner given — under this Act;\n(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\n(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.",
|
| 735 |
"history": "2015, c. 2, s. 106",
|
| 736 |
"last_amended": "2015-02-27",
|
| 737 |
+
"in_force": "2015-02-27",
|
| 738 |
+
"status": "in force",
|
| 739 |
"current_to": "2019-06-21",
|
| 740 |
"citation": "Plant Protection Act, s. 36.1",
|
| 741 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-36.1.html"
|
|
|
|
| 753 |
"text": "36.2 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.",
|
| 754 |
"history": "2015, c. 2, s. 106",
|
| 755 |
"last_amended": "2015-02-27",
|
| 756 |
+
"in_force": "2015-02-27",
|
| 757 |
+
"status": "in force",
|
| 758 |
"current_to": "2019-06-21",
|
| 759 |
"citation": "Plant Protection Act, s. 36.2",
|
| 760 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-36.2.html"
|
|
|
|
| 772 |
"text": "36.3\n(1) No person shall alter, destroy or falsify a mark, label, tag or seal required under this Act.\n(2) [Possessing or using mark, label, tag or seal] No person shall\n(a) have in their possession or use a mark, label, tag or seal required under this Act that has been altered or falsified; or\n(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.",
|
| 773 |
"history": "2015, c. 2, s. 106",
|
| 774 |
"last_amended": "2015-02-27",
|
| 775 |
+
"in_force": "2015-02-27",
|
| 776 |
+
"status": "in force",
|
| 777 |
"current_to": "2019-06-21",
|
| 778 |
"citation": "Plant Protection Act, s. 36.3",
|
| 779 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-36.3.html"
|
|
|
|
| 791 |
"text": "36.4 No person shall have in their possession or use\n(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\n(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.",
|
| 792 |
"history": "2015, c. 2, s. 106",
|
| 793 |
"last_amended": "2015-02-27",
|
| 794 |
+
"in_force": "2015-02-27",
|
| 795 |
+
"status": "in force",
|
| 796 |
"current_to": "2019-06-21",
|
| 797 |
"citation": "Plant Protection Act, s. 36.4",
|
| 798 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-36.4.html"
|
|
|
|
| 810 |
"text": "37\n(1) A sample taken under this Act or the regulations may be disposed of in such manner as the Minister considers appropriate.\n(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.",
|
| 811 |
"history": "",
|
| 812 |
"last_amended": "2002-12-31",
|
| 813 |
+
"in_force": "2002-12-31",
|
| 814 |
+
"status": "in force",
|
| 815 |
"current_to": "2019-06-21",
|
| 816 |
"citation": "Plant Protection Act, s. 37",
|
| 817 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-37.html"
|
|
|
|
| 829 |
"text": "38 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\n(a) for any costs, loss or damage resulting from the compliance; or\n(b) to pay any fee, including any rent or charge, for what is done or permitted to be done.",
|
| 830 |
"history": "1990, c. 22, s. 38; 2015, c. 2, s. 107",
|
| 831 |
"last_amended": "2015-02-27",
|
| 832 |
+
"in_force": "2015-02-27",
|
| 833 |
+
"status": "in force",
|
| 834 |
"current_to": "2019-06-21",
|
| 835 |
"citation": "Plant Protection Act, s. 38",
|
| 836 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-38.html"
|
|
|
|
| 848 |
"text": "38.1 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.",
|
| 849 |
"history": "2015, c. 2, s. 107",
|
| 850 |
"last_amended": "2015-02-27",
|
| 851 |
+
"in_force": "2015-02-27",
|
| 852 |
+
"status": "in force",
|
| 853 |
"current_to": "2019-06-21",
|
| 854 |
"citation": "Plant Protection Act, s. 38.1",
|
| 855 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-38.1.html"
|
|
|
|
| 867 |
"text": "39\n(1) The Minister may, in accordance with the regulations, order compensation to be paid from the Consolidated Revenue Fund in respect of\n(a) any treatment of a place or any treatment, storage or disposition of a thing required under this Act or the regulations;\n(b) any prohibition or restriction on the use of a place or on the movement of persons or things within, into or out of a place imposed under this Act or the regulations; or\n(c) any prohibition or restriction on the use of a thing or on the sale or other disposition of a thing imposed under this Act or the regulations.\n(2) [Limitation] No compensation is payable under subsection (1) in respect of\n(a) a thing that is imported into Canada or exported from Canada in contravention of this Act or the regulations or a thing that is found to be a pest, to be infested with a pest or to constitute a biological obstacle to the control of a pest when it is inspected on importation or exportation; or\n(b) the prohibition or restriction of the sale or movement of a thing where the sale or movement is prohibited or restricted as a result of an amendment, suspension or revocation of, or a refusal to issue or renew, a permit, certificate or other document that is required under this Act or the regulations.\n(3) [Limitation] No compensation is payable to a person who commits a violation, or an offence under this Act, and claims compensation in respect of any place or thing by means of or in relation to which the violation or offence was committed.",
|
| 868 |
"history": "1990, c. 22, s. 39; 1995, c. 40, s. 81; 1997, c. 6, s. 83",
|
| 869 |
"last_amended": "2002-12-31",
|
| 870 |
+
"in_force": "2002-12-31",
|
| 871 |
+
"status": "in force",
|
| 872 |
"current_to": "2019-06-21",
|
| 873 |
"citation": "Plant Protection Act, s. 39",
|
| 874 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-39.html"
|
|
|
|
| 886 |
"text": "40\n(1) A person who claims compensation and is dissatisfied with the Minister’s disposition of the claim may bring an appeal to the Assessor, but the only grounds of appeal are that the failure to award compensation was unreasonable or that the amount awarded was unreasonable.\n(2) [Time limit for bringing appeal] An appeal shall be brought within three months after the claimant receives notification of the Minister’s disposition of the claim, or within such longer period as the Assessor may in any case for special reasons allow.",
|
| 887 |
"history": "",
|
| 888 |
"last_amended": "2002-12-31",
|
| 889 |
+
"in_force": "2002-12-31",
|
| 890 |
+
"status": "in force",
|
| 891 |
"current_to": "2019-06-21",
|
| 892 |
"citation": "Plant Protection Act, s. 40",
|
| 893 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-40.html"
|
|
|
|
| 905 |
"text": "41\n(1) On hearing an appeal, the Assessor may confirm or vary the Minister’s disposition of the claim or refer the matter back to the Minister for such further action as the Assessor may direct.\n(2) [Costs] Costs may be awarded to or against the Minister in an appeal.\n(3) [Decisions final] The decision of the Assessor on an appeal is final and conclusive and not subject to appeal to or review by any court.",
|
| 906 |
"history": "",
|
| 907 |
"last_amended": "2002-12-31",
|
| 908 |
+
"in_force": "2002-12-31",
|
| 909 |
+
"status": "in force",
|
| 910 |
"current_to": "2019-06-21",
|
| 911 |
"citation": "Plant Protection Act, s. 41",
|
| 912 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-41.html"
|
|
|
|
| 924 |
"text": "42\n(1) The Assessor may sit and hear appeals at any place or places and shall arrange for sittings and hearings as may be required.\n(2) [Travel allowances] The Assessor is entitled to be paid such travel allowances as are payable for the attendances of a judge of the Federal Court under the Judges Act.",
|
| 925 |
"history": "",
|
| 926 |
"last_amended": "2002-12-31",
|
| 927 |
+
"in_force": "2002-12-31",
|
| 928 |
+
"status": "in force",
|
| 929 |
"current_to": "2019-06-21",
|
| 930 |
"citation": "Plant Protection Act, s. 42",
|
| 931 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-42.html"
|
|
|
|
| 943 |
"text": "43\n(1) Subject to the approval of the Governor in Council, the Assessor may make rules respecting the conduct of appeals and the procedure for the bringing of appeals.\n(2) [Transitional] Subject to any rules made under subsection (1), all rules respecting the conduct of appeals and the procedure for bringing appeals to the Assessor made under section 18 of the Pesticide Residue Compensation Act that are in force at the time this section comes into force shall, to the extent that they are not inconsistent with sections 40 to 42, apply in respect of appeals brought under section 40.\n(3) [Registrar] The functions of the registrar of appeals and any other person necessary to carry out the purposes of sections 40 to 42 shall be carried out by the persons who carry out similar functions under Part II of the Pesticide Residue Compensation Act.",
|
| 944 |
"history": "1990, c. 22, s. 43; 2001, c. 4, s. 173(F)",
|
| 945 |
"last_amended": "2002-12-31",
|
| 946 |
+
"in_force": "2002-12-31",
|
| 947 |
+
"status": "in force",
|
| 948 |
"current_to": "2019-06-21",
|
| 949 |
"citation": "Plant Protection Act, s. 43",
|
| 950 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-43.html"
|
|
|
|
| 962 |
"text": "44\n(1) Her Majesty may recover from any person referred to in subsection (2) any prescribed fees or charges and any costs incurred by Her Majesty in relation to anything required or authorized under this Act or the regulations, including, without limiting the generality of the foregoing,\n(a) the inspection, treatment, testing or analysis of a place or thing, or the quarantine, storage, removal, disposal or return of a thing, required or authorized under this Act or the regulations; and\n(b) the seizure, confiscation, forfeiture, detention or disposal of a thing under this Act or the regulations.\n(2) [Persons liable] The fees, charges and costs are recoverable jointly and severally from the owner or occupier of the place or owner of the thing and from the person having the possession, care or control of it immediately before its inspection, treatment, testing, analysis, quarantine, storage, removal, return or disposal or, in the case of a thing seized, confiscated, forfeited, detained or disposed of under this Act or the regulations, immediately before its seizure, confiscation, forfeiture, detention or disposal.",
|
| 963 |
"history": "",
|
| 964 |
"last_amended": "2002-12-31",
|
| 965 |
+
"in_force": "2002-12-31",
|
| 966 |
+
"status": "in force",
|
| 967 |
"current_to": "2019-06-21",
|
| 968 |
"citation": "Plant Protection Act, s. 44",
|
| 969 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-44.html"
|
|
|
|
| 981 |
"text": "45 Her Majesty may recover from any person who requests a service or the issue, renewal or amendment of a permit, certificate or other document under this Act or the regulations any prescribed fee or charge and any costs incurred by Her Majesty in relation to rendering the service or issuing, renewing or amending the document.",
|
| 982 |
"history": "",
|
| 983 |
"last_amended": "2002-12-31",
|
| 984 |
+
"in_force": "2002-12-31",
|
| 985 |
+
"status": "in force",
|
| 986 |
"current_to": "2019-06-21",
|
| 987 |
"citation": "Plant Protection Act, s. 45",
|
| 988 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-45.html"
|
|
|
|
| 1000 |
"text": "46 Any fees, charges or costs that are recoverable by Her Majesty under this Act or the regulations may be recovered as a debt due to Her Majesty.",
|
| 1001 |
"history": "1990, c. 22, s. 46; 1993, c. 34, s. 102",
|
| 1002 |
"last_amended": "2002-12-31",
|
| 1003 |
+
"in_force": "2002-12-31",
|
| 1004 |
+
"status": "in force",
|
| 1005 |
"current_to": "2019-06-21",
|
| 1006 |
"citation": "Plant Protection Act, s. 46",
|
| 1007 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-46.html"
|
|
|
|
| 1019 |
"text": "47\n(1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and prescribing anything that is to be prescribed under this Act, including regulations\n(a) prohibiting or regulating the carrying out of any activity in respect of pests and of other things that are or could be infested with pests or that constitute or could constitute biological obstacles to the control of pests, including their importation and admission into Canada, their exportation from Canada and their movement within Canada;\n(a.1) for the purposes of paragraph 7(b),\n(i) respecting the circumstances in which a thing must be presented to an inspector, and\n(ii) imposing conditions on an inspector’s authority to require that a thing be presented;\n(b) governing the issue, renewal, amendment, suspension and revocation of permits, certificates or other documents on such terms and conditions as may be required for the purposes of this Act;\n(b.1) respecting authorizations provided for in section 47.2, including the conditions to which they may be subject and their amendment, suspension or revocation;\n(c) prohibiting or regulating the importation of food or garbage into Canada;\n(d) regulating any activity referred to in section 6;\n(e) designating places of entry where things may be presented for inspection and admittance into Canada;\n(f) governing investigations and surveys to detect pests and to identify areas of infestation;\n(g) respecting the declaration of things infested with pests and things free of infestation;\n(h) respecting the declaration under sections 11, 12 and 15 of places that are infested;\n(i) prohibiting or regulating the use of places that are, or are suspected of being, infested with pests and of things that are, or are suspected of being, pests or infested with pests or that constitute or could constitute biological obstacles to the control of pests;\n(j) governing the quarantine of things;\n(k) for the establishment of inspection and treatment centres and quarantine stations;\n(l) governing the disposition of things that are, or are suspected of being, pests or infested with pests or that constitute or could constitute biological obstacles to the control of pests;\n(m) respecting the detention or disposition of things seized, forfeited or confiscated under this Act;\n(n) governing the treatment or manner of treatment to be administered to places or things and requiring persons to administer or to arrange the administration of the treatment;\n(o) governing the removal from places where treatment is administered of persons or things that present obstacles to the treatment or that may be adversely affected by it;\n(p) requiring things to be marked or identified or to have affixed to them labels, tags, seals or other devices and prohibiting the removal, breaking, tampering with or altering of those marks, labels, tags, seals or other devices;\n(q) prescribing the terms and conditions on which compensation may be ordered under section 39 and the maximum levels of compensation;\n(r) requiring documents to be furnished by inspectors;\n(r.1) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting\n(i) the information in those documents,\n(ii) the manner in which they are to be prepared, kept or maintained,\n(iii) the place where they are to be kept or maintained, and\n(iv) the manner in which they are to be provided or access to them is to be provided;\n(r.2) requiring persons to take or keep samples of any thing and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;\n(s) prescribing any fees or charges, or the manner of calculating any fees or charges, required for carrying out the purposes and provisions of this Act or the regulations; and\n(t) exempting, with or without conditions, any thing, or a person or activity in respect of a thing, from the application of this Act or the regulations or a provision of this Act or the regulations.\n(2) [Paragraph (1)(a) — importation] Regulations made under paragraph (1)(a) may, among other things, establish preclearance or in-transit requirements for any imported thing or anything imported with it.\n(3) [Paragraph (1)(a) — prohibiting or restricting activities] Regulations made under paragraph (1)(a) may, among other things, authorize the Minister or an inspector to prohibit or restrict the carrying out of any activity in respect of a thing if the Minister or inspector has reasonable grounds to believe that the thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, and prescribe conditions for the exercise of the authority.\n(4) [Paragraph (1)(i)] Regulations made under paragraph (1)(i) may, among other things, authorize the Minister or an inspector to prohibit or restrict the use of a place or a thing if the Minister or inspector has reasonable grounds to believe that the place is infested with a pest or that the thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, and prescribe conditions for the exercise of the authority.\n(5) [Paragraph (1)(r.1)] Regulations made under paragraph (1)(r.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that a 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 presents a risk of harm to human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector.",
|
| 1020 |
"history": "1990, c. 22, s. 47; 1993, c. 34, s. 103; 2015, c. 2, s. 108",
|
| 1021 |
"last_amended": "2015-02-27",
|
| 1022 |
+
"in_force": "2015-02-27",
|
| 1023 |
+
"status": "in force",
|
| 1024 |
"current_to": "2019-06-21",
|
| 1025 |
"citation": "Plant Protection Act, s. 47",
|
| 1026 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-47.html"
|
|
|
|
| 1038 |
"text": "47.1\n(1) A regulation made under subsection 47(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.\n(2) [Accessibility] The Minister must ensure that any document that is incorporated by reference in a regulation made under subsection 47(1), including any amendments to the document, is accessible.\n(3) [Defence] A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in a regulation made under subsection 47(1) is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.\n(4) [No registration or publication] For greater certainty, a document that is incorporated by reference in a regulation made under subsection 47(1) is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.",
|
| 1039 |
"history": "2015, c. 2, s. 109",
|
| 1040 |
"last_amended": "2015-02-27",
|
| 1041 |
+
"in_force": "2015-02-27",
|
| 1042 |
+
"status": "in force",
|
| 1043 |
"current_to": "2019-06-21",
|
| 1044 |
"citation": "Plant Protection Act, s. 47.1",
|
| 1045 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-47.1.html"
|
|
|
|
| 1057 |
"text": "47.2\n(1) The President of the Canadian Food Inspection Agency may, subject to the regulations, authorize any person to perform any activity that he or she specifies, subject to any conditions that he or she considers appropriate, if the activity is related to ensuring that a thing is not a pest, is not or could not be infested with a pest or does not or could not constitute a biological obstacle to the control of a pest.\n(2) [Not transferable] The authorization is not transferable.\n(3) [Amendment, suspension and revocation] The President may, subject to the regulations, amend, suspend or revoke the authorization.",
|
| 1058 |
"history": "2015, c. 2, s. 109",
|
| 1059 |
"last_amended": "2015-02-27",
|
| 1060 |
+
"in_force": "2015-02-27",
|
| 1061 |
+
"status": "in force",
|
| 1062 |
"current_to": "2019-06-21",
|
| 1063 |
"citation": "Plant Protection Act, s. 47.2",
|
| 1064 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-47.2.html"
|
|
|
|
| 1076 |
"text": "47.3 The Statutory Instruments Act does not apply in respect of a notice referred to in section 49.",
|
| 1077 |
"history": "2015, c. 2, s. 109",
|
| 1078 |
"last_amended": "2015-02-27",
|
| 1079 |
+
"in_force": "2015-02-27",
|
| 1080 |
+
"status": "in force",
|
| 1081 |
"current_to": "2019-06-21",
|
| 1082 |
"citation": "Plant Protection Act, s. 47.3",
|
| 1083 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-47.3.html"
|
|
|
|
| 1095 |
"text": "48\n(1) Every person who contravenes any provision of this Act, other than section 9, or the regulations or who refuses or neglects to perform any duty imposed by or under the Act or the regulations is guilty of\n(a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or\n(b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.\n(2) [Possession of illegal imports] Every person who contravenes section 9 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars.\n(3) [No imprisonment] Notwithstanding the Criminal Code, no person shall be committed to prison for default of payment of a fine imposed under subsection (2).",
|
| 1096 |
"history": "1990, c. 22, s. 48; 1995, c. 40, s. 82; 2015, c. 2, s. 110(F)",
|
| 1097 |
"last_amended": "2015-02-27",
|
| 1098 |
+
"in_force": "2015-02-27",
|
| 1099 |
+
"status": "in force",
|
| 1100 |
"current_to": "2019-06-21",
|
| 1101 |
"citation": "Plant Protection Act, s. 48",
|
| 1102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-48.html"
|
|
|
|
| 1114 |
"text": "49 Every person who fails to comply with a notice communicated to the person under section 6, 8, 24, 30 or 36 or the regulations is guilty of\n(a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or\n(b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.",
|
| 1115 |
"history": "1990, c. 22, s. 49; 1995, c. 40, s. 83",
|
| 1116 |
"last_amended": "2002-12-31",
|
| 1117 |
+
"in_force": "2002-12-31",
|
| 1118 |
+
"status": "in force",
|
| 1119 |
"current_to": "2019-06-21",
|
| 1120 |
"citation": "Plant Protection Act, s. 49",
|
| 1121 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-49.html"
|
|
|
|
| 1133 |
"text": "50\n(1) Every person who contravenes a prohibition or restriction imposed under subsection 13(1) or 15(3) is guilty of\n(a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months, or to both; or\n(b) an indictable offence and liable to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years, or to both.\n(2) [Defence] No person shall be found guilty of an offence consisting of a contravention of a prohibition or restriction imposed by the Minister or an inspector unless it is proved that, at the time of the alleged contravention,\n(a) the person had been notified of the prohibition or restriction; or\n(b) reasonable steps had been taken to bring the substance of the prohibition or restriction to the notice of persons likely to be affected by it.",
|
| 1134 |
"history": "1990, c. 22, s. 50; 1995, c. 40, s. 84",
|
| 1135 |
"last_amended": "2002-12-31",
|
| 1136 |
+
"in_force": "2002-12-31",
|
| 1137 |
+
"status": "in force",
|
| 1138 |
"current_to": "2019-06-21",
|
| 1139 |
"citation": "Plant Protection Act, s. 50",
|
| 1140 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-50.html"
|
|
|
|
| 1152 |
"text": "51 Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the day on which the subject matter of the proceedings arises.",
|
| 1153 |
"history": "1990, c. 22, s. 51; 2015, c. 2, s. 111",
|
| 1154 |
"last_amended": "2015-02-27",
|
| 1155 |
+
"in_force": "2015-02-27",
|
| 1156 |
+
"status": "in force",
|
| 1157 |
"current_to": "2019-06-21",
|
| 1158 |
"citation": "Plant Protection Act, s. 51",
|
| 1159 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-51.html"
|
|
|
|
| 1171 |
"text": "52 The Governor in Council may make regulations designating the contravention of any provision of this Act or the regulations as an offence with respect to which, notwithstanding the provisions of the Criminal Code,\n(a) an inspector may lay an information and issue and serve a summons by completing a ticket in the prescribed form, affixing the inspector’s signature thereto and delivering the ticket to the person alleged to have committed the offence specified therein at the time the offence is alleged to have been committed, or\n(b) the summons may be served on an accused by mailing the summons to the accused at the accused’s latest known address,\nand any regulations made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulations relate and shall prescribe the amount of the fine to be paid in respect of each offence.",
|
| 1172 |
"history": "",
|
| 1173 |
"last_amended": "2002-12-31",
|
| 1174 |
+
"in_force": "2002-12-31",
|
| 1175 |
+
"status": "in force",
|
| 1176 |
"current_to": "2019-06-21",
|
| 1177 |
"citation": "Plant Protection Act, s. 52",
|
| 1178 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-52.html"
|
|
|
|
| 1190 |
"text": "53 Where a person is convicted of an offence under this Act and a fine that is imposed as punishment is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the superior court of the province in which the trial was held, and the judgment is enforceable against the convicted person in the same manner as if it were a judgment obtained by Her Majesty in right of Canada against the person in that court in civil proceedings.",
|
| 1191 |
"history": "",
|
| 1192 |
"last_amended": "2002-12-31",
|
| 1193 |
+
"in_force": "2002-12-31",
|
| 1194 |
+
"status": "in force",
|
| 1195 |
"current_to": "2019-06-21",
|
| 1196 |
"citation": "Plant Protection Act, s. 53",
|
| 1197 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-53.html"
|
|
|
|
| 1209 |
"text": "54 If a person other than an individual commits an offence under this Act, any of the person’s directors, officers or agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.",
|
| 1210 |
"history": "1990, c. 22, s. 54; 2015, c. 2, s. 112",
|
| 1211 |
"last_amended": "2015-02-27",
|
| 1212 |
+
"in_force": "2015-02-27",
|
| 1213 |
+
"status": "in force",
|
| 1214 |
"current_to": "2019-06-21",
|
| 1215 |
"citation": "Plant Protection Act, s. 54",
|
| 1216 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-54.html"
|
|
|
|
| 1228 |
"text": "55 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, even if the employee or the agent or mandatary is not identified or prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.",
|
| 1229 |
"history": "1990, c. 22, s. 55; 2015, c. 2, s. 112",
|
| 1230 |
"last_amended": "2015-02-27",
|
| 1231 |
+
"in_force": "2015-02-27",
|
| 1232 |
+
"status": "in force",
|
| 1233 |
"current_to": "2019-06-21",
|
| 1234 |
"citation": "Plant Protection Act, s. 55",
|
| 1235 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-55.html"
|
|
|
|
| 1247 |
"text": "56 A prosecution for an offence under this Act may be instituted, heard and determined in the place where\n(a) the offence was committed or the subject-matter of the prosecution arose;\n(b) the accused was apprehended; or\n(c) the accused happens to be, or is carrying on business.",
|
| 1248 |
"history": "",
|
| 1249 |
"last_amended": "2002-12-31",
|
| 1250 |
+
"in_force": "2002-12-31",
|
| 1251 |
+
"status": "in force",
|
| 1252 |
"current_to": "2019-06-21",
|
| 1253 |
"citation": "Plant Protection Act, s. 56",
|
| 1254 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-56.html"
|
|
|
|
| 1266 |
"text": "57\n(1) In any proceedings for a violation, or for an offence under this Act, a declaration, certificate, report or other document of the Minister or an inspector, purporting to have been signed by the Minister or the inspector, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.\n(2) [Copies of documents] In any proceedings for a violation, or for an offence under this Act, a copy of or an extract from any record or other document that is made by the Minister or an inspector under this Act or the regulations and that appears to have been certified under the signature of the Minister or the inspector as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.\n(3) [Presumed date of issue] Any document referred to in subsection (1) or (2) shall, in the absence of evidence to the contrary, be deemed to have been issued on the date that it bears.\n(4) [Notice] No declaration, certificate, report, copy, extract or other document referred to in this section shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the declaration, certificate, report, copy, extract or other document.",
|
| 1267 |
"history": "1990, c. 22, s. 57; 1995, c. 40, s. 85",
|
| 1268 |
"last_amended": "2002-12-31",
|
| 1269 |
+
"in_force": "2002-12-31",
|
| 1270 |
+
"status": "in force",
|
| 1271 |
"current_to": "2019-06-21",
|
| 1272 |
"citation": "Plant Protection Act, s. 57",
|
| 1273 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-57.html"
|
|
|
|
| 1285 |
"text": "58 Any orders made under section 8 of the Plant Quarantine Act and in force immediately before the repeal of that Act by section 59 of this Act shall continue in force as if they were orders made under subsection 15(3) of this Act.",
|
| 1286 |
"history": "",
|
| 1287 |
"last_amended": "2002-12-31",
|
| 1288 |
+
"in_force": "2002-12-31",
|
| 1289 |
+
"status": "in force",
|
| 1290 |
"current_to": "2019-06-21",
|
| 1291 |
"citation": "Plant Protection Act, s. 58",
|
| 1292 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-58.html"
|
|
|
|
| 1304 |
"text": "59 [Repeal]",
|
| 1305 |
"history": "",
|
| 1306 |
"last_amended": "2002-12-31",
|
| 1307 |
+
"in_force": "2002-12-31",
|
| 1308 |
+
"status": "in force",
|
| 1309 |
"current_to": "2019-06-21",
|
| 1310 |
"citation": "Plant Protection Act, s. 59",
|
| 1311 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-59.html"
|
|
|
|
| 1323 |
"text": "*60 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.\n* [Note: Act in force October 1, 1990, see SI/90-110.]",
|
| 1324 |
"history": "",
|
| 1325 |
"last_amended": "2002-12-31",
|
| 1326 |
+
"in_force": "2002-12-31",
|
| 1327 |
+
"status": "in force",
|
| 1328 |
"current_to": "2019-06-21",
|
| 1329 |
"citation": "Plant Protection Act, s. *60",
|
| 1330 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-14.8/section-*60.html"
|
|
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|
|
|
@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1 This Act may be cited as the Federal Public Sector Labour Relations and Employment Board Act.",
|
| 13 |
"history": "2013, c. 40, s. 365 “1”; 2017, c. 9, s. 36",
|
| 14 |
"last_amended": "2017-06-19",
|
|
|
|
|
|
|
| 15 |
"current_to": "2026-05-26",
|
| 16 |
"citation": "FPSLREB Act, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2 The following definitions apply in this Act.\nbargaining agent has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (agent négociateur)\nemployer has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (employeur)\nMinister means the Minister who is designated under section 3. (ministre)",
|
| 30 |
"history": "2013, c. 40, s. 365 “2”; 2017, c. 9, s. 55",
|
| 31 |
"last_amended": "2017-06-19",
|
|
|
|
|
|
|
| 32 |
"current_to": "2026-05-26",
|
| 33 |
"citation": "FPSLREB Act, s. 2",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-2.html"
|
|
@@ -46,6 +50,8 @@
|
|
| 46 |
"text": "3 The Governor in Council may, by order, designate any federal minister, other than a member of the Treasury Board, to be the Minister referred to in this Act.",
|
| 47 |
"history": "",
|
| 48 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 49 |
"current_to": "2026-05-26",
|
| 50 |
"citation": "FPSLREB Act, s. 3",
|
| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-3.html"
|
|
@@ -63,6 +69,8 @@
|
|
| 63 |
"text": "4\n(1) The Public Service Labour Relations and Employment Board is continued under the name of the Federal Public Sector Labour Relations and Employment Board.\n(2) [Board’s composition] The Board is composed of\n(a) a Chairperson, who is to hold office on a full-time basis;\n(b) not more than two Vice-chairpersons, who are to hold office on a full-time basis;\n(c) not more than 12 other members who are to hold office on a full-time basis; and\n(d) any part-time members that the Governor in Council considers necessary to carry out the Board’s powers, duties and functions.",
|
| 64 |
"history": "2013, c. 40, s. 365 “4”; 2017, c. 9, s. 38",
|
| 65 |
"last_amended": "2017-06-19",
|
|
|
|
|
|
|
| 66 |
"current_to": "2026-05-26",
|
| 67 |
"citation": "FPSLREB Act, s. 4",
|
| 68 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-4.html"
|
|
@@ -80,6 +88,8 @@
|
|
| 80 |
"text": "5\n(1) To be eligible to hold office as a member, a person must\n(a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;\n(b) not hold any other office or employment under the employer;\n(c) not be a member of or hold an office or employment under an employee organization, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, that is certified as a bargaining agent; and\n(d) not accept any office or employment, or carry on any activity, that is inconsistent with the person’s duties or functions.\n(2) [Exception] Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut with powers, duties and functions similar to those of the Board.",
|
| 81 |
"history": "2013, c. 40, s. 365 “5”; 2017, c. 9, s. 55",
|
| 82 |
"last_amended": "2017-06-19",
|
|
|
|
|
|
|
| 83 |
"current_to": "2026-05-26",
|
| 84 |
"citation": "FPSLREB Act, s. 5",
|
| 85 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-5.html"
|
|
@@ -97,6 +107,8 @@
|
|
| 97 |
"text": "6\n(1) Every member, other than the Chairperson or a Vice-chairperson, must be appointed from among eligible persons whose names are on a list prepared by the Chairperson after consultation with the employer and the bargaining agents.\n(1.1) [Knowledge of police organizations] In preparing the list, the Chairperson must take into account the need for the Board to have two members with knowledge of police organizations.\n(2) [Contents] The Chairperson must set out on the list\n(a) the names of all eligible persons who are recommended by the employer;\n(b) the names of all eligible persons who are recommended by the bargaining agents; and\n(c) the names of any other eligible persons whom the Chairperson considers suitable for appointment.\n(3) [Equal numbers] The appointment of members, other than the Chairperson and the Vice-chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents.\n(4) [Non-representative Board] Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in the exercise of their powers and the performance of their duties and functions.",
|
| 98 |
"history": "2013, c. 40, s. 365 “6”; 2017, c. 9, s. 39",
|
| 99 |
"last_amended": "2017-06-19",
|
|
|
|
|
|
|
| 100 |
"current_to": "2026-05-26",
|
| 101 |
"citation": "FPSLREB Act, s. 6",
|
| 102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-6.html"
|
|
@@ -114,6 +126,8 @@
|
|
| 114 |
"text": "7 A full-time member must reside in the National Capital Region as it is described in the schedule to the National Capital Act or within any distance of it that the Governor in Council may determine.",
|
| 115 |
"history": "",
|
| 116 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 117 |
"current_to": "2026-05-26",
|
| 118 |
"citation": "FPSLREB Act, s. 7",
|
| 119 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-7.html"
|
|
@@ -131,6 +145,8 @@
|
|
| 131 |
"text": "8\n(1) Each member is to be appointed by the Governor in Council, on the Minister’s recommendation, to hold office during good behaviour and may be removed by the Governor in Council for cause.\n(2) [Term of office] A full-time member may be appointed for a term of office that is not more than five years and a part-time member may be appointed for a term of office that is not more than three years.\n(3) [Reappointment] A member is eligible for reappointment on the expiry of any term of office.\n(4) [Completion of duties and functions] A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any duties or functions that they would otherwise have had in connection with any matter that came before the Board while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member.",
|
| 132 |
"history": "",
|
| 133 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 134 |
"current_to": "2026-05-26",
|
| 135 |
"citation": "FPSLREB Act, s. 8",
|
| 136 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-8.html"
|
|
@@ -148,6 +164,8 @@
|
|
| 148 |
"text": "9 Before beginning their duties or functions, a person who is appointed as a member of the Board must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:\nI, , do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of member (or Chairperson or Vice-chairperson) of the Federal Public Sector Labour Relations and Employment Board.",
|
| 149 |
"history": "2013, c. 40, s. 365 “9”; 2017, c. 9, s. 57",
|
| 150 |
"last_amended": "2017-06-19",
|
|
|
|
|
|
|
| 151 |
"current_to": "2026-05-26",
|
| 152 |
"citation": "FPSLREB Act, s. 9",
|
| 153 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-9.html"
|
|
@@ -165,6 +183,8 @@
|
|
| 165 |
"text": "10 Every member and former member referred to in subsection 8(4)\n(a) is to be paid the remuneration that may be determined by the Governor in Council; and\n(b) is entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.",
|
| 166 |
"history": "",
|
| 167 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 168 |
"current_to": "2026-05-26",
|
| 169 |
"citation": "FPSLREB Act, s. 10",
|
| 170 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-10.html"
|
|
@@ -182,6 +202,8 @@
|
|
| 182 |
"text": "11 A full-time member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.",
|
| 183 |
"history": "",
|
| 184 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 185 |
"current_to": "2026-05-26",
|
| 186 |
"citation": "FPSLREB Act, s. 11",
|
| 187 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-11.html"
|
|
@@ -199,6 +221,8 @@
|
|
| 199 |
"text": "12 A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.",
|
| 200 |
"history": "",
|
| 201 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 202 |
"current_to": "2026-05-26",
|
| 203 |
"citation": "FPSLREB Act, s. 12",
|
| 204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-12.html"
|
|
@@ -216,6 +240,8 @@
|
|
| 216 |
"text": "13 The Board’s head office is to be in the National Capital Region as it is described in the schedule to the National Capital Act.",
|
| 217 |
"history": "2013, c. 40, s. 365 “13”; 2014, c. 20, s. 471",
|
| 218 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 219 |
"current_to": "2026-05-26",
|
| 220 |
"citation": "FPSLREB Act, s. 13",
|
| 221 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-13.html"
|
|
@@ -233,6 +259,8 @@
|
|
| 233 |
"text": "14 In exercising its powers and performing its duties and functions, the Board may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the Board’s operation.",
|
| 234 |
"history": "",
|
| 235 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 236 |
"current_to": "2026-05-26",
|
| 237 |
"citation": "FPSLREB Act, s. 14",
|
| 238 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-14.html"
|
|
@@ -250,6 +278,8 @@
|
|
| 250 |
"text": "15\n(1) Meetings of the Board are to be held at any date, time and place that the Chairperson considers appropriate for the conduct of the Board’s business.\n(2) [Off-site participation] A meeting of the Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting.",
|
| 251 |
"history": "",
|
| 252 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 253 |
"current_to": "2026-05-26",
|
| 254 |
"citation": "FPSLREB Act, s. 15",
|
| 255 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-15.html"
|
|
@@ -267,6 +297,8 @@
|
|
| 267 |
"text": "16 The Chairperson, one Vice-chairperson and a majority of the other full-time members constitute a quorum at a meeting of the Board.",
|
| 268 |
"history": "",
|
| 269 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 270 |
"current_to": "2026-05-26",
|
| 271 |
"citation": "FPSLREB Act, s. 16",
|
| 272 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-16.html"
|
|
@@ -284,6 +316,8 @@
|
|
| 284 |
"text": "17 A part-time member is not entitled to attend a meeting of the Board, but may attend at the Chairperson’s invitation.",
|
| 285 |
"history": "",
|
| 286 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 287 |
"current_to": "2026-05-26",
|
| 288 |
"citation": "FPSLREB Act, s. 17",
|
| 289 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-17.html"
|
|
@@ -301,6 +335,8 @@
|
|
| 301 |
"text": "18 A decision of a majority of the Board’s members who are present at a meeting of the Board is a decision of the Board.",
|
| 302 |
"history": "",
|
| 303 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 304 |
"current_to": "2026-05-26",
|
| 305 |
"citation": "FPSLREB Act, s. 18",
|
| 306 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-18.html"
|
|
@@ -318,6 +354,8 @@
|
|
| 318 |
"text": "19 The Board is to exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act or any other Act of Parliament.",
|
| 319 |
"history": "",
|
| 320 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 321 |
"current_to": "2026-05-26",
|
| 322 |
"citation": "FPSLREB Act, s. 19",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-19.html"
|
|
@@ -335,6 +373,8 @@
|
|
| 335 |
"text": "20 The Board has, in relation to any matter before it, the power to\n(a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record;\n(b) order pre-hearing procedures, including pre-hearing conferences that are held in private, and determine the date, time and place of the hearings for those procedures;\n(c) order that a pre-hearing conference or a hearing be conducted using any means of telecommunication that permits all persons who are participating to communicate adequately with each other;\n(d) administer oaths and solemn affirmations;\n(e) accept any evidence, whether admissible in a court of law or not; and\n(f) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 338 |
"current_to": "2026-05-26",
|
| 339 |
"citation": "FPSLREB Act, s. 20",
|
| 340 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-20.html"
|
|
@@ -352,6 +392,8 @@
|
|
| 352 |
"text": "21 The Board may dismiss summarily any matter that in its opinion is trivial, frivolous, vexatious or was made in bad faith.",
|
| 353 |
"history": "",
|
| 354 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 355 |
"current_to": "2026-05-26",
|
| 356 |
"citation": "FPSLREB Act, s. 21",
|
| 357 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-21.html"
|
|
@@ -369,6 +411,8 @@
|
|
| 369 |
"text": "22 The Board may decide any matter before it without holding an oral hearing.",
|
| 370 |
"history": "",
|
| 371 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 372 |
"current_to": "2026-05-26",
|
| 373 |
"citation": "FPSLREB Act, s. 22",
|
| 374 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-22.html"
|
|
@@ -386,6 +430,8 @@
|
|
| 386 |
"text": "23 The Board or a member of the Board or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.",
|
| 387 |
"history": "2013, c. 40, s. 365 “23”; 2014, c. 20, s. 471",
|
| 388 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 389 |
"current_to": "2026-05-26",
|
| 390 |
"citation": "FPSLREB Act, s. 23",
|
| 391 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-23.html"
|
|
@@ -403,6 +449,8 @@
|
|
| 403 |
"text": "24 The Board may\n(a) authorize the Chairperson to exercise any of its powers or perform any of its duties or functions, other than the power to make regulations; and\n(b) authorize any person to exercise any of its powers under paragraphs 20(d) to (f) and require the person to report to it on what the person has done.",
|
| 404 |
"history": "",
|
| 405 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 406 |
"current_to": "2026-05-26",
|
| 407 |
"citation": "FPSLREB Act, s. 24",
|
| 408 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-24.html"
|
|
@@ -420,6 +468,8 @@
|
|
| 420 |
"text": "25 The Chairperson has supervision over and direction of the Board’s work, including\n(a) the assignment and reassignment of matters that the Board is seized of to panels;\n(b) the composition of panels; and\n(c) the determination of the date, time and place of hearings.",
|
| 421 |
"history": "2013, c. 40, s. 365 “25”; 2014, c. 20, s. 471",
|
| 422 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 423 |
"current_to": "2026-05-26",
|
| 424 |
"citation": "FPSLREB Act, s. 25",
|
| 425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-25.html"
|
|
@@ -437,6 +487,8 @@
|
|
| 437 |
"text": "26 The Chairperson may authorize a Vice-chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s duties or functions, including powers, duties or functions delegated to the Chairperson by the Board.",
|
| 438 |
"history": "",
|
| 439 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 440 |
"current_to": "2026-05-26",
|
| 441 |
"citation": "FPSLREB Act, s. 26",
|
| 442 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-26.html"
|
|
@@ -454,6 +506,8 @@
|
|
| 454 |
"text": "27\n(1) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, a Vice-chairperson designated by the Minister is to act as Chairperson.\n(2) [Absence of Chairperson and Vice-chairpersons] If the Chairperson and the Vice-chairpersons are absent or unable to act, or all of those offices are vacant, the Minister may designate a member to act as Chairperson but no member so designated has authority to act as Chairperson for more than 90 days without the Governor in Council’s approval.",
|
| 455 |
"history": "",
|
| 456 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 457 |
"current_to": "2026-05-26",
|
| 458 |
"citation": "FPSLREB Act, s. 27",
|
| 459 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-27.html"
|
|
@@ -471,6 +525,8 @@
|
|
| 471 |
"text": "28 [Repealed before coming into force, 2014, c. 20, s. 471]",
|
| 472 |
"history": "",
|
| 473 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 474 |
"current_to": "2026-05-26",
|
| 475 |
"citation": "FPSLREB Act, s. 28",
|
| 476 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-28.html"
|
|
@@ -488,6 +544,8 @@
|
|
| 488 |
"text": "29 [Repealed before coming into force, 2014, c. 20, s. 471]",
|
| 489 |
"history": "",
|
| 490 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 491 |
"current_to": "2026-05-26",
|
| 492 |
"citation": "FPSLREB Act, s. 29",
|
| 493 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-29.html"
|
|
@@ -505,6 +563,8 @@
|
|
| 505 |
"text": "30 The Chief Administrator of the Administrative Tribunals Support Service of Canada may engage on a temporary basis the services of mediators and other experts to assist the Board in an advisory capacity and, subject to the Governor in Council’s approval, fix their remuneration.",
|
| 506 |
"history": "2013, c. 40, s. 365 “30”; 2014, c. 20, s. 471",
|
| 507 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 508 |
"current_to": "2026-05-26",
|
| 509 |
"citation": "FPSLREB Act, s. 30",
|
| 510 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-30.html"
|
|
@@ -522,6 +582,8 @@
|
|
| 522 |
"text": "31\n(1) A member of the Board or any person who is engaged under section 30 is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions.\n(2) [Chief Administrator and employees not compellable] The Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions in providing services to the Board.",
|
| 523 |
"history": "2013, c. 40, s. 365 “31”; 2014, c. 20, s. 471",
|
| 524 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 525 |
"current_to": "2026-05-26",
|
| 526 |
"citation": "FPSLREB Act, s. 31",
|
| 527 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-31.html"
|
|
@@ -539,6 +601,8 @@
|
|
| 539 |
"text": "32 Notes or draft orders or decisions of the Board or of any of its members are not to be disclosed without the consent of the person who made them.",
|
| 540 |
"history": "",
|
| 541 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 542 |
"current_to": "2026-05-26",
|
| 543 |
"citation": "FPSLREB Act, s. 32",
|
| 544 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-32.html"
|
|
@@ -556,6 +620,8 @@
|
|
| 556 |
"text": "33\n(1) No criminal or civil proceedings lie against a member of the Board, any person who is engaged under section 30 or any person who is acting on the Board’s behalf for anything done — or omitted to be done — or reported or said by that member or that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions.\n(2) [Immunity from proceedings — Chief Administrator and employees] No criminal or civil proceedings lie against the Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada for anything done — or omitted to be done — or reported or said by that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions in providing services to the Board.",
|
| 557 |
"history": "2013, c. 40, s. 365 “33”; 2014, c. 20, s. 471",
|
| 558 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 559 |
"current_to": "2026-05-26",
|
| 560 |
"citation": "FPSLREB Act, s. 33",
|
| 561 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-33.html"
|
|
@@ -573,6 +639,8 @@
|
|
| 573 |
"text": "34\n(1) Every order or decision of the Board is final and is not to be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.\n(2) [Standing of Board] The Board has standing to appear in proceedings under subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to its orders or decisions and its jurisdiction, policies and procedures.\n(3) [No review by certiorari, etc.] Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under any Act of Parliament may, on any ground, including the ground that the order, decision or proceeding is beyond the Board’s jurisdiction to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction,\n(a) be questioned, reviewed, prohibited or restrained; or\n(b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise.",
|
| 574 |
"history": "",
|
| 575 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 576 |
"current_to": "2026-05-26",
|
| 577 |
"citation": "FPSLREB Act, s. 34",
|
| 578 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-34.html"
|
|
@@ -590,6 +658,8 @@
|
|
| 590 |
"text": "35\n(1) The Board must, on the written request of any person or organization affected by any order of the Board, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the Board’s opinion,\n(a) there is no indication, or likelihood, of failure to comply with the order; or\n(b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.\n(2) [Effect of filing] An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.",
|
| 591 |
"history": "",
|
| 592 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 593 |
"current_to": "2026-05-26",
|
| 594 |
"citation": "FPSLREB Act, s. 35",
|
| 595 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-35.html"
|
|
@@ -607,6 +677,8 @@
|
|
| 607 |
"text": "36 The Board may make regulations respecting\n(a) the practice and procedure for hearings and pre-hearing proceedings of the Board;\n(b) the use of any means of telecommunication in the conduct of its activities;\n(c) the hearing or determination of any application, complaint, question or dispute that may be made to, referred to or otherwise come before the Board;\n(d) the establishment of an expeditious procedure and matters that may be determined under that procedure;\n(e) the forms to be used in respect of any proceeding that may come before the Board;\n(f) the manner in which and the period during which evidence and information may be presented to the Board in connection with any proceeding that may come before it;\n(g) the time within which and the persons to whom notices, other than those referred to in subsections 130(1) and (2) of the Public Service Labour Relations Act, and other documents must be sent or given, and when the notices are deemed to have been sent, given or received; and\n(h) any other matters or things that are incidental or conducive to the exercise of the Board’s powers and the performance of its duties and functions.",
|
| 608 |
"history": "",
|
| 609 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 610 |
"current_to": "2026-05-26",
|
| 611 |
"citation": "FPSLREB Act, s. 36",
|
| 612 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-36.html"
|
|
@@ -624,6 +696,8 @@
|
|
| 624 |
"text": "37\n(1) Subject to subsection (2), matters of which the Board is seized are to be heard by a panel consisting of one member.\n(2) [Three-member panels] If the Chairperson considers that the complexity of a matter requires it, he or she may assign the matter to a panel consisting of three members.\n(3) [Chairperson of three-member panel] If the Chairperson is a member of a three-person panel, he or she is to be its chairperson; otherwise, he or she must designate a member of it to be its chairperson.",
|
| 625 |
"history": "",
|
| 626 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 627 |
"current_to": "2026-05-26",
|
| 628 |
"citation": "FPSLREB Act, s. 37",
|
| 629 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-37.html"
|
|
@@ -641,6 +715,8 @@
|
|
| 641 |
"text": "38\n(1) In the event of the death or incapacity of a member of a three-member panel, other than the death or incapacity of the chairperson of the panel, the chairperson of the panel may determine any matter that was before the panel and his or her decision is deemed to be the panel’s decision.\n(2) [Chairperson’s death or incapacity] In the event of the death or incapacity of the chairperson of a panel, or of the member when the panel consists of one member, the Chairperson must establish a new panel to hear and determine the matter on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.",
|
| 642 |
"history": "",
|
| 643 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 644 |
"current_to": "2026-05-26",
|
| 645 |
"citation": "FPSLREB Act, s. 38",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-38.html"
|
|
@@ -658,6 +734,8 @@
|
|
| 658 |
"text": "39 A panel has all of the Board’s powers, rights and privileges with respect to any matter assigned to the panel.",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 661 |
"current_to": "2026-05-26",
|
| 662 |
"citation": "FPSLREB Act, s. 39",
|
| 663 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-39.html"
|
|
@@ -675,6 +753,8 @@
|
|
| 675 |
"text": "40\n(1) A decision made by a majority of the members of a panel is the decision of the panel or, if no decision is supported by the majority, the decision of the chairperson of the panel is the decision of the panel.\n(2) [Board’s decision] A decision of a panel is a decision of the Board.",
|
| 676 |
"history": "",
|
| 677 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 678 |
"current_to": "2026-05-26",
|
| 679 |
"citation": "FPSLREB Act, s. 40",
|
| 680 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-40.html"
|
|
@@ -692,6 +772,8 @@
|
|
| 692 |
"text": "41 A person who is summoned by the Board to attend as a witness at any of its proceedings is entitled to receive fees and allowances for so attending that are equal to those to which the person would be entitled if they were summoned to attend before the Federal Court.",
|
| 693 |
"history": "",
|
| 694 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 695 |
"current_to": "2026-05-26",
|
| 696 |
"citation": "FPSLREB Act, s. 41",
|
| 697 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-41.html"
|
|
@@ -709,6 +791,8 @@
|
|
| 709 |
"text": "42\n(1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act.\n(2) [Tabling in Parliament] The Minister must cause the report to be tabled in each House of Parliament within the first 15 days on which that House is sitting after the Minister receives it.",
|
| 710 |
"history": "",
|
| 711 |
"last_amended": "2014-11-01",
|
|
|
|
|
|
|
| 712 |
"current_to": "2026-05-26",
|
| 713 |
"citation": "FPSLREB Act, s. 42",
|
| 714 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-42.html"
|
|
|
|
| 12 |
"text": "1 This Act may be cited as the Federal Public Sector Labour Relations and Employment Board Act.",
|
| 13 |
"history": "2013, c. 40, s. 365 “1”; 2017, c. 9, s. 36",
|
| 14 |
"last_amended": "2017-06-19",
|
| 15 |
+
"in_force": "2017-06-19",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2026-05-26",
|
| 18 |
"citation": "FPSLREB Act, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-1.html"
|
|
|
|
| 31 |
"text": "2 The following definitions apply in this Act.\nbargaining agent has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (agent négociateur)\nemployer has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (employeur)\nMinister means the Minister who is designated under section 3. (ministre)",
|
| 32 |
"history": "2013, c. 40, s. 365 “2”; 2017, c. 9, s. 55",
|
| 33 |
"last_amended": "2017-06-19",
|
| 34 |
+
"in_force": "2017-06-19",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2026-05-26",
|
| 37 |
"citation": "FPSLREB Act, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-2.html"
|
|
|
|
| 50 |
"text": "3 The Governor in Council may, by order, designate any federal minister, other than a member of the Treasury Board, to be the Minister referred to in this Act.",
|
| 51 |
"history": "",
|
| 52 |
"last_amended": "2014-11-01",
|
| 53 |
+
"in_force": "2014-11-01",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2026-05-26",
|
| 56 |
"citation": "FPSLREB Act, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-3.html"
|
|
|
|
| 69 |
"text": "4\n(1) The Public Service Labour Relations and Employment Board is continued under the name of the Federal Public Sector Labour Relations and Employment Board.\n(2) [Board’s composition] The Board is composed of\n(a) a Chairperson, who is to hold office on a full-time basis;\n(b) not more than two Vice-chairpersons, who are to hold office on a full-time basis;\n(c) not more than 12 other members who are to hold office on a full-time basis; and\n(d) any part-time members that the Governor in Council considers necessary to carry out the Board’s powers, duties and functions.",
|
| 70 |
"history": "2013, c. 40, s. 365 “4”; 2017, c. 9, s. 38",
|
| 71 |
"last_amended": "2017-06-19",
|
| 72 |
+
"in_force": "2017-06-19",
|
| 73 |
+
"status": "in force",
|
| 74 |
"current_to": "2026-05-26",
|
| 75 |
"citation": "FPSLREB Act, s. 4",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-4.html"
|
|
|
|
| 88 |
"text": "5\n(1) To be eligible to hold office as a member, a person must\n(a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;\n(b) not hold any other office or employment under the employer;\n(c) not be a member of or hold an office or employment under an employee organization, as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act, that is certified as a bargaining agent; and\n(d) not accept any office or employment, or carry on any activity, that is inconsistent with the person’s duties or functions.\n(2) [Exception] Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut with powers, duties and functions similar to those of the Board.",
|
| 89 |
"history": "2013, c. 40, s. 365 “5”; 2017, c. 9, s. 55",
|
| 90 |
"last_amended": "2017-06-19",
|
| 91 |
+
"in_force": "2017-06-19",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2026-05-26",
|
| 94 |
"citation": "FPSLREB Act, s. 5",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-5.html"
|
|
|
|
| 107 |
"text": "6\n(1) Every member, other than the Chairperson or a Vice-chairperson, must be appointed from among eligible persons whose names are on a list prepared by the Chairperson after consultation with the employer and the bargaining agents.\n(1.1) [Knowledge of police organizations] In preparing the list, the Chairperson must take into account the need for the Board to have two members with knowledge of police organizations.\n(2) [Contents] The Chairperson must set out on the list\n(a) the names of all eligible persons who are recommended by the employer;\n(b) the names of all eligible persons who are recommended by the bargaining agents; and\n(c) the names of any other eligible persons whom the Chairperson considers suitable for appointment.\n(3) [Equal numbers] The appointment of members, other than the Chairperson and the Vice-chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents.\n(4) [Non-representative Board] Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in the exercise of their powers and the performance of their duties and functions.",
|
| 108 |
"history": "2013, c. 40, s. 365 “6”; 2017, c. 9, s. 39",
|
| 109 |
"last_amended": "2017-06-19",
|
| 110 |
+
"in_force": "2017-06-19",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2026-05-26",
|
| 113 |
"citation": "FPSLREB Act, s. 6",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-6.html"
|
|
|
|
| 126 |
"text": "7 A full-time member must reside in the National Capital Region as it is described in the schedule to the National Capital Act or within any distance of it that the Governor in Council may determine.",
|
| 127 |
"history": "",
|
| 128 |
"last_amended": "2014-11-01",
|
| 129 |
+
"in_force": "2014-11-01",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2026-05-26",
|
| 132 |
"citation": "FPSLREB Act, s. 7",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-7.html"
|
|
|
|
| 145 |
"text": "8\n(1) Each member is to be appointed by the Governor in Council, on the Minister’s recommendation, to hold office during good behaviour and may be removed by the Governor in Council for cause.\n(2) [Term of office] A full-time member may be appointed for a term of office that is not more than five years and a part-time member may be appointed for a term of office that is not more than three years.\n(3) [Reappointment] A member is eligible for reappointment on the expiry of any term of office.\n(4) [Completion of duties and functions] A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any duties or functions that they would otherwise have had in connection with any matter that came before the Board while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member.",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2014-11-01",
|
| 148 |
+
"in_force": "2014-11-01",
|
| 149 |
+
"status": "in force",
|
| 150 |
"current_to": "2026-05-26",
|
| 151 |
"citation": "FPSLREB Act, s. 8",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-8.html"
|
|
|
|
| 164 |
"text": "9 Before beginning their duties or functions, a person who is appointed as a member of the Board must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations:\nI, , do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of member (or Chairperson or Vice-chairperson) of the Federal Public Sector Labour Relations and Employment Board.",
|
| 165 |
"history": "2013, c. 40, s. 365 “9”; 2017, c. 9, s. 57",
|
| 166 |
"last_amended": "2017-06-19",
|
| 167 |
+
"in_force": "2017-06-19",
|
| 168 |
+
"status": "in force",
|
| 169 |
"current_to": "2026-05-26",
|
| 170 |
"citation": "FPSLREB Act, s. 9",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-9.html"
|
|
|
|
| 183 |
"text": "10 Every member and former member referred to in subsection 8(4)\n(a) is to be paid the remuneration that may be determined by the Governor in Council; and\n(b) is entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence.",
|
| 184 |
"history": "",
|
| 185 |
"last_amended": "2014-11-01",
|
| 186 |
+
"in_force": "2014-11-01",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2026-05-26",
|
| 189 |
"citation": "FPSLREB Act, s. 10",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-10.html"
|
|
|
|
| 202 |
"text": "11 A full-time member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.",
|
| 203 |
"history": "",
|
| 204 |
"last_amended": "2014-11-01",
|
| 205 |
+
"in_force": "2014-11-01",
|
| 206 |
+
"status": "in force",
|
| 207 |
"current_to": "2026-05-26",
|
| 208 |
"citation": "FPSLREB Act, s. 11",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-11.html"
|
|
|
|
| 221 |
"text": "12 A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of regulations made under section 9 of the Aeronautics Act.",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2014-11-01",
|
| 224 |
+
"in_force": "2014-11-01",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2026-05-26",
|
| 227 |
"citation": "FPSLREB Act, s. 12",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-12.html"
|
|
|
|
| 240 |
"text": "13 The Board’s head office is to be in the National Capital Region as it is described in the schedule to the National Capital Act.",
|
| 241 |
"history": "2013, c. 40, s. 365 “13”; 2014, c. 20, s. 471",
|
| 242 |
"last_amended": "2014-11-01",
|
| 243 |
+
"in_force": "2014-11-01",
|
| 244 |
+
"status": "in force",
|
| 245 |
"current_to": "2026-05-26",
|
| 246 |
"citation": "FPSLREB Act, s. 13",
|
| 247 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-13.html"
|
|
|
|
| 259 |
"text": "14 In exercising its powers and performing its duties and functions, the Board may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the Board’s operation.",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2014-11-01",
|
| 262 |
+
"in_force": "2014-11-01",
|
| 263 |
+
"status": "in force",
|
| 264 |
"current_to": "2026-05-26",
|
| 265 |
"citation": "FPSLREB Act, s. 14",
|
| 266 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-14.html"
|
|
|
|
| 278 |
"text": "15\n(1) Meetings of the Board are to be held at any date, time and place that the Chairperson considers appropriate for the conduct of the Board’s business.\n(2) [Off-site participation] A meeting of the Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting.",
|
| 279 |
"history": "",
|
| 280 |
"last_amended": "2014-11-01",
|
| 281 |
+
"in_force": "2014-11-01",
|
| 282 |
+
"status": "in force",
|
| 283 |
"current_to": "2026-05-26",
|
| 284 |
"citation": "FPSLREB Act, s. 15",
|
| 285 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-15.html"
|
|
|
|
| 297 |
"text": "16 The Chairperson, one Vice-chairperson and a majority of the other full-time members constitute a quorum at a meeting of the Board.",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2014-11-01",
|
| 300 |
+
"in_force": "2014-11-01",
|
| 301 |
+
"status": "in force",
|
| 302 |
"current_to": "2026-05-26",
|
| 303 |
"citation": "FPSLREB Act, s. 16",
|
| 304 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-16.html"
|
|
|
|
| 316 |
"text": "17 A part-time member is not entitled to attend a meeting of the Board, but may attend at the Chairperson’s invitation.",
|
| 317 |
"history": "",
|
| 318 |
"last_amended": "2014-11-01",
|
| 319 |
+
"in_force": "2014-11-01",
|
| 320 |
+
"status": "in force",
|
| 321 |
"current_to": "2026-05-26",
|
| 322 |
"citation": "FPSLREB Act, s. 17",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-17.html"
|
|
|
|
| 335 |
"text": "18 A decision of a majority of the Board’s members who are present at a meeting of the Board is a decision of the Board.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2014-11-01",
|
| 338 |
+
"in_force": "2014-11-01",
|
| 339 |
+
"status": "in force",
|
| 340 |
"current_to": "2026-05-26",
|
| 341 |
"citation": "FPSLREB Act, s. 18",
|
| 342 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-18.html"
|
|
|
|
| 354 |
"text": "19 The Board is to exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act or any other Act of Parliament.",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2014-11-01",
|
| 357 |
+
"in_force": "2014-11-01",
|
| 358 |
+
"status": "in force",
|
| 359 |
"current_to": "2026-05-26",
|
| 360 |
"citation": "FPSLREB Act, s. 19",
|
| 361 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-19.html"
|
|
|
|
| 373 |
"text": "20 The Board has, in relation to any matter before it, the power to\n(a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record;\n(b) order pre-hearing procedures, including pre-hearing conferences that are held in private, and determine the date, time and place of the hearings for those procedures;\n(c) order that a pre-hearing conference or a hearing be conducted using any means of telecommunication that permits all persons who are participating to communicate adequately with each other;\n(d) administer oaths and solemn affirmations;\n(e) accept any evidence, whether admissible in a court of law or not; and\n(f) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant.",
|
| 374 |
"history": "",
|
| 375 |
"last_amended": "2014-11-01",
|
| 376 |
+
"in_force": "2014-11-01",
|
| 377 |
+
"status": "in force",
|
| 378 |
"current_to": "2026-05-26",
|
| 379 |
"citation": "FPSLREB Act, s. 20",
|
| 380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-20.html"
|
|
|
|
| 392 |
"text": "21 The Board may dismiss summarily any matter that in its opinion is trivial, frivolous, vexatious or was made in bad faith.",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2014-11-01",
|
| 395 |
+
"in_force": "2014-11-01",
|
| 396 |
+
"status": "in force",
|
| 397 |
"current_to": "2026-05-26",
|
| 398 |
"citation": "FPSLREB Act, s. 21",
|
| 399 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-21.html"
|
|
|
|
| 411 |
"text": "22 The Board may decide any matter before it without holding an oral hearing.",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2014-11-01",
|
| 414 |
+
"in_force": "2014-11-01",
|
| 415 |
+
"status": "in force",
|
| 416 |
"current_to": "2026-05-26",
|
| 417 |
"citation": "FPSLREB Act, s. 22",
|
| 418 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-22.html"
|
|
|
|
| 430 |
"text": "23 The Board or a member of the Board or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.",
|
| 431 |
"history": "2013, c. 40, s. 365 “23”; 2014, c. 20, s. 471",
|
| 432 |
"last_amended": "2014-11-01",
|
| 433 |
+
"in_force": "2014-11-01",
|
| 434 |
+
"status": "in force",
|
| 435 |
"current_to": "2026-05-26",
|
| 436 |
"citation": "FPSLREB Act, s. 23",
|
| 437 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-23.html"
|
|
|
|
| 449 |
"text": "24 The Board may\n(a) authorize the Chairperson to exercise any of its powers or perform any of its duties or functions, other than the power to make regulations; and\n(b) authorize any person to exercise any of its powers under paragraphs 20(d) to (f) and require the person to report to it on what the person has done.",
|
| 450 |
"history": "",
|
| 451 |
"last_amended": "2014-11-01",
|
| 452 |
+
"in_force": "2014-11-01",
|
| 453 |
+
"status": "in force",
|
| 454 |
"current_to": "2026-05-26",
|
| 455 |
"citation": "FPSLREB Act, s. 24",
|
| 456 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-24.html"
|
|
|
|
| 468 |
"text": "25 The Chairperson has supervision over and direction of the Board’s work, including\n(a) the assignment and reassignment of matters that the Board is seized of to panels;\n(b) the composition of panels; and\n(c) the determination of the date, time and place of hearings.",
|
| 469 |
"history": "2013, c. 40, s. 365 “25”; 2014, c. 20, s. 471",
|
| 470 |
"last_amended": "2014-11-01",
|
| 471 |
+
"in_force": "2014-11-01",
|
| 472 |
+
"status": "in force",
|
| 473 |
"current_to": "2026-05-26",
|
| 474 |
"citation": "FPSLREB Act, s. 25",
|
| 475 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-25.html"
|
|
|
|
| 487 |
"text": "26 The Chairperson may authorize a Vice-chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s duties or functions, including powers, duties or functions delegated to the Chairperson by the Board.",
|
| 488 |
"history": "",
|
| 489 |
"last_amended": "2014-11-01",
|
| 490 |
+
"in_force": "2014-11-01",
|
| 491 |
+
"status": "in force",
|
| 492 |
"current_to": "2026-05-26",
|
| 493 |
"citation": "FPSLREB Act, s. 26",
|
| 494 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-26.html"
|
|
|
|
| 506 |
"text": "27\n(1) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, a Vice-chairperson designated by the Minister is to act as Chairperson.\n(2) [Absence of Chairperson and Vice-chairpersons] If the Chairperson and the Vice-chairpersons are absent or unable to act, or all of those offices are vacant, the Minister may designate a member to act as Chairperson but no member so designated has authority to act as Chairperson for more than 90 days without the Governor in Council’s approval.",
|
| 507 |
"history": "",
|
| 508 |
"last_amended": "2014-11-01",
|
| 509 |
+
"in_force": "2014-11-01",
|
| 510 |
+
"status": "in force",
|
| 511 |
"current_to": "2026-05-26",
|
| 512 |
"citation": "FPSLREB Act, s. 27",
|
| 513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-27.html"
|
|
|
|
| 525 |
"text": "28 [Repealed before coming into force, 2014, c. 20, s. 471]",
|
| 526 |
"history": "",
|
| 527 |
"last_amended": "2014-11-01",
|
| 528 |
+
"in_force": "2014-11-01",
|
| 529 |
+
"status": "repealed",
|
| 530 |
"current_to": "2026-05-26",
|
| 531 |
"citation": "FPSLREB Act, s. 28",
|
| 532 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-28.html"
|
|
|
|
| 544 |
"text": "29 [Repealed before coming into force, 2014, c. 20, s. 471]",
|
| 545 |
"history": "",
|
| 546 |
"last_amended": "2014-11-01",
|
| 547 |
+
"in_force": "2014-11-01",
|
| 548 |
+
"status": "repealed",
|
| 549 |
"current_to": "2026-05-26",
|
| 550 |
"citation": "FPSLREB Act, s. 29",
|
| 551 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-29.html"
|
|
|
|
| 563 |
"text": "30 The Chief Administrator of the Administrative Tribunals Support Service of Canada may engage on a temporary basis the services of mediators and other experts to assist the Board in an advisory capacity and, subject to the Governor in Council’s approval, fix their remuneration.",
|
| 564 |
"history": "2013, c. 40, s. 365 “30”; 2014, c. 20, s. 471",
|
| 565 |
"last_amended": "2014-11-01",
|
| 566 |
+
"in_force": "2014-11-01",
|
| 567 |
+
"status": "in force",
|
| 568 |
"current_to": "2026-05-26",
|
| 569 |
"citation": "FPSLREB Act, s. 30",
|
| 570 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-30.html"
|
|
|
|
| 582 |
"text": "31\n(1) A member of the Board or any person who is engaged under section 30 is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions.\n(2) [Chief Administrator and employees not compellable] The Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions in providing services to the Board.",
|
| 583 |
"history": "2013, c. 40, s. 365 “31”; 2014, c. 20, s. 471",
|
| 584 |
"last_amended": "2014-11-01",
|
| 585 |
+
"in_force": "2014-11-01",
|
| 586 |
+
"status": "in force",
|
| 587 |
"current_to": "2026-05-26",
|
| 588 |
"citation": "FPSLREB Act, s. 31",
|
| 589 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-31.html"
|
|
|
|
| 601 |
"text": "32 Notes or draft orders or decisions of the Board or of any of its members are not to be disclosed without the consent of the person who made them.",
|
| 602 |
"history": "",
|
| 603 |
"last_amended": "2014-11-01",
|
| 604 |
+
"in_force": "2014-11-01",
|
| 605 |
+
"status": "in force",
|
| 606 |
"current_to": "2026-05-26",
|
| 607 |
"citation": "FPSLREB Act, s. 32",
|
| 608 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-32.html"
|
|
|
|
| 620 |
"text": "33\n(1) No criminal or civil proceedings lie against a member of the Board, any person who is engaged under section 30 or any person who is acting on the Board’s behalf for anything done — or omitted to be done — or reported or said by that member or that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions.\n(2) [Immunity from proceedings — Chief Administrator and employees] No criminal or civil proceedings lie against the Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada for anything done — or omitted to be done — or reported or said by that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions in providing services to the Board.",
|
| 621 |
"history": "2013, c. 40, s. 365 “33”; 2014, c. 20, s. 471",
|
| 622 |
"last_amended": "2014-11-01",
|
| 623 |
+
"in_force": "2014-11-01",
|
| 624 |
+
"status": "in force",
|
| 625 |
"current_to": "2026-05-26",
|
| 626 |
"citation": "FPSLREB Act, s. 33",
|
| 627 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-33.html"
|
|
|
|
| 639 |
"text": "34\n(1) Every order or decision of the Board is final and is not to be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.\n(2) [Standing of Board] The Board has standing to appear in proceedings under subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to its orders or decisions and its jurisdiction, policies and procedures.\n(3) [No review by certiorari, etc.] Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under any Act of Parliament may, on any ground, including the ground that the order, decision or proceeding is beyond the Board’s jurisdiction to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction,\n(a) be questioned, reviewed, prohibited or restrained; or\n(b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise.",
|
| 640 |
"history": "",
|
| 641 |
"last_amended": "2014-11-01",
|
| 642 |
+
"in_force": "2014-11-01",
|
| 643 |
+
"status": "in force",
|
| 644 |
"current_to": "2026-05-26",
|
| 645 |
"citation": "FPSLREB Act, s. 34",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-34.html"
|
|
|
|
| 658 |
"text": "35\n(1) The Board must, on the written request of any person or organization affected by any order of the Board, file a certified copy of the order, exclusive of the reasons for it, in the Federal Court, unless, in the Board’s opinion,\n(a) there is no indication, or likelihood, of failure to comply with the order; or\n(b) there is another good reason why the filing of the order in the Federal Court would serve no useful purpose.\n(2) [Effect of filing] An order of the Board becomes an order of the Federal Court when a certified copy of it is filed in that court, and it may subsequently be enforced as such.",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2014-11-01",
|
| 661 |
+
"in_force": "2014-11-01",
|
| 662 |
+
"status": "in force",
|
| 663 |
"current_to": "2026-05-26",
|
| 664 |
"citation": "FPSLREB Act, s. 35",
|
| 665 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-35.html"
|
|
|
|
| 677 |
"text": "36 The Board may make regulations respecting\n(a) the practice and procedure for hearings and pre-hearing proceedings of the Board;\n(b) the use of any means of telecommunication in the conduct of its activities;\n(c) the hearing or determination of any application, complaint, question or dispute that may be made to, referred to or otherwise come before the Board;\n(d) the establishment of an expeditious procedure and matters that may be determined under that procedure;\n(e) the forms to be used in respect of any proceeding that may come before the Board;\n(f) the manner in which and the period during which evidence and information may be presented to the Board in connection with any proceeding that may come before it;\n(g) the time within which and the persons to whom notices, other than those referred to in subsections 130(1) and (2) of the Public Service Labour Relations Act, and other documents must be sent or given, and when the notices are deemed to have been sent, given or received; and\n(h) any other matters or things that are incidental or conducive to the exercise of the Board’s powers and the performance of its duties and functions.",
|
| 678 |
"history": "",
|
| 679 |
"last_amended": "2014-11-01",
|
| 680 |
+
"in_force": "2014-11-01",
|
| 681 |
+
"status": "in force",
|
| 682 |
"current_to": "2026-05-26",
|
| 683 |
"citation": "FPSLREB Act, s. 36",
|
| 684 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-36.html"
|
|
|
|
| 696 |
"text": "37\n(1) Subject to subsection (2), matters of which the Board is seized are to be heard by a panel consisting of one member.\n(2) [Three-member panels] If the Chairperson considers that the complexity of a matter requires it, he or she may assign the matter to a panel consisting of three members.\n(3) [Chairperson of three-member panel] If the Chairperson is a member of a three-person panel, he or she is to be its chairperson; otherwise, he or she must designate a member of it to be its chairperson.",
|
| 697 |
"history": "",
|
| 698 |
"last_amended": "2014-11-01",
|
| 699 |
+
"in_force": "2014-11-01",
|
| 700 |
+
"status": "in force",
|
| 701 |
"current_to": "2026-05-26",
|
| 702 |
"citation": "FPSLREB Act, s. 37",
|
| 703 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-37.html"
|
|
|
|
| 715 |
"text": "38\n(1) In the event of the death or incapacity of a member of a three-member panel, other than the death or incapacity of the chairperson of the panel, the chairperson of the panel may determine any matter that was before the panel and his or her decision is deemed to be the panel’s decision.\n(2) [Chairperson’s death or incapacity] In the event of the death or incapacity of the chairperson of a panel, or of the member when the panel consists of one member, the Chairperson must establish a new panel to hear and determine the matter on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties.",
|
| 716 |
"history": "",
|
| 717 |
"last_amended": "2014-11-01",
|
| 718 |
+
"in_force": "2014-11-01",
|
| 719 |
+
"status": "in force",
|
| 720 |
"current_to": "2026-05-26",
|
| 721 |
"citation": "FPSLREB Act, s. 38",
|
| 722 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-38.html"
|
|
|
|
| 734 |
"text": "39 A panel has all of the Board’s powers, rights and privileges with respect to any matter assigned to the panel.",
|
| 735 |
"history": "",
|
| 736 |
"last_amended": "2014-11-01",
|
| 737 |
+
"in_force": "2014-11-01",
|
| 738 |
+
"status": "in force",
|
| 739 |
"current_to": "2026-05-26",
|
| 740 |
"citation": "FPSLREB Act, s. 39",
|
| 741 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-39.html"
|
|
|
|
| 753 |
"text": "40\n(1) A decision made by a majority of the members of a panel is the decision of the panel or, if no decision is supported by the majority, the decision of the chairperson of the panel is the decision of the panel.\n(2) [Board’s decision] A decision of a panel is a decision of the Board.",
|
| 754 |
"history": "",
|
| 755 |
"last_amended": "2014-11-01",
|
| 756 |
+
"in_force": "2014-11-01",
|
| 757 |
+
"status": "in force",
|
| 758 |
"current_to": "2026-05-26",
|
| 759 |
"citation": "FPSLREB Act, s. 40",
|
| 760 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-40.html"
|
|
|
|
| 772 |
"text": "41 A person who is summoned by the Board to attend as a witness at any of its proceedings is entitled to receive fees and allowances for so attending that are equal to those to which the person would be entitled if they were summoned to attend before the Federal Court.",
|
| 773 |
"history": "",
|
| 774 |
"last_amended": "2014-11-01",
|
| 775 |
+
"in_force": "2014-11-01",
|
| 776 |
+
"status": "in force",
|
| 777 |
"current_to": "2026-05-26",
|
| 778 |
"citation": "FPSLREB Act, s. 41",
|
| 779 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-41.html"
|
|
|
|
| 791 |
"text": "42\n(1) As soon as feasible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on its activities during the immediately preceding fiscal year, other than its activities under the Parliamentary Employment and Staff Relations Act.\n(2) [Tabling in Parliament] The Minister must cause the report to be tabled in each House of Parliament within the first 15 days on which that House is sitting after the Minister receives it.",
|
| 792 |
"history": "",
|
| 793 |
"last_amended": "2014-11-01",
|
| 794 |
+
"in_force": "2014-11-01",
|
| 795 |
+
"status": "in force",
|
| 796 |
"current_to": "2026-05-26",
|
| 797 |
"citation": "FPSLREB Act, s. 42",
|
| 798 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/p-33.35/section-42.html"
|
|
The diff for this file is too large to render.
See raw diff
|
|
|
|
@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1 This Act may be cited as the Quarantine Act.",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 15 |
"current_to": "2024-04-01",
|
| 16 |
"citation": "Quarantine Act, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2 The following definitions apply in this Act.\ncommunicable disease means a human disease that is caused by an infectious agent or a biological toxin and poses a risk of significant harm to public health, or a disease listed in the schedule, and includes an infectious agent that causes a communicable disease. (maladie transmissible)\nconveyance means a watercraft, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container, that arrives in Canada or is in the process of departing from Canada. (véhicule)\ndeparture point means any point designated by the Minister under section 10. (point de sortie)\nentry point means a point designated by the Minister under section 9 or a point where a customs office, within the meaning of subsection 2(1) of the Customs Act, is located. (point d’entrée)\nhealth assessment means an evaluation of the relevant medical history and the travel history of a traveller and a physical examination, including an examination of the traveller’s head, neck and extremities and the measurement of vital signs such as the traveller’s temperature, heart rate and respiratory rate. (contrôle médical)\nmedical examination includes ascertaining the relevant medical history and the travel history of the person being examined, the conduct of a physical examination and any laboratory tests or radiographic or diagnostic tests that are required to make a determination of whether the person might have a communicable disease. (examen médical)\nmedical practitioner means a person who is entitled to practise medicine by the laws of a province. (médecin)\nMinister means the Minister of Health. (ministre)\noperator means any person in charge of a conveyance, and includes the conveyance crew. (conducteur)\nowner, other than in section 43, includes a lessee. (propriétaire)\npeace officer means a person referred to in paragraphs (c) and (g) of the definition peace officer in section 2 of the Criminal Code. (agent de la paix)\nprescribed means prescribed by regulation. (Version anglaise seulement)\nquarantine facility means any place that is used for the detention of a traveller. (installation de quarantaine)\nquarantine station means any place that is used for the administration and enforcement of this Act. (poste de quarantaine)\nscreening officer means a person designated as a screening officer under subsection 5(1) or an officer within the meaning of subsection 2(1) of the Customs Act. (agent de contrôle)\ntraveller means a person, including the operator of a conveyance, who arrives in Canada or is in the process of departing from Canada. (voyageur)\nvector means an insect or animal capable of transmitting a communicable disease. (vecteur)",
|
| 30 |
"history": "",
|
| 31 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 32 |
"current_to": "2024-04-01",
|
| 33 |
"citation": "Quarantine Act, s. 2",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-2.html"
|
|
@@ -46,6 +50,8 @@
|
|
| 46 |
"text": "3 This Act is binding on Her Majesty in right of Canada or of a province.",
|
| 47 |
"history": "",
|
| 48 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 49 |
"current_to": "2024-04-01",
|
| 50 |
"citation": "Quarantine Act, s. 3",
|
| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-3.html"
|
|
@@ -63,6 +69,8 @@
|
|
| 63 |
"text": "4 The purpose of this Act is to protect public health by taking comprehensive measures to prevent the introduction and spread of communicable diseases.",
|
| 64 |
"history": "",
|
| 65 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 66 |
"current_to": "2024-04-01",
|
| 67 |
"citation": "Quarantine Act, s. 4",
|
| 68 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-4.html"
|
|
@@ -80,6 +88,8 @@
|
|
| 80 |
"text": "5\n(1) The Minister may designate qualified persons, or classes of qualified persons, as analysts, screening officers or environmental health officers.\n(2) [Designating quarantine officers] The Minister may designate medical practitioners or other qualified health care practitioners, or classes of such persons, as quarantine officers.\n(3) [Designating review officers] The Minister may designate medical practitioners as review officers.\n(4) [Certificate to be produced] The Minister shall give a certificate of designation to every screening officer who is not also a customs officer, to every quarantine officer and to every environmental health officer. An officer to whom a certificate has been given shall produce it, on request, to the person in charge of a place or conveyance that the officer inspects and to any person that the officer questions.",
|
| 81 |
"history": "",
|
| 82 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 83 |
"current_to": "2024-04-01",
|
| 84 |
"citation": "Quarantine Act, s. 5",
|
| 85 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-5.html"
|
|
@@ -97,6 +107,8 @@
|
|
| 97 |
"text": "6\n(1) The Minister may establish a quarantine station at any place in Canada.\n(2) [Provision and maintenance of area or facility] The operator of a facility in which a customs office, within the meaning of subsection 2(1) of the Customs Act, is located shall, when required in writing by the Minister, provide and maintain free of charge any area or facility, along with its fixtures, that the Minister considers necessary for establishing a quarantine station.",
|
| 98 |
"history": "",
|
| 99 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 100 |
"current_to": "2024-04-01",
|
| 101 |
"citation": "Quarantine Act, s. 6",
|
| 102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-6.html"
|
|
@@ -114,6 +126,8 @@
|
|
| 114 |
"text": "7 The Minister may by order designate any place in Canada as a quarantine facility and amend, cancel or reinstate the designation.",
|
| 115 |
"history": "",
|
| 116 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 117 |
"current_to": "2024-04-01",
|
| 118 |
"citation": "Quarantine Act, s. 7",
|
| 119 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-7.html"
|
|
@@ -131,6 +145,8 @@
|
|
| 131 |
"text": "8\n(1) Any person in charge of a place shall, at the request of the Minister, provide that place to the Minister if, in the opinion of the Minister, the temporary use of the place as a quarantine facility is necessary to protect public health.\n(2) [Deeming] The place is deemed to be designated as a quarantine facility.\n(3) [Compensation] The Minister may compensate any person for the Minister’s use of the place.\n(4) [Consultation] The Minister shall consult with the provincial public health authority of the province in which the place is situated before taking possession of it.",
|
| 132 |
"history": "",
|
| 133 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 134 |
"current_to": "2024-04-01",
|
| 135 |
"citation": "Quarantine Act, s. 8",
|
| 136 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-8.html"
|
|
@@ -148,6 +164,8 @@
|
|
| 148 |
"text": "9 The Minister may by order designate any point in Canada as an entry point.",
|
| 149 |
"history": "",
|
| 150 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 151 |
"current_to": "2024-04-01",
|
| 152 |
"citation": "Quarantine Act, s. 9",
|
| 153 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-9.html"
|
|
@@ -165,6 +183,8 @@
|
|
| 165 |
"text": "10 The Minister may by order designate any point in Canada as a departure point if, in the opinion of the Minister, the order is necessary to prevent the spread of a communicable disease.",
|
| 166 |
"history": "",
|
| 167 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 168 |
"current_to": "2024-04-01",
|
| 169 |
"citation": "Quarantine Act, s. 10",
|
| 170 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-10.html"
|
|
@@ -182,6 +202,8 @@
|
|
| 182 |
"text": "11 The Minister may enter into an agreement with a department or an agency of the Government of Canada or of a province, or with a public health authority, respecting the administration and enforcement of this Act or of an Act of a province.",
|
| 183 |
"history": "",
|
| 184 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 185 |
"current_to": "2024-04-01",
|
| 186 |
"citation": "Quarantine Act, s. 11",
|
| 187 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-11.html"
|
|
@@ -199,6 +221,8 @@
|
|
| 199 |
"text": "12 Every person who is subject to subsection 11(1) of the Customs Act and enters Canada shall, immediately after entering, present themselves to a screening officer at the nearest entry point.",
|
| 200 |
"history": "",
|
| 201 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 202 |
"current_to": "2024-04-01",
|
| 203 |
"citation": "Quarantine Act, s. 12",
|
| 204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-12.html"
|
|
@@ -216,6 +240,8 @@
|
|
| 216 |
"text": "13 Every person who leaves Canada through a departure point shall, immediately before leaving, present themselves to a screening officer or quarantine officer at the departure point.",
|
| 217 |
"history": "",
|
| 218 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 219 |
"current_to": "2024-04-01",
|
| 220 |
"citation": "Quarantine Act, s. 13",
|
| 221 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-13.html"
|
|
@@ -233,6 +259,8 @@
|
|
| 233 |
"text": "14\n(1) Any qualified person authorized by the Minister may, to determine whether a traveller has a communicable disease or symptoms of one, use any screening technology authorized by the Minister that does not involve the entry into the traveller’s body of any instrument or other foreign body.\n(2) [Refusal to be screened] If a traveller refuses to be screened with the screening technology and the person using it is not a screening officer or quarantine officer, the person shall immediately inform a screening officer or quarantine officer of the refusal.",
|
| 234 |
"history": "",
|
| 235 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 236 |
"current_to": "2024-04-01",
|
| 237 |
"citation": "Quarantine Act, s. 14",
|
| 238 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-14.html"
|
|
@@ -250,6 +278,8 @@
|
|
| 250 |
"text": "15\n(1) Every traveller shall answer any relevant questions asked by a screening officer or quarantine officer and provide to the officer any information or record in their possession that the officer may reasonably require in the performance of a duty under this Act.\n(2) [Duty to disclose communicable disease] Any traveller who has reasonable grounds to suspect that they have or might have a communicable disease listed in the schedule or are infested with vectors, or that they have recently been in close proximity to a person who has, or is reasonably likely to have, a communicable disease listed in the schedule or is infested with vectors, shall disclose that fact to a screening officer or quarantine officer.\n(3) [Compliance with measures] Every traveller shall comply with any reasonable measure ordered by a screening officer or quarantine officer for the purpose of preventing the introduction and spread of a communicable disease.",
|
| 251 |
"history": "",
|
| 252 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 253 |
"current_to": "2024-04-01",
|
| 254 |
"citation": "Quarantine Act, s. 15",
|
| 255 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-15.html"
|
|
@@ -267,6 +297,8 @@
|
|
| 267 |
"text": "16\n(1) A screening officer shall immediately inform a quarantine officer, and follow any directive of that officer respecting the traveller, if\n(a) the screening officer has reasonable grounds to suspect that a traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors;\n(b) a traveller has refused to be screened by the screening officer under subsection 14(1), or a person authorized to use the screening technology has informed the screening officer that a traveller has refused to be screened under that subsection;\n(c) a traveller has contravened subsection 15(1) by refusing to answer a question asked by the screening officer or by refusing to provide information or a record that the screening officer required; or\n(d) a traveller has contravened subsection 15(3) by refusing to comply with a measure ordered by the screening officer.\n(2) [Isolation] The screening officer may, without directives from a quarantine officer, isolate the traveller, individually or within a group, until the traveller is assessed by a quarantine officer.",
|
| 268 |
"history": "",
|
| 269 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 270 |
"current_to": "2024-04-01",
|
| 271 |
"citation": "Quarantine Act, s. 16",
|
| 272 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-16.html"
|
|
@@ -284,6 +316,8 @@
|
|
| 284 |
"text": "17 A screening officer or quarantine officer who takes any action in respect of a traveller under this Act shall, if reasonably possible, inform the traveller of the measure before it is taken.",
|
| 285 |
"history": "",
|
| 286 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 287 |
"current_to": "2024-04-01",
|
| 288 |
"citation": "Quarantine Act, s. 17",
|
| 289 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-17.html"
|
|
@@ -301,6 +335,8 @@
|
|
| 301 |
"text": "18 A peace officer may, at the request of a screening officer or quarantine officer, arrest without a warrant and bring to a quarantine officer any traveller who the peace officer has reasonable grounds to believe has refused to be isolated or refuses to comply with a measure under subsection 15(3).",
|
| 302 |
"history": "",
|
| 303 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 304 |
"current_to": "2024-04-01",
|
| 305 |
"citation": "Quarantine Act, s. 18",
|
| 306 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-18.html"
|
|
@@ -318,6 +354,8 @@
|
|
| 318 |
"text": "19\n(1) A quarantine officer may require a traveller to undergo a health assessment if\n(a) the officer has reasonable grounds to suspect that the traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors;\n(b) the traveller has refused to be screened under subsection 14(1); or\n(c) the traveller has contravened subsection 15(1) or (3).\n(2) [Timing of assessment] The health assessment shall be undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.",
|
| 319 |
"history": "",
|
| 320 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 321 |
"current_to": "2024-04-01",
|
| 322 |
"citation": "Quarantine Act, s. 19",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-19.html"
|
|
@@ -335,6 +373,8 @@
|
|
| 335 |
"text": "20\n(1) A quarantine officer may require any person at an entry or departure point to undergo a health assessment if the quarantine officer has reasonable grounds to suspect that the person has recently been in close proximity to a person who has or might have a communicable disease or who is infested with vectors.\n(1.1) [When health assessment to be undertaken] The health assessment shall be undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.\n(2) [Person is a traveller] For the purposes of sections 21 to 33.1, traveller includes any person required to undergo a health assessment under subsection (1).",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 338 |
"current_to": "2024-04-01",
|
| 339 |
"citation": "Quarantine Act, s. 20",
|
| 340 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-20.html"
|
|
@@ -352,6 +392,8 @@
|
|
| 352 |
"text": "21\n(1) A quarantine officer may require a traveller, their clothing and their personal belongings to be disinfested if, after a health assessment of the traveller, the quarantine officer has reasonable grounds to believe that the traveller is infested with vectors.\n(2) [Disinfestation of baggage] A quarantine officer or a person acting on their behalf may detain and disinfest any baggage if the quarantine officer has reasonable grounds to believe that the baggage is infested with vectors.\n(3) [Disinfestation of place] A quarantine officer or a person acting on their behalf may enter and disinfest any place at an entry or departure point if a traveller or baggage that was or may be disinfested under subsection (1) or (2) has been in or at that place and the quarantine officer has reasonable grounds to believe that the place is infested with vectors.",
|
| 353 |
"history": "",
|
| 354 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 355 |
"current_to": "2024-04-01",
|
| 356 |
"citation": "Quarantine Act, s. 21",
|
| 357 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-21.html"
|
|
@@ -369,6 +411,8 @@
|
|
| 369 |
"text": "22\n(1) If a quarantine officer has reasonable grounds to believe that a traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, the officer may require the traveller to undergo a medical examination.\n(2) [Timing of examination] The medical examination shall be conducted by a medical practitioner and undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.",
|
| 370 |
"history": "",
|
| 371 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 372 |
"current_to": "2024-04-01",
|
| 373 |
"citation": "Quarantine Act, s. 22",
|
| 374 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-22.html"
|
|
@@ -386,6 +430,8 @@
|
|
| 386 |
"text": "23\n(1) At any time, a traveller may request an examination by a medical practitioner of their choice in addition to a medical examination conducted under subsection 22(1). The quarantine officer shall inform the traveller of this right.\n(2) [Granting of request] The quarantine officer shall accept the request if, in the opinion of the officer, the examination would not unduly delay any measures taken in the administration of this Act.\n(3) [Cost and location of examination] The examination shall be at the traveller’s expense and shall be conducted in the place where the traveller is detained.",
|
| 387 |
"history": "",
|
| 388 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 389 |
"current_to": "2024-04-01",
|
| 390 |
"citation": "Quarantine Act, s. 23",
|
| 391 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-23.html"
|
|
@@ -403,6 +449,8 @@
|
|
| 403 |
"text": "24 The Minister shall, if reasonably possible, provide a traveller with an interpreter if the traveller does not have an adequate understanding of at least one of Canada’s official languages or has a speech or hearing disability.",
|
| 404 |
"history": "",
|
| 405 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 406 |
"current_to": "2024-04-01",
|
| 407 |
"citation": "Quarantine Act, s. 24",
|
| 408 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-24.html"
|
|
@@ -420,6 +468,8 @@
|
|
| 420 |
"text": "25\n(1) If a quarantine officer, after the health assessment or medical examination of a traveller, has reasonable grounds to suspect that the traveller has or might have a communicable disease, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, but is of the opinion that the traveller does not pose an immediate risk of significant harm to public health, the officer may order the traveller to report to the public health authority specified in the order.\n(2) [Public health authority to be informed] The quarantine officer shall, without delay, send a copy of an order made under subsection (1) to the public health authority specified in the order.\n(3) [Quarantine officer to be informed] The public health authority shall inform the quarantine officer, in accordance with the order, whether the traveller reports to the authority.",
|
| 421 |
"history": "",
|
| 422 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 423 |
"current_to": "2024-04-01",
|
| 424 |
"citation": "Quarantine Act, s. 25",
|
| 425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-25.html"
|
|
@@ -437,6 +487,8 @@
|
|
| 437 |
"text": "26 If a quarantine officer, after the medical examination of a traveller, has reasonable grounds to believe that the traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, the quarantine officer may order the traveller to comply with treatment or any other measure for preventing the introduction and spread of the communicable disease.",
|
| 438 |
"history": "",
|
| 439 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 440 |
"current_to": "2024-04-01",
|
| 441 |
"citation": "Quarantine Act, s. 26",
|
| 442 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-26.html"
|
|
@@ -454,6 +506,8 @@
|
|
| 454 |
"text": "27 On an ex parte application by a quarantine officer, a provincial court judge within the meaning of section 2 of the Criminal Code who is satisfied on information submitted in writing and under oath that a traveller has failed to comply with an order made under subsection 25(1) or section 26 may issue a warrant directing a peace officer to arrest the traveller and take them to a quarantine officer.",
|
| 455 |
"history": "",
|
| 456 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 457 |
"current_to": "2024-04-01",
|
| 458 |
"citation": "Quarantine Act, s. 27",
|
| 459 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-27.html"
|
|
@@ -471,6 +525,8 @@
|
|
| 471 |
"text": "28\n(1) A quarantine officer may detain any traveller who\n(a) has refused to be disinfested or to undergo a health assessment;\n(b) has been required to undergo a medical examination under subsection 22(1);\n(c) has failed to comply with an order made under section 26;\n(d) the quarantine officer has reasonable grounds to believe\n(i) has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, and\n(ii) is capable of infecting other people;\n(e) has been arrested under section 27; or\n(f) has been arrested without a warrant under section 18.\n(2) [Arrest without warrant] A peace officer may, at the request of a quarantine officer, arrest without a warrant and bring to the quarantine officer any traveller referred to in subsection (1) who resists detention.",
|
| 472 |
"history": "",
|
| 473 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 474 |
"current_to": "2024-04-01",
|
| 475 |
"citation": "Quarantine Act, s. 28",
|
| 476 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-28.html"
|
|
@@ -488,6 +544,8 @@
|
|
| 488 |
"text": "29\n(1) The quarantine officer shall immediately inform a traveller detained under subsection 28(1) of their right to a review of the confirmation of detention.\n(2) [Frequency of examination] The quarantine officer shall provide the traveller with the opportunity to undergo a medical examination by a medical practitioner at least every seven days after the day on which the detention begins.\n(3) [Confirmation of detention] A quarantine officer shall confirm, at least every seven days after the day on which the detention begins and on the basis of the most recent medical examination or any other information, that continued detention is necessary if the officer has reasonable grounds to believe that the traveller poses a risk of significant harm to public health. The quarantine officer shall give the traveller a copy of the confirmation of detention detailing the reasons for the continued detention.\n(4) [Request for review] A traveller who has received a confirmation of detention under subsection (3) may request a review of the confirmation by transmitting a written request to that effect to a quarantine officer.\n(5) [Request] A quarantine officer who receives a request under subsection (4) shall immediately send it to a review officer designated under subsection 5(3).\n(6) [Release] The review officer shall, within 48 hours after receiving the request, conduct a review of the confirmation of detention and, if the review officer has reasonable grounds to believe that the traveller does not pose a risk of significant harm to public health, order the traveller’s release.",
|
| 489 |
"history": "",
|
| 490 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 491 |
"current_to": "2024-04-01",
|
| 492 |
"citation": "Quarantine Act, s. 29",
|
| 493 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-29.html"
|
|
@@ -505,6 +563,8 @@
|
|
| 505 |
"text": "30 The Minister may, on the Minister’s own motion, review any decision of a quarantine officer to detain a traveller and, if the Minister is of the opinion that the traveller does not pose a risk of significant harm to public health, order the traveller’s release.",
|
| 506 |
"history": "",
|
| 507 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 508 |
"current_to": "2024-04-01",
|
| 509 |
"citation": "Quarantine Act, s. 30",
|
| 510 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-30.html"
|
|
@@ -522,6 +582,8 @@
|
|
| 522 |
"text": "31\n(1) If a quarantine officer detains a traveller referred to in paragraph 28(1)(a), (c), (e) or (f), or a traveller referred to in paragraph 28(1)(b) who has refused to undergo the medical examination, the quarantine officer shall, as soon as reasonably practicable, apply to a judge of the superior court of the province in which the traveller is detained, or to a judge of the Federal Court, for an order requiring the traveller\n(a) to submit to a health assessment;\n(b) to submit to a medical examination;\n(c) to be treated;\n(d) to be disinfested; or\n(e) to undergo any other measure for preventing or controlling the spread of a communicable disease.\n(2) [Discretionary application for court order] If a quarantine officer detains a traveller referred to in paragraph 28(1)(b) who has not refused to undergo the medical examination, or a traveller referred to in paragraph 28(1)(d), the quarantine officer may apply to a judge of the superior court of the province in which the traveller is detained, or to a judge of the Federal Court, for an order referred to in any of paragraphs (1)(b) to (e).\n(3) [Court order for medical intervention] A judge may make an order under this section only if the judge is satisfied that\n(a) the order is appropriate to prevent or control a risk of significant harm to public health; and\n(b) other reasonable means are not available to prevent or control the risk.\n(4) [Technological means for appearance] The traveller may appear before the court by any technological means satisfactory to the court that permits the court and the traveller to communicate simultaneously if the court is satisfied that the use of the technology is necessary or prudent to prevent the spread of a communicable disease.",
|
| 523 |
"history": "",
|
| 524 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 525 |
"current_to": "2024-04-01",
|
| 526 |
"citation": "Quarantine Act, s. 31",
|
| 527 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-31.html"
|
|
@@ -539,6 +601,8 @@
|
|
| 539 |
"text": "32 A quarantine officer shall not detain a traveller if\n(a) the quarantine officer has reasonable grounds to believe that the traveller does not pose a risk of significant harm to public health;\n(b) the traveller is transferred to a public health authority under section 33;\n(c) the release of the traveller is ordered under subsection 29(6) or section 30; or\n(d) the quarantine officer has reasonable grounds to believe that other reasonable means are available to prevent or control a risk of significant harm to public health.",
|
| 540 |
"history": "",
|
| 541 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 542 |
"current_to": "2024-04-01",
|
| 543 |
"citation": "Quarantine Act, s. 32",
|
| 544 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-32.html"
|
|
@@ -556,6 +620,8 @@
|
|
| 556 |
"text": "33 A quarantine officer may at any time transfer a traveller detained by the quarantine officer under subsection 28(1) to a public health authority with the agreement of the authority or the province.",
|
| 557 |
"history": "",
|
| 558 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 559 |
"current_to": "2024-04-01",
|
| 560 |
"citation": "Quarantine Act, s. 33",
|
| 561 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-33.html"
|
|
@@ -573,6 +639,8 @@
|
|
| 573 |
"text": "33.1\n(1) As soon as practicable, a quarantine officer shall inform the provincial public health authority of any province concerned if\n(a) the quarantine officer has required a traveller to undergo a medical examination under subsection 22(1);\n(b) the quarantine officer has ordered the traveller to comply with treatment or any other measure under section 26;\n(c) a peace officer has arrested a traveller and taken them to the quarantine officer under section 27;\n(d) the quarantine officer is detaining a traveller under subsection 28(1); or\n(e) the quarantine officer does not detain a traveller, for the reasons set out in paragraph 32(d).\n(2) [Disclosure of information] The quarantine officer shall disclose to the provincial public health authority the following personal information regarding the traveller, to the extent that it is known:\n(a) the traveller’s name, sex, age and date of birth;\n(b) the traveller’s itinerary, home address and location;\n(c) the communicable disease in question and the state of the traveller’s health in respect of that disease; and\n(d) the manner in which the traveller may have acquired the communicable disease or vectors.\n(3) [Disclosure to provincial public health authority] The quarantine officer may disclose confidential business information or other personal information obtained under this Act to the provincial public health authority if the officer has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease.",
|
| 574 |
"history": "",
|
| 575 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 576 |
"current_to": "2024-04-01",
|
| 577 |
"citation": "Quarantine Act, s. 33.1",
|
| 578 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-33.1.html"
|
|
@@ -590,6 +658,8 @@
|
|
| 590 |
"text": "34\n(1) This section applies to the operator of any of the following conveyances:\n(a) a conveyance that is used in the business of carrying persons or cargo; and\n(b) a prescribed conveyance.\n(2) [Operator to inform quarantine officer before arrival] As soon as possible before a conveyance arrives at its destination in Canada, the operator shall inform a quarantine officer or cause a quarantine officer to be informed of any reasonable grounds to suspect that\n(a) any person, cargo or other thing on board the conveyance could cause the spreading of a communicable disease listed in the schedule;\n(b) a person on board the conveyance has died; or\n(c) any prescribed circumstances exist.\n(3) [Operator to inform quarantine officer before departure] As soon as possible before a conveyance departs from Canada through a departure point, the operator shall inform a quarantine officer or cause a quarantine officer to be informed of any circumstance referred to in paragraphs (2)(a) to (c) that exists.\n(4) [Exception] No operator contravenes subsection (2) if it is not reasonably possible for the operator to inform a quarantine officer or cause a quarantine officer to be informed before the conveyance’s arrival at its destination in Canada, as long as the operator does so on the conveyance’s arrival at that destination.",
|
| 591 |
"history": "2005, c. 20, s. 34; 2007, c. 27, s. 1",
|
| 592 |
"last_amended": "2007-06-22",
|
|
|
|
|
|
|
| 593 |
"current_to": "2024-04-01",
|
| 594 |
"citation": "Quarantine Act, s. 34",
|
| 595 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-34.html"
|
|
@@ -607,6 +677,8 @@
|
|
| 607 |
"text": "35 The Minister may order the diversion of a conveyance to any place in Canada specified by the Minister if the Minister has reasonable grounds to believe that doing so is necessary to prevent the introduction and spread of a communicable disease.",
|
| 608 |
"history": "",
|
| 609 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 610 |
"current_to": "2024-04-01",
|
| 611 |
"citation": "Quarantine Act, s. 35",
|
| 612 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-35.html"
|
|
@@ -624,6 +696,8 @@
|
|
| 624 |
"text": "35.1 If the Minister makes an order under section 35, the Minister may order a provider of air navigation services, within the meaning of section 2 of the Civil Air Navigation Services Commercialization Act, to relay the order.",
|
| 625 |
"history": "",
|
| 626 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 627 |
"current_to": "2024-04-01",
|
| 628 |
"citation": "Quarantine Act, s. 35.1",
|
| 629 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-35.1.html"
|
|
@@ -641,6 +715,8 @@
|
|
| 641 |
"text": "36 A person engaged in the business of carrying persons or cargo shall, at the request of a screening officer, a quarantine officer or an environmental health officer, communicate or distribute to travellers information or questionnaires provided by the officer.",
|
| 642 |
"history": "",
|
| 643 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 644 |
"current_to": "2024-04-01",
|
| 645 |
"citation": "Quarantine Act, s. 36",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-36.html"
|
|
@@ -658,6 +734,8 @@
|
|
| 658 |
"text": "37\n(1) If a screening officer has reasonable grounds to suspect that a conveyance, its cargo or any other thing on board the conveyance is a source of a communicable disease, the officer shall immediately inform an environmental health officer and follow any directive of that officer respecting the matter.\n(2) [Detention, etc.] The screening officer may detain the conveyance referred to in subsection (1), or the conveyance of an operator who does not comply with section 38, take any reasonable measures to prevent entry to or exit from it or access to it or its contents or take the conveyance to a specified place, until an environmental health officer inspects the conveyance.",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 661 |
"current_to": "2024-04-01",
|
| 662 |
"citation": "Quarantine Act, s. 37",
|
| 663 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-37.html"
|
|
@@ -675,6 +753,8 @@
|
|
| 675 |
"text": "38 The operator shall answer any relevant questions asked by a screening officer, a quarantine officer or an environmental health officer and provide the officer with any information or record in the operator’s possession that the officer may reasonably require in the performance of a duty under this Act.",
|
| 676 |
"history": "",
|
| 677 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 678 |
"current_to": "2024-04-01",
|
| 679 |
"citation": "Quarantine Act, s. 38",
|
| 680 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-38.html"
|
|
@@ -692,6 +772,8 @@
|
|
| 692 |
"text": "39\n(1) If an environmental health officer has reasonable grounds to believe that a conveyance, its cargo or any other thing on board the conveyance could be the source of a communicable disease, the officer may order the owner or operator of the conveyance or any person using it for the business of carrying persons or cargo to\n(a) take any reasonable measures to prevent entry to or exit from the conveyance or access to it or its contents;\n(b) take the conveyance to a specified place;\n(c) disinfect, disinfest, decontaminate or fumigate the conveyance, its contents or any place where the conveyance or its contents have been, in a manner directed by the officer;\n(d) destroy or dispose of the conveyance, its contents or any cargo or other thing that has been on board the conveyance;\n(e) carry out any measures reasonably necessary to prevent the introduction and spread of a communicable disease; or\n(f) remove the conveyance and its contents from Canada and present a declaration of health to the appropriate health authorities in the country of destination.\n(2) [Report to country of destination] An environmental health officer who makes an order under paragraph (1)(f) shall immediately report the evidence found on the conveyance and the control measures required to the appropriate authority in the country of destination.",
|
| 693 |
"history": "",
|
| 694 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 695 |
"current_to": "2024-04-01",
|
| 696 |
"citation": "Quarantine Act, s. 39",
|
| 697 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-39.html"
|
|
@@ -709,6 +791,8 @@
|
|
| 709 |
"text": "40\n(1) If a person refuses to obey the order of an environmental health officer made under subsection 39(1), the officer may carry out the order themself, or order another person to carry it out.\n(2) [Informing of action] After the order is carried out, the environmental health officer shall, as soon as practicable, advise the person who refused to obey the order of the action taken and the place where the conveyance and its contents are being kept.",
|
| 710 |
"history": "",
|
| 711 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 712 |
"current_to": "2024-04-01",
|
| 713 |
"citation": "Quarantine Act, s. 40",
|
| 714 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-40.html"
|
|
@@ -726,6 +810,8 @@
|
|
| 726 |
"text": "40.1 No person is required to carry out an order under subsection 39(1) if doing so would expose them to a danger as defined in subsection 122(1) of the Canada Labour Code.",
|
| 727 |
"history": "",
|
| 728 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 729 |
"current_to": "2024-04-01",
|
| 730 |
"citation": "Quarantine Act, s. 40.1",
|
| 731 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-40.1.html"
|
|
@@ -743,6 +829,8 @@
|
|
| 743 |
"text": "40.2\n(1) As soon as practicable, an environmental health officer shall inform the provincial public health authority of any province concerned if\n(a) a conveyance has been diverted under section 35; or\n(b) the environmental health officer has ordered anything to be done under subsection 39(1).\n(2) [Disclosure of information] The environmental health officer shall disclose to the provincial public health authority the following information regarding the conveyance, to the extent that it is known:\n(a) a description of the conveyance and its itinerary;\n(b) everything ordered to be done under subsection 39(1) and the reasons why it was ordered to be done;\n(c) the communicable disease in question; and\n(d) the name and location of the operator of the conveyance and of any person using it for the business of carrying persons or cargo.\n(3) [Disclosure to provincial public health authority] The environmental health officer may disclose confidential business information or personal information obtained under this Act to the provincial public health authority if the officer has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease.",
|
| 744 |
"history": "",
|
| 745 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 746 |
"current_to": "2024-04-01",
|
| 747 |
"citation": "Quarantine Act, s. 40.2",
|
| 748 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-40.2.html"
|
|
@@ -760,6 +848,8 @@
|
|
| 760 |
"text": "41\n(1) A person who is subject to an order referred to in section 39 shall pay any cost of carrying out the order.\n(2) [Detention until costs paid] An environmental health officer may detain the conveyance and its contents until the cost of carrying out the order has been paid.",
|
| 761 |
"history": "",
|
| 762 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 763 |
"current_to": "2024-04-01",
|
| 764 |
"citation": "Quarantine Act, s. 41",
|
| 765 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-41.html"
|
|
@@ -777,6 +867,8 @@
|
|
| 777 |
"text": "42\n(1) A person engaged in the business of carrying persons or cargo shall, when required by the Minister to do so, deposit with the Minister any sum of money or other security that the Minister considers necessary as a guarantee that the person will comply with this Act.\n(2) [Payment out of security deposited] The Minister may pay from the deposited money, or the proceeds of sale of the security, a fine or costs incurred by the person if\n(a) the person fails to pay any amount under subsection 41(1) or publication costs under paragraph 80(1)(g) or subsection 80(3); or\n(b) the person is convicted of an offence under this Act and fails to pay a fine.\n(3) [Return of security] The Minister shall return the money or other security if, in the opinion of the Minister, that security is no longer required.",
|
| 778 |
"history": "",
|
| 779 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 780 |
"current_to": "2024-04-01",
|
| 781 |
"citation": "Quarantine Act, s. 42",
|
| 782 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-42.html"
|
|
@@ -794,6 +886,8 @@
|
|
| 794 |
"text": "43 The Minister may compensate the owner of any conveyance, cargo or other thing that is damaged or destroyed under section 39 or 40 in an amount equal to the market value, as determined by the Minister, that the property had at the time of its damage or destruction, less any amount that the owner received or is entitled to receive in respect of it from salvage, insurance or any other source.",
|
| 795 |
"history": "",
|
| 796 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 797 |
"current_to": "2024-04-01",
|
| 798 |
"citation": "Quarantine Act, s. 43",
|
| 799 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-43.html"
|
|
@@ -811,6 +905,8 @@
|
|
| 811 |
"text": "44\n(1) Every operator carrying a cadaver, a body part or other human remains into Canada shall provide a copy of the death certificate to the screening officer at the entry point.\n(2) [No death certificate or communicable disease] If the operator does not provide a death certificate or the screening officer has reasonable grounds to suspect that the cadaver, body part or other human remains have or might have a communicable disease or are infested with vectors, the screening officer shall immediately inform a quarantine officer and follow any directive of that officer respecting the matter.\n(3) [Directive] The operator shall comply with any directive of the quarantine officer respecting the cadaver, body part or other human remains.",
|
| 812 |
"history": "",
|
| 813 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 814 |
"current_to": "2024-04-01",
|
| 815 |
"citation": "Quarantine Act, s. 44",
|
| 816 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-44.html"
|
|
@@ -828,6 +924,8 @@
|
|
| 828 |
"text": "45 No person shall export a cadaver, a body part or other human remains that have or might have a communicable disease listed in the schedule unless the exportation is in accordance with the regulations or is authorized by the Minister.",
|
| 829 |
"history": "",
|
| 830 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 831 |
"current_to": "2024-04-01",
|
| 832 |
"citation": "Quarantine Act, s. 45",
|
| 833 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-45.html"
|
|
@@ -845,6 +943,8 @@
|
|
| 845 |
"text": "46 Sections 44 and 45 do not apply to the import or export of cells, tissues or organs for transplantation that are imported or exported in accordance with the Food and Drugs Act.",
|
| 846 |
"history": "",
|
| 847 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 848 |
"current_to": "2024-04-01",
|
| 849 |
"citation": "Quarantine Act, s. 46",
|
| 850 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-46.html"
|
|
@@ -862,6 +962,8 @@
|
|
| 862 |
"text": "47\n(1) A quarantine officer or an environmental health officer may, to determine whether a conveyance or place, or any contents within it, could be the source of a communicable disease, or whether a traveller has or might have a communicable disease or is infested with vectors, and to enforce this Act,\n(a) stop a conveyance, at an entry or departure point or anywhere else in Canada, and direct that it be moved to a place where an inspection can be carried out;\n(b) enter and inspect the conveyance or any place where the conveyance has been;\n(c) open and examine any cargo, container, baggage, package or other thing;\n(d) require any person to produce any record under any terms and conditions that, in the opinion of the officer, are necessary to carry out the inspection;\n(e) except with respect to a traveller, conduct or cause to be conducted any test or analysis or take or cause to be taken any sample; and\n(f) except with respect to a traveller, take any measurement.\n(2) [Operation of data processing systems and copying equipment] In conducting the inspection, the officer may\n(a) use or cause to be used any computer or data processing system to examine any data contained in or available to it;\n(b) obtain data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and\n(c) use or cause to be used any copying equipment to make copies of any record or other document.\n(3) [Powers of the screening officer] A screening officer may exercise any of the powers set out in this section, other than those set out in paragraph (1)(e).",
|
| 863 |
"history": "",
|
| 864 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 865 |
"current_to": "2024-04-01",
|
| 866 |
"citation": "Quarantine Act, s. 47",
|
| 867 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-47.html"
|
|
@@ -879,6 +981,8 @@
|
|
| 879 |
"text": "48\n(1) A quarantine officer and an environmental health officer may not enter or inspect a dwelling-place without the consent of its occupant except under the authority of a warrant.\n(2) [Authority to issue warrant] A justice may, on ex parte application, at any time sign and issue a warrant authorizing the officer named in it to enter and inspect a dwelling-place, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that\n(a) the dwelling-place or its contents could be the source of a communicable disease;\n(b) entry to the dwelling-place is necessary for a purpose relating to the administration of this Act; and\n(c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that it will be refused.\n(3) [Use of force] A quarantine officer or an environmental health officer who executes a warrant shall not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.",
|
| 880 |
"history": "",
|
| 881 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 882 |
"current_to": "2024-04-01",
|
| 883 |
"citation": "Quarantine Act, s. 48",
|
| 884 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-48.html"
|
|
@@ -896,6 +1000,8 @@
|
|
| 896 |
"text": "49 A quarantine officer and an environmental health officer are public officers for the purposes of the application of section 487 of the Criminal Code in respect of an offence under this Act.",
|
| 897 |
"history": "",
|
| 898 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 899 |
"current_to": "2024-04-01",
|
| 900 |
"citation": "Quarantine Act, s. 49",
|
| 901 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-49.html"
|
|
@@ -913,6 +1019,8 @@
|
|
| 913 |
"text": "50 The owner or the person in charge of a place or conveyance inspected by a quarantine officer or an environmental health officer under section 47 and any person found in the place shall\n(a) give the officer all reasonable assistance to enable the officer to perform their duties and functions under this Act; and\n(b) provide the officer with any information relevant to the administration of this Act that the officer may reasonably request.",
|
| 914 |
"history": "",
|
| 915 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 916 |
"current_to": "2024-04-01",
|
| 917 |
"citation": "Quarantine Act, s. 50",
|
| 918 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-50.html"
|
|
@@ -930,6 +1038,8 @@
|
|
| 930 |
"text": "51 A quarantine officer or an environmental health officer may order any person to provide any information or record in their possession about a traveller that the officer may reasonably require in the performance of the officer’s duties and functions under this Act, or to give the officer access to such information.",
|
| 931 |
"history": "",
|
| 932 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 933 |
"current_to": "2024-04-01",
|
| 934 |
"citation": "Quarantine Act, s. 51",
|
| 935 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-51.html"
|
|
@@ -947,6 +1057,8 @@
|
|
| 947 |
"text": "52 A peace officer shall provide any assistance that an officer acting under this Act may request for the purpose of administering or enforcing this Act.",
|
| 948 |
"history": "",
|
| 949 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 950 |
"current_to": "2024-04-01",
|
| 951 |
"citation": "Quarantine Act, s. 52",
|
| 952 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-52.html"
|
|
@@ -964,6 +1076,8 @@
|
|
| 964 |
"text": "53 A screening officer, a quarantine officer or an environmental health officer may exercise any power or perform any duty or function under this Act respecting a traveller or conveyance at an entry point in another country if doing so does not conflict with the laws of that country.",
|
| 965 |
"history": "",
|
| 966 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 967 |
"current_to": "2024-04-01",
|
| 968 |
"citation": "Quarantine Act, s. 53",
|
| 969 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-53.html"
|
|
@@ -981,6 +1095,8 @@
|
|
| 981 |
"text": "54\n(1) A person who, in good faith, reports to a screening officer, a quarantine officer or an environmental health officer a contravention of this Act by another person, or the reasonable likelihood of such a contravention, may request that their identity, and any information that could reasonably reveal their identity, not be disclosed to their employer or the other person.\n(2) [Confidentiality] Subject to any other Act of Parliament, no person shall disclose or permit the disclosure of that identity or information unless authorized in writing by the person who made the request.\n(3) [Protection of person] Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage a person for having\n(a) made a report under subsection (1);\n(b) refused or stated an intention of refusing to do anything that they believed on reasonable grounds was or would be a contravention under this Act; or\n(c) done or stated an intention to do anything that they believed on reasonable grounds was required under this Act.",
|
| 982 |
"history": "",
|
| 983 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 984 |
"current_to": "2024-04-01",
|
| 985 |
"citation": "Quarantine Act, s. 54",
|
| 986 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-54.html"
|
|
@@ -998,6 +1114,8 @@
|
|
| 998 |
"text": "55 The Minister may collect relevant medical information in order to carry out the purposes of this Act.",
|
| 999 |
"history": "",
|
| 1000 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1001 |
"current_to": "2024-04-01",
|
| 1002 |
"citation": "Quarantine Act, s. 55",
|
| 1003 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-55.html"
|
|
@@ -1015,6 +1133,8 @@
|
|
| 1015 |
"text": "56\n(1) The Minister may disclose confidential business information or personal information obtained under this Act to a department or to an agency of the Government of Canada or of a province, a government or public health authority, whether domestic or foreign, a health practitioner or an international health organization if the Minister has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease or to enable Canada to fulfill its international obligations.\n(2) [Disclosure to person in transport business] The Minister may disclose personal information obtained under this Act to a person engaged in the business of carrying persons or cargo, or to an international transportation organization, if the Minister has reasonable grounds to believe that the person to whom the information relates has or might have a communicable disease, or has recently been in close proximity to a person who has or might have a communicable disease, and that the disclosure is necessary to prevent the spread of the disease.\n(3) [Notification of disclosure] If any personal information or confidential business information is disclosed under this section, the Minister shall notify the person or business to whom the information relates of the disclosure.",
|
| 1016 |
"history": "",
|
| 1017 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1018 |
"current_to": "2024-04-01",
|
| 1019 |
"citation": "Quarantine Act, s. 56",
|
| 1020 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-56.html"
|
|
@@ -1032,6 +1152,8 @@
|
|
| 1032 |
"text": "57 If the Minister has reasonable grounds to suspect that information obtained in the administration of this Act would be relevant to investigating or prosecuting an offence under Part II.1 of the Criminal Code involving an infectious agent or biological toxin, the Minister may disclose any of the following information to a peace officer:\n(a) the name, sex, age and date of birth of the traveller;\n(b) a photograph of the traveller and any other means of identifying them;\n(c) the traveller’s itinerary, home address and location;\n(d) the description of any conveyance used for carrying the traveller;\n(e) the name of the infectious agent or biological toxin; and\n(f) the manner in which the traveller may have acquired the communicable disease or vectors.",
|
| 1033 |
"history": "",
|
| 1034 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1035 |
"current_to": "2024-04-01",
|
| 1036 |
"citation": "Quarantine Act, s. 57",
|
| 1037 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-57.html"
|
|
@@ -1049,6 +1171,8 @@
|
|
| 1049 |
"text": "58\n(1) The Governor in Council may make an order prohibiting or subjecting to any condition the entry into Canada of any class of persons who have been in a foreign country or a specified part of a foreign country if the Governor in Council is of the opinion that\n(a) there is an outbreak of a communicable disease in the foreign country;\n(b) the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;\n(c) the entry of members of that class of persons into Canada may introduce or contribute to the spread of the communicable disease in Canada; and\n(d) no reasonable alternatives to prevent the introduction or spread of the disease are available.\n(2) [Effect of order] The order has effect for the period specified in it and may be renewed if the conditions in subsection (1) continue to apply.",
|
| 1050 |
"history": "",
|
| 1051 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1052 |
"current_to": "2024-04-01",
|
| 1053 |
"citation": "Quarantine Act, s. 58",
|
| 1054 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-58.html"
|
|
@@ -1066,6 +1190,8 @@
|
|
| 1066 |
"text": "59 The Governor in Council may make an order prohibiting or subjecting to any condition the importing of any thing into Canada or any part of Canada, either generally or from any place named in the order, for any period that the Governor in Council considers necessary for the purpose of preventing the introduction or spread of a communicable disease in Canada.",
|
| 1067 |
"history": "",
|
| 1068 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1069 |
"current_to": "2024-04-01",
|
| 1070 |
"citation": "Quarantine Act, s. 59",
|
| 1071 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-59.html"
|
|
@@ -1083,6 +1209,8 @@
|
|
| 1083 |
"text": "60\n(1) The Minister may make an interim order containing any provision that could be contained in a regulation made under section 62 or 63 if the Minister is of the opinion that immediate action is required to deal with a significant risk, direct or indirect, to public health.\n(2) [Cessation of effect] The interim order has effect from the time that it is made but ceases to have effect on the earliest of\n(a) 14 days after the day on which it is made, unless it is approved by the Governor in Council,\n(b) the day on which it is repealed,\n(c) the day on which a regulation made under section 62 or 63 that has the same effect as the interim order comes into force, and\n(d) one year after the day on which it is made or any shorter period that it specifies.\n(3) [Deeming] For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to any portion of an interim order containing a provision that may be contained in a regulation made under the specified provision.",
|
| 1084 |
"history": "",
|
| 1085 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1086 |
"current_to": "2024-04-01",
|
| 1087 |
"citation": "Quarantine Act, s. 60",
|
| 1088 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-60.html"
|
|
@@ -1100,6 +1228,8 @@
|
|
| 1100 |
"text": "61\n(1) An order made under any of sections 58 to 60\n(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and\n(b) shall be published in the Canada Gazette within 23 days after the day on which it is made.\n(2) [Tabling of order] A copy of the order shall be tabled in each House of Parliament within 15 days after the day on which it is made.\n(3) [House not sitting] In order to comply with subsection (2), the order may be sent to the Clerk of the House if the House is not sitting.\n(4) [Contravention of unpublished order] No person shall be convicted of an offence consisting of a contravention of the order if, at the time of the alleged contravention, the order had not been published in the Canada Gazette, unless it is proved that, at the time of the alleged contravention, the person had been notified of the order or reasonable steps had been taken to bring the purport of the order to the notice of persons likely to be affected by it.",
|
| 1101 |
"history": "",
|
| 1102 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1103 |
"current_to": "2024-04-01",
|
| 1104 |
"citation": "Quarantine Act, s. 61",
|
| 1105 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-61.html"
|
|
@@ -1117,6 +1247,8 @@
|
|
| 1117 |
"text": "62 The Governor in Council may make regulations\n(a) respecting physical examinations carried out for the purposes of a health assessment;\n(a.1) respecting any compensation that is to be paid under this Act;\n(b) respecting the types of costs that a person is not required to pay under section 41;\n(c) respecting the location, design, construction, installation, operation, maintenance, marking and modification of a quarantine facility or quarantine station;\n(c.1) respecting the specifications for areas and facilities provided under subsection 6(2);\n(d) respecting the process of review under section 29;\n(e) respecting the information to be provided by the operator of a conveyance and any other traveller on board;\n(f) respecting the information to be provided by a traveller;\n(g) after consultation with the Privacy Commissioner, as defined in the Privacy Act, respecting the protection of personal information;\n(h) respecting the place and manner of embarkation of travellers at a departure point, or disembarkation of travellers at an entry point, and the loading and unloading of goods and cargo onto and from a conveyance;\n(i) respecting the methods of disinfecting, disinfesting, decontaminating or fumigating conveyances, goods, cargo and places and of disinfesting travellers;\n(j) respecting the declaration of health referred to in paragraph 39(1)(f);\n(k) respecting the carrying into Canada of, the exporting from Canada of, or the transportation and the handling of, cadavers, body parts or other human remains that have, or are suspected of having, a communicable disease or that are, or are suspected of being, infested with vectors;\n(l) respecting the process for applications to the Federal Court for matters under this Act;\n(m) exempting any person or class of persons from the application of all or any of the provisions of this Act;\n(n) respecting anything that may be prescribed under this Act; and\n(o) generally, for carrying out the purposes and provisions of this Act.",
|
| 1118 |
"history": "",
|
| 1119 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1120 |
"current_to": "2024-04-01",
|
| 1121 |
"citation": "Quarantine Act, s. 62",
|
| 1122 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-62.html"
|
|
@@ -1134,6 +1266,8 @@
|
|
| 1134 |
"text": "62.1 [Repealed, 2019, c. 29, s. 220]",
|
| 1135 |
"history": "",
|
| 1136 |
"last_amended": "2019-06-21",
|
|
|
|
|
|
|
| 1137 |
"current_to": "2024-04-01",
|
| 1138 |
"citation": "Quarantine Act, s. 62.1",
|
| 1139 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-62.1.html"
|
|
@@ -1151,6 +1285,8 @@
|
|
| 1151 |
"text": "62.2 [Repealed, 2019, c. 29, s. 220]",
|
| 1152 |
"history": "",
|
| 1153 |
"last_amended": "2019-06-21",
|
|
|
|
|
|
|
| 1154 |
"current_to": "2024-04-01",
|
| 1155 |
"citation": "Quarantine Act, s. 62.2",
|
| 1156 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-62.2.html"
|
|
@@ -1168,6 +1304,8 @@
|
|
| 1168 |
"text": "63 The Minister may make regulations amending the schedule by adding, deleting or amending the name of any communicable disease.",
|
| 1169 |
"history": "2005, c. 20, s. 63; 2007, c. 27, s. 2",
|
| 1170 |
"last_amended": "2007-06-22",
|
|
|
|
|
|
|
| 1171 |
"current_to": "2024-04-01",
|
| 1172 |
"citation": "Quarantine Act, s. 63",
|
| 1173 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-63.html"
|
|
@@ -1185,6 +1323,8 @@
|
|
| 1185 |
"text": "64 For greater certainty, orders made under this Act by the Minister, a screening officer, a quarantine officer or an environmental health officer, including orders made under subsection 15(3) or 25(1), section 26 or 35, subsection 39(1) or 44(3) or section 51, are not regulations for the purposes of the Statutory Instruments Act.",
|
| 1186 |
"history": "",
|
| 1187 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1188 |
"current_to": "2024-04-01",
|
| 1189 |
"citation": "Quarantine Act, s. 64",
|
| 1190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-64.html"
|
|
@@ -1202,6 +1342,8 @@
|
|
| 1202 |
"text": "65\n(1) No person shall enter a quarantine facility without the authorization of a quarantine officer.\n(2) [Leaving quarantine facility] No person shall leave a quarantine facility without the authorization of a quarantine officer.",
|
| 1203 |
"history": "",
|
| 1204 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1205 |
"current_to": "2024-04-01",
|
| 1206 |
"citation": "Quarantine Act, s. 65",
|
| 1207 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-65.html"
|
|
@@ -1219,6 +1361,8 @@
|
|
| 1219 |
"text": "66 No person shall hinder or wilfully obstruct a quarantine officer, a screening officer or an environmental health officer who is carrying out their duties or functions under this Act, or make a false or misleading statement, either orally or in writing, to the officer.",
|
| 1220 |
"history": "",
|
| 1221 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1222 |
"current_to": "2024-04-01",
|
| 1223 |
"citation": "Quarantine Act, s. 66",
|
| 1224 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-66.html"
|
|
@@ -1236,6 +1380,8 @@
|
|
| 1236 |
"text": "67\n(1) Every person is guilty of an offence if they cause a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening this Act or the regulations.\n(2) [Punishment] Every person who commits an offence under subsection (1) is liable\n(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and\n(b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1237 |
"history": "",
|
| 1238 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1239 |
"current_to": "2024-04-01",
|
| 1240 |
"citation": "Quarantine Act, s. 67",
|
| 1241 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-67.html"
|
|
@@ -1253,6 +1399,8 @@
|
|
| 1253 |
"text": "68 Every person who fails to comply with an obligation imposed under subsection 15(3) or 25(1) or section 26 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1254 |
"history": "",
|
| 1255 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1256 |
"current_to": "2024-04-01",
|
| 1257 |
"citation": "Quarantine Act, s. 68",
|
| 1258 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-68.html"
|
|
@@ -1270,6 +1418,8 @@
|
|
| 1270 |
"text": "69 Every person who fails to comply with an obligation imposed under section 35, subsection 39(1) or 44(3) or section 51 is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1271 |
"history": "",
|
| 1272 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1273 |
"current_to": "2024-04-01",
|
| 1274 |
"citation": "Quarantine Act, s. 69",
|
| 1275 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-69.html"
|
|
@@ -1287,6 +1437,8 @@
|
|
| 1287 |
"text": "70 Every person who contravenes section 12 or 13, subsection 15(1) or section 65 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1288 |
"history": "",
|
| 1289 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1290 |
"current_to": "2024-04-01",
|
| 1291 |
"citation": "Quarantine Act, s. 70",
|
| 1292 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-70.html"
|
|
@@ -1304,6 +1456,8 @@
|
|
| 1304 |
"text": "71 Every person who contravenes subsection 6(2), 8(1) or 34(2) or (3), section 36 or 38, subsection 42(1), section 45 or 50, subsection 54(3), section 58 or 59 or subsection 73(2) or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1305 |
"history": "2005, c. 20, s. 71; 2007, c. 27, s. 3",
|
| 1306 |
"last_amended": "2007-06-22",
|
|
|
|
|
|
|
| 1307 |
"current_to": "2024-04-01",
|
| 1308 |
"citation": "Quarantine Act, s. 71",
|
| 1309 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-71.html"
|
|
@@ -1321,6 +1475,8 @@
|
|
| 1321 |
"text": "72 Every person who contravenes subsection 15(2) or section 66 is guilty of an offence and liable\n(a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both; or\n(b) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1322 |
"history": "",
|
| 1323 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1324 |
"current_to": "2024-04-01",
|
| 1325 |
"citation": "Quarantine Act, s. 72",
|
| 1326 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-72.html"
|
|
@@ -1338,6 +1494,8 @@
|
|
| 1338 |
"text": "73\n(1) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to, and guilty of, the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.\n(2) [Duty to ensure compliance] Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.",
|
| 1339 |
"history": "",
|
| 1340 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1341 |
"current_to": "2024-04-01",
|
| 1342 |
"citation": "Quarantine Act, s. 73",
|
| 1343 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-73.html"
|
|
@@ -1355,6 +1513,8 @@
|
|
| 1355 |
"text": "74 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that\n(a) the offence was committed without the accused’s knowledge or consent; and\n(b) the accused exercised all due diligence to prevent its commission.",
|
| 1356 |
"history": "",
|
| 1357 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1358 |
"current_to": "2024-04-01",
|
| 1359 |
"citation": "Quarantine Act, s. 74",
|
| 1360 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-74.html"
|
|
@@ -1372,6 +1532,8 @@
|
|
| 1372 |
"text": "75 If an offence under this Act is continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is continued.",
|
| 1373 |
"history": "",
|
| 1374 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1375 |
"current_to": "2024-04-01",
|
| 1376 |
"citation": "Quarantine Act, s. 75",
|
| 1377 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-75.html"
|
|
@@ -1389,6 +1551,8 @@
|
|
| 1389 |
"text": "76\n(1) A proceeding by way of summary conviction in respect of an offence under this Act may be commenced at any time within two years after the day on which the Minister becomes aware of the subject-matter of the proceeding.\n(2) [Minister’s certificate] A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of the proceeding, is evidence of that fact without proof of the signature or official character of the person appearing to have signed it and without further proof.",
|
| 1390 |
"history": "",
|
| 1391 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1392 |
"current_to": "2024-04-01",
|
| 1393 |
"citation": "Quarantine Act, s. 76",
|
| 1394 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-76.html"
|
|
@@ -1406,6 +1570,8 @@
|
|
| 1406 |
"text": "77 An information in respect of an offence under this Act may be tried, determined or adjudged by a summary conviction court if the defendant is resident or carrying on business within the territorial division of the court, even if the matter of the information did not arise in that territorial division.",
|
| 1407 |
"history": "",
|
| 1408 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1409 |
"current_to": "2024-04-01",
|
| 1410 |
"citation": "Quarantine Act, s. 77",
|
| 1411 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-77.html"
|
|
@@ -1423,6 +1589,8 @@
|
|
| 1423 |
"text": "78\n(1) A quarantine officer or an environmental health officer may submit to an analyst, for analysis or examination, any sample taken under paragraph 47(1)(e).\n(2) [Certificate of analyst] A certificate of an analyst stating that the analyst has analyzed or examined a sample and stating the result of the analysis or examination is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed it.\n(3) [Attendance of analyst] The party against whom the certificate is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.\n(4) [Notice] The certificate may not be received in evidence unless the party who intends to produce it has given the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.",
|
| 1424 |
"history": "",
|
| 1425 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1426 |
"current_to": "2024-04-01",
|
| 1427 |
"citation": "Quarantine Act, s. 78",
|
| 1428 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-78.html"
|
|
@@ -1440,6 +1608,8 @@
|
|
| 1440 |
"text": "79 If an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may make an order that the offender comply with any condition that has any or all of the effects described in section 80.",
|
| 1441 |
"history": "",
|
| 1442 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1443 |
"current_to": "2024-04-01",
|
| 1444 |
"citation": "Quarantine Act, s. 79",
|
| 1445 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-79.html"
|
|
@@ -1457,6 +1627,8 @@
|
|
| 1457 |
"text": "80\n(1) If an offender is convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Act, make an order that has any or all of the following effects:\n(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;\n(b) directing the offender to take any measures that the court considers appropriate to avoid harm to public health that results from or may result from the act or omission that constituted the offence, or to remedy that harm;\n(c) directing the offender to publish, in any manner that the court directs, at the offender’s own expense, the facts relating to the offence and an apology for any harm caused by the offence;\n(d) directing the offender, at the offender’s own expense, to notify any person who is aggrieved or affected by the offender’s conduct of the facts relating to the conviction;\n(e) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure compliance with any condition required under this section;\n(f) directing the offender to submit to the Minister, on application by the Attorney General of Canada made within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;\n(g) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive measure taken by the Minister as a result of the act or omission that constituted the offence;\n(h) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;\n(i) directing the offender to pay an amount that the court considers appropriate for the purpose of conducting research; and\n(j) requiring the offender to comply with any other conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Act.\n(2) [Coming into force and duration of order] An order made under section 79 or subsection (1) comes into force on the day on which the order is made or on any other day that the court determines but may not continue in force for more than three years after that day.\n(3) [Publication] If an offender does not comply with an order requiring the publication of facts relating to the offence, the Minister may publish the facts and recover the costs of publication from the offender.\n(4) [Debt due to Her Majesty] If the court orders the offender to compensate the Minister or if the Minister incurs publication costs under paragraph (1)(g) or subsection (3), the costs incurred by the Minister constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.",
|
| 1458 |
"history": "",
|
| 1459 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1460 |
"current_to": "2024-04-01",
|
| 1461 |
"citation": "Quarantine Act, s. 80",
|
| 1462 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-80.html"
|
|
@@ -1474,6 +1646,8 @@
|
|
| 1474 |
"text": "81 [Amendment]",
|
| 1475 |
"history": "",
|
| 1476 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1477 |
"current_to": "2024-04-01",
|
| 1478 |
"citation": "Quarantine Act, s. 81",
|
| 1479 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-81.html"
|
|
@@ -1491,6 +1665,8 @@
|
|
| 1491 |
"text": "82 [Repeal]",
|
| 1492 |
"history": "",
|
| 1493 |
"last_amended": "2006-12-12",
|
|
|
|
|
|
|
| 1494 |
"current_to": "2024-04-01",
|
| 1495 |
"citation": "Quarantine Act, s. 82",
|
| 1496 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-82.html"
|
|
@@ -1508,6 +1684,8 @@
|
|
| 1508 |
"text": "83 [Amendment]",
|
| 1509 |
"history": "",
|
| 1510 |
"last_amended": "2005-05-13",
|
|
|
|
|
|
|
| 1511 |
"current_to": "2024-04-01",
|
| 1512 |
"citation": "Quarantine Act, s. 83",
|
| 1513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-83.html"
|
|
@@ -1525,6 +1703,8 @@
|
|
| 1525 |
"text": "*84 The provisions of this Act, other than section 83, come into force on a day or days to be fixed by order of the Governor in Council.\n* [Note: Act, other than section 34, and other than section 83 in force on assent May 13, 2005, in force December 12, 2006, see SI/2006-143; section 34 in force June 22, 2007, see 2007, c. 27, s. 5.]",
|
| 1526 |
"history": "",
|
| 1527 |
"last_amended": "2007-06-22",
|
|
|
|
|
|
|
| 1528 |
"current_to": "2024-04-01",
|
| 1529 |
"citation": "Quarantine Act, s. *84",
|
| 1530 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-*84.html"
|
|
|
|
| 12 |
"text": "1 This Act may be cited as the Quarantine Act.",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2006-12-12",
|
| 15 |
+
"in_force": "2006-12-12",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2024-04-01",
|
| 18 |
"citation": "Quarantine Act, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-1.html"
|
|
|
|
| 31 |
"text": "2 The following definitions apply in this Act.\ncommunicable disease means a human disease that is caused by an infectious agent or a biological toxin and poses a risk of significant harm to public health, or a disease listed in the schedule, and includes an infectious agent that causes a communicable disease. (maladie transmissible)\nconveyance means a watercraft, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container, that arrives in Canada or is in the process of departing from Canada. (véhicule)\ndeparture point means any point designated by the Minister under section 10. (point de sortie)\nentry point means a point designated by the Minister under section 9 or a point where a customs office, within the meaning of subsection 2(1) of the Customs Act, is located. (point d’entrée)\nhealth assessment means an evaluation of the relevant medical history and the travel history of a traveller and a physical examination, including an examination of the traveller’s head, neck and extremities and the measurement of vital signs such as the traveller’s temperature, heart rate and respiratory rate. (contrôle médical)\nmedical examination includes ascertaining the relevant medical history and the travel history of the person being examined, the conduct of a physical examination and any laboratory tests or radiographic or diagnostic tests that are required to make a determination of whether the person might have a communicable disease. (examen médical)\nmedical practitioner means a person who is entitled to practise medicine by the laws of a province. (médecin)\nMinister means the Minister of Health. (ministre)\noperator means any person in charge of a conveyance, and includes the conveyance crew. (conducteur)\nowner, other than in section 43, includes a lessee. (propriétaire)\npeace officer means a person referred to in paragraphs (c) and (g) of the definition peace officer in section 2 of the Criminal Code. (agent de la paix)\nprescribed means prescribed by regulation. (Version anglaise seulement)\nquarantine facility means any place that is used for the detention of a traveller. (installation de quarantaine)\nquarantine station means any place that is used for the administration and enforcement of this Act. (poste de quarantaine)\nscreening officer means a person designated as a screening officer under subsection 5(1) or an officer within the meaning of subsection 2(1) of the Customs Act. (agent de contrôle)\ntraveller means a person, including the operator of a conveyance, who arrives in Canada or is in the process of departing from Canada. (voyageur)\nvector means an insect or animal capable of transmitting a communicable disease. (vecteur)",
|
| 32 |
"history": "",
|
| 33 |
"last_amended": "2006-12-12",
|
| 34 |
+
"in_force": "2006-12-12",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2024-04-01",
|
| 37 |
"citation": "Quarantine Act, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-2.html"
|
|
|
|
| 50 |
"text": "3 This Act is binding on Her Majesty in right of Canada or of a province.",
|
| 51 |
"history": "",
|
| 52 |
"last_amended": "2006-12-12",
|
| 53 |
+
"in_force": "2006-12-12",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2024-04-01",
|
| 56 |
"citation": "Quarantine Act, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-3.html"
|
|
|
|
| 69 |
"text": "4 The purpose of this Act is to protect public health by taking comprehensive measures to prevent the introduction and spread of communicable diseases.",
|
| 70 |
"history": "",
|
| 71 |
"last_amended": "2006-12-12",
|
| 72 |
+
"in_force": "2006-12-12",
|
| 73 |
+
"status": "in force",
|
| 74 |
"current_to": "2024-04-01",
|
| 75 |
"citation": "Quarantine Act, s. 4",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-4.html"
|
|
|
|
| 88 |
"text": "5\n(1) The Minister may designate qualified persons, or classes of qualified persons, as analysts, screening officers or environmental health officers.\n(2) [Designating quarantine officers] The Minister may designate medical practitioners or other qualified health care practitioners, or classes of such persons, as quarantine officers.\n(3) [Designating review officers] The Minister may designate medical practitioners as review officers.\n(4) [Certificate to be produced] The Minister shall give a certificate of designation to every screening officer who is not also a customs officer, to every quarantine officer and to every environmental health officer. An officer to whom a certificate has been given shall produce it, on request, to the person in charge of a place or conveyance that the officer inspects and to any person that the officer questions.",
|
| 89 |
"history": "",
|
| 90 |
"last_amended": "2006-12-12",
|
| 91 |
+
"in_force": "2006-12-12",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2024-04-01",
|
| 94 |
"citation": "Quarantine Act, s. 5",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-5.html"
|
|
|
|
| 107 |
"text": "6\n(1) The Minister may establish a quarantine station at any place in Canada.\n(2) [Provision and maintenance of area or facility] The operator of a facility in which a customs office, within the meaning of subsection 2(1) of the Customs Act, is located shall, when required in writing by the Minister, provide and maintain free of charge any area or facility, along with its fixtures, that the Minister considers necessary for establishing a quarantine station.",
|
| 108 |
"history": "",
|
| 109 |
"last_amended": "2006-12-12",
|
| 110 |
+
"in_force": "2006-12-12",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2024-04-01",
|
| 113 |
"citation": "Quarantine Act, s. 6",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-6.html"
|
|
|
|
| 126 |
"text": "7 The Minister may by order designate any place in Canada as a quarantine facility and amend, cancel or reinstate the designation.",
|
| 127 |
"history": "",
|
| 128 |
"last_amended": "2006-12-12",
|
| 129 |
+
"in_force": "2006-12-12",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2024-04-01",
|
| 132 |
"citation": "Quarantine Act, s. 7",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-7.html"
|
|
|
|
| 145 |
"text": "8\n(1) Any person in charge of a place shall, at the request of the Minister, provide that place to the Minister if, in the opinion of the Minister, the temporary use of the place as a quarantine facility is necessary to protect public health.\n(2) [Deeming] The place is deemed to be designated as a quarantine facility.\n(3) [Compensation] The Minister may compensate any person for the Minister’s use of the place.\n(4) [Consultation] The Minister shall consult with the provincial public health authority of the province in which the place is situated before taking possession of it.",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2006-12-12",
|
| 148 |
+
"in_force": "2006-12-12",
|
| 149 |
+
"status": "in force",
|
| 150 |
"current_to": "2024-04-01",
|
| 151 |
"citation": "Quarantine Act, s. 8",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-8.html"
|
|
|
|
| 164 |
"text": "9 The Minister may by order designate any point in Canada as an entry point.",
|
| 165 |
"history": "",
|
| 166 |
"last_amended": "2006-12-12",
|
| 167 |
+
"in_force": "2006-12-12",
|
| 168 |
+
"status": "in force",
|
| 169 |
"current_to": "2024-04-01",
|
| 170 |
"citation": "Quarantine Act, s. 9",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-9.html"
|
|
|
|
| 183 |
"text": "10 The Minister may by order designate any point in Canada as a departure point if, in the opinion of the Minister, the order is necessary to prevent the spread of a communicable disease.",
|
| 184 |
"history": "",
|
| 185 |
"last_amended": "2006-12-12",
|
| 186 |
+
"in_force": "2006-12-12",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2024-04-01",
|
| 189 |
"citation": "Quarantine Act, s. 10",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-10.html"
|
|
|
|
| 202 |
"text": "11 The Minister may enter into an agreement with a department or an agency of the Government of Canada or of a province, or with a public health authority, respecting the administration and enforcement of this Act or of an Act of a province.",
|
| 203 |
"history": "",
|
| 204 |
"last_amended": "2006-12-12",
|
| 205 |
+
"in_force": "2006-12-12",
|
| 206 |
+
"status": "in force",
|
| 207 |
"current_to": "2024-04-01",
|
| 208 |
"citation": "Quarantine Act, s. 11",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-11.html"
|
|
|
|
| 221 |
"text": "12 Every person who is subject to subsection 11(1) of the Customs Act and enters Canada shall, immediately after entering, present themselves to a screening officer at the nearest entry point.",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2006-12-12",
|
| 224 |
+
"in_force": "2006-12-12",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2024-04-01",
|
| 227 |
"citation": "Quarantine Act, s. 12",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-12.html"
|
|
|
|
| 240 |
"text": "13 Every person who leaves Canada through a departure point shall, immediately before leaving, present themselves to a screening officer or quarantine officer at the departure point.",
|
| 241 |
"history": "",
|
| 242 |
"last_amended": "2006-12-12",
|
| 243 |
+
"in_force": "2006-12-12",
|
| 244 |
+
"status": "in force",
|
| 245 |
"current_to": "2024-04-01",
|
| 246 |
"citation": "Quarantine Act, s. 13",
|
| 247 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-13.html"
|
|
|
|
| 259 |
"text": "14\n(1) Any qualified person authorized by the Minister may, to determine whether a traveller has a communicable disease or symptoms of one, use any screening technology authorized by the Minister that does not involve the entry into the traveller’s body of any instrument or other foreign body.\n(2) [Refusal to be screened] If a traveller refuses to be screened with the screening technology and the person using it is not a screening officer or quarantine officer, the person shall immediately inform a screening officer or quarantine officer of the refusal.",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2006-12-12",
|
| 262 |
+
"in_force": "2006-12-12",
|
| 263 |
+
"status": "in force",
|
| 264 |
"current_to": "2024-04-01",
|
| 265 |
"citation": "Quarantine Act, s. 14",
|
| 266 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-14.html"
|
|
|
|
| 278 |
"text": "15\n(1) Every traveller shall answer any relevant questions asked by a screening officer or quarantine officer and provide to the officer any information or record in their possession that the officer may reasonably require in the performance of a duty under this Act.\n(2) [Duty to disclose communicable disease] Any traveller who has reasonable grounds to suspect that they have or might have a communicable disease listed in the schedule or are infested with vectors, or that they have recently been in close proximity to a person who has, or is reasonably likely to have, a communicable disease listed in the schedule or is infested with vectors, shall disclose that fact to a screening officer or quarantine officer.\n(3) [Compliance with measures] Every traveller shall comply with any reasonable measure ordered by a screening officer or quarantine officer for the purpose of preventing the introduction and spread of a communicable disease.",
|
| 279 |
"history": "",
|
| 280 |
"last_amended": "2006-12-12",
|
| 281 |
+
"in_force": "2006-12-12",
|
| 282 |
+
"status": "in force",
|
| 283 |
"current_to": "2024-04-01",
|
| 284 |
"citation": "Quarantine Act, s. 15",
|
| 285 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-15.html"
|
|
|
|
| 297 |
"text": "16\n(1) A screening officer shall immediately inform a quarantine officer, and follow any directive of that officer respecting the traveller, if\n(a) the screening officer has reasonable grounds to suspect that a traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors;\n(b) a traveller has refused to be screened by the screening officer under subsection 14(1), or a person authorized to use the screening technology has informed the screening officer that a traveller has refused to be screened under that subsection;\n(c) a traveller has contravened subsection 15(1) by refusing to answer a question asked by the screening officer or by refusing to provide information or a record that the screening officer required; or\n(d) a traveller has contravened subsection 15(3) by refusing to comply with a measure ordered by the screening officer.\n(2) [Isolation] The screening officer may, without directives from a quarantine officer, isolate the traveller, individually or within a group, until the traveller is assessed by a quarantine officer.",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2006-12-12",
|
| 300 |
+
"in_force": "2006-12-12",
|
| 301 |
+
"status": "in force",
|
| 302 |
"current_to": "2024-04-01",
|
| 303 |
"citation": "Quarantine Act, s. 16",
|
| 304 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-16.html"
|
|
|
|
| 316 |
"text": "17 A screening officer or quarantine officer who takes any action in respect of a traveller under this Act shall, if reasonably possible, inform the traveller of the measure before it is taken.",
|
| 317 |
"history": "",
|
| 318 |
"last_amended": "2006-12-12",
|
| 319 |
+
"in_force": "2006-12-12",
|
| 320 |
+
"status": "in force",
|
| 321 |
"current_to": "2024-04-01",
|
| 322 |
"citation": "Quarantine Act, s. 17",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-17.html"
|
|
|
|
| 335 |
"text": "18 A peace officer may, at the request of a screening officer or quarantine officer, arrest without a warrant and bring to a quarantine officer any traveller who the peace officer has reasonable grounds to believe has refused to be isolated or refuses to comply with a measure under subsection 15(3).",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2006-12-12",
|
| 338 |
+
"in_force": "2006-12-12",
|
| 339 |
+
"status": "in force",
|
| 340 |
"current_to": "2024-04-01",
|
| 341 |
"citation": "Quarantine Act, s. 18",
|
| 342 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-18.html"
|
|
|
|
| 354 |
"text": "19\n(1) A quarantine officer may require a traveller to undergo a health assessment if\n(a) the officer has reasonable grounds to suspect that the traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors;\n(b) the traveller has refused to be screened under subsection 14(1); or\n(c) the traveller has contravened subsection 15(1) or (3).\n(2) [Timing of assessment] The health assessment shall be undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2006-12-12",
|
| 357 |
+
"in_force": "2006-12-12",
|
| 358 |
+
"status": "in force",
|
| 359 |
"current_to": "2024-04-01",
|
| 360 |
"citation": "Quarantine Act, s. 19",
|
| 361 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-19.html"
|
|
|
|
| 373 |
"text": "20\n(1) A quarantine officer may require any person at an entry or departure point to undergo a health assessment if the quarantine officer has reasonable grounds to suspect that the person has recently been in close proximity to a person who has or might have a communicable disease or who is infested with vectors.\n(1.1) [When health assessment to be undertaken] The health assessment shall be undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.\n(2) [Person is a traveller] For the purposes of sections 21 to 33.1, traveller includes any person required to undergo a health assessment under subsection (1).",
|
| 374 |
"history": "",
|
| 375 |
"last_amended": "2006-12-12",
|
| 376 |
+
"in_force": "2006-12-12",
|
| 377 |
+
"status": "in force",
|
| 378 |
"current_to": "2024-04-01",
|
| 379 |
"citation": "Quarantine Act, s. 20",
|
| 380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-20.html"
|
|
|
|
| 392 |
"text": "21\n(1) A quarantine officer may require a traveller, their clothing and their personal belongings to be disinfested if, after a health assessment of the traveller, the quarantine officer has reasonable grounds to believe that the traveller is infested with vectors.\n(2) [Disinfestation of baggage] A quarantine officer or a person acting on their behalf may detain and disinfest any baggage if the quarantine officer has reasonable grounds to believe that the baggage is infested with vectors.\n(3) [Disinfestation of place] A quarantine officer or a person acting on their behalf may enter and disinfest any place at an entry or departure point if a traveller or baggage that was or may be disinfested under subsection (1) or (2) has been in or at that place and the quarantine officer has reasonable grounds to believe that the place is infested with vectors.",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2006-12-12",
|
| 395 |
+
"in_force": "2006-12-12",
|
| 396 |
+
"status": "in force",
|
| 397 |
"current_to": "2024-04-01",
|
| 398 |
"citation": "Quarantine Act, s. 21",
|
| 399 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-21.html"
|
|
|
|
| 411 |
"text": "22\n(1) If a quarantine officer has reasonable grounds to believe that a traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, the officer may require the traveller to undergo a medical examination.\n(2) [Timing of examination] The medical examination shall be conducted by a medical practitioner and undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2006-12-12",
|
| 414 |
+
"in_force": "2006-12-12",
|
| 415 |
+
"status": "in force",
|
| 416 |
"current_to": "2024-04-01",
|
| 417 |
"citation": "Quarantine Act, s. 22",
|
| 418 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-22.html"
|
|
|
|
| 430 |
"text": "23\n(1) At any time, a traveller may request an examination by a medical practitioner of their choice in addition to a medical examination conducted under subsection 22(1). The quarantine officer shall inform the traveller of this right.\n(2) [Granting of request] The quarantine officer shall accept the request if, in the opinion of the officer, the examination would not unduly delay any measures taken in the administration of this Act.\n(3) [Cost and location of examination] The examination shall be at the traveller’s expense and shall be conducted in the place where the traveller is detained.",
|
| 431 |
"history": "",
|
| 432 |
"last_amended": "2006-12-12",
|
| 433 |
+
"in_force": "2006-12-12",
|
| 434 |
+
"status": "in force",
|
| 435 |
"current_to": "2024-04-01",
|
| 436 |
"citation": "Quarantine Act, s. 23",
|
| 437 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-23.html"
|
|
|
|
| 449 |
"text": "24 The Minister shall, if reasonably possible, provide a traveller with an interpreter if the traveller does not have an adequate understanding of at least one of Canada’s official languages or has a speech or hearing disability.",
|
| 450 |
"history": "",
|
| 451 |
"last_amended": "2006-12-12",
|
| 452 |
+
"in_force": "2006-12-12",
|
| 453 |
+
"status": "in force",
|
| 454 |
"current_to": "2024-04-01",
|
| 455 |
"citation": "Quarantine Act, s. 24",
|
| 456 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-24.html"
|
|
|
|
| 468 |
"text": "25\n(1) If a quarantine officer, after the health assessment or medical examination of a traveller, has reasonable grounds to suspect that the traveller has or might have a communicable disease, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, but is of the opinion that the traveller does not pose an immediate risk of significant harm to public health, the officer may order the traveller to report to the public health authority specified in the order.\n(2) [Public health authority to be informed] The quarantine officer shall, without delay, send a copy of an order made under subsection (1) to the public health authority specified in the order.\n(3) [Quarantine officer to be informed] The public health authority shall inform the quarantine officer, in accordance with the order, whether the traveller reports to the authority.",
|
| 469 |
"history": "",
|
| 470 |
"last_amended": "2006-12-12",
|
| 471 |
+
"in_force": "2006-12-12",
|
| 472 |
+
"status": "in force",
|
| 473 |
"current_to": "2024-04-01",
|
| 474 |
"citation": "Quarantine Act, s. 25",
|
| 475 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-25.html"
|
|
|
|
| 487 |
"text": "26 If a quarantine officer, after the medical examination of a traveller, has reasonable grounds to believe that the traveller has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, the quarantine officer may order the traveller to comply with treatment or any other measure for preventing the introduction and spread of the communicable disease.",
|
| 488 |
"history": "",
|
| 489 |
"last_amended": "2006-12-12",
|
| 490 |
+
"in_force": "2006-12-12",
|
| 491 |
+
"status": "in force",
|
| 492 |
"current_to": "2024-04-01",
|
| 493 |
"citation": "Quarantine Act, s. 26",
|
| 494 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-26.html"
|
|
|
|
| 506 |
"text": "27 On an ex parte application by a quarantine officer, a provincial court judge within the meaning of section 2 of the Criminal Code who is satisfied on information submitted in writing and under oath that a traveller has failed to comply with an order made under subsection 25(1) or section 26 may issue a warrant directing a peace officer to arrest the traveller and take them to a quarantine officer.",
|
| 507 |
"history": "",
|
| 508 |
"last_amended": "2006-12-12",
|
| 509 |
+
"in_force": "2006-12-12",
|
| 510 |
+
"status": "in force",
|
| 511 |
"current_to": "2024-04-01",
|
| 512 |
"citation": "Quarantine Act, s. 27",
|
| 513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-27.html"
|
|
|
|
| 525 |
"text": "28\n(1) A quarantine officer may detain any traveller who\n(a) has refused to be disinfested or to undergo a health assessment;\n(b) has been required to undergo a medical examination under subsection 22(1);\n(c) has failed to comply with an order made under section 26;\n(d) the quarantine officer has reasonable grounds to believe\n(i) has or might have a communicable disease or is infested with vectors, or has recently been in close proximity to a person who has or might have a communicable disease or is infested with vectors, and\n(ii) is capable of infecting other people;\n(e) has been arrested under section 27; or\n(f) has been arrested without a warrant under section 18.\n(2) [Arrest without warrant] A peace officer may, at the request of a quarantine officer, arrest without a warrant and bring to the quarantine officer any traveller referred to in subsection (1) who resists detention.",
|
| 526 |
"history": "",
|
| 527 |
"last_amended": "2006-12-12",
|
| 528 |
+
"in_force": "2006-12-12",
|
| 529 |
+
"status": "in force",
|
| 530 |
"current_to": "2024-04-01",
|
| 531 |
"citation": "Quarantine Act, s. 28",
|
| 532 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-28.html"
|
|
|
|
| 544 |
"text": "29\n(1) The quarantine officer shall immediately inform a traveller detained under subsection 28(1) of their right to a review of the confirmation of detention.\n(2) [Frequency of examination] The quarantine officer shall provide the traveller with the opportunity to undergo a medical examination by a medical practitioner at least every seven days after the day on which the detention begins.\n(3) [Confirmation of detention] A quarantine officer shall confirm, at least every seven days after the day on which the detention begins and on the basis of the most recent medical examination or any other information, that continued detention is necessary if the officer has reasonable grounds to believe that the traveller poses a risk of significant harm to public health. The quarantine officer shall give the traveller a copy of the confirmation of detention detailing the reasons for the continued detention.\n(4) [Request for review] A traveller who has received a confirmation of detention under subsection (3) may request a review of the confirmation by transmitting a written request to that effect to a quarantine officer.\n(5) [Request] A quarantine officer who receives a request under subsection (4) shall immediately send it to a review officer designated under subsection 5(3).\n(6) [Release] The review officer shall, within 48 hours after receiving the request, conduct a review of the confirmation of detention and, if the review officer has reasonable grounds to believe that the traveller does not pose a risk of significant harm to public health, order the traveller’s release.",
|
| 545 |
"history": "",
|
| 546 |
"last_amended": "2006-12-12",
|
| 547 |
+
"in_force": "2006-12-12",
|
| 548 |
+
"status": "in force",
|
| 549 |
"current_to": "2024-04-01",
|
| 550 |
"citation": "Quarantine Act, s. 29",
|
| 551 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-29.html"
|
|
|
|
| 563 |
"text": "30 The Minister may, on the Minister’s own motion, review any decision of a quarantine officer to detain a traveller and, if the Minister is of the opinion that the traveller does not pose a risk of significant harm to public health, order the traveller’s release.",
|
| 564 |
"history": "",
|
| 565 |
"last_amended": "2006-12-12",
|
| 566 |
+
"in_force": "2006-12-12",
|
| 567 |
+
"status": "in force",
|
| 568 |
"current_to": "2024-04-01",
|
| 569 |
"citation": "Quarantine Act, s. 30",
|
| 570 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-30.html"
|
|
|
|
| 582 |
"text": "31\n(1) If a quarantine officer detains a traveller referred to in paragraph 28(1)(a), (c), (e) or (f), or a traveller referred to in paragraph 28(1)(b) who has refused to undergo the medical examination, the quarantine officer shall, as soon as reasonably practicable, apply to a judge of the superior court of the province in which the traveller is detained, or to a judge of the Federal Court, for an order requiring the traveller\n(a) to submit to a health assessment;\n(b) to submit to a medical examination;\n(c) to be treated;\n(d) to be disinfested; or\n(e) to undergo any other measure for preventing or controlling the spread of a communicable disease.\n(2) [Discretionary application for court order] If a quarantine officer detains a traveller referred to in paragraph 28(1)(b) who has not refused to undergo the medical examination, or a traveller referred to in paragraph 28(1)(d), the quarantine officer may apply to a judge of the superior court of the province in which the traveller is detained, or to a judge of the Federal Court, for an order referred to in any of paragraphs (1)(b) to (e).\n(3) [Court order for medical intervention] A judge may make an order under this section only if the judge is satisfied that\n(a) the order is appropriate to prevent or control a risk of significant harm to public health; and\n(b) other reasonable means are not available to prevent or control the risk.\n(4) [Technological means for appearance] The traveller may appear before the court by any technological means satisfactory to the court that permits the court and the traveller to communicate simultaneously if the court is satisfied that the use of the technology is necessary or prudent to prevent the spread of a communicable disease.",
|
| 583 |
"history": "",
|
| 584 |
"last_amended": "2006-12-12",
|
| 585 |
+
"in_force": "2006-12-12",
|
| 586 |
+
"status": "in force",
|
| 587 |
"current_to": "2024-04-01",
|
| 588 |
"citation": "Quarantine Act, s. 31",
|
| 589 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-31.html"
|
|
|
|
| 601 |
"text": "32 A quarantine officer shall not detain a traveller if\n(a) the quarantine officer has reasonable grounds to believe that the traveller does not pose a risk of significant harm to public health;\n(b) the traveller is transferred to a public health authority under section 33;\n(c) the release of the traveller is ordered under subsection 29(6) or section 30; or\n(d) the quarantine officer has reasonable grounds to believe that other reasonable means are available to prevent or control a risk of significant harm to public health.",
|
| 602 |
"history": "",
|
| 603 |
"last_amended": "2006-12-12",
|
| 604 |
+
"in_force": "2006-12-12",
|
| 605 |
+
"status": "in force",
|
| 606 |
"current_to": "2024-04-01",
|
| 607 |
"citation": "Quarantine Act, s. 32",
|
| 608 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-32.html"
|
|
|
|
| 620 |
"text": "33 A quarantine officer may at any time transfer a traveller detained by the quarantine officer under subsection 28(1) to a public health authority with the agreement of the authority or the province.",
|
| 621 |
"history": "",
|
| 622 |
"last_amended": "2006-12-12",
|
| 623 |
+
"in_force": "2006-12-12",
|
| 624 |
+
"status": "in force",
|
| 625 |
"current_to": "2024-04-01",
|
| 626 |
"citation": "Quarantine Act, s. 33",
|
| 627 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-33.html"
|
|
|
|
| 639 |
"text": "33.1\n(1) As soon as practicable, a quarantine officer shall inform the provincial public health authority of any province concerned if\n(a) the quarantine officer has required a traveller to undergo a medical examination under subsection 22(1);\n(b) the quarantine officer has ordered the traveller to comply with treatment or any other measure under section 26;\n(c) a peace officer has arrested a traveller and taken them to the quarantine officer under section 27;\n(d) the quarantine officer is detaining a traveller under subsection 28(1); or\n(e) the quarantine officer does not detain a traveller, for the reasons set out in paragraph 32(d).\n(2) [Disclosure of information] The quarantine officer shall disclose to the provincial public health authority the following personal information regarding the traveller, to the extent that it is known:\n(a) the traveller’s name, sex, age and date of birth;\n(b) the traveller’s itinerary, home address and location;\n(c) the communicable disease in question and the state of the traveller’s health in respect of that disease; and\n(d) the manner in which the traveller may have acquired the communicable disease or vectors.\n(3) [Disclosure to provincial public health authority] The quarantine officer may disclose confidential business information or other personal information obtained under this Act to the provincial public health authority if the officer has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease.",
|
| 640 |
"history": "",
|
| 641 |
"last_amended": "2006-12-12",
|
| 642 |
+
"in_force": "2006-12-12",
|
| 643 |
+
"status": "in force",
|
| 644 |
"current_to": "2024-04-01",
|
| 645 |
"citation": "Quarantine Act, s. 33.1",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-33.1.html"
|
|
|
|
| 658 |
"text": "34\n(1) This section applies to the operator of any of the following conveyances:\n(a) a conveyance that is used in the business of carrying persons or cargo; and\n(b) a prescribed conveyance.\n(2) [Operator to inform quarantine officer before arrival] As soon as possible before a conveyance arrives at its destination in Canada, the operator shall inform a quarantine officer or cause a quarantine officer to be informed of any reasonable grounds to suspect that\n(a) any person, cargo or other thing on board the conveyance could cause the spreading of a communicable disease listed in the schedule;\n(b) a person on board the conveyance has died; or\n(c) any prescribed circumstances exist.\n(3) [Operator to inform quarantine officer before departure] As soon as possible before a conveyance departs from Canada through a departure point, the operator shall inform a quarantine officer or cause a quarantine officer to be informed of any circumstance referred to in paragraphs (2)(a) to (c) that exists.\n(4) [Exception] No operator contravenes subsection (2) if it is not reasonably possible for the operator to inform a quarantine officer or cause a quarantine officer to be informed before the conveyance’s arrival at its destination in Canada, as long as the operator does so on the conveyance’s arrival at that destination.",
|
| 659 |
"history": "2005, c. 20, s. 34; 2007, c. 27, s. 1",
|
| 660 |
"last_amended": "2007-06-22",
|
| 661 |
+
"in_force": "2007-06-22",
|
| 662 |
+
"status": "in force",
|
| 663 |
"current_to": "2024-04-01",
|
| 664 |
"citation": "Quarantine Act, s. 34",
|
| 665 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-34.html"
|
|
|
|
| 677 |
"text": "35 The Minister may order the diversion of a conveyance to any place in Canada specified by the Minister if the Minister has reasonable grounds to believe that doing so is necessary to prevent the introduction and spread of a communicable disease.",
|
| 678 |
"history": "",
|
| 679 |
"last_amended": "2006-12-12",
|
| 680 |
+
"in_force": "2006-12-12",
|
| 681 |
+
"status": "in force",
|
| 682 |
"current_to": "2024-04-01",
|
| 683 |
"citation": "Quarantine Act, s. 35",
|
| 684 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-35.html"
|
|
|
|
| 696 |
"text": "35.1 If the Minister makes an order under section 35, the Minister may order a provider of air navigation services, within the meaning of section 2 of the Civil Air Navigation Services Commercialization Act, to relay the order.",
|
| 697 |
"history": "",
|
| 698 |
"last_amended": "2006-12-12",
|
| 699 |
+
"in_force": "2006-12-12",
|
| 700 |
+
"status": "in force",
|
| 701 |
"current_to": "2024-04-01",
|
| 702 |
"citation": "Quarantine Act, s. 35.1",
|
| 703 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-35.1.html"
|
|
|
|
| 715 |
"text": "36 A person engaged in the business of carrying persons or cargo shall, at the request of a screening officer, a quarantine officer or an environmental health officer, communicate or distribute to travellers information or questionnaires provided by the officer.",
|
| 716 |
"history": "",
|
| 717 |
"last_amended": "2006-12-12",
|
| 718 |
+
"in_force": "2006-12-12",
|
| 719 |
+
"status": "in force",
|
| 720 |
"current_to": "2024-04-01",
|
| 721 |
"citation": "Quarantine Act, s. 36",
|
| 722 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-36.html"
|
|
|
|
| 734 |
"text": "37\n(1) If a screening officer has reasonable grounds to suspect that a conveyance, its cargo or any other thing on board the conveyance is a source of a communicable disease, the officer shall immediately inform an environmental health officer and follow any directive of that officer respecting the matter.\n(2) [Detention, etc.] The screening officer may detain the conveyance referred to in subsection (1), or the conveyance of an operator who does not comply with section 38, take any reasonable measures to prevent entry to or exit from it or access to it or its contents or take the conveyance to a specified place, until an environmental health officer inspects the conveyance.",
|
| 735 |
"history": "",
|
| 736 |
"last_amended": "2006-12-12",
|
| 737 |
+
"in_force": "2006-12-12",
|
| 738 |
+
"status": "in force",
|
| 739 |
"current_to": "2024-04-01",
|
| 740 |
"citation": "Quarantine Act, s. 37",
|
| 741 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-37.html"
|
|
|
|
| 753 |
"text": "38 The operator shall answer any relevant questions asked by a screening officer, a quarantine officer or an environmental health officer and provide the officer with any information or record in the operator’s possession that the officer may reasonably require in the performance of a duty under this Act.",
|
| 754 |
"history": "",
|
| 755 |
"last_amended": "2006-12-12",
|
| 756 |
+
"in_force": "2006-12-12",
|
| 757 |
+
"status": "in force",
|
| 758 |
"current_to": "2024-04-01",
|
| 759 |
"citation": "Quarantine Act, s. 38",
|
| 760 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-38.html"
|
|
|
|
| 772 |
"text": "39\n(1) If an environmental health officer has reasonable grounds to believe that a conveyance, its cargo or any other thing on board the conveyance could be the source of a communicable disease, the officer may order the owner or operator of the conveyance or any person using it for the business of carrying persons or cargo to\n(a) take any reasonable measures to prevent entry to or exit from the conveyance or access to it or its contents;\n(b) take the conveyance to a specified place;\n(c) disinfect, disinfest, decontaminate or fumigate the conveyance, its contents or any place where the conveyance or its contents have been, in a manner directed by the officer;\n(d) destroy or dispose of the conveyance, its contents or any cargo or other thing that has been on board the conveyance;\n(e) carry out any measures reasonably necessary to prevent the introduction and spread of a communicable disease; or\n(f) remove the conveyance and its contents from Canada and present a declaration of health to the appropriate health authorities in the country of destination.\n(2) [Report to country of destination] An environmental health officer who makes an order under paragraph (1)(f) shall immediately report the evidence found on the conveyance and the control measures required to the appropriate authority in the country of destination.",
|
| 773 |
"history": "",
|
| 774 |
"last_amended": "2006-12-12",
|
| 775 |
+
"in_force": "2006-12-12",
|
| 776 |
+
"status": "in force",
|
| 777 |
"current_to": "2024-04-01",
|
| 778 |
"citation": "Quarantine Act, s. 39",
|
| 779 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-39.html"
|
|
|
|
| 791 |
"text": "40\n(1) If a person refuses to obey the order of an environmental health officer made under subsection 39(1), the officer may carry out the order themself, or order another person to carry it out.\n(2) [Informing of action] After the order is carried out, the environmental health officer shall, as soon as practicable, advise the person who refused to obey the order of the action taken and the place where the conveyance and its contents are being kept.",
|
| 792 |
"history": "",
|
| 793 |
"last_amended": "2006-12-12",
|
| 794 |
+
"in_force": "2006-12-12",
|
| 795 |
+
"status": "in force",
|
| 796 |
"current_to": "2024-04-01",
|
| 797 |
"citation": "Quarantine Act, s. 40",
|
| 798 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-40.html"
|
|
|
|
| 810 |
"text": "40.1 No person is required to carry out an order under subsection 39(1) if doing so would expose them to a danger as defined in subsection 122(1) of the Canada Labour Code.",
|
| 811 |
"history": "",
|
| 812 |
"last_amended": "2006-12-12",
|
| 813 |
+
"in_force": "2006-12-12",
|
| 814 |
+
"status": "in force",
|
| 815 |
"current_to": "2024-04-01",
|
| 816 |
"citation": "Quarantine Act, s. 40.1",
|
| 817 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-40.1.html"
|
|
|
|
| 829 |
"text": "40.2\n(1) As soon as practicable, an environmental health officer shall inform the provincial public health authority of any province concerned if\n(a) a conveyance has been diverted under section 35; or\n(b) the environmental health officer has ordered anything to be done under subsection 39(1).\n(2) [Disclosure of information] The environmental health officer shall disclose to the provincial public health authority the following information regarding the conveyance, to the extent that it is known:\n(a) a description of the conveyance and its itinerary;\n(b) everything ordered to be done under subsection 39(1) and the reasons why it was ordered to be done;\n(c) the communicable disease in question; and\n(d) the name and location of the operator of the conveyance and of any person using it for the business of carrying persons or cargo.\n(3) [Disclosure to provincial public health authority] The environmental health officer may disclose confidential business information or personal information obtained under this Act to the provincial public health authority if the officer has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease.",
|
| 830 |
"history": "",
|
| 831 |
"last_amended": "2006-12-12",
|
| 832 |
+
"in_force": "2006-12-12",
|
| 833 |
+
"status": "in force",
|
| 834 |
"current_to": "2024-04-01",
|
| 835 |
"citation": "Quarantine Act, s. 40.2",
|
| 836 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-40.2.html"
|
|
|
|
| 848 |
"text": "41\n(1) A person who is subject to an order referred to in section 39 shall pay any cost of carrying out the order.\n(2) [Detention until costs paid] An environmental health officer may detain the conveyance and its contents until the cost of carrying out the order has been paid.",
|
| 849 |
"history": "",
|
| 850 |
"last_amended": "2006-12-12",
|
| 851 |
+
"in_force": "2006-12-12",
|
| 852 |
+
"status": "in force",
|
| 853 |
"current_to": "2024-04-01",
|
| 854 |
"citation": "Quarantine Act, s. 41",
|
| 855 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-41.html"
|
|
|
|
| 867 |
"text": "42\n(1) A person engaged in the business of carrying persons or cargo shall, when required by the Minister to do so, deposit with the Minister any sum of money or other security that the Minister considers necessary as a guarantee that the person will comply with this Act.\n(2) [Payment out of security deposited] The Minister may pay from the deposited money, or the proceeds of sale of the security, a fine or costs incurred by the person if\n(a) the person fails to pay any amount under subsection 41(1) or publication costs under paragraph 80(1)(g) or subsection 80(3); or\n(b) the person is convicted of an offence under this Act and fails to pay a fine.\n(3) [Return of security] The Minister shall return the money or other security if, in the opinion of the Minister, that security is no longer required.",
|
| 868 |
"history": "",
|
| 869 |
"last_amended": "2006-12-12",
|
| 870 |
+
"in_force": "2006-12-12",
|
| 871 |
+
"status": "in force",
|
| 872 |
"current_to": "2024-04-01",
|
| 873 |
"citation": "Quarantine Act, s. 42",
|
| 874 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-42.html"
|
|
|
|
| 886 |
"text": "43 The Minister may compensate the owner of any conveyance, cargo or other thing that is damaged or destroyed under section 39 or 40 in an amount equal to the market value, as determined by the Minister, that the property had at the time of its damage or destruction, less any amount that the owner received or is entitled to receive in respect of it from salvage, insurance or any other source.",
|
| 887 |
"history": "",
|
| 888 |
"last_amended": "2006-12-12",
|
| 889 |
+
"in_force": "2006-12-12",
|
| 890 |
+
"status": "in force",
|
| 891 |
"current_to": "2024-04-01",
|
| 892 |
"citation": "Quarantine Act, s. 43",
|
| 893 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-43.html"
|
|
|
|
| 905 |
"text": "44\n(1) Every operator carrying a cadaver, a body part or other human remains into Canada shall provide a copy of the death certificate to the screening officer at the entry point.\n(2) [No death certificate or communicable disease] If the operator does not provide a death certificate or the screening officer has reasonable grounds to suspect that the cadaver, body part or other human remains have or might have a communicable disease or are infested with vectors, the screening officer shall immediately inform a quarantine officer and follow any directive of that officer respecting the matter.\n(3) [Directive] The operator shall comply with any directive of the quarantine officer respecting the cadaver, body part or other human remains.",
|
| 906 |
"history": "",
|
| 907 |
"last_amended": "2006-12-12",
|
| 908 |
+
"in_force": "2006-12-12",
|
| 909 |
+
"status": "in force",
|
| 910 |
"current_to": "2024-04-01",
|
| 911 |
"citation": "Quarantine Act, s. 44",
|
| 912 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-44.html"
|
|
|
|
| 924 |
"text": "45 No person shall export a cadaver, a body part or other human remains that have or might have a communicable disease listed in the schedule unless the exportation is in accordance with the regulations or is authorized by the Minister.",
|
| 925 |
"history": "",
|
| 926 |
"last_amended": "2006-12-12",
|
| 927 |
+
"in_force": "2006-12-12",
|
| 928 |
+
"status": "in force",
|
| 929 |
"current_to": "2024-04-01",
|
| 930 |
"citation": "Quarantine Act, s. 45",
|
| 931 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-45.html"
|
|
|
|
| 943 |
"text": "46 Sections 44 and 45 do not apply to the import or export of cells, tissues or organs for transplantation that are imported or exported in accordance with the Food and Drugs Act.",
|
| 944 |
"history": "",
|
| 945 |
"last_amended": "2006-12-12",
|
| 946 |
+
"in_force": "2006-12-12",
|
| 947 |
+
"status": "in force",
|
| 948 |
"current_to": "2024-04-01",
|
| 949 |
"citation": "Quarantine Act, s. 46",
|
| 950 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-46.html"
|
|
|
|
| 962 |
"text": "47\n(1) A quarantine officer or an environmental health officer may, to determine whether a conveyance or place, or any contents within it, could be the source of a communicable disease, or whether a traveller has or might have a communicable disease or is infested with vectors, and to enforce this Act,\n(a) stop a conveyance, at an entry or departure point or anywhere else in Canada, and direct that it be moved to a place where an inspection can be carried out;\n(b) enter and inspect the conveyance or any place where the conveyance has been;\n(c) open and examine any cargo, container, baggage, package or other thing;\n(d) require any person to produce any record under any terms and conditions that, in the opinion of the officer, are necessary to carry out the inspection;\n(e) except with respect to a traveller, conduct or cause to be conducted any test or analysis or take or cause to be taken any sample; and\n(f) except with respect to a traveller, take any measurement.\n(2) [Operation of data processing systems and copying equipment] In conducting the inspection, the officer may\n(a) use or cause to be used any computer or data processing system to examine any data contained in or available to it;\n(b) obtain data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and\n(c) use or cause to be used any copying equipment to make copies of any record or other document.\n(3) [Powers of the screening officer] A screening officer may exercise any of the powers set out in this section, other than those set out in paragraph (1)(e).",
|
| 963 |
"history": "",
|
| 964 |
"last_amended": "2006-12-12",
|
| 965 |
+
"in_force": "2006-12-12",
|
| 966 |
+
"status": "in force",
|
| 967 |
"current_to": "2024-04-01",
|
| 968 |
"citation": "Quarantine Act, s. 47",
|
| 969 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-47.html"
|
|
|
|
| 981 |
"text": "48\n(1) A quarantine officer and an environmental health officer may not enter or inspect a dwelling-place without the consent of its occupant except under the authority of a warrant.\n(2) [Authority to issue warrant] A justice may, on ex parte application, at any time sign and issue a warrant authorizing the officer named in it to enter and inspect a dwelling-place, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that\n(a) the dwelling-place or its contents could be the source of a communicable disease;\n(b) entry to the dwelling-place is necessary for a purpose relating to the administration of this Act; and\n(c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that it will be refused.\n(3) [Use of force] A quarantine officer or an environmental health officer who executes a warrant shall not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.",
|
| 982 |
"history": "",
|
| 983 |
"last_amended": "2006-12-12",
|
| 984 |
+
"in_force": "2006-12-12",
|
| 985 |
+
"status": "in force",
|
| 986 |
"current_to": "2024-04-01",
|
| 987 |
"citation": "Quarantine Act, s. 48",
|
| 988 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-48.html"
|
|
|
|
| 1000 |
"text": "49 A quarantine officer and an environmental health officer are public officers for the purposes of the application of section 487 of the Criminal Code in respect of an offence under this Act.",
|
| 1001 |
"history": "",
|
| 1002 |
"last_amended": "2006-12-12",
|
| 1003 |
+
"in_force": "2006-12-12",
|
| 1004 |
+
"status": "in force",
|
| 1005 |
"current_to": "2024-04-01",
|
| 1006 |
"citation": "Quarantine Act, s. 49",
|
| 1007 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-49.html"
|
|
|
|
| 1019 |
"text": "50 The owner or the person in charge of a place or conveyance inspected by a quarantine officer or an environmental health officer under section 47 and any person found in the place shall\n(a) give the officer all reasonable assistance to enable the officer to perform their duties and functions under this Act; and\n(b) provide the officer with any information relevant to the administration of this Act that the officer may reasonably request.",
|
| 1020 |
"history": "",
|
| 1021 |
"last_amended": "2006-12-12",
|
| 1022 |
+
"in_force": "2006-12-12",
|
| 1023 |
+
"status": "in force",
|
| 1024 |
"current_to": "2024-04-01",
|
| 1025 |
"citation": "Quarantine Act, s. 50",
|
| 1026 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-50.html"
|
|
|
|
| 1038 |
"text": "51 A quarantine officer or an environmental health officer may order any person to provide any information or record in their possession about a traveller that the officer may reasonably require in the performance of the officer’s duties and functions under this Act, or to give the officer access to such information.",
|
| 1039 |
"history": "",
|
| 1040 |
"last_amended": "2006-12-12",
|
| 1041 |
+
"in_force": "2006-12-12",
|
| 1042 |
+
"status": "in force",
|
| 1043 |
"current_to": "2024-04-01",
|
| 1044 |
"citation": "Quarantine Act, s. 51",
|
| 1045 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-51.html"
|
|
|
|
| 1057 |
"text": "52 A peace officer shall provide any assistance that an officer acting under this Act may request for the purpose of administering or enforcing this Act.",
|
| 1058 |
"history": "",
|
| 1059 |
"last_amended": "2006-12-12",
|
| 1060 |
+
"in_force": "2006-12-12",
|
| 1061 |
+
"status": "in force",
|
| 1062 |
"current_to": "2024-04-01",
|
| 1063 |
"citation": "Quarantine Act, s. 52",
|
| 1064 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-52.html"
|
|
|
|
| 1076 |
"text": "53 A screening officer, a quarantine officer or an environmental health officer may exercise any power or perform any duty or function under this Act respecting a traveller or conveyance at an entry point in another country if doing so does not conflict with the laws of that country.",
|
| 1077 |
"history": "",
|
| 1078 |
"last_amended": "2006-12-12",
|
| 1079 |
+
"in_force": "2006-12-12",
|
| 1080 |
+
"status": "in force",
|
| 1081 |
"current_to": "2024-04-01",
|
| 1082 |
"citation": "Quarantine Act, s. 53",
|
| 1083 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-53.html"
|
|
|
|
| 1095 |
"text": "54\n(1) A person who, in good faith, reports to a screening officer, a quarantine officer or an environmental health officer a contravention of this Act by another person, or the reasonable likelihood of such a contravention, may request that their identity, and any information that could reasonably reveal their identity, not be disclosed to their employer or the other person.\n(2) [Confidentiality] Subject to any other Act of Parliament, no person shall disclose or permit the disclosure of that identity or information unless authorized in writing by the person who made the request.\n(3) [Protection of person] Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage a person for having\n(a) made a report under subsection (1);\n(b) refused or stated an intention of refusing to do anything that they believed on reasonable grounds was or would be a contravention under this Act; or\n(c) done or stated an intention to do anything that they believed on reasonable grounds was required under this Act.",
|
| 1096 |
"history": "",
|
| 1097 |
"last_amended": "2006-12-12",
|
| 1098 |
+
"in_force": "2006-12-12",
|
| 1099 |
+
"status": "in force",
|
| 1100 |
"current_to": "2024-04-01",
|
| 1101 |
"citation": "Quarantine Act, s. 54",
|
| 1102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-54.html"
|
|
|
|
| 1114 |
"text": "55 The Minister may collect relevant medical information in order to carry out the purposes of this Act.",
|
| 1115 |
"history": "",
|
| 1116 |
"last_amended": "2006-12-12",
|
| 1117 |
+
"in_force": "2006-12-12",
|
| 1118 |
+
"status": "in force",
|
| 1119 |
"current_to": "2024-04-01",
|
| 1120 |
"citation": "Quarantine Act, s. 55",
|
| 1121 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-55.html"
|
|
|
|
| 1133 |
"text": "56\n(1) The Minister may disclose confidential business information or personal information obtained under this Act to a department or to an agency of the Government of Canada or of a province, a government or public health authority, whether domestic or foreign, a health practitioner or an international health organization if the Minister has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease or to enable Canada to fulfill its international obligations.\n(2) [Disclosure to person in transport business] The Minister may disclose personal information obtained under this Act to a person engaged in the business of carrying persons or cargo, or to an international transportation organization, if the Minister has reasonable grounds to believe that the person to whom the information relates has or might have a communicable disease, or has recently been in close proximity to a person who has or might have a communicable disease, and that the disclosure is necessary to prevent the spread of the disease.\n(3) [Notification of disclosure] If any personal information or confidential business information is disclosed under this section, the Minister shall notify the person or business to whom the information relates of the disclosure.",
|
| 1134 |
"history": "",
|
| 1135 |
"last_amended": "2006-12-12",
|
| 1136 |
+
"in_force": "2006-12-12",
|
| 1137 |
+
"status": "in force",
|
| 1138 |
"current_to": "2024-04-01",
|
| 1139 |
"citation": "Quarantine Act, s. 56",
|
| 1140 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-56.html"
|
|
|
|
| 1152 |
"text": "57 If the Minister has reasonable grounds to suspect that information obtained in the administration of this Act would be relevant to investigating or prosecuting an offence under Part II.1 of the Criminal Code involving an infectious agent or biological toxin, the Minister may disclose any of the following information to a peace officer:\n(a) the name, sex, age and date of birth of the traveller;\n(b) a photograph of the traveller and any other means of identifying them;\n(c) the traveller’s itinerary, home address and location;\n(d) the description of any conveyance used for carrying the traveller;\n(e) the name of the infectious agent or biological toxin; and\n(f) the manner in which the traveller may have acquired the communicable disease or vectors.",
|
| 1153 |
"history": "",
|
| 1154 |
"last_amended": "2006-12-12",
|
| 1155 |
+
"in_force": "2006-12-12",
|
| 1156 |
+
"status": "in force",
|
| 1157 |
"current_to": "2024-04-01",
|
| 1158 |
"citation": "Quarantine Act, s. 57",
|
| 1159 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-57.html"
|
|
|
|
| 1171 |
"text": "58\n(1) The Governor in Council may make an order prohibiting or subjecting to any condition the entry into Canada of any class of persons who have been in a foreign country or a specified part of a foreign country if the Governor in Council is of the opinion that\n(a) there is an outbreak of a communicable disease in the foreign country;\n(b) the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;\n(c) the entry of members of that class of persons into Canada may introduce or contribute to the spread of the communicable disease in Canada; and\n(d) no reasonable alternatives to prevent the introduction or spread of the disease are available.\n(2) [Effect of order] The order has effect for the period specified in it and may be renewed if the conditions in subsection (1) continue to apply.",
|
| 1172 |
"history": "",
|
| 1173 |
"last_amended": "2006-12-12",
|
| 1174 |
+
"in_force": "2006-12-12",
|
| 1175 |
+
"status": "in force",
|
| 1176 |
"current_to": "2024-04-01",
|
| 1177 |
"citation": "Quarantine Act, s. 58",
|
| 1178 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-58.html"
|
|
|
|
| 1190 |
"text": "59 The Governor in Council may make an order prohibiting or subjecting to any condition the importing of any thing into Canada or any part of Canada, either generally or from any place named in the order, for any period that the Governor in Council considers necessary for the purpose of preventing the introduction or spread of a communicable disease in Canada.",
|
| 1191 |
"history": "",
|
| 1192 |
"last_amended": "2006-12-12",
|
| 1193 |
+
"in_force": "2006-12-12",
|
| 1194 |
+
"status": "in force",
|
| 1195 |
"current_to": "2024-04-01",
|
| 1196 |
"citation": "Quarantine Act, s. 59",
|
| 1197 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-59.html"
|
|
|
|
| 1209 |
"text": "60\n(1) The Minister may make an interim order containing any provision that could be contained in a regulation made under section 62 or 63 if the Minister is of the opinion that immediate action is required to deal with a significant risk, direct or indirect, to public health.\n(2) [Cessation of effect] The interim order has effect from the time that it is made but ceases to have effect on the earliest of\n(a) 14 days after the day on which it is made, unless it is approved by the Governor in Council,\n(b) the day on which it is repealed,\n(c) the day on which a regulation made under section 62 or 63 that has the same effect as the interim order comes into force, and\n(d) one year after the day on which it is made or any shorter period that it specifies.\n(3) [Deeming] For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to any portion of an interim order containing a provision that may be contained in a regulation made under the specified provision.",
|
| 1210 |
"history": "",
|
| 1211 |
"last_amended": "2006-12-12",
|
| 1212 |
+
"in_force": "2006-12-12",
|
| 1213 |
+
"status": "in force",
|
| 1214 |
"current_to": "2024-04-01",
|
| 1215 |
"citation": "Quarantine Act, s. 60",
|
| 1216 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-60.html"
|
|
|
|
| 1228 |
"text": "61\n(1) An order made under any of sections 58 to 60\n(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and\n(b) shall be published in the Canada Gazette within 23 days after the day on which it is made.\n(2) [Tabling of order] A copy of the order shall be tabled in each House of Parliament within 15 days after the day on which it is made.\n(3) [House not sitting] In order to comply with subsection (2), the order may be sent to the Clerk of the House if the House is not sitting.\n(4) [Contravention of unpublished order] No person shall be convicted of an offence consisting of a contravention of the order if, at the time of the alleged contravention, the order had not been published in the Canada Gazette, unless it is proved that, at the time of the alleged contravention, the person had been notified of the order or reasonable steps had been taken to bring the purport of the order to the notice of persons likely to be affected by it.",
|
| 1229 |
"history": "",
|
| 1230 |
"last_amended": "2006-12-12",
|
| 1231 |
+
"in_force": "2006-12-12",
|
| 1232 |
+
"status": "in force",
|
| 1233 |
"current_to": "2024-04-01",
|
| 1234 |
"citation": "Quarantine Act, s. 61",
|
| 1235 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-61.html"
|
|
|
|
| 1247 |
"text": "62 The Governor in Council may make regulations\n(a) respecting physical examinations carried out for the purposes of a health assessment;\n(a.1) respecting any compensation that is to be paid under this Act;\n(b) respecting the types of costs that a person is not required to pay under section 41;\n(c) respecting the location, design, construction, installation, operation, maintenance, marking and modification of a quarantine facility or quarantine station;\n(c.1) respecting the specifications for areas and facilities provided under subsection 6(2);\n(d) respecting the process of review under section 29;\n(e) respecting the information to be provided by the operator of a conveyance and any other traveller on board;\n(f) respecting the information to be provided by a traveller;\n(g) after consultation with the Privacy Commissioner, as defined in the Privacy Act, respecting the protection of personal information;\n(h) respecting the place and manner of embarkation of travellers at a departure point, or disembarkation of travellers at an entry point, and the loading and unloading of goods and cargo onto and from a conveyance;\n(i) respecting the methods of disinfecting, disinfesting, decontaminating or fumigating conveyances, goods, cargo and places and of disinfesting travellers;\n(j) respecting the declaration of health referred to in paragraph 39(1)(f);\n(k) respecting the carrying into Canada of, the exporting from Canada of, or the transportation and the handling of, cadavers, body parts or other human remains that have, or are suspected of having, a communicable disease or that are, or are suspected of being, infested with vectors;\n(l) respecting the process for applications to the Federal Court for matters under this Act;\n(m) exempting any person or class of persons from the application of all or any of the provisions of this Act;\n(n) respecting anything that may be prescribed under this Act; and\n(o) generally, for carrying out the purposes and provisions of this Act.",
|
| 1248 |
"history": "",
|
| 1249 |
"last_amended": "2006-12-12",
|
| 1250 |
+
"in_force": "2006-12-12",
|
| 1251 |
+
"status": "in force",
|
| 1252 |
"current_to": "2024-04-01",
|
| 1253 |
"citation": "Quarantine Act, s. 62",
|
| 1254 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-62.html"
|
|
|
|
| 1266 |
"text": "62.1 [Repealed, 2019, c. 29, s. 220]",
|
| 1267 |
"history": "",
|
| 1268 |
"last_amended": "2019-06-21",
|
| 1269 |
+
"in_force": "2019-06-21",
|
| 1270 |
+
"status": "repealed",
|
| 1271 |
"current_to": "2024-04-01",
|
| 1272 |
"citation": "Quarantine Act, s. 62.1",
|
| 1273 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-62.1.html"
|
|
|
|
| 1285 |
"text": "62.2 [Repealed, 2019, c. 29, s. 220]",
|
| 1286 |
"history": "",
|
| 1287 |
"last_amended": "2019-06-21",
|
| 1288 |
+
"in_force": "2019-06-21",
|
| 1289 |
+
"status": "repealed",
|
| 1290 |
"current_to": "2024-04-01",
|
| 1291 |
"citation": "Quarantine Act, s. 62.2",
|
| 1292 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-62.2.html"
|
|
|
|
| 1304 |
"text": "63 The Minister may make regulations amending the schedule by adding, deleting or amending the name of any communicable disease.",
|
| 1305 |
"history": "2005, c. 20, s. 63; 2007, c. 27, s. 2",
|
| 1306 |
"last_amended": "2007-06-22",
|
| 1307 |
+
"in_force": "2007-06-22",
|
| 1308 |
+
"status": "in force",
|
| 1309 |
"current_to": "2024-04-01",
|
| 1310 |
"citation": "Quarantine Act, s. 63",
|
| 1311 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-63.html"
|
|
|
|
| 1323 |
"text": "64 For greater certainty, orders made under this Act by the Minister, a screening officer, a quarantine officer or an environmental health officer, including orders made under subsection 15(3) or 25(1), section 26 or 35, subsection 39(1) or 44(3) or section 51, are not regulations for the purposes of the Statutory Instruments Act.",
|
| 1324 |
"history": "",
|
| 1325 |
"last_amended": "2006-12-12",
|
| 1326 |
+
"in_force": "2006-12-12",
|
| 1327 |
+
"status": "in force",
|
| 1328 |
"current_to": "2024-04-01",
|
| 1329 |
"citation": "Quarantine Act, s. 64",
|
| 1330 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-64.html"
|
|
|
|
| 1342 |
"text": "65\n(1) No person shall enter a quarantine facility without the authorization of a quarantine officer.\n(2) [Leaving quarantine facility] No person shall leave a quarantine facility without the authorization of a quarantine officer.",
|
| 1343 |
"history": "",
|
| 1344 |
"last_amended": "2006-12-12",
|
| 1345 |
+
"in_force": "2006-12-12",
|
| 1346 |
+
"status": "in force",
|
| 1347 |
"current_to": "2024-04-01",
|
| 1348 |
"citation": "Quarantine Act, s. 65",
|
| 1349 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-65.html"
|
|
|
|
| 1361 |
"text": "66 No person shall hinder or wilfully obstruct a quarantine officer, a screening officer or an environmental health officer who is carrying out their duties or functions under this Act, or make a false or misleading statement, either orally or in writing, to the officer.",
|
| 1362 |
"history": "",
|
| 1363 |
"last_amended": "2006-12-12",
|
| 1364 |
+
"in_force": "2006-12-12",
|
| 1365 |
+
"status": "in force",
|
| 1366 |
"current_to": "2024-04-01",
|
| 1367 |
"citation": "Quarantine Act, s. 66",
|
| 1368 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-66.html"
|
|
|
|
| 1380 |
"text": "67\n(1) Every person is guilty of an offence if they cause a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening this Act or the regulations.\n(2) [Punishment] Every person who commits an offence under subsection (1) is liable\n(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and\n(b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1381 |
"history": "",
|
| 1382 |
"last_amended": "2006-12-12",
|
| 1383 |
+
"in_force": "2006-12-12",
|
| 1384 |
+
"status": "in force",
|
| 1385 |
"current_to": "2024-04-01",
|
| 1386 |
"citation": "Quarantine Act, s. 67",
|
| 1387 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-67.html"
|
|
|
|
| 1399 |
"text": "68 Every person who fails to comply with an obligation imposed under subsection 15(3) or 25(1) or section 26 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1400 |
"history": "",
|
| 1401 |
"last_amended": "2006-12-12",
|
| 1402 |
+
"in_force": "2006-12-12",
|
| 1403 |
+
"status": "in force",
|
| 1404 |
"current_to": "2024-04-01",
|
| 1405 |
"citation": "Quarantine Act, s. 68",
|
| 1406 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-68.html"
|
|
|
|
| 1418 |
"text": "69 Every person who fails to comply with an obligation imposed under section 35, subsection 39(1) or 44(3) or section 51 is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1419 |
"history": "",
|
| 1420 |
"last_amended": "2006-12-12",
|
| 1421 |
+
"in_force": "2006-12-12",
|
| 1422 |
+
"status": "in force",
|
| 1423 |
"current_to": "2024-04-01",
|
| 1424 |
"citation": "Quarantine Act, s. 69",
|
| 1425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-69.html"
|
|
|
|
| 1437 |
"text": "70 Every person who contravenes section 12 or 13, subsection 15(1) or section 65 is guilty of an offence and liable on summary conviction to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1438 |
"history": "",
|
| 1439 |
"last_amended": "2006-12-12",
|
| 1440 |
+
"in_force": "2006-12-12",
|
| 1441 |
+
"status": "in force",
|
| 1442 |
"current_to": "2024-04-01",
|
| 1443 |
"citation": "Quarantine Act, s. 70",
|
| 1444 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-70.html"
|
|
|
|
| 1456 |
"text": "71 Every person who contravenes subsection 6(2), 8(1) or 34(2) or (3), section 36 or 38, subsection 42(1), section 45 or 50, subsection 54(3), section 58 or 59 or subsection 73(2) or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $750,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1457 |
"history": "2005, c. 20, s. 71; 2007, c. 27, s. 3",
|
| 1458 |
"last_amended": "2007-06-22",
|
| 1459 |
+
"in_force": "2007-06-22",
|
| 1460 |
+
"status": "in force",
|
| 1461 |
"current_to": "2024-04-01",
|
| 1462 |
"citation": "Quarantine Act, s. 71",
|
| 1463 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-71.html"
|
|
|
|
| 1475 |
"text": "72 Every person who contravenes subsection 15(2) or section 66 is guilty of an offence and liable\n(a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both; or\n(b) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both.",
|
| 1476 |
"history": "",
|
| 1477 |
"last_amended": "2006-12-12",
|
| 1478 |
+
"in_force": "2006-12-12",
|
| 1479 |
+
"status": "in force",
|
| 1480 |
"current_to": "2024-04-01",
|
| 1481 |
"citation": "Quarantine Act, s. 72",
|
| 1482 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-72.html"
|
|
|
|
| 1494 |
"text": "73\n(1) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to, and guilty of, the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.\n(2) [Duty to ensure compliance] Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.",
|
| 1495 |
"history": "",
|
| 1496 |
"last_amended": "2006-12-12",
|
| 1497 |
+
"in_force": "2006-12-12",
|
| 1498 |
+
"status": "in force",
|
| 1499 |
"current_to": "2024-04-01",
|
| 1500 |
"citation": "Quarantine Act, s. 73",
|
| 1501 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-73.html"
|
|
|
|
| 1513 |
"text": "74 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that\n(a) the offence was committed without the accused’s knowledge or consent; and\n(b) the accused exercised all due diligence to prevent its commission.",
|
| 1514 |
"history": "",
|
| 1515 |
"last_amended": "2006-12-12",
|
| 1516 |
+
"in_force": "2006-12-12",
|
| 1517 |
+
"status": "in force",
|
| 1518 |
"current_to": "2024-04-01",
|
| 1519 |
"citation": "Quarantine Act, s. 74",
|
| 1520 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-74.html"
|
|
|
|
| 1532 |
"text": "75 If an offence under this Act is continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is continued.",
|
| 1533 |
"history": "",
|
| 1534 |
"last_amended": "2006-12-12",
|
| 1535 |
+
"in_force": "2006-12-12",
|
| 1536 |
+
"status": "in force",
|
| 1537 |
"current_to": "2024-04-01",
|
| 1538 |
"citation": "Quarantine Act, s. 75",
|
| 1539 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-75.html"
|
|
|
|
| 1551 |
"text": "76\n(1) A proceeding by way of summary conviction in respect of an offence under this Act may be commenced at any time within two years after the day on which the Minister becomes aware of the subject-matter of the proceeding.\n(2) [Minister’s certificate] A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of the proceeding, is evidence of that fact without proof of the signature or official character of the person appearing to have signed it and without further proof.",
|
| 1552 |
"history": "",
|
| 1553 |
"last_amended": "2006-12-12",
|
| 1554 |
+
"in_force": "2006-12-12",
|
| 1555 |
+
"status": "in force",
|
| 1556 |
"current_to": "2024-04-01",
|
| 1557 |
"citation": "Quarantine Act, s. 76",
|
| 1558 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-76.html"
|
|
|
|
| 1570 |
"text": "77 An information in respect of an offence under this Act may be tried, determined or adjudged by a summary conviction court if the defendant is resident or carrying on business within the territorial division of the court, even if the matter of the information did not arise in that territorial division.",
|
| 1571 |
"history": "",
|
| 1572 |
"last_amended": "2006-12-12",
|
| 1573 |
+
"in_force": "2006-12-12",
|
| 1574 |
+
"status": "in force",
|
| 1575 |
"current_to": "2024-04-01",
|
| 1576 |
"citation": "Quarantine Act, s. 77",
|
| 1577 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-77.html"
|
|
|
|
| 1589 |
"text": "78\n(1) A quarantine officer or an environmental health officer may submit to an analyst, for analysis or examination, any sample taken under paragraph 47(1)(e).\n(2) [Certificate of analyst] A certificate of an analyst stating that the analyst has analyzed or examined a sample and stating the result of the analysis or examination is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed it.\n(3) [Attendance of analyst] The party against whom the certificate is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.\n(4) [Notice] The certificate may not be received in evidence unless the party who intends to produce it has given the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.",
|
| 1590 |
"history": "",
|
| 1591 |
"last_amended": "2006-12-12",
|
| 1592 |
+
"in_force": "2006-12-12",
|
| 1593 |
+
"status": "in force",
|
| 1594 |
"current_to": "2024-04-01",
|
| 1595 |
"citation": "Quarantine Act, s. 78",
|
| 1596 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-78.html"
|
|
|
|
| 1608 |
"text": "79 If an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may make an order that the offender comply with any condition that has any or all of the effects described in section 80.",
|
| 1609 |
"history": "",
|
| 1610 |
"last_amended": "2006-12-12",
|
| 1611 |
+
"in_force": "2006-12-12",
|
| 1612 |
+
"status": "in force",
|
| 1613 |
"current_to": "2024-04-01",
|
| 1614 |
"citation": "Quarantine Act, s. 79",
|
| 1615 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-79.html"
|
|
|
|
| 1627 |
"text": "80\n(1) If an offender is convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Act, make an order that has any or all of the following effects:\n(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;\n(b) directing the offender to take any measures that the court considers appropriate to avoid harm to public health that results from or may result from the act or omission that constituted the offence, or to remedy that harm;\n(c) directing the offender to publish, in any manner that the court directs, at the offender’s own expense, the facts relating to the offence and an apology for any harm caused by the offence;\n(d) directing the offender, at the offender’s own expense, to notify any person who is aggrieved or affected by the offender’s conduct of the facts relating to the conviction;\n(e) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure compliance with any condition required under this section;\n(f) directing the offender to submit to the Minister, on application by the Attorney General of Canada made within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;\n(g) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive measure taken by the Minister as a result of the act or omission that constituted the offence;\n(h) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;\n(i) directing the offender to pay an amount that the court considers appropriate for the purpose of conducting research; and\n(j) requiring the offender to comply with any other conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Act.\n(2) [Coming into force and duration of order] An order made under section 79 or subsection (1) comes into force on the day on which the order is made or on any other day that the court determines but may not continue in force for more than three years after that day.\n(3) [Publication] If an offender does not comply with an order requiring the publication of facts relating to the offence, the Minister may publish the facts and recover the costs of publication from the offender.\n(4) [Debt due to Her Majesty] If the court orders the offender to compensate the Minister or if the Minister incurs publication costs under paragraph (1)(g) or subsection (3), the costs incurred by the Minister constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.",
|
| 1628 |
"history": "",
|
| 1629 |
"last_amended": "2006-12-12",
|
| 1630 |
+
"in_force": "2006-12-12",
|
| 1631 |
+
"status": "in force",
|
| 1632 |
"current_to": "2024-04-01",
|
| 1633 |
"citation": "Quarantine Act, s. 80",
|
| 1634 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-80.html"
|
|
|
|
| 1646 |
"text": "81 [Amendment]",
|
| 1647 |
"history": "",
|
| 1648 |
"last_amended": "2006-12-12",
|
| 1649 |
+
"in_force": "2006-12-12",
|
| 1650 |
+
"status": "in force",
|
| 1651 |
"current_to": "2024-04-01",
|
| 1652 |
"citation": "Quarantine Act, s. 81",
|
| 1653 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-81.html"
|
|
|
|
| 1665 |
"text": "82 [Repeal]",
|
| 1666 |
"history": "",
|
| 1667 |
"last_amended": "2006-12-12",
|
| 1668 |
+
"in_force": "2006-12-12",
|
| 1669 |
+
"status": "in force",
|
| 1670 |
"current_to": "2024-04-01",
|
| 1671 |
"citation": "Quarantine Act, s. 82",
|
| 1672 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-82.html"
|
|
|
|
| 1684 |
"text": "83 [Amendment]",
|
| 1685 |
"history": "",
|
| 1686 |
"last_amended": "2005-05-13",
|
| 1687 |
+
"in_force": "2005-05-13",
|
| 1688 |
+
"status": "in force",
|
| 1689 |
"current_to": "2024-04-01",
|
| 1690 |
"citation": "Quarantine Act, s. 83",
|
| 1691 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-83.html"
|
|
|
|
| 1703 |
"text": "*84 The provisions of this Act, other than section 83, come into force on a day or days to be fixed by order of the Governor in Council.\n* [Note: Act, other than section 34, and other than section 83 in force on assent May 13, 2005, in force December 12, 2006, see SI/2006-143; section 34 in force June 22, 2007, see 2007, c. 27, s. 5.]",
|
| 1704 |
"history": "",
|
| 1705 |
"last_amended": "2007-06-22",
|
| 1706 |
+
"in_force": "2007-06-22",
|
| 1707 |
+
"status": "in force",
|
| 1708 |
"current_to": "2024-04-01",
|
| 1709 |
"citation": "Quarantine Act, s. *84",
|
| 1710 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/q-1.1/section-*84.html"
|
|
The diff for this file is too large to render.
See raw diff
|
|
|
|
@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1 This Act may be cited as the Security of Canada Information Disclosure Act.",
|
| 13 |
"history": "2015, c. 20, s. 2 “1”; 2019, c. 13, s. 114(E)",
|
| 14 |
"last_amended": "2019-06-21",
|
|
|
|
|
|
|
| 15 |
"current_to": "2023-12-15",
|
| 16 |
"citation": "SCIDA, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2\n(1) The following definitions apply in this Act.\nactivity that undermines the security of Canada means any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada. For greater certainty, it includes\n(a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations or public safety;\n(b) changing or unduly influencing a government in Canada by force or unlawful means;\n(c) espionage, sabotage or covert foreign-influenced activities;\n(d) terrorism;\n(e) proliferation of nuclear, chemical, radiological or biological weapons;\n(f) significant or widespread interference with critical infrastructure;\n(g) significant or widespread interference with the global information infrastructure, as defined in section 2 of the Communications Security Establishment Act; and\n(h) conduct that takes place in Canada and that undermines the security of another state. (activité portant atteinte à la sécurité du Canada)\n(i) [Repealed, 2019, c. 13, s. 115]\nGovernment of Canada institution means\n(a) a government institution — as defined in section 3 of the Privacy Act — other than one that is listed in Schedule 1; or\n(b) an institution that is listed in Schedule 2. (institution fédérale)\npeople of Canada[Repealed, 2019, c. 13, s. 115]\n(2) [Exception] For the purposes of this Act, advocacy, protest, dissent or artistic expression is not an activity that undermines the security of Canada unless carried on in conjunction with an activity that undermines the security of Canada.",
|
| 30 |
"history": "2015, c. 20, s. 2 “2”; 2019, c. 13, s. 89; 2019, c. 13, s. 115",
|
| 31 |
"last_amended": "2019-08-01",
|
|
|
|
|
|
|
| 32 |
"current_to": "2023-12-15",
|
| 33 |
"citation": "SCIDA, s. 2",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-2.html"
|
|
@@ -46,6 +50,8 @@
|
|
| 46 |
"text": "3 The purpose of this Act is to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada.",
|
| 47 |
"history": "2015, c. 20, s. 2 “3”; 2019, c. 13, s. 116(E)",
|
| 48 |
"last_amended": "2019-06-21",
|
|
|
|
|
|
|
| 49 |
"current_to": "2023-12-15",
|
| 50 |
"citation": "SCIDA, s. 3",
|
| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-3.html"
|
|
@@ -63,6 +69,8 @@
|
|
| 63 |
"text": "4 The disclosure of information under this Act is to be guided by the following principles:\n(a) effective and responsible disclosure of information protects Canada and Canadians;\n(b) respect for caveats on and originator control over disclosed information is consistent with effective and responsible disclosure of information;\n(c) entry into an information-sharing arrangement is appropriate when a Government of Canada institution regularly discloses information to the same Government of Canada institution;\n(d) the provision of feedback as to how disclosed information is used and as to whether it is useful in protecting against activities that undermine the security of Canada facilitates effective and responsible information disclosure; and\n(e) only those within an institution who exercise its jurisdiction or carry out its responsibilities in respect of activities that undermine the security of Canada ought to receive information that is disclosed under this Act.",
|
| 64 |
"history": "2015, c. 20, s. 2 “4”; 2019, c. 13, s. 117",
|
| 65 |
"last_amended": "2019-06-21",
|
|
|
|
|
|
|
| 66 |
"current_to": "2023-12-15",
|
| 67 |
"citation": "SCIDA, s. 4",
|
| 68 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-4.html"
|
|
@@ -80,6 +88,8 @@
|
|
| 80 |
"text": "5\n(1) Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or to a person designated by the head of that recipient institution, if the disclosing institution is satisfied that\n(a) the disclosure will contribute to the exercise of the recipient institution’s jurisdiction, or the carrying out of its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada; and\n(b) the disclosure will not affect any person’s privacy interest more than is reasonably necessary in the circumstances.\n(2) [Statement regarding accuracy and reliability] An institution that discloses information under subsection (1) must, at the time of the disclosure, also provide information regarding its accuracy and the reliability of the manner in which it was obtained.",
|
| 81 |
"history": "2015, c. 20, s. 2 “5”; 2019, c. 13, s. 118",
|
| 82 |
"last_amended": "2019-06-21",
|
|
|
|
|
|
|
| 83 |
"current_to": "2023-12-15",
|
| 84 |
"citation": "SCIDA, s. 5",
|
| 85 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-5.html"
|
|
@@ -97,6 +107,8 @@
|
|
| 97 |
"text": "5.1\n(1) A Government of Canada institution must, as soon as feasible after receiving it under section 5, destroy or return any personal information, as defined in section 3 of the Privacy Act, that is not necessary for the institution to exercise its jurisdiction, or to carry out its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada.\n(2) [Exception] Subsection (1) does not apply if the retention of the information is required by law.\n(3) [Canadian Security Intelligence Service Act] Subsection (1) does not apply to the Canadian Security Intelligence Service in respect of any information that relates to the performance of its duties and functions under section 12 of the Canadian Security Intelligence Service Act.",
|
| 98 |
"history": "2019, c. 13, s. 118",
|
| 99 |
"last_amended": "2019-06-21",
|
|
|
|
|
|
|
| 100 |
"current_to": "2023-12-15",
|
| 101 |
"citation": "SCIDA, s. 5.1",
|
| 102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-5.1.html"
|
|
@@ -114,6 +126,8 @@
|
|
| 114 |
"text": "6 Nothing in section 5 or 5.1 is to be construed as authorizing the collection or use of any information that is disclosed under section 5.",
|
| 115 |
"history": "2015, c. 20, s. 2 “6”; 2019, c. 13, s. 118",
|
| 116 |
"last_amended": "2019-06-21",
|
|
|
|
|
|
|
| 117 |
"current_to": "2023-12-15",
|
| 118 |
"citation": "SCIDA, s. 6",
|
| 119 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-6.html"
|
|
@@ -131,6 +145,8 @@
|
|
| 131 |
"text": "7 The act of disclosing information under this Act does not create a presumption\n(a) that the disclosing institution is conducting a joint investigation or decision-making process with the recipient institution and therefore has the same obligations, if any, as the recipient institution to disclose or produce information for the purposes of a proceeding; or\n(b) that there has been a waiver of any privilege, or of any requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an institution that is not a Government of Canada institution.",
|
| 132 |
"history": "",
|
| 133 |
"last_amended": "2015-08-01",
|
|
|
|
|
|
|
| 134 |
"current_to": "2023-12-15",
|
| 135 |
"citation": "SCIDA, s. 7",
|
| 136 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-7.html"
|
|
@@ -148,6 +164,8 @@
|
|
| 148 |
"text": "7.1 For greater certainty, for the purpose of paragraph 8(2)(b) of the Privacy Act, the authority in this Act to disclose information includes the authority to disclose personal information, as defined in section 3 of the Privacy Act.",
|
| 149 |
"history": "2019, c. 13, s. 118.1",
|
| 150 |
"last_amended": "2019-06-21",
|
|
|
|
|
|
|
| 151 |
"current_to": "2023-12-15",
|
| 152 |
"citation": "SCIDA, s. 7.1",
|
| 153 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-7.1.html"
|
|
@@ -165,6 +183,8 @@
|
|
| 165 |
"text": "8 Nothing in this Act limits or affects any authority to disclose information under another Act of Parliament or a provincial Act, at common law or under the royal prerogative.",
|
| 166 |
"history": "",
|
| 167 |
"last_amended": "2015-08-01",
|
|
|
|
|
|
|
| 168 |
"current_to": "2023-12-15",
|
| 169 |
"citation": "SCIDA, s. 8",
|
| 170 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-8.html"
|
|
@@ -182,6 +202,8 @@
|
|
| 182 |
"text": "9\n(1) Every Government of Canada institution that discloses information under this Act must prepare and keep records that set out\n(a) a description of the information;\n(b) the name of the individual who authorized its disclosure;\n(c) the name of the recipient Government of Canada institution;\n(d) the date on which it was disclosed;\n(e) a description of the information that was relied on to satisfy the disclosing institution that the disclosure was authorized under this Act; and\n(f) any other information specified by the regulations.\n(2) [Obligation — recipient institution] Every Government of Canada institution that receives information under this Act must prepare and keep records that set out\n(a) a description of the information;\n(b) the name of the institution that disclosed it;\n(c) the name or position of the head of the recipient institution — or of the person designated by the head — who received the information;\n(d) the date on which it was received by the recipient institution;\n(e) whether the information has been destroyed or returned under subsection 5.1(1);\n(f) if the information has been destroyed under subsection 5.1(1), the date on which it was destroyed;\n(g) if the information was returned under subsection 5.1(1) to the institution that disclosed it, the date on which it was returned; and\n(h) any other information specified by the regulations.\n(3) [Copy to National Security and Intelligence Review Agency] Within 30 days after the end of each calendar year, every Government of Canada institution that disclosed information under section 5 during the year and every Government of Canada institution that received such information must provide the National Security and Intelligence Review Agency with a copy of every record it prepared under subsection (1) or (2), as the case may be, with respect to the information.",
|
| 183 |
"history": "2015, c. 20, s. 2 “9”; 2019, c. 13, s. 119",
|
| 184 |
"last_amended": "2019-07-12",
|
|
|
|
|
|
|
| 185 |
"current_to": "2023-12-15",
|
| 186 |
"citation": "SCIDA, s. 9",
|
| 187 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-9.html"
|
|
@@ -199,6 +221,8 @@
|
|
| 199 |
"text": "10\n(1) The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations for carrying out the purposes and provisions of this Act, including regulations\n(a) respecting the manner of disclosure under section 5;\n(b) specifying information for the purposes of paragraph 9(1)(f) or (2)(f); and\n(c) respecting the manner in which records that are required by subsection 9(1) or (2) are to be prepared and kept and specifying the period during which they are to be kept.\n(2) [Amendments to Schedules 1 and 2] The Governor in Council may make an order adding the name of an institution to Schedule 1 or 2 or deleting one from either of those Schedules.\n(3) [Amendments to Schedule 3] The Governor in Council may make an order adding the name of a Government of Canada institution and the title of its head to Schedule 3, deleting the name of an institution and the title of its head from that Schedule or amending the name of an institution or the title of a head that is listed in that Schedule. An addition is authorized only if the institution has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada.",
|
| 200 |
"history": "2015, c. 20, s. 2 “10”; 2019, c. 13, s. 120",
|
| 201 |
"last_amended": "2019-07-12",
|
|
|
|
|
|
|
| 202 |
"current_to": "2023-12-15",
|
| 203 |
"citation": "SCIDA, s. 10",
|
| 204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-10.html"
|
|
|
|
| 12 |
"text": "1 This Act may be cited as the Security of Canada Information Disclosure Act.",
|
| 13 |
"history": "2015, c. 20, s. 2 “1”; 2019, c. 13, s. 114(E)",
|
| 14 |
"last_amended": "2019-06-21",
|
| 15 |
+
"in_force": "2019-06-21",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2023-12-15",
|
| 18 |
"citation": "SCIDA, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-1.html"
|
|
|
|
| 31 |
"text": "2\n(1) The following definitions apply in this Act.\nactivity that undermines the security of Canada means any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada. For greater certainty, it includes\n(a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations or public safety;\n(b) changing or unduly influencing a government in Canada by force or unlawful means;\n(c) espionage, sabotage or covert foreign-influenced activities;\n(d) terrorism;\n(e) proliferation of nuclear, chemical, radiological or biological weapons;\n(f) significant or widespread interference with critical infrastructure;\n(g) significant or widespread interference with the global information infrastructure, as defined in section 2 of the Communications Security Establishment Act; and\n(h) conduct that takes place in Canada and that undermines the security of another state. (activité portant atteinte à la sécurité du Canada)\n(i) [Repealed, 2019, c. 13, s. 115]\nGovernment of Canada institution means\n(a) a government institution — as defined in section 3 of the Privacy Act — other than one that is listed in Schedule 1; or\n(b) an institution that is listed in Schedule 2. (institution fédérale)\npeople of Canada[Repealed, 2019, c. 13, s. 115]\n(2) [Exception] For the purposes of this Act, advocacy, protest, dissent or artistic expression is not an activity that undermines the security of Canada unless carried on in conjunction with an activity that undermines the security of Canada.",
|
| 32 |
"history": "2015, c. 20, s. 2 “2”; 2019, c. 13, s. 89; 2019, c. 13, s. 115",
|
| 33 |
"last_amended": "2019-08-01",
|
| 34 |
+
"in_force": "2015-08-01",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2023-12-15",
|
| 37 |
"citation": "SCIDA, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-2.html"
|
|
|
|
| 50 |
"text": "3 The purpose of this Act is to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada.",
|
| 51 |
"history": "2015, c. 20, s. 2 “3”; 2019, c. 13, s. 116(E)",
|
| 52 |
"last_amended": "2019-06-21",
|
| 53 |
+
"in_force": "2019-06-21",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2023-12-15",
|
| 56 |
"citation": "SCIDA, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-3.html"
|
|
|
|
| 69 |
"text": "4 The disclosure of information under this Act is to be guided by the following principles:\n(a) effective and responsible disclosure of information protects Canada and Canadians;\n(b) respect for caveats on and originator control over disclosed information is consistent with effective and responsible disclosure of information;\n(c) entry into an information-sharing arrangement is appropriate when a Government of Canada institution regularly discloses information to the same Government of Canada institution;\n(d) the provision of feedback as to how disclosed information is used and as to whether it is useful in protecting against activities that undermine the security of Canada facilitates effective and responsible information disclosure; and\n(e) only those within an institution who exercise its jurisdiction or carry out its responsibilities in respect of activities that undermine the security of Canada ought to receive information that is disclosed under this Act.",
|
| 70 |
"history": "2015, c. 20, s. 2 “4”; 2019, c. 13, s. 117",
|
| 71 |
"last_amended": "2019-06-21",
|
| 72 |
+
"in_force": "2015-08-01",
|
| 73 |
+
"status": "in force",
|
| 74 |
"current_to": "2023-12-15",
|
| 75 |
"citation": "SCIDA, s. 4",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-4.html"
|
|
|
|
| 88 |
"text": "5\n(1) Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or to a person designated by the head of that recipient institution, if the disclosing institution is satisfied that\n(a) the disclosure will contribute to the exercise of the recipient institution’s jurisdiction, or the carrying out of its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada; and\n(b) the disclosure will not affect any person’s privacy interest more than is reasonably necessary in the circumstances.\n(2) [Statement regarding accuracy and reliability] An institution that discloses information under subsection (1) must, at the time of the disclosure, also provide information regarding its accuracy and the reliability of the manner in which it was obtained.",
|
| 89 |
"history": "2015, c. 20, s. 2 “5”; 2019, c. 13, s. 118",
|
| 90 |
"last_amended": "2019-06-21",
|
| 91 |
+
"in_force": "2019-06-21",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2023-12-15",
|
| 94 |
"citation": "SCIDA, s. 5",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-5.html"
|
|
|
|
| 107 |
"text": "5.1\n(1) A Government of Canada institution must, as soon as feasible after receiving it under section 5, destroy or return any personal information, as defined in section 3 of the Privacy Act, that is not necessary for the institution to exercise its jurisdiction, or to carry out its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada.\n(2) [Exception] Subsection (1) does not apply if the retention of the information is required by law.\n(3) [Canadian Security Intelligence Service Act] Subsection (1) does not apply to the Canadian Security Intelligence Service in respect of any information that relates to the performance of its duties and functions under section 12 of the Canadian Security Intelligence Service Act.",
|
| 108 |
"history": "2019, c. 13, s. 118",
|
| 109 |
"last_amended": "2019-06-21",
|
| 110 |
+
"in_force": "2019-06-21",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2023-12-15",
|
| 113 |
"citation": "SCIDA, s. 5.1",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-5.1.html"
|
|
|
|
| 126 |
"text": "6 Nothing in section 5 or 5.1 is to be construed as authorizing the collection or use of any information that is disclosed under section 5.",
|
| 127 |
"history": "2015, c. 20, s. 2 “6”; 2019, c. 13, s. 118",
|
| 128 |
"last_amended": "2019-06-21",
|
| 129 |
+
"in_force": "2019-06-21",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2023-12-15",
|
| 132 |
"citation": "SCIDA, s. 6",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-6.html"
|
|
|
|
| 145 |
"text": "7 The act of disclosing information under this Act does not create a presumption\n(a) that the disclosing institution is conducting a joint investigation or decision-making process with the recipient institution and therefore has the same obligations, if any, as the recipient institution to disclose or produce information for the purposes of a proceeding; or\n(b) that there has been a waiver of any privilege, or of any requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an institution that is not a Government of Canada institution.",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2015-08-01",
|
| 148 |
+
"in_force": "2015-08-01",
|
| 149 |
+
"status": "in force",
|
| 150 |
"current_to": "2023-12-15",
|
| 151 |
"citation": "SCIDA, s. 7",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-7.html"
|
|
|
|
| 164 |
"text": "7.1 For greater certainty, for the purpose of paragraph 8(2)(b) of the Privacy Act, the authority in this Act to disclose information includes the authority to disclose personal information, as defined in section 3 of the Privacy Act.",
|
| 165 |
"history": "2019, c. 13, s. 118.1",
|
| 166 |
"last_amended": "2019-06-21",
|
| 167 |
+
"in_force": "2019-06-21",
|
| 168 |
+
"status": "in force",
|
| 169 |
"current_to": "2023-12-15",
|
| 170 |
"citation": "SCIDA, s. 7.1",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-7.1.html"
|
|
|
|
| 183 |
"text": "8 Nothing in this Act limits or affects any authority to disclose information under another Act of Parliament or a provincial Act, at common law or under the royal prerogative.",
|
| 184 |
"history": "",
|
| 185 |
"last_amended": "2015-08-01",
|
| 186 |
+
"in_force": "2015-08-01",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2023-12-15",
|
| 189 |
"citation": "SCIDA, s. 8",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-8.html"
|
|
|
|
| 202 |
"text": "9\n(1) Every Government of Canada institution that discloses information under this Act must prepare and keep records that set out\n(a) a description of the information;\n(b) the name of the individual who authorized its disclosure;\n(c) the name of the recipient Government of Canada institution;\n(d) the date on which it was disclosed;\n(e) a description of the information that was relied on to satisfy the disclosing institution that the disclosure was authorized under this Act; and\n(f) any other information specified by the regulations.\n(2) [Obligation — recipient institution] Every Government of Canada institution that receives information under this Act must prepare and keep records that set out\n(a) a description of the information;\n(b) the name of the institution that disclosed it;\n(c) the name or position of the head of the recipient institution — or of the person designated by the head — who received the information;\n(d) the date on which it was received by the recipient institution;\n(e) whether the information has been destroyed or returned under subsection 5.1(1);\n(f) if the information has been destroyed under subsection 5.1(1), the date on which it was destroyed;\n(g) if the information was returned under subsection 5.1(1) to the institution that disclosed it, the date on which it was returned; and\n(h) any other information specified by the regulations.\n(3) [Copy to National Security and Intelligence Review Agency] Within 30 days after the end of each calendar year, every Government of Canada institution that disclosed information under section 5 during the year and every Government of Canada institution that received such information must provide the National Security and Intelligence Review Agency with a copy of every record it prepared under subsection (1) or (2), as the case may be, with respect to the information.",
|
| 203 |
"history": "2015, c. 20, s. 2 “9”; 2019, c. 13, s. 119",
|
| 204 |
"last_amended": "2019-07-12",
|
| 205 |
+
"in_force": "2019-06-21",
|
| 206 |
+
"status": "in force",
|
| 207 |
"current_to": "2023-12-15",
|
| 208 |
"citation": "SCIDA, s. 9",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-9.html"
|
|
|
|
| 221 |
"text": "10\n(1) The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations for carrying out the purposes and provisions of this Act, including regulations\n(a) respecting the manner of disclosure under section 5;\n(b) specifying information for the purposes of paragraph 9(1)(f) or (2)(f); and\n(c) respecting the manner in which records that are required by subsection 9(1) or (2) are to be prepared and kept and specifying the period during which they are to be kept.\n(2) [Amendments to Schedules 1 and 2] The Governor in Council may make an order adding the name of an institution to Schedule 1 or 2 or deleting one from either of those Schedules.\n(3) [Amendments to Schedule 3] The Governor in Council may make an order adding the name of a Government of Canada institution and the title of its head to Schedule 3, deleting the name of an institution and the title of its head from that Schedule or amending the name of an institution or the title of a head that is listed in that Schedule. An addition is authorized only if the institution has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada.",
|
| 222 |
"history": "2015, c. 20, s. 2 “10”; 2019, c. 13, s. 120",
|
| 223 |
"last_amended": "2019-07-12",
|
| 224 |
+
"in_force": "2015-08-01",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2023-12-15",
|
| 227 |
"citation": "SCIDA, s. 10",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/acts/s-6.9/section-10.html"
|
|
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@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1 The following definitions apply in these Rules.\nAct means the Immigration and Refugee Protection Act. (Loi)\nadmissibility hearing means a hearing held under subsection 44(2) of the Act. (enquête)\ncontact information means a person’s name, postal address and telephone number and the person’s fax number and electronic mail address, if any. (coordonnées)\ndetention review means a forty-eight hour review, a seven-day review and a thirty-day review. (contrôle des motifs de détention)\nDivision means the Immigration Division. (Section)\nforty-eight hour review means the review of the reasons for continued detention under subsection 57(1) of the Act. (contrôle des quarante-huit heures)\nparty means a permanent resident or foreign national, as the case may be, and the Minister. (partie)\nproceeding means an admissibility hearing, a detention review, a conference or an application. (procédure)\nregistry office means a business office of the Division. (greffe)\nseven-day review means the review of the reasons for continued detention required to be held during the seven days following a forty-eight hour review, under subsection 57(2) of the Act. (contrôle des sept jours)\nthirty-day review means the review of the reasons for continued detention required to be held during the thirty days following each previous review, under subsection 57(2) of the Act. (contrôle des trente jours)",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 15 |
"current_to": "2019-06-21",
|
| 16 |
"citation": "Immigration Division Rules, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2 All communication with the Division must be directed to the registry office specified by the Division.",
|
| 30 |
"history": "",
|
| 31 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 32 |
"current_to": "2019-06-21",
|
| 33 |
"citation": "Immigration Division Rules, s. 2",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-2.html"
|
|
@@ -46,6 +50,8 @@
|
|
| 46 |
"text": "3 When the Minister requests the Division to hold an admissibility hearing, the Minister must provide to the Division and the permanent resident or foreign national, as the case may be, any relevant information or document that the Minister may have, including\n(a) the name and other contact information in Canada of the permanent resident or foreign national;\n(b) the person’s date of birth, sex and citizenship;\n(c) whether the person is single, married, separated or divorced or is a common-law partner;\n(d) the inadmissibility report and the Minister’s referral;\n(e) whether the person has made a claim for refugee protection;\n(f) the name and address of the place of detention, if the person is detained;\n(g) the language — English or French — chosen by the person for communicating with the Division;\n(h) if an interpreter is required, the language or dialect to be interpreted;\n(i) if the person has counsel, the counsel’s contact information;\n(j) the client identification number given to the person by the Department of Citizenship and Immigration;\n(k) the names, sex, date of birth, citizenship, and other contact information of any family member whose case has been referred to the Division, and the client identification number given to them by the Department of Citizenship and Immigration;\n(l) the date on which the Minister makes the request;\n(m) the name and title of the Minister’s counsel;\n(n) whether the Minister has made an application for non-disclosure of information;\n(o) whether the Minister believes that the person is less than 18 years of age or is unable to appreciate the nature of the proceedings; and\n(p) the evidence to be presented by the Minister.",
|
| 47 |
"history": "",
|
| 48 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 49 |
"current_to": "2019-06-21",
|
| 50 |
"citation": "Immigration Division Rules, s. 3",
|
| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-3.html"
|
|
@@ -63,6 +69,8 @@
|
|
| 63 |
"text": "4 If the contact information changes, the permanent resident or foreign national, unless detained, must without delay provide the changes in writing to the Division and the Minister.",
|
| 64 |
"history": "",
|
| 65 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 66 |
"current_to": "2019-06-21",
|
| 67 |
"citation": "Immigration Division Rules, s. 4",
|
| 68 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-4.html"
|
|
@@ -80,6 +88,8 @@
|
|
| 80 |
"text": "5\n(1) Withdrawal of a request for an admissibility hearing is an abuse of process if withdrawal would likely have a negative effect on the integrity of the Division. If no substantive evidence has been accepted in the proceedings, withdrawal of a request is not an abuse of process.\n(2) [Withdrawal if no evidence has been accepted] If no substantive evidence has been accepted in the proceedings, the Minister may withdraw a request by notifying the Division orally at a proceeding or in writing. If the Minister notifies in writing, the Minister must provide a copy of the notice to the other party.\n(3) [Withdrawal if evidence has been accepted] If substantive evidence has been accepted in the proceedings, the Minister must make a written application to the Division in order to withdraw a request.",
|
| 81 |
"history": "",
|
| 82 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 83 |
"current_to": "2019-06-21",
|
| 84 |
"citation": "Immigration Division Rules, s. 5",
|
| 85 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-5.html"
|
|
@@ -97,6 +107,8 @@
|
|
| 97 |
"text": "6\n(1) The Minister may make a written application to the Division to reinstate a request for an admissibility hearing that was withdrawn.\n(2) [Factors] The Division must allow the application if it is established that there was a failure to observe a principle of natural justice or if it is otherwise in the interests of justice to allow the application.",
|
| 98 |
"history": "",
|
| 99 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 100 |
"current_to": "2019-06-21",
|
| 101 |
"citation": "Immigration Division Rules, s. 6",
|
| 102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-6.html"
|
|
@@ -114,6 +126,8 @@
|
|
| 114 |
"text": "7\n(1) If the decision at the conclusion of an admissibility hearing is in favour of the permanent resident or foreign national, the member making the decision must date and sign a notice of decision and provide a copy to the parties.\n(2) [Unfavourable decision] If the decision is not in favour of the permanent resident or foreign national, the member must date and sign an order indicating the applicable provisions of the Act and provide a copy to the parties. The member must also notify the permanent resident or foreign national of\n(a) their right to appeal to the Immigration Appeal Division; or\n(b) if they do not have the right to appeal, their right to file an application for judicial review in the Federal Court.\n(3) [When decision takes effect] A decision made orally at a hearing takes effect when a Division member states the decision. A decision made in writing takes effect when the member signs and dates it.\n(4) [Request for written reasons] A request made by a party for written reasons for a decision may be made orally at the end of an admissibility hearing or in writing. A request in writing must be received by the Division no later than 10 days after the decision takes effect.",
|
| 115 |
"history": "",
|
| 116 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 117 |
"current_to": "2019-06-21",
|
| 118 |
"citation": "Immigration Division Rules, s. 7",
|
| 119 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-7.html"
|
|
@@ -131,6 +145,8 @@
|
|
| 131 |
"text": "8\n(1) If a foreign national or a permanent resident is subject to a detention review, the Minister must provide the Division and the person detained with the following information:\n(a) the person’s name, sex, date of birth and citizenship;\n(b) whether the person is single, married, separated or divorced or is a common-law partner;\n(c) whether the person has made a claim for refugee protection;\n(d) the language — English or French — chosen by the person for communicating with the Division;\n(e) if an interpreter is required, the language or dialect to be interpreted;\n(f) if the person has counsel, the counsel’s contact information;\n(g) the date and time that the person was first placed in detention;\n(h) the name and address of the place where the person is being detained;\n(i) whether the Minister is seeking a detention review after the first forty-eight hour detention or after a seven-day or thirty-day review;\n(j) the identification number given to the person by the Department of Citizenship and Immigration;\n(k) the provision of the Act under which the review of the reasons for continued detention is required;\n(l) whether an application for non-disclosure of information has been made; and\n(m) whether the Minister believes that the person is less than 18 years of age or is unable to appreciate the nature of the proceedings.\n(2) [Time limit] The information must be received by the Division and the person detained\n(a) in the case of a forty-eight hour review, as soon as possible; and\n(b) in the case of a seven-day or thirty-day review, at least three days before the date fixed for the review.",
|
| 132 |
"history": "",
|
| 133 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 134 |
"current_to": "2019-06-21",
|
| 135 |
"citation": "Immigration Division Rules, s. 8",
|
| 136 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-8.html"
|
|
@@ -148,6 +164,8 @@
|
|
| 148 |
"text": "9\n(1) A party may make a written application to the Division requesting a detention review before the expiry of the seven-day or thirty-day period, as the case may be.\n(2) [Factor] The Division may allow the application if the party sets out new facts that justify an early review of the detention.",
|
| 149 |
"history": "",
|
| 150 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 151 |
"current_to": "2019-06-21",
|
| 152 |
"citation": "Immigration Division Rules, s. 9",
|
| 153 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-9.html"
|
|
@@ -165,6 +183,8 @@
|
|
| 165 |
"text": "10 The Minister must notify the Division as soon as a permanent resident or foreign national is removed from Canada prior to a scheduled detention review.",
|
| 166 |
"history": "",
|
| 167 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 168 |
"current_to": "2019-06-21",
|
| 169 |
"citation": "Immigration Division Rules, s. 10",
|
| 170 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-10.html"
|
|
@@ -182,6 +202,8 @@
|
|
| 182 |
"text": "11\n(1) At the conclusion of a detention review, the member must notify the parties of the member’s decision.\n(2) [Order] The member must date and sign an order for detention or release indicating the applicable provisions of the Act and provide a copy to the parties.\n(3) [When decision takes effect] A decision made orally at a hearing takes effect when a Division member states the decision. A decision made in writing takes effect when the member signs and dates it.\n(4) [Request for written reasons] A request made by a party for written reasons for a decision may be made orally at the end of a detention review or in writing. A request in writing must be received by the Division no later than 10 days after the decision takes effect.",
|
| 183 |
"history": "",
|
| 184 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 185 |
"current_to": "2019-06-21",
|
| 186 |
"citation": "Immigration Division Rules, s. 11",
|
| 187 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-11.html"
|
|
@@ -199,6 +221,8 @@
|
|
| 199 |
"text": "12 A permanent resident or foreign national who is represented by counsel must, on obtaining counsel, provide the counsel’s contact information in writing to the Division and the Minister. If that information changes, the permanent resident or foreign national must without delay provide the changes in writing to the Division and the Minister.",
|
| 200 |
"history": "",
|
| 201 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 202 |
"current_to": "2019-06-21",
|
| 203 |
"citation": "Immigration Division Rules, s. 12",
|
| 204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-12.html"
|
|
@@ -216,6 +240,8 @@
|
|
| 216 |
"text": "13 As soon as counsel for a permanent resident or foreign national agrees to a date for a proceeding, or becomes counsel after a date has been fixed, the counsel becomes counsel of record.",
|
| 217 |
"history": "",
|
| 218 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 219 |
"current_to": "2019-06-21",
|
| 220 |
"citation": "Immigration Division Rules, s. 13",
|
| 221 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-13.html"
|
|
@@ -233,6 +259,8 @@
|
|
| 233 |
"text": "14 To withdraw as counsel of record, counsel must notify the Division and the Minister in writing as soon as possible. Counsel is no longer counsel of record as soon as the Division receives the notice.",
|
| 234 |
"history": "",
|
| 235 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 236 |
"current_to": "2019-06-21",
|
| 237 |
"citation": "Immigration Division Rules, s. 14",
|
| 238 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-14.html"
|
|
@@ -250,6 +278,8 @@
|
|
| 250 |
"text": "15 To remove counsel as counsel of record, the permanent resident or foreign national must notify the Division and the Minister in writing as soon as possible. Counsel is no longer counsel of record when the Division receives the notice.",
|
| 251 |
"history": "",
|
| 252 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 253 |
"current_to": "2019-06-21",
|
| 254 |
"citation": "Immigration Division Rules, s. 15",
|
| 255 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-15.html"
|
|
@@ -267,6 +297,8 @@
|
|
| 267 |
"text": "16\n(1) A permanent resident or foreign national may make an application to the Division to change the language of the proceedings to English or French\n(a) orally or in writing in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in writing in all other cases.\n(2) [Time limit] A written application must be received by the Division\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.",
|
| 268 |
"history": "",
|
| 269 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 270 |
"current_to": "2019-06-21",
|
| 271 |
"citation": "Immigration Division Rules, s. 16",
|
| 272 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-16.html"
|
|
@@ -284,6 +316,8 @@
|
|
| 284 |
"text": "17\n(1) If a party or a party’s witness needs an interpreter for a proceeding, the party must notify the Division in writing and specify the language or dialect of the interpreter. The notice must be received by the Division\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.\n(2) [Interpreter’s oath] The interpreter must take an oath or make a solemn affirmation to interpret accurately.",
|
| 285 |
"history": "",
|
| 286 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 287 |
"current_to": "2019-06-21",
|
| 288 |
"citation": "Immigration Division Rules, s. 17",
|
| 289 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-17.html"
|
|
@@ -301,6 +335,8 @@
|
|
| 301 |
"text": "18 If counsel for a party believes that the Division should designate a representative for the permanent resident or foreign national in the proceedings because they are under 18 years of age or unable to appreciate the nature of the proceedings, counsel must without delay notify the Division and the other party in writing. If counsel is aware of a person in Canada who meets the requirements to be designated as a representative, counsel must provide the person’s contact information in the notice.",
|
| 302 |
"history": "",
|
| 303 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 304 |
"current_to": "2019-06-21",
|
| 305 |
"citation": "Immigration Division Rules, s. 18",
|
| 306 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-18.html"
|
|
@@ -318,6 +354,8 @@
|
|
| 318 |
"text": "19 To be designated as a representative, a person must\n(a) be 18 years of age or older;\n(b) understand the nature of the proceedings;\n(c) be willing and able to act in the best interests of the permanent resident or foreign national; and\n(d) not have interests that conflict with those of the permanent resident or foreign national.",
|
| 319 |
"history": "",
|
| 320 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 321 |
"current_to": "2019-06-21",
|
| 322 |
"citation": "Immigration Division Rules, s. 19",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-19.html"
|
|
@@ -335,6 +373,8 @@
|
|
| 335 |
"text": "20\n(1) The Division may require the parties to participate at a conference to discuss issues, relevant facts and any other matter that would make the proceedings more fair and efficient.\n(2) [Information or documents] The Division may require the parties to give any information or document at or before the conference.\n(3) [Decisions noted] The Division must make a written record of any decisions and agreements made at the conference or state them orally at the hearing.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 338 |
"current_to": "2019-06-21",
|
| 339 |
"citation": "Immigration Division Rules, s. 20",
|
| 340 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-20.html"
|
|
@@ -352,6 +392,8 @@
|
|
| 352 |
"text": "21 The Division must fix the date for a hearing and any other proceeding relating to the hearing. The Division may require the parties to participate in the preparation of a schedule of proceedings by appearing at a scheduling conference or otherwise providing information.",
|
| 353 |
"history": "",
|
| 354 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 355 |
"current_to": "2019-06-21",
|
| 356 |
"citation": "Immigration Division Rules, s. 21",
|
| 357 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-21.html"
|
|
@@ -369,6 +411,8 @@
|
|
| 369 |
"text": "22 The Division must notify the parties, orally or in writing, of the date, time and location of a hearing.",
|
| 370 |
"history": "",
|
| 371 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 372 |
"current_to": "2019-06-21",
|
| 373 |
"citation": "Immigration Division Rules, s. 22",
|
| 374 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-22.html"
|
|
@@ -386,6 +430,8 @@
|
|
| 386 |
"text": "23 The Division may order the person who holds a permanent resident or foreign national in custody to bring the permanent resident or foreign national to a hearing at a location specified by the Division.",
|
| 387 |
"history": "",
|
| 388 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 389 |
"current_to": "2019-06-21",
|
| 390 |
"citation": "Immigration Division Rules, s. 23",
|
| 391 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-23.html"
|
|
@@ -403,6 +449,8 @@
|
|
| 403 |
"text": "24\n(1) A document prepared for use by a party in a proceeding must be typewritten on one side of 21.5 cm by 28 cm (8½\" x 11\") paper and the pages must be numbered.\n(2) [Photocopies] Any photocopy provided by a party must be a clear copy of the document photocopied and be on one side of 21.5 cm by 28 cm (8½\" x 11\") paper and the pages must be numbered.\n(3) [Numbered documents] A party must number consecutively each document provided by the party.\n(4) [List of documents] If more than one document is provided, the party must provide a list of the documents and their numbers.",
|
| 404 |
"history": "",
|
| 405 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 406 |
"current_to": "2019-06-21",
|
| 407 |
"citation": "Immigration Division Rules, s. 24",
|
| 408 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-24.html"
|
|
@@ -420,6 +468,8 @@
|
|
| 420 |
"text": "25\n(1) All documents used at a proceeding must be in English or French or, if in another language, be provided with an English or French translation and a translator’s declaration.\n(2) [Language of Minister’s documents] If the Minister provides a document that is not in the language of the proceedings, the Minister must provide a translation and a translator’s declaration.\n(3) [Translator’s declaration] A translator’s declaration must include the translator’s name, the language translated and a statement signed by the translator that the translation is accurate.",
|
| 421 |
"history": "",
|
| 422 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 423 |
"current_to": "2019-06-21",
|
| 424 |
"citation": "Immigration Division Rules, s. 25",
|
| 425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-25.html"
|
|
@@ -437,6 +487,8 @@
|
|
| 437 |
"text": "26 If a party wants to use a document at a hearing, the party must provide a copy to the other party and the Division. The copies must be received\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.",
|
| 438 |
"history": "",
|
| 439 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 440 |
"current_to": "2019-06-21",
|
| 441 |
"citation": "Immigration Division Rules, s. 26",
|
| 442 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-26.html"
|
|
@@ -454,6 +506,8 @@
|
|
| 454 |
"text": "27 Rules 28 to 31 apply to any document, including a notice or a written request or application.",
|
| 455 |
"history": "",
|
| 456 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 457 |
"current_to": "2019-06-21",
|
| 458 |
"citation": "Immigration Division Rules, s. 27",
|
| 459 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-27.html"
|
|
@@ -471,6 +525,8 @@
|
|
| 471 |
"text": "28\n(1) A document provided to the Division must be provided to a Division member at a proceeding or to the registry office specified by the Division.\n(2) [Providing documents to the Minister] A document provided to the Minister must be provided to the Minister’s counsel.\n(3) [Providing documents to a permanent resident or foreign national] A document provided to a permanent resident or foreign national must be provided to them or, if they have counsel, to their counsel.",
|
| 472 |
"history": "",
|
| 473 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 474 |
"current_to": "2019-06-21",
|
| 475 |
"citation": "Immigration Division Rules, s. 28",
|
| 476 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-28.html"
|
|
@@ -488,6 +544,8 @@
|
|
| 488 |
"text": "29 A document can be provided in the following ways:\n(a) by hand;\n(b) by regular mail or registered mail;\n(c) by courier or priority post;\n(d) by fax if the recipient has a fax number and the document has no more than 20 pages, unless the recipient consents to receiving more than 20 pages; and\n(e) by electronic mail if the Division allows.",
|
| 489 |
"history": "",
|
| 490 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 491 |
"current_to": "2019-06-21",
|
| 492 |
"citation": "Immigration Division Rules, s. 29",
|
| 493 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-29.html"
|
|
@@ -505,6 +563,8 @@
|
|
| 505 |
"text": "30 If a party after making reasonable efforts is unable to provide a document in a way required by rule 29, the party may make an application to the Division to be allowed to provide the document in another way or to be excused from providing the document.",
|
| 506 |
"history": "",
|
| 507 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 508 |
"current_to": "2019-06-21",
|
| 509 |
"citation": "Immigration Division Rules, s. 30",
|
| 510 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-30.html"
|
|
@@ -522,6 +582,8 @@
|
|
| 522 |
"text": "31\n(1) A document provided to the Division is considered received by the Division on the day the document is date stamped by the Division.\n(2) [When a document provided by regular mail is considered received by a party] A document provided by regular mail to a party is considered to be received seven days after the day it was mailed. If the seventh day is a Saturday, Sunday or other statutory holiday, the document is considered to be received on the next working day.",
|
| 523 |
"history": "",
|
| 524 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 525 |
"current_to": "2019-06-21",
|
| 526 |
"citation": "Immigration Division Rules, s. 31",
|
| 527 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-31.html"
|
|
@@ -539,6 +601,8 @@
|
|
| 539 |
"text": "32\n(1) If a party wants to call a witness, the party must provide in writing to the other party and the Division the following witness information:\n(a) the purpose and substance of the witness’s testimony or, in the case of an expert witness, a summary of the testimony to be given signed by the expert witness;\n(b) the time needed for the witness’s testimony;\n(c) the party’s relationship to the witness;\n(d) in the case of an expert witness, a description of their qualifications;\n(e) whether the party wants the witness to testify by videoconference or telephone; and\n(f) the number of witnesses that the party intends to call.\n(2) [Time limit] The witness information must be received by the Division and the other party\n(a) as soon as possible in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.",
|
| 540 |
"history": "",
|
| 541 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 542 |
"current_to": "2019-06-21",
|
| 543 |
"citation": "Immigration Division Rules, s. 32",
|
| 544 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-32.html"
|
|
@@ -556,6 +620,8 @@
|
|
| 556 |
"text": "33\n(1) A party who wants the Division to order a person to testify at a hearing must make an application to the Division for a summons, either orally at a proceeding or in writing.\n(2) [Factors] In deciding whether to issue a summons, the Division must consider any relevant factors, including\n(a) the necessity of the testimony to a full and proper hearing; and\n(b) the ability of the person to give that testimony.\n(3) [Using the summons] If a party wants to use a summons, the party must\n(a) provide the summons to the summoned person by hand;\n(b) provide a copy of the summons to the Division with a written statement of how and when the summons was provided; and\n(c) pay or offer to pay the summoned person the applicable witness fees and travel expenses set out in Tariff A of the Federal Court Rules, 1998.",
|
| 557 |
"history": "",
|
| 558 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 559 |
"current_to": "2019-06-21",
|
| 560 |
"citation": "Immigration Division Rules, s. 33",
|
| 561 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-33.html"
|
|
@@ -573,6 +639,8 @@
|
|
| 573 |
"text": "34 A person summoned to appear may make a written application to the Division to cancel the summons.",
|
| 574 |
"history": "",
|
| 575 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 576 |
"current_to": "2019-06-21",
|
| 577 |
"citation": "Immigration Division Rules, s. 34",
|
| 578 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-34.html"
|
|
@@ -590,6 +658,8 @@
|
|
| 590 |
"text": "35\n(1) If a person does not obey a summons to appear, the party who requested the summons may make a written application to the Division to issue a warrant for the arrest of the person.\n(2) [Supporting evidence] The party must provide supporting evidence for the written application by affidavit or statutory declaration.\n(3) [Requirements for issue of arrest warrant] The Division may issue a warrant if\n(a) the person was provided the summons by hand or the person is avoiding being provided the summons;\n(b) the person was paid or offered the applicable witness fees and travel expenses set out in Tariff A of the Federal Court Rules, 1998;\n(c) the person did not appear at the hearing as required by the summons; and\n(d) the person’s testimony is still needed for a full and proper hearing.\n(4) [Content of a warrant] A warrant issued by the Division for the arrest of a person must include directions concerning detention and release.",
|
| 591 |
"history": "",
|
| 592 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 593 |
"current_to": "2019-06-21",
|
| 594 |
"citation": "Immigration Division Rules, s. 35",
|
| 595 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-35.html"
|
|
@@ -607,6 +677,8 @@
|
|
| 607 |
"text": "36 Unless allowed by the Division, no person shall communicate to a witness excluded from a hearing room any testimony given while the witness was excluded until that witness has finished testifying.",
|
| 608 |
"history": "",
|
| 609 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 610 |
"current_to": "2019-06-21",
|
| 611 |
"citation": "Immigration Division Rules, s. 36",
|
| 612 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-36.html"
|
|
@@ -624,6 +696,8 @@
|
|
| 624 |
"text": "37 Unless these Rules provide otherwise, a party\n(a) who wants the Division to make a decision on any matter in a proceeding, including the procedure to be followed, must make an application to the Division under rule 38;\n(b) who wants to respond to the application must respond under rule 39; and\n(c) who wants to reply to a response must reply under rule 40.",
|
| 625 |
"history": "",
|
| 626 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 627 |
"current_to": "2019-06-21",
|
| 628 |
"citation": "Immigration Division Rules, s. 37",
|
| 629 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-37.html"
|
|
@@ -641,6 +715,8 @@
|
|
| 641 |
"text": "38\n(1) Unless these Rules provide otherwise, an application must follow this rule.\n(2) [Time limit and form of application] The application must be made orally or in writing, and as soon as possible or within the time limit provided in the Act or these Rules.\n(3) [Procedure in oral application] For an application made orally, the Division determines the applicable procedure.\n(4) [Content of written application] A party who makes a written application must\n(a) state the decision that the party wants the Division to make;\n(b) give reasons why the Division should make that decision;\n(c) include any evidence that the party wants the Division to consider in deciding the application; and\n(d) in the case of an application that is not specified in these Rules, include supporting evidence in the form of a statutory declaration or affidavit.\n(5) [Providing the application] A party who makes a written application must provide\n(a) to the other party, a copy of the application; and\n(b) to the Division, the original application, together with a written statement of how and when the party provided the copy to the other party.",
|
| 642 |
"history": "",
|
| 643 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 644 |
"current_to": "2019-06-21",
|
| 645 |
"citation": "Immigration Division Rules, s. 38",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-38.html"
|
|
@@ -658,6 +734,8 @@
|
|
| 658 |
"text": "39\n(1) A response to a written application must be in writing. In a response the party must\n(a) state the decision the party wants the Division to make;\n(b) give reasons why the Division should make that decision;\n(c) include any evidence that the party wants the Division to consider when it decides the application; and\n(d) include supporting evidence in the form of a statutory declaration or affidavit, if the response is to an application that is not provided for by these Rules.\n(2) [Providing the response] A party who responds to a written application must provide\n(a) to the other party, a copy of the response; and\n(b) to the Division, the original response, together with a written statement of how and when the party provided the copy to the other party.\n(3) [Time limit] Documents provided under this rule must be received by their recipients\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, no later than five days after the party received a copy of the application.",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 661 |
"current_to": "2019-06-21",
|
| 662 |
"citation": "Immigration Division Rules, s. 39",
|
| 663 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-39.html"
|
|
@@ -675,6 +753,8 @@
|
|
| 675 |
"text": "40\n(1) A reply to a written response must be in writing.\n(2) [Providing the reply] A party who replies must provide\n(a) to the other party, a copy of the reply; and\n(b) to the Division, the original reply, together with a written statement of how and when the party provided the copy to the other party.\n(3) [Time limit] Documents provided under this rule must be received by their recipients\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, no later than three days after the party received a copy of the response.",
|
| 676 |
"history": "",
|
| 677 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 678 |
"current_to": "2019-06-21",
|
| 679 |
"citation": "Immigration Division Rules, s. 40",
|
| 680 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-40.html"
|
|
@@ -692,6 +772,8 @@
|
|
| 692 |
"text": "41\n(1) An application made by the Minister for non-disclosure of information must be made in writing as soon as possible.\n(2) [Exclusion from hearing room] If an application is made during a hearing, the Division must exclude the permanent resident or foreign national, and their counsel, from the hearing room.\n(3) [Providing summary to the Minister] The summary that the Division proposes to provide to the permanent resident or foreign national under paragraph 78(h) of the Act may be provided to the Minister by any means that ensures its confidentiality.",
|
| 693 |
"history": "",
|
| 694 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 695 |
"current_to": "2019-06-21",
|
| 696 |
"citation": "Immigration Division Rules, s. 41",
|
| 697 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-41.html"
|
|
@@ -709,6 +791,8 @@
|
|
| 709 |
"text": "42\n(1) A party may make an application to the Division to change the location of a hearing.\n(2) [Factors] In deciding the application, the Division must consider any relevant factors, including\n(a) whether a change of location would allow the hearing to be full and proper;\n(b) whether a change of location would likely delay or slow the hearing;\n(c) how a change of location would affect the operation of the Division;\n(d) how a change of location would affect the parties; and\n(e) whether a change of location would endanger public safety.\n(3) [Duty to appear at the hearing] Unless a party receives a decision from the Division allowing the application, the party must appear for the hearing at the location fixed and be ready to start or continue the hearing.",
|
| 710 |
"history": "",
|
| 711 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 712 |
"current_to": "2019-06-21",
|
| 713 |
"citation": "Immigration Division Rules, s. 42",
|
| 714 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-42.html"
|
|
@@ -726,6 +810,8 @@
|
|
| 726 |
"text": "43\n(1) A party may make an application to the Division to change the date or time of a hearing.\n(2) [Factors] In deciding the application, the Division must consider any relevant factors, including\n(a) in the case of a date and time that was fixed after the Division consulted or tried to consult the party, the existence of exceptional circumstances for allowing the application;\n(b) when the party made the application;\n(c) the time the party has had to prepare for the hearing;\n(d) the efforts made by the party to be ready to start or continue the hearing;\n(e) the nature and complexity of the matter to be heard;\n(f) whether the party has counsel;\n(g) any previous delays and the reasons for them;\n(h) whether the time and date fixed for the hearing was peremptory; and\n(i) whether allowing the application would unreasonably delay the proceedings or likely cause an injustice.\n(3) [Duty to appear at the hearing] Unless a party receives a decision from the Division allowing the application, the party must appear for the hearing at the date and time fixed and be ready to start or continue the hearing.",
|
| 727 |
"history": "",
|
| 728 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 729 |
"current_to": "2019-06-21",
|
| 730 |
"citation": "Immigration Division Rules, s. 43",
|
| 731 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-43.html"
|
|
@@ -743,6 +829,8 @@
|
|
| 743 |
"text": "44\n(1) A party may make an application to the Division to join hearings.\n(2) [Application to separate hearings] A party may make an application to the Division to separate hearings that are joined.\n(3) [Factors] Before deciding an application, the Division must consider any information provided by the applicant and any other relevant information, including\n(a) whether the hearings involve similar questions of law or fact;\n(b) whether allowing the application would promote the efficient administration of the work of the Division; and\n(c) whether allowing the application would likely cause an injustice.",
|
| 744 |
"history": "",
|
| 745 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 746 |
"current_to": "2019-06-21",
|
| 747 |
"citation": "Immigration Division Rules, s. 44",
|
| 748 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-44.html"
|
|
@@ -760,6 +848,8 @@
|
|
| 760 |
"text": "45\n(1) A person who makes an application to the Division to have a proceeding conducted in private must apply in writing and follow this rule.\n(2) [Content of application] In the application, the person must state the decision that the person wants the Division to make, and may request that the hearing of the application be conducted in private.\n(3) [Providing the application] The person must provide a copy of the application to the parties and the original application to the Division.\n(4) [Time limit] A document provided under this rule must be received by its recipient\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.\n(5) [Hearing of the application] At the hearing, the person must give reasons why the Division should conduct the proceeding in private and present any evidence that the person wants the Division to consider in deciding the application.",
|
| 761 |
"history": "",
|
| 762 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 763 |
"current_to": "2019-06-21",
|
| 764 |
"citation": "Immigration Division Rules, s. 45",
|
| 765 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-45.html"
|
|
@@ -777,6 +867,8 @@
|
|
| 777 |
"text": "46\n(1) A person who makes an application to the Division to have a proceeding conducted in public must apply in writing and follow this rule.\n(2) [Content of application] In the application, the person must\n(a) state the decision that the person wants the Division to make;\n(b) give reasons why the Division should make that decision; and\n(c) include any evidence that the person wants the Division to consider in deciding the application.\n(3) [Providing the application] The person must provide the original application and two copies to the Division. The Division must provide a copy of the application to the parties.\n(4) [Time limit] A document provided under this rule must be received by the Division\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.",
|
| 778 |
"history": "",
|
| 779 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 780 |
"current_to": "2019-06-21",
|
| 781 |
"citation": "Immigration Division Rules, s. 46",
|
| 782 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-46.html"
|
|
@@ -794,6 +886,8 @@
|
|
| 794 |
"text": "47\n(1) A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question.\n(2) [Form and content of notice] The party must provide notice using either Form 69, “Notice of Constitutional Question”, set out in the Federal Court Rules, 1998, or any other form that includes\n(a) the name of the party;\n(b) the Division file number;\n(c) the date, time and place of the hearing;\n(d) the specific legislative provision that is being challenged;\n(e) the relevant facts relied on to support the constitutional challenge; and\n(f) a summary of the legal argument to be made in support of the constitutional challenge.\n(3) [Providing the notice] The party must provide\n(a) a copy of the notice of constitutional question to the Attorney General of Canada and to the attorney general of every province and territory of Canada, in accordance with section 57 of the Federal Courts Act;\n(b) a copy of the notice to the other party; and\n(c) the original notice to the Division, together with a written statement of how and when a copy of the notice was provided under paragraphs (a) and (b).\n(4) [Time limit] Documents provided under this rule must be received by their recipients no later than 10 days before the day the constitutional argument will be made.",
|
| 795 |
"history": "2002, c. 8, s. 182",
|
| 796 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 797 |
"current_to": "2019-06-21",
|
| 798 |
"citation": "Immigration Division Rules, s. 47",
|
| 799 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-47.html"
|
|
@@ -811,6 +905,8 @@
|
|
| 811 |
"text": "48 Representations made by a party must be made orally at the end of a hearing unless the Division orders otherwise.",
|
| 812 |
"history": "",
|
| 813 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 814 |
"current_to": "2019-06-21",
|
| 815 |
"citation": "Immigration Division Rules, s. 48",
|
| 816 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-48.html"
|
|
@@ -828,6 +924,8 @@
|
|
| 828 |
"text": "49 In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter.",
|
| 829 |
"history": "",
|
| 830 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 831 |
"current_to": "2019-06-21",
|
| 832 |
"citation": "Immigration Division Rules, s. 49",
|
| 833 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-49.html"
|
|
@@ -845,6 +943,8 @@
|
|
| 845 |
"text": "50 The Division may\n(a) act on its own, without a party having to make an application or request to the Division;\n(b) change a requirement of a rule;\n(c) excuse a person from a requirement of a rule; and\n(d) extend or shorten a time limit, before or after the time limit has passed.",
|
| 846 |
"history": "",
|
| 847 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 848 |
"current_to": "2019-06-21",
|
| 849 |
"citation": "Immigration Division Rules, s. 50",
|
| 850 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-50.html"
|
|
@@ -862,6 +962,8 @@
|
|
| 862 |
"text": "51 Unless proceedings are declared invalid by the Division, a failure to follow any requirement of these Rules does not make the proceedings invalid.",
|
| 863 |
"history": "",
|
| 864 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 865 |
"current_to": "2019-06-21",
|
| 866 |
"citation": "Immigration Division Rules, s. 51",
|
| 867 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-51.html"
|
|
@@ -879,6 +981,8 @@
|
|
| 879 |
"text": "*52 These Rules come into force on the day on which section 161 of the Act comes into force.\n* [Note: Rules in force June 28, 2002, see SI/2002-97.]",
|
| 880 |
"history": "",
|
| 881 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 882 |
"current_to": "2019-06-21",
|
| 883 |
"citation": "Immigration Division Rules, s. *52",
|
| 884 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-*52.html"
|
|
|
|
| 12 |
"text": "1 The following definitions apply in these Rules.\nAct means the Immigration and Refugee Protection Act. (Loi)\nadmissibility hearing means a hearing held under subsection 44(2) of the Act. (enquête)\ncontact information means a person’s name, postal address and telephone number and the person’s fax number and electronic mail address, if any. (coordonnées)\ndetention review means a forty-eight hour review, a seven-day review and a thirty-day review. (contrôle des motifs de détention)\nDivision means the Immigration Division. (Section)\nforty-eight hour review means the review of the reasons for continued detention under subsection 57(1) of the Act. (contrôle des quarante-huit heures)\nparty means a permanent resident or foreign national, as the case may be, and the Minister. (partie)\nproceeding means an admissibility hearing, a detention review, a conference or an application. (procédure)\nregistry office means a business office of the Division. (greffe)\nseven-day review means the review of the reasons for continued detention required to be held during the seven days following a forty-eight hour review, under subsection 57(2) of the Act. (contrôle des sept jours)\nthirty-day review means the review of the reasons for continued detention required to be held during the thirty days following each previous review, under subsection 57(2) of the Act. (contrôle des trente jours)",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2006-03-22",
|
| 15 |
+
"in_force": "2006-03-22",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2019-06-21",
|
| 18 |
"citation": "Immigration Division Rules, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-1.html"
|
|
|
|
| 31 |
"text": "2 All communication with the Division must be directed to the registry office specified by the Division.",
|
| 32 |
"history": "",
|
| 33 |
"last_amended": "2006-03-22",
|
| 34 |
+
"in_force": "2006-03-22",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2019-06-21",
|
| 37 |
"citation": "Immigration Division Rules, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-2.html"
|
|
|
|
| 50 |
"text": "3 When the Minister requests the Division to hold an admissibility hearing, the Minister must provide to the Division and the permanent resident or foreign national, as the case may be, any relevant information or document that the Minister may have, including\n(a) the name and other contact information in Canada of the permanent resident or foreign national;\n(b) the person’s date of birth, sex and citizenship;\n(c) whether the person is single, married, separated or divorced or is a common-law partner;\n(d) the inadmissibility report and the Minister’s referral;\n(e) whether the person has made a claim for refugee protection;\n(f) the name and address of the place of detention, if the person is detained;\n(g) the language — English or French — chosen by the person for communicating with the Division;\n(h) if an interpreter is required, the language or dialect to be interpreted;\n(i) if the person has counsel, the counsel’s contact information;\n(j) the client identification number given to the person by the Department of Citizenship and Immigration;\n(k) the names, sex, date of birth, citizenship, and other contact information of any family member whose case has been referred to the Division, and the client identification number given to them by the Department of Citizenship and Immigration;\n(l) the date on which the Minister makes the request;\n(m) the name and title of the Minister’s counsel;\n(n) whether the Minister has made an application for non-disclosure of information;\n(o) whether the Minister believes that the person is less than 18 years of age or is unable to appreciate the nature of the proceedings; and\n(p) the evidence to be presented by the Minister.",
|
| 51 |
"history": "",
|
| 52 |
"last_amended": "2006-03-22",
|
| 53 |
+
"in_force": "2006-03-22",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2019-06-21",
|
| 56 |
"citation": "Immigration Division Rules, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-3.html"
|
|
|
|
| 69 |
"text": "4 If the contact information changes, the permanent resident or foreign national, unless detained, must without delay provide the changes in writing to the Division and the Minister.",
|
| 70 |
"history": "",
|
| 71 |
"last_amended": "2006-03-22",
|
| 72 |
+
"in_force": "2006-03-22",
|
| 73 |
+
"status": "in force",
|
| 74 |
"current_to": "2019-06-21",
|
| 75 |
"citation": "Immigration Division Rules, s. 4",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-4.html"
|
|
|
|
| 88 |
"text": "5\n(1) Withdrawal of a request for an admissibility hearing is an abuse of process if withdrawal would likely have a negative effect on the integrity of the Division. If no substantive evidence has been accepted in the proceedings, withdrawal of a request is not an abuse of process.\n(2) [Withdrawal if no evidence has been accepted] If no substantive evidence has been accepted in the proceedings, the Minister may withdraw a request by notifying the Division orally at a proceeding or in writing. If the Minister notifies in writing, the Minister must provide a copy of the notice to the other party.\n(3) [Withdrawal if evidence has been accepted] If substantive evidence has been accepted in the proceedings, the Minister must make a written application to the Division in order to withdraw a request.",
|
| 89 |
"history": "",
|
| 90 |
"last_amended": "2006-03-22",
|
| 91 |
+
"in_force": "2006-03-22",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2019-06-21",
|
| 94 |
"citation": "Immigration Division Rules, s. 5",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-5.html"
|
|
|
|
| 107 |
"text": "6\n(1) The Minister may make a written application to the Division to reinstate a request for an admissibility hearing that was withdrawn.\n(2) [Factors] The Division must allow the application if it is established that there was a failure to observe a principle of natural justice or if it is otherwise in the interests of justice to allow the application.",
|
| 108 |
"history": "",
|
| 109 |
"last_amended": "2006-03-22",
|
| 110 |
+
"in_force": "2006-03-22",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2019-06-21",
|
| 113 |
"citation": "Immigration Division Rules, s. 6",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-6.html"
|
|
|
|
| 126 |
"text": "7\n(1) If the decision at the conclusion of an admissibility hearing is in favour of the permanent resident or foreign national, the member making the decision must date and sign a notice of decision and provide a copy to the parties.\n(2) [Unfavourable decision] If the decision is not in favour of the permanent resident or foreign national, the member must date and sign an order indicating the applicable provisions of the Act and provide a copy to the parties. The member must also notify the permanent resident or foreign national of\n(a) their right to appeal to the Immigration Appeal Division; or\n(b) if they do not have the right to appeal, their right to file an application for judicial review in the Federal Court.\n(3) [When decision takes effect] A decision made orally at a hearing takes effect when a Division member states the decision. A decision made in writing takes effect when the member signs and dates it.\n(4) [Request for written reasons] A request made by a party for written reasons for a decision may be made orally at the end of an admissibility hearing or in writing. A request in writing must be received by the Division no later than 10 days after the decision takes effect.",
|
| 127 |
"history": "",
|
| 128 |
"last_amended": "2006-03-22",
|
| 129 |
+
"in_force": "2006-03-22",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2019-06-21",
|
| 132 |
"citation": "Immigration Division Rules, s. 7",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-7.html"
|
|
|
|
| 145 |
"text": "8\n(1) If a foreign national or a permanent resident is subject to a detention review, the Minister must provide the Division and the person detained with the following information:\n(a) the person’s name, sex, date of birth and citizenship;\n(b) whether the person is single, married, separated or divorced or is a common-law partner;\n(c) whether the person has made a claim for refugee protection;\n(d) the language — English or French — chosen by the person for communicating with the Division;\n(e) if an interpreter is required, the language or dialect to be interpreted;\n(f) if the person has counsel, the counsel’s contact information;\n(g) the date and time that the person was first placed in detention;\n(h) the name and address of the place where the person is being detained;\n(i) whether the Minister is seeking a detention review after the first forty-eight hour detention or after a seven-day or thirty-day review;\n(j) the identification number given to the person by the Department of Citizenship and Immigration;\n(k) the provision of the Act under which the review of the reasons for continued detention is required;\n(l) whether an application for non-disclosure of information has been made; and\n(m) whether the Minister believes that the person is less than 18 years of age or is unable to appreciate the nature of the proceedings.\n(2) [Time limit] The information must be received by the Division and the person detained\n(a) in the case of a forty-eight hour review, as soon as possible; and\n(b) in the case of a seven-day or thirty-day review, at least three days before the date fixed for the review.",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2006-03-22",
|
| 148 |
+
"in_force": "2006-03-22",
|
| 149 |
+
"status": "in force",
|
| 150 |
"current_to": "2019-06-21",
|
| 151 |
"citation": "Immigration Division Rules, s. 8",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-8.html"
|
|
|
|
| 164 |
"text": "9\n(1) A party may make a written application to the Division requesting a detention review before the expiry of the seven-day or thirty-day period, as the case may be.\n(2) [Factor] The Division may allow the application if the party sets out new facts that justify an early review of the detention.",
|
| 165 |
"history": "",
|
| 166 |
"last_amended": "2006-03-22",
|
| 167 |
+
"in_force": "2006-03-22",
|
| 168 |
+
"status": "in force",
|
| 169 |
"current_to": "2019-06-21",
|
| 170 |
"citation": "Immigration Division Rules, s. 9",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-9.html"
|
|
|
|
| 183 |
"text": "10 The Minister must notify the Division as soon as a permanent resident or foreign national is removed from Canada prior to a scheduled detention review.",
|
| 184 |
"history": "",
|
| 185 |
"last_amended": "2006-03-22",
|
| 186 |
+
"in_force": "2006-03-22",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2019-06-21",
|
| 189 |
"citation": "Immigration Division Rules, s. 10",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-10.html"
|
|
|
|
| 202 |
"text": "11\n(1) At the conclusion of a detention review, the member must notify the parties of the member’s decision.\n(2) [Order] The member must date and sign an order for detention or release indicating the applicable provisions of the Act and provide a copy to the parties.\n(3) [When decision takes effect] A decision made orally at a hearing takes effect when a Division member states the decision. A decision made in writing takes effect when the member signs and dates it.\n(4) [Request for written reasons] A request made by a party for written reasons for a decision may be made orally at the end of a detention review or in writing. A request in writing must be received by the Division no later than 10 days after the decision takes effect.",
|
| 203 |
"history": "",
|
| 204 |
"last_amended": "2006-03-22",
|
| 205 |
+
"in_force": "2006-03-22",
|
| 206 |
+
"status": "in force",
|
| 207 |
"current_to": "2019-06-21",
|
| 208 |
"citation": "Immigration Division Rules, s. 11",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-11.html"
|
|
|
|
| 221 |
"text": "12 A permanent resident or foreign national who is represented by counsel must, on obtaining counsel, provide the counsel’s contact information in writing to the Division and the Minister. If that information changes, the permanent resident or foreign national must without delay provide the changes in writing to the Division and the Minister.",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2006-03-22",
|
| 224 |
+
"in_force": "2006-03-22",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2019-06-21",
|
| 227 |
"citation": "Immigration Division Rules, s. 12",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-12.html"
|
|
|
|
| 240 |
"text": "13 As soon as counsel for a permanent resident or foreign national agrees to a date for a proceeding, or becomes counsel after a date has been fixed, the counsel becomes counsel of record.",
|
| 241 |
"history": "",
|
| 242 |
"last_amended": "2006-03-22",
|
| 243 |
+
"in_force": "2006-03-22",
|
| 244 |
+
"status": "in force",
|
| 245 |
"current_to": "2019-06-21",
|
| 246 |
"citation": "Immigration Division Rules, s. 13",
|
| 247 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-13.html"
|
|
|
|
| 259 |
"text": "14 To withdraw as counsel of record, counsel must notify the Division and the Minister in writing as soon as possible. Counsel is no longer counsel of record as soon as the Division receives the notice.",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2006-03-22",
|
| 262 |
+
"in_force": "2006-03-22",
|
| 263 |
+
"status": "in force",
|
| 264 |
"current_to": "2019-06-21",
|
| 265 |
"citation": "Immigration Division Rules, s. 14",
|
| 266 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-14.html"
|
|
|
|
| 278 |
"text": "15 To remove counsel as counsel of record, the permanent resident or foreign national must notify the Division and the Minister in writing as soon as possible. Counsel is no longer counsel of record when the Division receives the notice.",
|
| 279 |
"history": "",
|
| 280 |
"last_amended": "2006-03-22",
|
| 281 |
+
"in_force": "2006-03-22",
|
| 282 |
+
"status": "in force",
|
| 283 |
"current_to": "2019-06-21",
|
| 284 |
"citation": "Immigration Division Rules, s. 15",
|
| 285 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-15.html"
|
|
|
|
| 297 |
"text": "16\n(1) A permanent resident or foreign national may make an application to the Division to change the language of the proceedings to English or French\n(a) orally or in writing in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in writing in all other cases.\n(2) [Time limit] A written application must be received by the Division\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2006-03-22",
|
| 300 |
+
"in_force": "2006-03-22",
|
| 301 |
+
"status": "in force",
|
| 302 |
"current_to": "2019-06-21",
|
| 303 |
"citation": "Immigration Division Rules, s. 16",
|
| 304 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-16.html"
|
|
|
|
| 316 |
"text": "17\n(1) If a party or a party’s witness needs an interpreter for a proceeding, the party must notify the Division in writing and specify the language or dialect of the interpreter. The notice must be received by the Division\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.\n(2) [Interpreter’s oath] The interpreter must take an oath or make a solemn affirmation to interpret accurately.",
|
| 317 |
"history": "",
|
| 318 |
"last_amended": "2006-03-22",
|
| 319 |
+
"in_force": "2006-03-22",
|
| 320 |
+
"status": "in force",
|
| 321 |
"current_to": "2019-06-21",
|
| 322 |
"citation": "Immigration Division Rules, s. 17",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-17.html"
|
|
|
|
| 335 |
"text": "18 If counsel for a party believes that the Division should designate a representative for the permanent resident or foreign national in the proceedings because they are under 18 years of age or unable to appreciate the nature of the proceedings, counsel must without delay notify the Division and the other party in writing. If counsel is aware of a person in Canada who meets the requirements to be designated as a representative, counsel must provide the person’s contact information in the notice.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2006-03-22",
|
| 338 |
+
"in_force": "2006-03-22",
|
| 339 |
+
"status": "in force",
|
| 340 |
"current_to": "2019-06-21",
|
| 341 |
"citation": "Immigration Division Rules, s. 18",
|
| 342 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-18.html"
|
|
|
|
| 354 |
"text": "19 To be designated as a representative, a person must\n(a) be 18 years of age or older;\n(b) understand the nature of the proceedings;\n(c) be willing and able to act in the best interests of the permanent resident or foreign national; and\n(d) not have interests that conflict with those of the permanent resident or foreign national.",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2006-03-22",
|
| 357 |
+
"in_force": "2006-03-22",
|
| 358 |
+
"status": "in force",
|
| 359 |
"current_to": "2019-06-21",
|
| 360 |
"citation": "Immigration Division Rules, s. 19",
|
| 361 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-19.html"
|
|
|
|
| 373 |
"text": "20\n(1) The Division may require the parties to participate at a conference to discuss issues, relevant facts and any other matter that would make the proceedings more fair and efficient.\n(2) [Information or documents] The Division may require the parties to give any information or document at or before the conference.\n(3) [Decisions noted] The Division must make a written record of any decisions and agreements made at the conference or state them orally at the hearing.",
|
| 374 |
"history": "",
|
| 375 |
"last_amended": "2006-03-22",
|
| 376 |
+
"in_force": "2006-03-22",
|
| 377 |
+
"status": "in force",
|
| 378 |
"current_to": "2019-06-21",
|
| 379 |
"citation": "Immigration Division Rules, s. 20",
|
| 380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-20.html"
|
|
|
|
| 392 |
"text": "21 The Division must fix the date for a hearing and any other proceeding relating to the hearing. The Division may require the parties to participate in the preparation of a schedule of proceedings by appearing at a scheduling conference or otherwise providing information.",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2006-03-22",
|
| 395 |
+
"in_force": "2006-03-22",
|
| 396 |
+
"status": "in force",
|
| 397 |
"current_to": "2019-06-21",
|
| 398 |
"citation": "Immigration Division Rules, s. 21",
|
| 399 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-21.html"
|
|
|
|
| 411 |
"text": "22 The Division must notify the parties, orally or in writing, of the date, time and location of a hearing.",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2006-03-22",
|
| 414 |
+
"in_force": "2006-03-22",
|
| 415 |
+
"status": "in force",
|
| 416 |
"current_to": "2019-06-21",
|
| 417 |
"citation": "Immigration Division Rules, s. 22",
|
| 418 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-22.html"
|
|
|
|
| 430 |
"text": "23 The Division may order the person who holds a permanent resident or foreign national in custody to bring the permanent resident or foreign national to a hearing at a location specified by the Division.",
|
| 431 |
"history": "",
|
| 432 |
"last_amended": "2006-03-22",
|
| 433 |
+
"in_force": "2006-03-22",
|
| 434 |
+
"status": "in force",
|
| 435 |
"current_to": "2019-06-21",
|
| 436 |
"citation": "Immigration Division Rules, s. 23",
|
| 437 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-23.html"
|
|
|
|
| 449 |
"text": "24\n(1) A document prepared for use by a party in a proceeding must be typewritten on one side of 21.5 cm by 28 cm (8½\" x 11\") paper and the pages must be numbered.\n(2) [Photocopies] Any photocopy provided by a party must be a clear copy of the document photocopied and be on one side of 21.5 cm by 28 cm (8½\" x 11\") paper and the pages must be numbered.\n(3) [Numbered documents] A party must number consecutively each document provided by the party.\n(4) [List of documents] If more than one document is provided, the party must provide a list of the documents and their numbers.",
|
| 450 |
"history": "",
|
| 451 |
"last_amended": "2006-03-22",
|
| 452 |
+
"in_force": "2006-03-22",
|
| 453 |
+
"status": "in force",
|
| 454 |
"current_to": "2019-06-21",
|
| 455 |
"citation": "Immigration Division Rules, s. 24",
|
| 456 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-24.html"
|
|
|
|
| 468 |
"text": "25\n(1) All documents used at a proceeding must be in English or French or, if in another language, be provided with an English or French translation and a translator’s declaration.\n(2) [Language of Minister’s documents] If the Minister provides a document that is not in the language of the proceedings, the Minister must provide a translation and a translator’s declaration.\n(3) [Translator’s declaration] A translator’s declaration must include the translator’s name, the language translated and a statement signed by the translator that the translation is accurate.",
|
| 469 |
"history": "",
|
| 470 |
"last_amended": "2006-03-22",
|
| 471 |
+
"in_force": "2006-03-22",
|
| 472 |
+
"status": "in force",
|
| 473 |
"current_to": "2019-06-21",
|
| 474 |
"citation": "Immigration Division Rules, s. 25",
|
| 475 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-25.html"
|
|
|
|
| 487 |
"text": "26 If a party wants to use a document at a hearing, the party must provide a copy to the other party and the Division. The copies must be received\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.",
|
| 488 |
"history": "",
|
| 489 |
"last_amended": "2006-03-22",
|
| 490 |
+
"in_force": "2006-03-22",
|
| 491 |
+
"status": "in force",
|
| 492 |
"current_to": "2019-06-21",
|
| 493 |
"citation": "Immigration Division Rules, s. 26",
|
| 494 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-26.html"
|
|
|
|
| 506 |
"text": "27 Rules 28 to 31 apply to any document, including a notice or a written request or application.",
|
| 507 |
"history": "",
|
| 508 |
"last_amended": "2006-03-22",
|
| 509 |
+
"in_force": "2006-03-22",
|
| 510 |
+
"status": "in force",
|
| 511 |
"current_to": "2019-06-21",
|
| 512 |
"citation": "Immigration Division Rules, s. 27",
|
| 513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-27.html"
|
|
|
|
| 525 |
"text": "28\n(1) A document provided to the Division must be provided to a Division member at a proceeding or to the registry office specified by the Division.\n(2) [Providing documents to the Minister] A document provided to the Minister must be provided to the Minister’s counsel.\n(3) [Providing documents to a permanent resident or foreign national] A document provided to a permanent resident or foreign national must be provided to them or, if they have counsel, to their counsel.",
|
| 526 |
"history": "",
|
| 527 |
"last_amended": "2006-03-22",
|
| 528 |
+
"in_force": "2006-03-22",
|
| 529 |
+
"status": "in force",
|
| 530 |
"current_to": "2019-06-21",
|
| 531 |
"citation": "Immigration Division Rules, s. 28",
|
| 532 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-28.html"
|
|
|
|
| 544 |
"text": "29 A document can be provided in the following ways:\n(a) by hand;\n(b) by regular mail or registered mail;\n(c) by courier or priority post;\n(d) by fax if the recipient has a fax number and the document has no more than 20 pages, unless the recipient consents to receiving more than 20 pages; and\n(e) by electronic mail if the Division allows.",
|
| 545 |
"history": "",
|
| 546 |
"last_amended": "2006-03-22",
|
| 547 |
+
"in_force": "2006-03-22",
|
| 548 |
+
"status": "in force",
|
| 549 |
"current_to": "2019-06-21",
|
| 550 |
"citation": "Immigration Division Rules, s. 29",
|
| 551 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-29.html"
|
|
|
|
| 563 |
"text": "30 If a party after making reasonable efforts is unable to provide a document in a way required by rule 29, the party may make an application to the Division to be allowed to provide the document in another way or to be excused from providing the document.",
|
| 564 |
"history": "",
|
| 565 |
"last_amended": "2006-03-22",
|
| 566 |
+
"in_force": "2006-03-22",
|
| 567 |
+
"status": "in force",
|
| 568 |
"current_to": "2019-06-21",
|
| 569 |
"citation": "Immigration Division Rules, s. 30",
|
| 570 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-30.html"
|
|
|
|
| 582 |
"text": "31\n(1) A document provided to the Division is considered received by the Division on the day the document is date stamped by the Division.\n(2) [When a document provided by regular mail is considered received by a party] A document provided by regular mail to a party is considered to be received seven days after the day it was mailed. If the seventh day is a Saturday, Sunday or other statutory holiday, the document is considered to be received on the next working day.",
|
| 583 |
"history": "",
|
| 584 |
"last_amended": "2006-03-22",
|
| 585 |
+
"in_force": "2006-03-22",
|
| 586 |
+
"status": "in force",
|
| 587 |
"current_to": "2019-06-21",
|
| 588 |
"citation": "Immigration Division Rules, s. 31",
|
| 589 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-31.html"
|
|
|
|
| 601 |
"text": "32\n(1) If a party wants to call a witness, the party must provide in writing to the other party and the Division the following witness information:\n(a) the purpose and substance of the witness’s testimony or, in the case of an expert witness, a summary of the testimony to be given signed by the expert witness;\n(b) the time needed for the witness’s testimony;\n(c) the party’s relationship to the witness;\n(d) in the case of an expert witness, a description of their qualifications;\n(e) whether the party wants the witness to testify by videoconference or telephone; and\n(f) the number of witnesses that the party intends to call.\n(2) [Time limit] The witness information must be received by the Division and the other party\n(a) as soon as possible in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.",
|
| 602 |
"history": "",
|
| 603 |
"last_amended": "2006-03-22",
|
| 604 |
+
"in_force": "2006-03-22",
|
| 605 |
+
"status": "in force",
|
| 606 |
"current_to": "2019-06-21",
|
| 607 |
"citation": "Immigration Division Rules, s. 32",
|
| 608 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-32.html"
|
|
|
|
| 620 |
"text": "33\n(1) A party who wants the Division to order a person to testify at a hearing must make an application to the Division for a summons, either orally at a proceeding or in writing.\n(2) [Factors] In deciding whether to issue a summons, the Division must consider any relevant factors, including\n(a) the necessity of the testimony to a full and proper hearing; and\n(b) the ability of the person to give that testimony.\n(3) [Using the summons] If a party wants to use a summons, the party must\n(a) provide the summons to the summoned person by hand;\n(b) provide a copy of the summons to the Division with a written statement of how and when the summons was provided; and\n(c) pay or offer to pay the summoned person the applicable witness fees and travel expenses set out in Tariff A of the Federal Court Rules, 1998.",
|
| 621 |
"history": "",
|
| 622 |
"last_amended": "2006-03-22",
|
| 623 |
+
"in_force": "2006-03-22",
|
| 624 |
+
"status": "in force",
|
| 625 |
"current_to": "2019-06-21",
|
| 626 |
"citation": "Immigration Division Rules, s. 33",
|
| 627 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-33.html"
|
|
|
|
| 639 |
"text": "34 A person summoned to appear may make a written application to the Division to cancel the summons.",
|
| 640 |
"history": "",
|
| 641 |
"last_amended": "2006-03-22",
|
| 642 |
+
"in_force": "2006-03-22",
|
| 643 |
+
"status": "in force",
|
| 644 |
"current_to": "2019-06-21",
|
| 645 |
"citation": "Immigration Division Rules, s. 34",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-34.html"
|
|
|
|
| 658 |
"text": "35\n(1) If a person does not obey a summons to appear, the party who requested the summons may make a written application to the Division to issue a warrant for the arrest of the person.\n(2) [Supporting evidence] The party must provide supporting evidence for the written application by affidavit or statutory declaration.\n(3) [Requirements for issue of arrest warrant] The Division may issue a warrant if\n(a) the person was provided the summons by hand or the person is avoiding being provided the summons;\n(b) the person was paid or offered the applicable witness fees and travel expenses set out in Tariff A of the Federal Court Rules, 1998;\n(c) the person did not appear at the hearing as required by the summons; and\n(d) the person’s testimony is still needed for a full and proper hearing.\n(4) [Content of a warrant] A warrant issued by the Division for the arrest of a person must include directions concerning detention and release.",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2006-03-22",
|
| 661 |
+
"in_force": "2006-03-22",
|
| 662 |
+
"status": "in force",
|
| 663 |
"current_to": "2019-06-21",
|
| 664 |
"citation": "Immigration Division Rules, s. 35",
|
| 665 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-35.html"
|
|
|
|
| 677 |
"text": "36 Unless allowed by the Division, no person shall communicate to a witness excluded from a hearing room any testimony given while the witness was excluded until that witness has finished testifying.",
|
| 678 |
"history": "",
|
| 679 |
"last_amended": "2006-03-22",
|
| 680 |
+
"in_force": "2006-03-22",
|
| 681 |
+
"status": "in force",
|
| 682 |
"current_to": "2019-06-21",
|
| 683 |
"citation": "Immigration Division Rules, s. 36",
|
| 684 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-36.html"
|
|
|
|
| 696 |
"text": "37 Unless these Rules provide otherwise, a party\n(a) who wants the Division to make a decision on any matter in a proceeding, including the procedure to be followed, must make an application to the Division under rule 38;\n(b) who wants to respond to the application must respond under rule 39; and\n(c) who wants to reply to a response must reply under rule 40.",
|
| 697 |
"history": "",
|
| 698 |
"last_amended": "2006-03-22",
|
| 699 |
+
"in_force": "2006-03-22",
|
| 700 |
+
"status": "in force",
|
| 701 |
"current_to": "2019-06-21",
|
| 702 |
"citation": "Immigration Division Rules, s. 37",
|
| 703 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-37.html"
|
|
|
|
| 715 |
"text": "38\n(1) Unless these Rules provide otherwise, an application must follow this rule.\n(2) [Time limit and form of application] The application must be made orally or in writing, and as soon as possible or within the time limit provided in the Act or these Rules.\n(3) [Procedure in oral application] For an application made orally, the Division determines the applicable procedure.\n(4) [Content of written application] A party who makes a written application must\n(a) state the decision that the party wants the Division to make;\n(b) give reasons why the Division should make that decision;\n(c) include any evidence that the party wants the Division to consider in deciding the application; and\n(d) in the case of an application that is not specified in these Rules, include supporting evidence in the form of a statutory declaration or affidavit.\n(5) [Providing the application] A party who makes a written application must provide\n(a) to the other party, a copy of the application; and\n(b) to the Division, the original application, together with a written statement of how and when the party provided the copy to the other party.",
|
| 716 |
"history": "",
|
| 717 |
"last_amended": "2006-03-22",
|
| 718 |
+
"in_force": "2006-03-22",
|
| 719 |
+
"status": "in force",
|
| 720 |
"current_to": "2019-06-21",
|
| 721 |
"citation": "Immigration Division Rules, s. 38",
|
| 722 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-38.html"
|
|
|
|
| 734 |
"text": "39\n(1) A response to a written application must be in writing. In a response the party must\n(a) state the decision the party wants the Division to make;\n(b) give reasons why the Division should make that decision;\n(c) include any evidence that the party wants the Division to consider when it decides the application; and\n(d) include supporting evidence in the form of a statutory declaration or affidavit, if the response is to an application that is not provided for by these Rules.\n(2) [Providing the response] A party who responds to a written application must provide\n(a) to the other party, a copy of the response; and\n(b) to the Division, the original response, together with a written statement of how and when the party provided the copy to the other party.\n(3) [Time limit] Documents provided under this rule must be received by their recipients\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, no later than five days after the party received a copy of the application.",
|
| 735 |
"history": "",
|
| 736 |
"last_amended": "2006-03-22",
|
| 737 |
+
"in_force": "2006-03-22",
|
| 738 |
+
"status": "in force",
|
| 739 |
"current_to": "2019-06-21",
|
| 740 |
"citation": "Immigration Division Rules, s. 39",
|
| 741 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-39.html"
|
|
|
|
| 753 |
"text": "40\n(1) A reply to a written response must be in writing.\n(2) [Providing the reply] A party who replies must provide\n(a) to the other party, a copy of the reply; and\n(b) to the Division, the original reply, together with a written statement of how and when the party provided the copy to the other party.\n(3) [Time limit] Documents provided under this rule must be received by their recipients\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, no later than three days after the party received a copy of the response.",
|
| 754 |
"history": "",
|
| 755 |
"last_amended": "2006-03-22",
|
| 756 |
+
"in_force": "2006-03-22",
|
| 757 |
+
"status": "in force",
|
| 758 |
"current_to": "2019-06-21",
|
| 759 |
"citation": "Immigration Division Rules, s. 40",
|
| 760 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-40.html"
|
|
|
|
| 772 |
"text": "41\n(1) An application made by the Minister for non-disclosure of information must be made in writing as soon as possible.\n(2) [Exclusion from hearing room] If an application is made during a hearing, the Division must exclude the permanent resident or foreign national, and their counsel, from the hearing room.\n(3) [Providing summary to the Minister] The summary that the Division proposes to provide to the permanent resident or foreign national under paragraph 78(h) of the Act may be provided to the Minister by any means that ensures its confidentiality.",
|
| 773 |
"history": "",
|
| 774 |
"last_amended": "2006-03-22",
|
| 775 |
+
"in_force": "2006-03-22",
|
| 776 |
+
"status": "in force",
|
| 777 |
"current_to": "2019-06-21",
|
| 778 |
"citation": "Immigration Division Rules, s. 41",
|
| 779 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-41.html"
|
|
|
|
| 791 |
"text": "42\n(1) A party may make an application to the Division to change the location of a hearing.\n(2) [Factors] In deciding the application, the Division must consider any relevant factors, including\n(a) whether a change of location would allow the hearing to be full and proper;\n(b) whether a change of location would likely delay or slow the hearing;\n(c) how a change of location would affect the operation of the Division;\n(d) how a change of location would affect the parties; and\n(e) whether a change of location would endanger public safety.\n(3) [Duty to appear at the hearing] Unless a party receives a decision from the Division allowing the application, the party must appear for the hearing at the location fixed and be ready to start or continue the hearing.",
|
| 792 |
"history": "",
|
| 793 |
"last_amended": "2006-03-22",
|
| 794 |
+
"in_force": "2006-03-22",
|
| 795 |
+
"status": "in force",
|
| 796 |
"current_to": "2019-06-21",
|
| 797 |
"citation": "Immigration Division Rules, s. 42",
|
| 798 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-42.html"
|
|
|
|
| 810 |
"text": "43\n(1) A party may make an application to the Division to change the date or time of a hearing.\n(2) [Factors] In deciding the application, the Division must consider any relevant factors, including\n(a) in the case of a date and time that was fixed after the Division consulted or tried to consult the party, the existence of exceptional circumstances for allowing the application;\n(b) when the party made the application;\n(c) the time the party has had to prepare for the hearing;\n(d) the efforts made by the party to be ready to start or continue the hearing;\n(e) the nature and complexity of the matter to be heard;\n(f) whether the party has counsel;\n(g) any previous delays and the reasons for them;\n(h) whether the time and date fixed for the hearing was peremptory; and\n(i) whether allowing the application would unreasonably delay the proceedings or likely cause an injustice.\n(3) [Duty to appear at the hearing] Unless a party receives a decision from the Division allowing the application, the party must appear for the hearing at the date and time fixed and be ready to start or continue the hearing.",
|
| 811 |
"history": "",
|
| 812 |
"last_amended": "2006-03-22",
|
| 813 |
+
"in_force": "2006-03-22",
|
| 814 |
+
"status": "in force",
|
| 815 |
"current_to": "2019-06-21",
|
| 816 |
"citation": "Immigration Division Rules, s. 43",
|
| 817 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-43.html"
|
|
|
|
| 829 |
"text": "44\n(1) A party may make an application to the Division to join hearings.\n(2) [Application to separate hearings] A party may make an application to the Division to separate hearings that are joined.\n(3) [Factors] Before deciding an application, the Division must consider any information provided by the applicant and any other relevant information, including\n(a) whether the hearings involve similar questions of law or fact;\n(b) whether allowing the application would promote the efficient administration of the work of the Division; and\n(c) whether allowing the application would likely cause an injustice.",
|
| 830 |
"history": "",
|
| 831 |
"last_amended": "2006-03-22",
|
| 832 |
+
"in_force": "2006-03-22",
|
| 833 |
+
"status": "in force",
|
| 834 |
"current_to": "2019-06-21",
|
| 835 |
"citation": "Immigration Division Rules, s. 44",
|
| 836 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-44.html"
|
|
|
|
| 848 |
"text": "45\n(1) A person who makes an application to the Division to have a proceeding conducted in private must apply in writing and follow this rule.\n(2) [Content of application] In the application, the person must state the decision that the person wants the Division to make, and may request that the hearing of the application be conducted in private.\n(3) [Providing the application] The person must provide a copy of the application to the parties and the original application to the Division.\n(4) [Time limit] A document provided under this rule must be received by its recipient\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.\n(5) [Hearing of the application] At the hearing, the person must give reasons why the Division should conduct the proceeding in private and present any evidence that the person wants the Division to consider in deciding the application.",
|
| 849 |
"history": "",
|
| 850 |
"last_amended": "2006-03-22",
|
| 851 |
+
"in_force": "2006-03-22",
|
| 852 |
+
"status": "in force",
|
| 853 |
"current_to": "2019-06-21",
|
| 854 |
"citation": "Immigration Division Rules, s. 45",
|
| 855 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-45.html"
|
|
|
|
| 867 |
"text": "46\n(1) A person who makes an application to the Division to have a proceeding conducted in public must apply in writing and follow this rule.\n(2) [Content of application] In the application, the person must\n(a) state the decision that the person wants the Division to make;\n(b) give reasons why the Division should make that decision; and\n(c) include any evidence that the person wants the Division to consider in deciding the application.\n(3) [Providing the application] The person must provide the original application and two copies to the Division. The Division must provide a copy of the application to the parties.\n(4) [Time limit] A document provided under this rule must be received by the Division\n(a) as soon as possible, in the case of a forty-eight hour or seven-day review or an admissibility hearing held at the same time; and\n(b) in all other cases, at least five days before the hearing.",
|
| 868 |
"history": "",
|
| 869 |
"last_amended": "2006-03-22",
|
| 870 |
+
"in_force": "2006-03-22",
|
| 871 |
+
"status": "in force",
|
| 872 |
"current_to": "2019-06-21",
|
| 873 |
"citation": "Immigration Division Rules, s. 46",
|
| 874 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-46.html"
|
|
|
|
| 886 |
"text": "47\n(1) A party who wants to challenge the constitutional validity, applicability or operability of a legislative provision must complete a notice of constitutional question.\n(2) [Form and content of notice] The party must provide notice using either Form 69, “Notice of Constitutional Question”, set out in the Federal Court Rules, 1998, or any other form that includes\n(a) the name of the party;\n(b) the Division file number;\n(c) the date, time and place of the hearing;\n(d) the specific legislative provision that is being challenged;\n(e) the relevant facts relied on to support the constitutional challenge; and\n(f) a summary of the legal argument to be made in support of the constitutional challenge.\n(3) [Providing the notice] The party must provide\n(a) a copy of the notice of constitutional question to the Attorney General of Canada and to the attorney general of every province and territory of Canada, in accordance with section 57 of the Federal Courts Act;\n(b) a copy of the notice to the other party; and\n(c) the original notice to the Division, together with a written statement of how and when a copy of the notice was provided under paragraphs (a) and (b).\n(4) [Time limit] Documents provided under this rule must be received by their recipients no later than 10 days before the day the constitutional argument will be made.",
|
| 887 |
"history": "2002, c. 8, s. 182",
|
| 888 |
"last_amended": "2006-03-22",
|
| 889 |
+
"in_force": "2006-03-22",
|
| 890 |
+
"status": "in force",
|
| 891 |
"current_to": "2019-06-21",
|
| 892 |
"citation": "Immigration Division Rules, s. 47",
|
| 893 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-47.html"
|
|
|
|
| 905 |
"text": "48 Representations made by a party must be made orally at the end of a hearing unless the Division orders otherwise.",
|
| 906 |
"history": "",
|
| 907 |
"last_amended": "2006-03-22",
|
| 908 |
+
"in_force": "2006-03-22",
|
| 909 |
+
"status": "in force",
|
| 910 |
"current_to": "2019-06-21",
|
| 911 |
"citation": "Immigration Division Rules, s. 48",
|
| 912 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-48.html"
|
|
|
|
| 924 |
"text": "49 In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter.",
|
| 925 |
"history": "",
|
| 926 |
"last_amended": "2006-03-22",
|
| 927 |
+
"in_force": "2006-03-22",
|
| 928 |
+
"status": "in force",
|
| 929 |
"current_to": "2019-06-21",
|
| 930 |
"citation": "Immigration Division Rules, s. 49",
|
| 931 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-49.html"
|
|
|
|
| 943 |
"text": "50 The Division may\n(a) act on its own, without a party having to make an application or request to the Division;\n(b) change a requirement of a rule;\n(c) excuse a person from a requirement of a rule; and\n(d) extend or shorten a time limit, before or after the time limit has passed.",
|
| 944 |
"history": "",
|
| 945 |
"last_amended": "2006-03-22",
|
| 946 |
+
"in_force": "2006-03-22",
|
| 947 |
+
"status": "in force",
|
| 948 |
"current_to": "2019-06-21",
|
| 949 |
"citation": "Immigration Division Rules, s. 50",
|
| 950 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-50.html"
|
|
|
|
| 962 |
"text": "51 Unless proceedings are declared invalid by the Division, a failure to follow any requirement of these Rules does not make the proceedings invalid.",
|
| 963 |
"history": "",
|
| 964 |
"last_amended": "2006-03-22",
|
| 965 |
+
"in_force": "2006-03-22",
|
| 966 |
+
"status": "in force",
|
| 967 |
"current_to": "2019-06-21",
|
| 968 |
"citation": "Immigration Division Rules, s. 51",
|
| 969 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-51.html"
|
|
|
|
| 981 |
"text": "*52 These Rules come into force on the day on which section 161 of the Act comes into force.\n* [Note: Rules in force June 28, 2002, see SI/2002-97.]",
|
| 982 |
"history": "",
|
| 983 |
"last_amended": "2006-03-22",
|
| 984 |
+
"in_force": "2006-03-22",
|
| 985 |
+
"status": "in force",
|
| 986 |
"current_to": "2019-06-21",
|
| 987 |
"citation": "Immigration Division Rules, s. *52",
|
| 988 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/section-*52.html"
|
|
The diff for this file is too large to render.
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|
|
|
|
@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1\n(1) The following definitions apply in the Act and these Regulations.\ncourier means a commercial carrier that is engaged in scheduled international transportation of shipments of goods other than goods imported or exported as mail. (messager)\nmonetary instruments means the following instruments in bearer form or in such other form as title to them passes on delivery, namely,\n(a) securities, including stocks, bonds, debentures and treasury bills; and\n(b) negotiable instruments, including bank drafts, cheques, promissory notes, travellers’ cheques and money orders, other than warehouse receipts or bills of lading.\nFor greater certainty, this definition does not apply to securities or negotiable instruments that bear restrictive endorsements or a stamp for the purposes of clearing. (effets)\n(2) The following definitions apply in these Regulations.\nAct means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. (Loi)\ncargo ship means a commercial vessel that is engaged in international transportation of shipments of goods other than goods imported or exported as mail. (navire de charge)\ncommercial passenger conveyance means a conveyance that is used to carry passengers who have paid for passage. (moyen de transport commercial de passagers)\nconveyance means any vehicle, aircraft or water-borne craft, or other contrivance that is used to move persons, goods, currency or monetary instruments. (moyen de transport)\ncruise ship means a commercial vessel that has sleeping facilities for over 70 persons who are not crew members but does not include a vessel engaged in passenger or cargo ferry service. (navire de croisière)\ncurrency means coins referred to in section 7 of the Currency Act, notes issued by the Bank of Canada under the Bank of Canada Act that are intended for circulation in Canada or coins or bank notes of countries other than Canada. (espèces)\nemergency means a medical emergency, fire, flood or other disaster that threatens life, property or the environment. (urgence)\nnon-commercial passenger conveyance means a conveyance that does not have aboard any person who has paid for passage and includes corporate aircraft, private aircraft and marine pleasure craft. (moyen de transport non commercial de passagers)\ntransfer agent means a person or entity appointed by a corporation to maintain records of stock, debenture and bond owners, to cancel and issue certificates and to send out dividend cheques. (agent de transfert)",
|
| 13 |
"history": "SOR/2003-358, s. 25; SOR/2019-240, s. 50; 2024, c. 17, s. 348",
|
| 14 |
"last_amended": "2024-07-01",
|
|
|
|
|
|
|
| 15 |
"current_to": "2024-07-23",
|
| 16 |
"citation": "Cross-border Currency Reporting Regs, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2\n(1) For the purposes of subsection 12(1) of the Act, the prescribed amount is $10,000.\n(2) The amount is in Canadian dollars, or in its equivalent in a foreign currency using\n(a) the exchange rate that is published by the Bank of Canada for that foreign currency and that is in effect at the time of the importation or exportation; or\n(b) if no exchange rate is published by the Bank of Canada for that foreign currency, the exchange rate that the person or entity would use in the ordinary course of business at the time of the importation or exportation.",
|
| 30 |
"history": "SOR/2019-240, s. 51",
|
| 31 |
"last_amended": "2020-06-01",
|
|
|
|
|
|
|
| 32 |
"current_to": "2024-07-23",
|
| 33 |
"citation": "Cross-border Currency Reporting Regs, s. 2",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-2.html"
|
|
@@ -46,6 +50,8 @@
|
|
| 46 |
"text": "3 Subject to subsections 4(3) and (3.1) and section 8, a report with respect to the importation or exportation of currency or monetary instruments shall\n(a) be made in writing;\n(b) contain the information referred to\n(i) in Schedule 1, in the case of a report made by the person described in paragraph 12(3)(a) of the Act, if that person is not transporting on behalf of an entity or other person,\n(ii) in Schedule 2, in the case of a report made by the person described in paragraph 12(3)(a) of the Act, if that person is transporting on behalf of an entity or other person,\n(iii) in Schedule 2, in the case of a report made by the person or entity described in paragraph 12(3)(b), (c) or (e) of the Act, and\n(iv) in Schedule 3, in the case of a report made by the person described in paragraph 12(3)(d) of the Act;\n(c) contain a declaration that the statements made in the report are true, accurate and complete; and\n(d) be signed and dated by the person or entity described in paragraph 12(3)(a), (b), (c), (d) or (e) of the Act, as applicable.",
|
| 47 |
"history": "SOR/2002-412, s. 19; SOR/2019-240, s. 53",
|
| 48 |
"last_amended": "2020-06-01",
|
|
|
|
|
|
|
| 49 |
"current_to": "2024-07-23",
|
| 50 |
"citation": "Cross-border Currency Reporting Regs, s. 3",
|
| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-3.html"
|
|
@@ -63,6 +69,8 @@
|
|
| 63 |
"text": "3.1 For greater certainty, although items in Schedules 1 to 3 are described in the singular, a person or entity shall report all known information that falls within an item.",
|
| 64 |
"history": "SOR/2019-240, s. 54",
|
| 65 |
"last_amended": "2020-06-01",
|
|
|
|
|
|
|
| 66 |
"current_to": "2024-07-23",
|
| 67 |
"citation": "Cross-border Currency Reporting Regs, s. 3.1",
|
| 68 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-3.1.html"
|
|
@@ -80,6 +88,8 @@
|
|
| 80 |
"text": "4\n(1) Subject to subsections (2) to (5) and section 9, a report with respect to currency or monetary instruments transported by a person arriving in Canada shall be submitted without delay by the person at the customs office located at the place of importation or, if it is not open for business at the time of importation, at the nearest customs office that is open for business at that time.\n(2) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a commercial passenger conveyance who has as their destination another place in Canada at which there is a customs office may be submitted without delay by the person at that customs office or, if it is not open for business at the time of importation, at the nearest customs office that is open for business at that time, on condition that\n(a) the person does not disembark from the conveyance at the place of arrival in Canada and the currency or monetary instruments are not removed from the conveyance at that place, other than to be transferred under customs control directly to a commercial passenger conveyance for departure to the other place in Canada or directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the person and currency or monetary instruments are transferred under customs control directly to a designated holding area, the person does not leave and the currency or monetary instruments are not removed from that area, other than to board or to be loaded on board a commercial passenger conveyance for departure to the other place in Canada.\n(3) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a non-commercial passenger conveyance at a customs office where, under the Customs Act, customs reporting may be done by radio or telephone may be submitted by radio or telephone to an officer by that person or the person in charge of the conveyance at that location, on condition that\n(a) when the person informs the officer of their arrival for the purposes of section 11 of the Customs Act, they provide the information referred to in Schedule 1, 2 or 3, as applicable; and\n(b) on the officer’s request, they present themselves and make available for examination the currency or monetary instruments at the time and place specified by the officer.\n(3.1) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a non-commercial passenger conveyance, at a customs office where the person is authorized in accordance with the Presentation of Persons (2003) Regulations to present in an alternative manner, may be submitted to an officer by telephone, by that person or the person in charge of the conveyance before arriving in Canada, on condition that\n(a) when the person informs the officer of their arrival for the purposes of section 11 of the Customs Act, they provide the information referred to in Schedule 1, 2 or 3, as applicable; and\n(b) on the officer’s request, they present themselves and make available for examination the currency or monetary instruments on arrival in Canada at the time and place specified by the officer.\n(4) A report with respect to currency or monetary instruments transported by a freight train crew member arriving in Canada on board the freight train shall be submitted without delay by the crew member at the customs office specified by the officer when the crew member presents himself or herself in accordance with section 11 of the Customs Act.\n(5) A report with respect to currency or monetary instruments that are transported by courier into Canada on board an aircraft and that have as their destination another place in Canada at which there is a customs office, shall be submitted at the customs office located at the airport of destination shown on the air waybill, on condition that\n(a) the currency or monetary instruments are not removed from the aircraft at the place of arrival, other than to be transferred under customs control directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the currency or monetary instruments are transferred under customs control directly to a designated holding area, they are not removed from that area, other than to be loaded on board an aircraft for departure to the other place in Canada.",
|
| 81 |
"history": "SOR/2002-412, s. 20",
|
| 82 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 83 |
"current_to": "2024-07-23",
|
| 84 |
"citation": "Cross-border Currency Reporting Regs, s. 4",
|
| 85 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-4.html"
|
|
@@ -97,6 +107,8 @@
|
|
| 97 |
"text": "5 Subject to section 10, a report made by an exporter with respect to the importation of currency or monetary instruments by mail shall be made by\n(a) including inside the mail item an importation report with respect to the currency or monetary instruments; and\n(b) affixing the customs declaration form required by the Universal Postal Convention, as amended from time to time, to the outside of the mail item and indicating that it contains currency or monetary instruments.",
|
| 98 |
"history": "",
|
| 99 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 100 |
"current_to": "2024-07-23",
|
| 101 |
"citation": "Cross-border Currency Reporting Regs, s. 5",
|
| 102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-5.html"
|
|
@@ -114,6 +126,8 @@
|
|
| 114 |
"text": "6 A report made with respect to the importation of currency or monetary instruments that have been retained under section 14 of the Act shall be submitted by the person or entity to whom the notice was given at the customs office indicated on the notice.",
|
| 115 |
"history": "",
|
| 116 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 117 |
"current_to": "2024-07-23",
|
| 118 |
"citation": "Cross-border Currency Reporting Regs, s. 6",
|
| 119 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-6.html"
|
|
@@ -131,6 +145,8 @@
|
|
| 131 |
"text": "7 A report with respect to the importation of currency or monetary instruments, other than one referred to in sections 4 to 6, shall be submitted without delay at the customs office that is open for business at the time of the importation and that is nearest to the place of importation.",
|
| 132 |
"history": "",
|
| 133 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 134 |
"current_to": "2024-07-23",
|
| 135 |
"citation": "Cross-border Currency Reporting Regs, s. 7",
|
| 136 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-7.html"
|
|
@@ -148,6 +164,8 @@
|
|
| 148 |
"text": "8 In an emergency, the person in charge of a conveyance who must unload currency or monetary instruments from the conveyance before being able to make or submit an importation report in accordance with these Regulations may submit the importation report by telephone or other expedient means and, as soon as possible after that, shall make or submit a report in accordance with these Regulations.",
|
| 149 |
"history": "",
|
| 150 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 151 |
"current_to": "2024-07-23",
|
| 152 |
"citation": "Cross-border Currency Reporting Regs, s. 8",
|
| 153 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-8.html"
|
|
@@ -165,6 +183,8 @@
|
|
| 165 |
"text": "9\n(1) Subject to subsections (2) and (3), currency or monetary instruments transported by a person arriving in Canada on board a commercial passenger conveyance who has as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that\n(a) the person does not disembark from the conveyance in Canada and the currency or monetary instruments are not removed from the conveyance in Canada other than to be transferred under customs control directly to a commercial passenger conveyance for departure to the place outside Canada or directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the person and currency or monetary instruments are transferred under customs control directly to a designated holding area, the person does not leave and the currency or monetary instruments are not removed from that area other than to board or be loaded on board a commercial passenger conveyance for departure to the place outside Canada.\n(2) Subject to subsection (3), currency or monetary instruments that are transported by courier into Canada on board a conveyance and that have as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that\n(a) the currency or monetary instruments are not removed from the conveyance at the place of arrival, other than to be transferred under customs control directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the currency or monetary instruments are transferred under customs control directly to a designated holding area, they are not removed from that area, other than to be loaded on board a conveyance for departure to the place outside of Canada.\n(3) Currency or monetary instruments that are transported into Canada on board a cruise ship or cargo ship and that have as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that the currency or monetary instruments are not removed from the cruise ship or cargo ship while it is in Canada.",
|
| 166 |
"history": "SOR/2003-358, s. 26",
|
| 167 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 168 |
"current_to": "2024-07-23",
|
| 169 |
"citation": "Cross-border Currency Reporting Regs, s. 9",
|
| 170 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-9.html"
|
|
@@ -182,6 +202,8 @@
|
|
| 182 |
"text": "10 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to the importation of currency or monetary instruments that are mailed from a location outside Canada to a destination outside Canada but that transit through Canada in the course of post, on condition that they will not leave the course of post until after they have left Canada.",
|
| 183 |
"history": "",
|
| 184 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 185 |
"current_to": "2024-07-23",
|
| 186 |
"citation": "Cross-border Currency Reporting Regs, s. 10",
|
| 187 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-10.html"
|
|
@@ -199,6 +221,8 @@
|
|
| 199 |
"text": "11 A report with respect to currency or monetary instruments transported by a person departing from Canada shall be submitted without delay by the person at the customs office located at the place of exportation or, if it is not open for business at the time of exportation, at the nearest customs office that is open for business at that time.",
|
| 200 |
"history": "",
|
| 201 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 202 |
"current_to": "2024-07-23",
|
| 203 |
"citation": "Cross-border Currency Reporting Regs, s. 11",
|
| 204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-11.html"
|
|
@@ -216,6 +240,8 @@
|
|
| 216 |
"text": "12 A report required to be made by an exporter with respect to the exportation by mail of currency or monetary instruments shall be made by\n(a) including an exportation report inside the mail item; and\n(b) mailing or submitting, at or before the time when the currency or monetary instruments are mailed, a copy of the exportation report to the customs office that is located nearest to the point at which the item was mailed.",
|
| 217 |
"history": "",
|
| 218 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 219 |
"current_to": "2024-07-23",
|
| 220 |
"citation": "Cross-border Currency Reporting Regs, s. 12",
|
| 221 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-12.html"
|
|
@@ -233,6 +259,8 @@
|
|
| 233 |
"text": "13 A report made with respect to the exportation of currency or monetary instruments that have been retained under section 14 of the Act shall be submitted by the person or entity to whom the notice was given at the customs office indicated on the notice.",
|
| 234 |
"history": "",
|
| 235 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 236 |
"current_to": "2024-07-23",
|
| 237 |
"citation": "Cross-border Currency Reporting Regs, s. 13",
|
| 238 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-13.html"
|
|
@@ -250,6 +278,8 @@
|
|
| 250 |
"text": "14 A report with respect to the exportation of currency or monetary instruments, other than one referred to in sections 11 to 13, shall be submitted without delay at the customs office that is open for business at the time of exportation and that is nearest to the place of exportation.",
|
| 251 |
"history": "",
|
| 252 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 253 |
"current_to": "2024-07-23",
|
| 254 |
"citation": "Cross-border Currency Reporting Regs, s. 14",
|
| 255 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-14.html"
|
|
@@ -267,6 +297,8 @@
|
|
| 267 |
"text": "15 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to the importation or exportation of currency by or on behalf of the Bank of Canada for the purposes of the distribution, processing, or testing of banknotes intended for circulation in Canada.",
|
| 268 |
"history": "",
|
| 269 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 270 |
"current_to": "2024-07-23",
|
| 271 |
"citation": "Cross-border Currency Reporting Regs, s. 15",
|
| 272 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-15.html"
|
|
@@ -284,6 +316,8 @@
|
|
| 284 |
"text": "15.1 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to stocks, bonds and debentures imported into Canada by courier or as mail if the importer is a financial entity or a securities dealer as defined in subsection 1(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations or a transfer agent.",
|
| 285 |
"history": "SOR/2003-358, s. 27",
|
| 286 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 287 |
"current_to": "2024-07-23",
|
| 288 |
"citation": "Cross-border Currency Reporting Regs, s. 15.1",
|
| 289 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-15.1.html"
|
|
@@ -301,6 +335,8 @@
|
|
| 301 |
"text": "16\n(1) For the purposes of subsection 14(1) of the Act, an officer shall give the person or entity written notice in person or, if the person is not present, shall send the notice by registered mail to the person’s latest known address.\n(2) For the purposes of subsection 14(2) of the Act, the notice is to be given within 60 days after the day on which the currency or monetary instruments are imported or exported, as the case may be.",
|
| 302 |
"history": "",
|
| 303 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 304 |
"current_to": "2024-07-23",
|
| 305 |
"citation": "Cross-border Currency Reporting Regs, s. 16",
|
| 306 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-16.html"
|
|
@@ -318,6 +354,8 @@
|
|
| 318 |
"text": "17 The prescribed retention period, for the purposes of subsection 14(1) of Act, is\n(a) in the case of importation or exportation by courier or as mail, 30 days after the day on which the retention notice is given or sent; and\n(b) in any other case, seven days after the day on which the retention notice is given or sent.",
|
| 319 |
"history": "",
|
| 320 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 321 |
"current_to": "2024-07-23",
|
| 322 |
"citation": "Cross-border Currency Reporting Regs, s. 17",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-17.html"
|
|
@@ -335,6 +373,8 @@
|
|
| 335 |
"text": "18 For the purposes of subsection 18(2) of the Act, the prescribed amount of the penalty is equal to\n(a) 5% of the value of the seized currency or monetary instruments, up to a maximum of $2,500, in the case of a person or entity who\n(i) has not concealed the currency or monetary instruments,\n(ii) has made a full disclosure of the facts concerning the currency or monetary instruments on their discovery, and\n(iii) has no previous seizures under the Act;\n(b) 25% of the value of the seized currency or monetary instruments, in the case of a person or entity who\n(i) has concealed the currency or monetary instruments, other than by means of using a false compartment in a conveyance, or who has made a false statement with respect to the currency or monetary instruments, or\n(ii) has a previous seizure under the Act, other than in respect of any type of concealment or for making false statements with respect to the currency or monetary instruments; and\n(c) 50% of the value of the seized currency or monetary instruments, in the case of a person or entity who\n(i) has concealed the currency or monetary instruments by using a false compartment in a conveyance, or\n(ii) has a previous seizure under the Act for any type of concealment or for making a false statement with respect to the currency or monetary instruments.",
|
| 336 |
"history": "SOR/2023-193, s. 35",
|
| 337 |
"last_amended": "2023-09-26",
|
|
|
|
|
|
|
| 338 |
"current_to": "2024-07-23",
|
| 339 |
"citation": "Cross-border Currency Reporting Regs, s. 18",
|
| 340 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-18.html"
|
|
@@ -352,6 +392,8 @@
|
|
| 352 |
"text": "19 to 23 [Amendments]",
|
| 353 |
"history": "",
|
| 354 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 355 |
"current_to": "2024-07-23",
|
| 356 |
"citation": "Cross-border Currency Reporting Regs, s. 19 to 23",
|
| 357 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-19 to 23.html"
|
|
@@ -369,6 +411,8 @@
|
|
| 369 |
"text": "24\n(1) Subject to subsection (2), these Regulations come into force on January 6, 2003.\n(2) Sections 19 to 23 come into force on the day on which the Presentation of Persons (2003) Regulations come into force.",
|
| 370 |
"history": "",
|
| 371 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 372 |
"current_to": "2024-07-23",
|
| 373 |
"citation": "Cross-border Currency Reporting Regs, s. 24",
|
| 374 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-24.html"
|
|
|
|
| 12 |
"text": "1\n(1) The following definitions apply in the Act and these Regulations.\ncourier means a commercial carrier that is engaged in scheduled international transportation of shipments of goods other than goods imported or exported as mail. (messager)\nmonetary instruments means the following instruments in bearer form or in such other form as title to them passes on delivery, namely,\n(a) securities, including stocks, bonds, debentures and treasury bills; and\n(b) negotiable instruments, including bank drafts, cheques, promissory notes, travellers’ cheques and money orders, other than warehouse receipts or bills of lading.\nFor greater certainty, this definition does not apply to securities or negotiable instruments that bear restrictive endorsements or a stamp for the purposes of clearing. (effets)\n(2) The following definitions apply in these Regulations.\nAct means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. (Loi)\ncargo ship means a commercial vessel that is engaged in international transportation of shipments of goods other than goods imported or exported as mail. (navire de charge)\ncommercial passenger conveyance means a conveyance that is used to carry passengers who have paid for passage. (moyen de transport commercial de passagers)\nconveyance means any vehicle, aircraft or water-borne craft, or other contrivance that is used to move persons, goods, currency or monetary instruments. (moyen de transport)\ncruise ship means a commercial vessel that has sleeping facilities for over 70 persons who are not crew members but does not include a vessel engaged in passenger or cargo ferry service. (navire de croisière)\ncurrency means coins referred to in section 7 of the Currency Act, notes issued by the Bank of Canada under the Bank of Canada Act that are intended for circulation in Canada or coins or bank notes of countries other than Canada. (espèces)\nemergency means a medical emergency, fire, flood or other disaster that threatens life, property or the environment. (urgence)\nnon-commercial passenger conveyance means a conveyance that does not have aboard any person who has paid for passage and includes corporate aircraft, private aircraft and marine pleasure craft. (moyen de transport non commercial de passagers)\ntransfer agent means a person or entity appointed by a corporation to maintain records of stock, debenture and bond owners, to cancel and issue certificates and to send out dividend cheques. (agent de transfert)",
|
| 13 |
"history": "SOR/2003-358, s. 25; SOR/2019-240, s. 50; 2024, c. 17, s. 348",
|
| 14 |
"last_amended": "2024-07-01",
|
| 15 |
+
"in_force": "2006-03-22",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2024-07-23",
|
| 18 |
"citation": "Cross-border Currency Reporting Regs, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-1.html"
|
|
|
|
| 31 |
"text": "2\n(1) For the purposes of subsection 12(1) of the Act, the prescribed amount is $10,000.\n(2) The amount is in Canadian dollars, or in its equivalent in a foreign currency using\n(a) the exchange rate that is published by the Bank of Canada for that foreign currency and that is in effect at the time of the importation or exportation; or\n(b) if no exchange rate is published by the Bank of Canada for that foreign currency, the exchange rate that the person or entity would use in the ordinary course of business at the time of the importation or exportation.",
|
| 32 |
"history": "SOR/2019-240, s. 51",
|
| 33 |
"last_amended": "2020-06-01",
|
| 34 |
+
"in_force": "2020-06-01",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2024-07-23",
|
| 37 |
"citation": "Cross-border Currency Reporting Regs, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-2.html"
|
|
|
|
| 50 |
"text": "3 Subject to subsections 4(3) and (3.1) and section 8, a report with respect to the importation or exportation of currency or monetary instruments shall\n(a) be made in writing;\n(b) contain the information referred to\n(i) in Schedule 1, in the case of a report made by the person described in paragraph 12(3)(a) of the Act, if that person is not transporting on behalf of an entity or other person,\n(ii) in Schedule 2, in the case of a report made by the person described in paragraph 12(3)(a) of the Act, if that person is transporting on behalf of an entity or other person,\n(iii) in Schedule 2, in the case of a report made by the person or entity described in paragraph 12(3)(b), (c) or (e) of the Act, and\n(iv) in Schedule 3, in the case of a report made by the person described in paragraph 12(3)(d) of the Act;\n(c) contain a declaration that the statements made in the report are true, accurate and complete; and\n(d) be signed and dated by the person or entity described in paragraph 12(3)(a), (b), (c), (d) or (e) of the Act, as applicable.",
|
| 51 |
"history": "SOR/2002-412, s. 19; SOR/2019-240, s. 53",
|
| 52 |
"last_amended": "2020-06-01",
|
| 53 |
+
"in_force": "2006-03-22",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2024-07-23",
|
| 56 |
"citation": "Cross-border Currency Reporting Regs, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-3.html"
|
|
|
|
| 69 |
"text": "3.1 For greater certainty, although items in Schedules 1 to 3 are described in the singular, a person or entity shall report all known information that falls within an item.",
|
| 70 |
"history": "SOR/2019-240, s. 54",
|
| 71 |
"last_amended": "2020-06-01",
|
| 72 |
+
"in_force": "2020-06-01",
|
| 73 |
+
"status": "in force",
|
| 74 |
"current_to": "2024-07-23",
|
| 75 |
"citation": "Cross-border Currency Reporting Regs, s. 3.1",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-3.1.html"
|
|
|
|
| 88 |
"text": "4\n(1) Subject to subsections (2) to (5) and section 9, a report with respect to currency or monetary instruments transported by a person arriving in Canada shall be submitted without delay by the person at the customs office located at the place of importation or, if it is not open for business at the time of importation, at the nearest customs office that is open for business at that time.\n(2) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a commercial passenger conveyance who has as their destination another place in Canada at which there is a customs office may be submitted without delay by the person at that customs office or, if it is not open for business at the time of importation, at the nearest customs office that is open for business at that time, on condition that\n(a) the person does not disembark from the conveyance at the place of arrival in Canada and the currency or monetary instruments are not removed from the conveyance at that place, other than to be transferred under customs control directly to a commercial passenger conveyance for departure to the other place in Canada or directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the person and currency or monetary instruments are transferred under customs control directly to a designated holding area, the person does not leave and the currency or monetary instruments are not removed from that area, other than to board or to be loaded on board a commercial passenger conveyance for departure to the other place in Canada.\n(3) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a non-commercial passenger conveyance at a customs office where, under the Customs Act, customs reporting may be done by radio or telephone may be submitted by radio or telephone to an officer by that person or the person in charge of the conveyance at that location, on condition that\n(a) when the person informs the officer of their arrival for the purposes of section 11 of the Customs Act, they provide the information referred to in Schedule 1, 2 or 3, as applicable; and\n(b) on the officer’s request, they present themselves and make available for examination the currency or monetary instruments at the time and place specified by the officer.\n(3.1) A report with respect to currency or monetary instruments transported by a person arriving in Canada on board a non-commercial passenger conveyance, at a customs office where the person is authorized in accordance with the Presentation of Persons (2003) Regulations to present in an alternative manner, may be submitted to an officer by telephone, by that person or the person in charge of the conveyance before arriving in Canada, on condition that\n(a) when the person informs the officer of their arrival for the purposes of section 11 of the Customs Act, they provide the information referred to in Schedule 1, 2 or 3, as applicable; and\n(b) on the officer’s request, they present themselves and make available for examination the currency or monetary instruments on arrival in Canada at the time and place specified by the officer.\n(4) A report with respect to currency or monetary instruments transported by a freight train crew member arriving in Canada on board the freight train shall be submitted without delay by the crew member at the customs office specified by the officer when the crew member presents himself or herself in accordance with section 11 of the Customs Act.\n(5) A report with respect to currency or monetary instruments that are transported by courier into Canada on board an aircraft and that have as their destination another place in Canada at which there is a customs office, shall be submitted at the customs office located at the airport of destination shown on the air waybill, on condition that\n(a) the currency or monetary instruments are not removed from the aircraft at the place of arrival, other than to be transferred under customs control directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the currency or monetary instruments are transferred under customs control directly to a designated holding area, they are not removed from that area, other than to be loaded on board an aircraft for departure to the other place in Canada.",
|
| 89 |
"history": "SOR/2002-412, s. 20",
|
| 90 |
"last_amended": "2006-03-22",
|
| 91 |
+
"in_force": "2006-03-22",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2024-07-23",
|
| 94 |
"citation": "Cross-border Currency Reporting Regs, s. 4",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-4.html"
|
|
|
|
| 107 |
"text": "5 Subject to section 10, a report made by an exporter with respect to the importation of currency or monetary instruments by mail shall be made by\n(a) including inside the mail item an importation report with respect to the currency or monetary instruments; and\n(b) affixing the customs declaration form required by the Universal Postal Convention, as amended from time to time, to the outside of the mail item and indicating that it contains currency or monetary instruments.",
|
| 108 |
"history": "",
|
| 109 |
"last_amended": "2006-03-22",
|
| 110 |
+
"in_force": "2006-03-22",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2024-07-23",
|
| 113 |
"citation": "Cross-border Currency Reporting Regs, s. 5",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-5.html"
|
|
|
|
| 126 |
"text": "6 A report made with respect to the importation of currency or monetary instruments that have been retained under section 14 of the Act shall be submitted by the person or entity to whom the notice was given at the customs office indicated on the notice.",
|
| 127 |
"history": "",
|
| 128 |
"last_amended": "2006-03-22",
|
| 129 |
+
"in_force": "2006-03-22",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2024-07-23",
|
| 132 |
"citation": "Cross-border Currency Reporting Regs, s. 6",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-6.html"
|
|
|
|
| 145 |
"text": "7 A report with respect to the importation of currency or monetary instruments, other than one referred to in sections 4 to 6, shall be submitted without delay at the customs office that is open for business at the time of the importation and that is nearest to the place of importation.",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2006-03-22",
|
| 148 |
+
"in_force": "2006-03-22",
|
| 149 |
+
"status": "in force",
|
| 150 |
"current_to": "2024-07-23",
|
| 151 |
"citation": "Cross-border Currency Reporting Regs, s. 7",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-7.html"
|
|
|
|
| 164 |
"text": "8 In an emergency, the person in charge of a conveyance who must unload currency or monetary instruments from the conveyance before being able to make or submit an importation report in accordance with these Regulations may submit the importation report by telephone or other expedient means and, as soon as possible after that, shall make or submit a report in accordance with these Regulations.",
|
| 165 |
"history": "",
|
| 166 |
"last_amended": "2006-03-22",
|
| 167 |
+
"in_force": "2006-03-22",
|
| 168 |
+
"status": "in force",
|
| 169 |
"current_to": "2024-07-23",
|
| 170 |
"citation": "Cross-border Currency Reporting Regs, s. 8",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-8.html"
|
|
|
|
| 183 |
"text": "9\n(1) Subject to subsections (2) and (3), currency or monetary instruments transported by a person arriving in Canada on board a commercial passenger conveyance who has as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that\n(a) the person does not disembark from the conveyance in Canada and the currency or monetary instruments are not removed from the conveyance in Canada other than to be transferred under customs control directly to a commercial passenger conveyance for departure to the place outside Canada or directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the person and currency or monetary instruments are transferred under customs control directly to a designated holding area, the person does not leave and the currency or monetary instruments are not removed from that area other than to board or be loaded on board a commercial passenger conveyance for departure to the place outside Canada.\n(2) Subject to subsection (3), currency or monetary instruments that are transported by courier into Canada on board a conveyance and that have as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that\n(a) the currency or monetary instruments are not removed from the conveyance at the place of arrival, other than to be transferred under customs control directly to a holding area designated as such for the purposes of the Presentation of Persons (Customs) Regulations; and\n(b) if the currency or monetary instruments are transferred under customs control directly to a designated holding area, they are not removed from that area, other than to be loaded on board a conveyance for departure to the place outside of Canada.\n(3) Currency or monetary instruments that are transported into Canada on board a cruise ship or cargo ship and that have as their destination a place outside Canada are not required to be reported under subsection 12(1) of the Act, on condition that the currency or monetary instruments are not removed from the cruise ship or cargo ship while it is in Canada.",
|
| 184 |
"history": "SOR/2003-358, s. 26",
|
| 185 |
"last_amended": "2006-03-22",
|
| 186 |
+
"in_force": "2006-03-22",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2024-07-23",
|
| 189 |
"citation": "Cross-border Currency Reporting Regs, s. 9",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-9.html"
|
|
|
|
| 202 |
"text": "10 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to the importation of currency or monetary instruments that are mailed from a location outside Canada to a destination outside Canada but that transit through Canada in the course of post, on condition that they will not leave the course of post until after they have left Canada.",
|
| 203 |
"history": "",
|
| 204 |
"last_amended": "2006-03-22",
|
| 205 |
+
"in_force": "2006-03-22",
|
| 206 |
+
"status": "in force",
|
| 207 |
"current_to": "2024-07-23",
|
| 208 |
"citation": "Cross-border Currency Reporting Regs, s. 10",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-10.html"
|
|
|
|
| 221 |
"text": "11 A report with respect to currency or monetary instruments transported by a person departing from Canada shall be submitted without delay by the person at the customs office located at the place of exportation or, if it is not open for business at the time of exportation, at the nearest customs office that is open for business at that time.",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2006-03-22",
|
| 224 |
+
"in_force": "2006-03-22",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2024-07-23",
|
| 227 |
"citation": "Cross-border Currency Reporting Regs, s. 11",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-11.html"
|
|
|
|
| 240 |
"text": "12 A report required to be made by an exporter with respect to the exportation by mail of currency or monetary instruments shall be made by\n(a) including an exportation report inside the mail item; and\n(b) mailing or submitting, at or before the time when the currency or monetary instruments are mailed, a copy of the exportation report to the customs office that is located nearest to the point at which the item was mailed.",
|
| 241 |
"history": "",
|
| 242 |
"last_amended": "2006-03-22",
|
| 243 |
+
"in_force": "2006-03-22",
|
| 244 |
+
"status": "in force",
|
| 245 |
"current_to": "2024-07-23",
|
| 246 |
"citation": "Cross-border Currency Reporting Regs, s. 12",
|
| 247 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-12.html"
|
|
|
|
| 259 |
"text": "13 A report made with respect to the exportation of currency or monetary instruments that have been retained under section 14 of the Act shall be submitted by the person or entity to whom the notice was given at the customs office indicated on the notice.",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2006-03-22",
|
| 262 |
+
"in_force": "2006-03-22",
|
| 263 |
+
"status": "in force",
|
| 264 |
"current_to": "2024-07-23",
|
| 265 |
"citation": "Cross-border Currency Reporting Regs, s. 13",
|
| 266 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-13.html"
|
|
|
|
| 278 |
"text": "14 A report with respect to the exportation of currency or monetary instruments, other than one referred to in sections 11 to 13, shall be submitted without delay at the customs office that is open for business at the time of exportation and that is nearest to the place of exportation.",
|
| 279 |
"history": "",
|
| 280 |
"last_amended": "2006-03-22",
|
| 281 |
+
"in_force": "2006-03-22",
|
| 282 |
+
"status": "in force",
|
| 283 |
"current_to": "2024-07-23",
|
| 284 |
"citation": "Cross-border Currency Reporting Regs, s. 14",
|
| 285 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-14.html"
|
|
|
|
| 297 |
"text": "15 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to the importation or exportation of currency by or on behalf of the Bank of Canada for the purposes of the distribution, processing, or testing of banknotes intended for circulation in Canada.",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2006-03-22",
|
| 300 |
+
"in_force": "2006-03-22",
|
| 301 |
+
"status": "in force",
|
| 302 |
"current_to": "2024-07-23",
|
| 303 |
"citation": "Cross-border Currency Reporting Regs, s. 15",
|
| 304 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-15.html"
|
|
|
|
| 316 |
"text": "15.1 A person or entity is not required to make a report under subsection 12(1) of the Act with respect to stocks, bonds and debentures imported into Canada by courier or as mail if the importer is a financial entity or a securities dealer as defined in subsection 1(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations or a transfer agent.",
|
| 317 |
"history": "SOR/2003-358, s. 27",
|
| 318 |
"last_amended": "2006-03-22",
|
| 319 |
+
"in_force": "2006-03-22",
|
| 320 |
+
"status": "in force",
|
| 321 |
"current_to": "2024-07-23",
|
| 322 |
"citation": "Cross-border Currency Reporting Regs, s. 15.1",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-15.1.html"
|
|
|
|
| 335 |
"text": "16\n(1) For the purposes of subsection 14(1) of the Act, an officer shall give the person or entity written notice in person or, if the person is not present, shall send the notice by registered mail to the person’s latest known address.\n(2) For the purposes of subsection 14(2) of the Act, the notice is to be given within 60 days after the day on which the currency or monetary instruments are imported or exported, as the case may be.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2006-03-22",
|
| 338 |
+
"in_force": "2006-03-22",
|
| 339 |
+
"status": "in force",
|
| 340 |
"current_to": "2024-07-23",
|
| 341 |
"citation": "Cross-border Currency Reporting Regs, s. 16",
|
| 342 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-16.html"
|
|
|
|
| 354 |
"text": "17 The prescribed retention period, for the purposes of subsection 14(1) of Act, is\n(a) in the case of importation or exportation by courier or as mail, 30 days after the day on which the retention notice is given or sent; and\n(b) in any other case, seven days after the day on which the retention notice is given or sent.",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2006-03-22",
|
| 357 |
+
"in_force": "2006-03-22",
|
| 358 |
+
"status": "in force",
|
| 359 |
"current_to": "2024-07-23",
|
| 360 |
"citation": "Cross-border Currency Reporting Regs, s. 17",
|
| 361 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-17.html"
|
|
|
|
| 373 |
"text": "18 For the purposes of subsection 18(2) of the Act, the prescribed amount of the penalty is equal to\n(a) 5% of the value of the seized currency or monetary instruments, up to a maximum of $2,500, in the case of a person or entity who\n(i) has not concealed the currency or monetary instruments,\n(ii) has made a full disclosure of the facts concerning the currency or monetary instruments on their discovery, and\n(iii) has no previous seizures under the Act;\n(b) 25% of the value of the seized currency or monetary instruments, in the case of a person or entity who\n(i) has concealed the currency or monetary instruments, other than by means of using a false compartment in a conveyance, or who has made a false statement with respect to the currency or monetary instruments, or\n(ii) has a previous seizure under the Act, other than in respect of any type of concealment or for making false statements with respect to the currency or monetary instruments; and\n(c) 50% of the value of the seized currency or monetary instruments, in the case of a person or entity who\n(i) has concealed the currency or monetary instruments by using a false compartment in a conveyance, or\n(ii) has a previous seizure under the Act for any type of concealment or for making a false statement with respect to the currency or monetary instruments.",
|
| 374 |
"history": "SOR/2023-193, s. 35",
|
| 375 |
"last_amended": "2023-09-26",
|
| 376 |
+
"in_force": "2006-03-22",
|
| 377 |
+
"status": "in force",
|
| 378 |
"current_to": "2024-07-23",
|
| 379 |
"citation": "Cross-border Currency Reporting Regs, s. 18",
|
| 380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-18.html"
|
|
|
|
| 392 |
"text": "19 to 23 [Amendments]",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2006-03-22",
|
| 395 |
+
"in_force": "2006-03-22",
|
| 396 |
+
"status": "in force",
|
| 397 |
"current_to": "2024-07-23",
|
| 398 |
"citation": "Cross-border Currency Reporting Regs, s. 19 to 23",
|
| 399 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-19 to 23.html"
|
|
|
|
| 411 |
"text": "24\n(1) Subject to subsection (2), these Regulations come into force on January 6, 2003.\n(2) Sections 19 to 23 come into force on the day on which the Presentation of Persons (2003) Regulations come into force.",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2006-03-22",
|
| 414 |
+
"in_force": "2006-03-22",
|
| 415 |
+
"status": "in force",
|
| 416 |
"current_to": "2024-07-23",
|
| 417 |
"citation": "Cross-border Currency Reporting Regs, s. 24",
|
| 418 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-412/section-24.html"
|
|
@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1 The following definitions apply in these Regulations.\nAct means the Controlled Drugs and Substances Act. (Loi)\nlisted substance means a substance set out in Schedule 1 to the Benzodiazepines and Other Targeted Substances Regulations, the schedule to Part G of the Food and Drug Regulations or the schedule to the Narcotic Control Regulations, and includes anything that contains the substance. (substance inscrite)\nmidwife means a person who is registered and entitled under the laws of a province to practise midwifery and who is practising midwifery in that province. (sage-femme)\nnurse practitioner means a person who is registered and entitled under the laws of a province to practise as a nurse practitioner or an equivalent designation and who is practising as a nurse practitioner or an equivalent designation in that province. For the purpose of this definition, a designation is equivalent when it designates a person who\n(a) is a registered nurse;\n(b) possesses additional educational preparation and experience related to health care;\n(c) can autonomously make diagnoses, order and interpret diagnostic tests, prescribe drugs and perform other specific procedures under the laws of a province; and\n(d) is practising their profession in accordance with, for example, the following provincial laws, as amended from time to time:\n(i) the Extended Practice Regulation, Man. Reg. 43/2005, made under The Registered Nurses Act of Manitoba, C.C.S.M., c. R40,\n(ii) Ontario Regulation 275/94, made under the Nursing Act, 1991 of Ontario, S.O. 1991, c. 32, or\n(iii) the Regulation respecting Ordre des infirmières et infirmiers du Québec classes of specialities related to the performance of acts contemplated in section 36.1 of the Nurses Act, R.R.Q., c. I-8, r. 8, made under the Nurses Act of Quebec, R.S.Q., c. I-8. (infirmier praticien)\npodiatrist means a person who is registered and entitled under the laws of a province to practise podiatry or chiropody and who is practising podiatry or chiropody in that province. (podiatre)",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2012-11-21",
|
|
|
|
|
|
|
| 15 |
"current_to": "2025-12-02",
|
| 16 |
"citation": "New Classes of Practitioners Regs, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2 For the purpose of the definition practitioner in subsection 2(1) of the Act, the following classes of persons are prescribed:\n(a) midwives;\n(b) nurse practitioners; and\n(c) podiatrists.",
|
| 30 |
"history": "",
|
| 31 |
"last_amended": "2012-11-21",
|
|
|
|
|
|
|
| 32 |
"current_to": "2025-12-02",
|
| 33 |
"citation": "New Classes of Practitioners Regs, s. 2",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-2.html"
|
|
@@ -46,6 +50,8 @@
|
|
| 46 |
"text": "3 Subject to section 4, a midwife, nurse practitioner or podiatrist, as a practitioner, may prescribe or possess a listed substance, or conduct an activity with a listed substance, in accordance with the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations if they are permitted to prescribe, in their practice under the laws of the province in which they are registered and entitled to practise, that substance.",
|
| 47 |
"history": "SOR/2013-119, s. 251; SOR/2016-230, s. 280; SOR/2018-147, s. 31",
|
| 48 |
"last_amended": "2018-10-17",
|
|
|
|
|
|
|
| 49 |
"current_to": "2025-12-02",
|
| 50 |
"citation": "New Classes of Practitioners Regs, s. 3",
|
| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-3.html"
|
|
@@ -63,6 +69,8 @@
|
|
| 63 |
"text": "4\n(1) In respect of a midwife or podiatrist, a listed substance excludes a substance set out in\n(a) the definition designated drug in subsection G.04.001(1) of the Food and Drug Regulations;\n(b) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations; and\n(c) any of subitems 1(1) and (10), 2(1), 5(4) and 10(1) of the schedule to the Narcotic Control Regulations.\n(2) [Exclusions — nurse practitioner] In respect of a nurse practitioner, a listed substance excludes a substance set out in\n(a) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations, except for subitem (40); and\n(b) subitem 1(1) or 2(1) of the schedule to the Narcotic Control Regulations.",
|
| 64 |
"history": "SOR/2013-119, s. 252; SOR/2013-172, s. 10; SOR/2016-239, s. 9; SOR/2018-37, s. 8; SOR/2018-147, s. 32",
|
| 65 |
"last_amended": "2018-10-17",
|
|
|
|
|
|
|
| 66 |
"current_to": "2025-12-02",
|
| 67 |
"citation": "New Classes of Practitioners Regs, s. 4",
|
| 68 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-4.html"
|
|
@@ -80,6 +88,8 @@
|
|
| 80 |
"text": "5 In the event of any inconsistency between these Regulations and the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations, these Regulations prevail to the extent of the inconsistency.",
|
| 81 |
"history": "",
|
| 82 |
"last_amended": "2012-11-21",
|
|
|
|
|
|
|
| 83 |
"current_to": "2025-12-02",
|
| 84 |
"citation": "New Classes of Practitioners Regs, s. 5",
|
| 85 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-5.html"
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@@ -97,6 +107,8 @@
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"text": "6 [Amendments]",
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"history": "",
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
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"citation": "New Classes of Practitioners Regs, s. 6",
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-6.html"
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@@ -114,6 +126,8 @@
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"text": "7 [Amendment]",
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"history": "",
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
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"citation": "New Classes of Practitioners Regs, s. 7",
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-7.html"
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@@ -131,6 +145,8 @@
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"text": "8 [Amendment]",
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"history": "",
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
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"citation": "New Classes of Practitioners Regs, s. 8",
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-8.html"
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@@ -148,6 +164,8 @@
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"text": "9 [Amendment]",
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"history": "",
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
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"citation": "New Classes of Practitioners Regs, s. 9",
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-9.html"
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@@ -165,6 +183,8 @@
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"text": "10 [Amendments]",
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"history": "",
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
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"citation": "New Classes of Practitioners Regs, s. 10",
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-10.html"
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@@ -182,6 +202,8 @@
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"text": "11 [Amendment]",
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"history": "",
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
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"citation": "New Classes of Practitioners Regs, s. 11",
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-11.html"
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@@ -199,6 +221,8 @@
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"text": "12 [Amendments]",
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"history": "",
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
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"citation": "New Classes of Practitioners Regs, s. 12",
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-12.html"
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@@ -216,6 +240,8 @@
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"text": "13 [Amendment]",
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"history": "",
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
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"citation": "New Classes of Practitioners Regs, s. 13",
|
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-13.html"
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@@ -233,6 +259,8 @@
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"text": "14 [Amendments]",
|
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"history": "",
|
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
|
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"citation": "New Classes of Practitioners Regs, s. 14",
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-14.html"
|
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@@ -250,6 +278,8 @@
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| 250 |
"text": "15 [Amendment]",
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"history": "",
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
|
| 254 |
"citation": "New Classes of Practitioners Regs, s. 15",
|
| 255 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-15.html"
|
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@@ -267,6 +297,8 @@
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"text": "16 [Amendment]",
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"history": "",
|
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
|
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"citation": "New Classes of Practitioners Regs, s. 16",
|
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-16.html"
|
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@@ -284,6 +316,8 @@
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|
| 284 |
"text": "17 [Amendment]",
|
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"history": "",
|
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
|
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"citation": "New Classes of Practitioners Regs, s. 17",
|
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-17.html"
|
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@@ -301,6 +335,8 @@
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|
| 301 |
"text": "18 [Amendments]",
|
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"history": "",
|
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
|
| 305 |
"citation": "New Classes of Practitioners Regs, s. 18",
|
| 306 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-18.html"
|
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@@ -318,6 +354,8 @@
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"text": "19 [Amendment]",
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"history": "",
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
|
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"citation": "New Classes of Practitioners Regs, s. 19",
|
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"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-19.html"
|
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@@ -335,6 +373,8 @@
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"text": "20 [Amendments]",
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"history": "",
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"last_amended": "2012-11-21",
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"current_to": "2025-12-02",
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"citation": "New Classes of Practitioners Regs, s. 20",
|
| 340 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-20.html"
|
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@@ -352,6 +392,8 @@
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|
| 352 |
"text": "21 [Amendment]",
|
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"history": "",
|
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"last_amended": "2012-11-21",
|
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"current_to": "2025-12-02",
|
| 356 |
"citation": "New Classes of Practitioners Regs, s. 21",
|
| 357 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-21.html"
|
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@@ -369,6 +411,8 @@
|
|
| 369 |
"text": "22 [Amendment]",
|
| 370 |
"history": "",
|
| 371 |
"last_amended": "2012-11-21",
|
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|
| 372 |
"current_to": "2025-12-02",
|
| 373 |
"citation": "New Classes of Practitioners Regs, s. 22",
|
| 374 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-22.html"
|
|
@@ -386,6 +430,8 @@
|
|
| 386 |
"text": "23 [Amendment]",
|
| 387 |
"history": "",
|
| 388 |
"last_amended": "2012-11-21",
|
|
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|
| 389 |
"current_to": "2025-12-02",
|
| 390 |
"citation": "New Classes of Practitioners Regs, s. 23",
|
| 391 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-23.html"
|
|
@@ -403,6 +449,8 @@
|
|
| 403 |
"text": "24 [Amendment]",
|
| 404 |
"history": "",
|
| 405 |
"last_amended": "2012-11-21",
|
|
|
|
|
|
|
| 406 |
"current_to": "2025-12-02",
|
| 407 |
"citation": "New Classes of Practitioners Regs, s. 24",
|
| 408 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-24.html"
|
|
@@ -420,6 +468,8 @@
|
|
| 420 |
"text": "25 [Amendments]",
|
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"history": "",
|
| 422 |
"last_amended": "2012-11-21",
|
|
|
|
|
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|
| 423 |
"current_to": "2025-12-02",
|
| 424 |
"citation": "New Classes of Practitioners Regs, s. 25",
|
| 425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-25.html"
|
|
@@ -437,6 +487,8 @@
|
|
| 437 |
"text": "26 [Amendment]",
|
| 438 |
"history": "",
|
| 439 |
"last_amended": "2012-11-21",
|
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|
| 440 |
"current_to": "2025-12-02",
|
| 441 |
"citation": "New Classes of Practitioners Regs, s. 26",
|
| 442 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-26.html"
|
|
@@ -454,6 +506,8 @@
|
|
| 454 |
"text": "27 [Amendment]",
|
| 455 |
"history": "",
|
| 456 |
"last_amended": "2012-11-21",
|
|
|
|
|
|
|
| 457 |
"current_to": "2025-12-02",
|
| 458 |
"citation": "New Classes of Practitioners Regs, s. 27",
|
| 459 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-27.html"
|
|
@@ -471,6 +525,8 @@
|
|
| 471 |
"text": "28 [Transitional Provisions]",
|
| 472 |
"history": "",
|
| 473 |
"last_amended": "2012-11-21",
|
|
|
|
|
|
|
| 474 |
"current_to": "2025-12-02",
|
| 475 |
"citation": "New Classes of Practitioners Regs, s. 28",
|
| 476 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-28.html"
|
|
@@ -488,6 +544,8 @@
|
|
| 488 |
"text": "*29 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.\n* [Note: Regulations in force November 21, 2012.]",
|
| 489 |
"history": "",
|
| 490 |
"last_amended": "2012-11-01",
|
|
|
|
|
|
|
| 491 |
"current_to": "2025-12-02",
|
| 492 |
"citation": "New Classes of Practitioners Regs, s. *29",
|
| 493 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-*29.html"
|
|
|
|
| 12 |
"text": "1 The following definitions apply in these Regulations.\nAct means the Controlled Drugs and Substances Act. (Loi)\nlisted substance means a substance set out in Schedule 1 to the Benzodiazepines and Other Targeted Substances Regulations, the schedule to Part G of the Food and Drug Regulations or the schedule to the Narcotic Control Regulations, and includes anything that contains the substance. (substance inscrite)\nmidwife means a person who is registered and entitled under the laws of a province to practise midwifery and who is practising midwifery in that province. (sage-femme)\nnurse practitioner means a person who is registered and entitled under the laws of a province to practise as a nurse practitioner or an equivalent designation and who is practising as a nurse practitioner or an equivalent designation in that province. For the purpose of this definition, a designation is equivalent when it designates a person who\n(a) is a registered nurse;\n(b) possesses additional educational preparation and experience related to health care;\n(c) can autonomously make diagnoses, order and interpret diagnostic tests, prescribe drugs and perform other specific procedures under the laws of a province; and\n(d) is practising their profession in accordance with, for example, the following provincial laws, as amended from time to time:\n(i) the Extended Practice Regulation, Man. Reg. 43/2005, made under The Registered Nurses Act of Manitoba, C.C.S.M., c. R40,\n(ii) Ontario Regulation 275/94, made under the Nursing Act, 1991 of Ontario, S.O. 1991, c. 32, or\n(iii) the Regulation respecting Ordre des infirmières et infirmiers du Québec classes of specialities related to the performance of acts contemplated in section 36.1 of the Nurses Act, R.R.Q., c. I-8, r. 8, made under the Nurses Act of Quebec, R.S.Q., c. I-8. (infirmier praticien)\npodiatrist means a person who is registered and entitled under the laws of a province to practise podiatry or chiropody and who is practising podiatry or chiropody in that province. (podiatre)",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2012-11-21",
|
| 15 |
+
"in_force": "2012-11-21",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2025-12-02",
|
| 18 |
"citation": "New Classes of Practitioners Regs, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-1.html"
|
|
|
|
| 31 |
"text": "2 For the purpose of the definition practitioner in subsection 2(1) of the Act, the following classes of persons are prescribed:\n(a) midwives;\n(b) nurse practitioners; and\n(c) podiatrists.",
|
| 32 |
"history": "",
|
| 33 |
"last_amended": "2012-11-21",
|
| 34 |
+
"in_force": "2012-11-21",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2025-12-02",
|
| 37 |
"citation": "New Classes of Practitioners Regs, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-2.html"
|
|
|
|
| 50 |
"text": "3 Subject to section 4, a midwife, nurse practitioner or podiatrist, as a practitioner, may prescribe or possess a listed substance, or conduct an activity with a listed substance, in accordance with the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations if they are permitted to prescribe, in their practice under the laws of the province in which they are registered and entitled to practise, that substance.",
|
| 51 |
"history": "SOR/2013-119, s. 251; SOR/2016-230, s. 280; SOR/2018-147, s. 31",
|
| 52 |
"last_amended": "2018-10-17",
|
| 53 |
+
"in_force": "2018-10-17",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2025-12-02",
|
| 56 |
"citation": "New Classes of Practitioners Regs, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-3.html"
|
|
|
|
| 69 |
"text": "4\n(1) In respect of a midwife or podiatrist, a listed substance excludes a substance set out in\n(a) the definition designated drug in subsection G.04.001(1) of the Food and Drug Regulations;\n(b) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations; and\n(c) any of subitems 1(1) and (10), 2(1), 5(4) and 10(1) of the schedule to the Narcotic Control Regulations.\n(2) [Exclusions — nurse practitioner] In respect of a nurse practitioner, a listed substance excludes a substance set out in\n(a) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations, except for subitem (40); and\n(b) subitem 1(1) or 2(1) of the schedule to the Narcotic Control Regulations.",
|
| 70 |
"history": "SOR/2013-119, s. 252; SOR/2013-172, s. 10; SOR/2016-239, s. 9; SOR/2018-37, s. 8; SOR/2018-147, s. 32",
|
| 71 |
"last_amended": "2018-10-17",
|
| 72 |
+
"in_force": "2018-10-17",
|
| 73 |
+
"status": "in force",
|
| 74 |
"current_to": "2025-12-02",
|
| 75 |
"citation": "New Classes of Practitioners Regs, s. 4",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-4.html"
|
|
|
|
| 88 |
"text": "5 In the event of any inconsistency between these Regulations and the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations, these Regulations prevail to the extent of the inconsistency.",
|
| 89 |
"history": "",
|
| 90 |
"last_amended": "2012-11-21",
|
| 91 |
+
"in_force": "2012-11-21",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2025-12-02",
|
| 94 |
"citation": "New Classes of Practitioners Regs, s. 5",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-5.html"
|
|
|
|
| 107 |
"text": "6 [Amendments]",
|
| 108 |
"history": "",
|
| 109 |
"last_amended": "2012-11-21",
|
| 110 |
+
"in_force": "2012-11-21",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2025-12-02",
|
| 113 |
"citation": "New Classes of Practitioners Regs, s. 6",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-6.html"
|
|
|
|
| 126 |
"text": "7 [Amendment]",
|
| 127 |
"history": "",
|
| 128 |
"last_amended": "2012-11-21",
|
| 129 |
+
"in_force": "2012-11-21",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2025-12-02",
|
| 132 |
"citation": "New Classes of Practitioners Regs, s. 7",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-7.html"
|
|
|
|
| 145 |
"text": "8 [Amendment]",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2012-11-21",
|
| 148 |
+
"in_force": "2012-11-21",
|
| 149 |
+
"status": "in force",
|
| 150 |
"current_to": "2025-12-02",
|
| 151 |
"citation": "New Classes of Practitioners Regs, s. 8",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-8.html"
|
|
|
|
| 164 |
"text": "9 [Amendment]",
|
| 165 |
"history": "",
|
| 166 |
"last_amended": "2012-11-21",
|
| 167 |
+
"in_force": "2012-11-21",
|
| 168 |
+
"status": "in force",
|
| 169 |
"current_to": "2025-12-02",
|
| 170 |
"citation": "New Classes of Practitioners Regs, s. 9",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-9.html"
|
|
|
|
| 183 |
"text": "10 [Amendments]",
|
| 184 |
"history": "",
|
| 185 |
"last_amended": "2012-11-21",
|
| 186 |
+
"in_force": "2012-11-21",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2025-12-02",
|
| 189 |
"citation": "New Classes of Practitioners Regs, s. 10",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-10.html"
|
|
|
|
| 202 |
"text": "11 [Amendment]",
|
| 203 |
"history": "",
|
| 204 |
"last_amended": "2012-11-21",
|
| 205 |
+
"in_force": "2012-11-21",
|
| 206 |
+
"status": "in force",
|
| 207 |
"current_to": "2025-12-02",
|
| 208 |
"citation": "New Classes of Practitioners Regs, s. 11",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-11.html"
|
|
|
|
| 221 |
"text": "12 [Amendments]",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2012-11-21",
|
| 224 |
+
"in_force": "2012-11-21",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2025-12-02",
|
| 227 |
"citation": "New Classes of Practitioners Regs, s. 12",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-12.html"
|
|
|
|
| 240 |
"text": "13 [Amendment]",
|
| 241 |
"history": "",
|
| 242 |
"last_amended": "2012-11-21",
|
| 243 |
+
"in_force": "2012-11-21",
|
| 244 |
+
"status": "in force",
|
| 245 |
"current_to": "2025-12-02",
|
| 246 |
"citation": "New Classes of Practitioners Regs, s. 13",
|
| 247 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-13.html"
|
|
|
|
| 259 |
"text": "14 [Amendments]",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2012-11-21",
|
| 262 |
+
"in_force": "2012-11-21",
|
| 263 |
+
"status": "in force",
|
| 264 |
"current_to": "2025-12-02",
|
| 265 |
"citation": "New Classes of Practitioners Regs, s. 14",
|
| 266 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-14.html"
|
|
|
|
| 278 |
"text": "15 [Amendment]",
|
| 279 |
"history": "",
|
| 280 |
"last_amended": "2012-11-21",
|
| 281 |
+
"in_force": "2012-11-21",
|
| 282 |
+
"status": "in force",
|
| 283 |
"current_to": "2025-12-02",
|
| 284 |
"citation": "New Classes of Practitioners Regs, s. 15",
|
| 285 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-15.html"
|
|
|
|
| 297 |
"text": "16 [Amendment]",
|
| 298 |
"history": "",
|
| 299 |
"last_amended": "2012-11-21",
|
| 300 |
+
"in_force": "2012-11-21",
|
| 301 |
+
"status": "in force",
|
| 302 |
"current_to": "2025-12-02",
|
| 303 |
"citation": "New Classes of Practitioners Regs, s. 16",
|
| 304 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-16.html"
|
|
|
|
| 316 |
"text": "17 [Amendment]",
|
| 317 |
"history": "",
|
| 318 |
"last_amended": "2012-11-21",
|
| 319 |
+
"in_force": "2012-11-21",
|
| 320 |
+
"status": "in force",
|
| 321 |
"current_to": "2025-12-02",
|
| 322 |
"citation": "New Classes of Practitioners Regs, s. 17",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-17.html"
|
|
|
|
| 335 |
"text": "18 [Amendments]",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2012-11-21",
|
| 338 |
+
"in_force": "2012-11-21",
|
| 339 |
+
"status": "in force",
|
| 340 |
"current_to": "2025-12-02",
|
| 341 |
"citation": "New Classes of Practitioners Regs, s. 18",
|
| 342 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-18.html"
|
|
|
|
| 354 |
"text": "19 [Amendment]",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2012-11-21",
|
| 357 |
+
"in_force": "2012-11-21",
|
| 358 |
+
"status": "in force",
|
| 359 |
"current_to": "2025-12-02",
|
| 360 |
"citation": "New Classes of Practitioners Regs, s. 19",
|
| 361 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-19.html"
|
|
|
|
| 373 |
"text": "20 [Amendments]",
|
| 374 |
"history": "",
|
| 375 |
"last_amended": "2012-11-21",
|
| 376 |
+
"in_force": "2012-11-21",
|
| 377 |
+
"status": "in force",
|
| 378 |
"current_to": "2025-12-02",
|
| 379 |
"citation": "New Classes of Practitioners Regs, s. 20",
|
| 380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-20.html"
|
|
|
|
| 392 |
"text": "21 [Amendment]",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2012-11-21",
|
| 395 |
+
"in_force": "2012-11-21",
|
| 396 |
+
"status": "in force",
|
| 397 |
"current_to": "2025-12-02",
|
| 398 |
"citation": "New Classes of Practitioners Regs, s. 21",
|
| 399 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-21.html"
|
|
|
|
| 411 |
"text": "22 [Amendment]",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2012-11-21",
|
| 414 |
+
"in_force": "2012-11-21",
|
| 415 |
+
"status": "in force",
|
| 416 |
"current_to": "2025-12-02",
|
| 417 |
"citation": "New Classes of Practitioners Regs, s. 22",
|
| 418 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-22.html"
|
|
|
|
| 430 |
"text": "23 [Amendment]",
|
| 431 |
"history": "",
|
| 432 |
"last_amended": "2012-11-21",
|
| 433 |
+
"in_force": "2012-11-21",
|
| 434 |
+
"status": "in force",
|
| 435 |
"current_to": "2025-12-02",
|
| 436 |
"citation": "New Classes of Practitioners Regs, s. 23",
|
| 437 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-23.html"
|
|
|
|
| 449 |
"text": "24 [Amendment]",
|
| 450 |
"history": "",
|
| 451 |
"last_amended": "2012-11-21",
|
| 452 |
+
"in_force": "2012-11-21",
|
| 453 |
+
"status": "in force",
|
| 454 |
"current_to": "2025-12-02",
|
| 455 |
"citation": "New Classes of Practitioners Regs, s. 24",
|
| 456 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-24.html"
|
|
|
|
| 468 |
"text": "25 [Amendments]",
|
| 469 |
"history": "",
|
| 470 |
"last_amended": "2012-11-21",
|
| 471 |
+
"in_force": "2012-11-21",
|
| 472 |
+
"status": "in force",
|
| 473 |
"current_to": "2025-12-02",
|
| 474 |
"citation": "New Classes of Practitioners Regs, s. 25",
|
| 475 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-25.html"
|
|
|
|
| 487 |
"text": "26 [Amendment]",
|
| 488 |
"history": "",
|
| 489 |
"last_amended": "2012-11-21",
|
| 490 |
+
"in_force": "2012-11-21",
|
| 491 |
+
"status": "in force",
|
| 492 |
"current_to": "2025-12-02",
|
| 493 |
"citation": "New Classes of Practitioners Regs, s. 26",
|
| 494 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-26.html"
|
|
|
|
| 506 |
"text": "27 [Amendment]",
|
| 507 |
"history": "",
|
| 508 |
"last_amended": "2012-11-21",
|
| 509 |
+
"in_force": "2012-11-21",
|
| 510 |
+
"status": "in force",
|
| 511 |
"current_to": "2025-12-02",
|
| 512 |
"citation": "New Classes of Practitioners Regs, s. 27",
|
| 513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-27.html"
|
|
|
|
| 525 |
"text": "28 [Transitional Provisions]",
|
| 526 |
"history": "",
|
| 527 |
"last_amended": "2012-11-21",
|
| 528 |
+
"in_force": "2012-11-21",
|
| 529 |
+
"status": "in force",
|
| 530 |
"current_to": "2025-12-02",
|
| 531 |
"citation": "New Classes of Practitioners Regs, s. 28",
|
| 532 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-28.html"
|
|
|
|
| 544 |
"text": "*29 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.\n* [Note: Regulations in force November 21, 2012.]",
|
| 545 |
"history": "",
|
| 546 |
"last_amended": "2012-11-01",
|
| 547 |
+
"in_force": "2012-11-01",
|
| 548 |
+
"status": "in force",
|
| 549 |
"current_to": "2025-12-02",
|
| 550 |
"citation": "New Classes of Practitioners Regs, s. *29",
|
| 551 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-230/section-*29.html"
|
|
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|
|
|
@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1 [Repealed, SOR/2025-236, s. 2]",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2025-11-21",
|
|
|
|
|
|
|
| 15 |
"current_to": "2025-11-27",
|
| 16 |
"citation": "Plant Protection Regs, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2 In these Regulations,\nAct means the Plant Protection Act; (Loi)\nactivity, in respect of a thing, means the processing, handling, packaging, labelling, distributing, sale, disposition, loading, unloading, movement, use, treatment, preservation, safeguarding or storage of the thing, and includes any activity referred to in subsection 6(1) of the Act; (activité)\nAgency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)\ninfested means that a pest is present in or on a thing or place or that the thing or place is so exposed to a pest that one can reasonably suspect that the pest is in or on the thing or place; (infesté) (parasité)\nMovement Certificate means a document, issued pursuant to the Act and signed by an inspector, that authorizes the movement of things within Canada or from Canada to a foreign destination; (certificat de circulation)\npermit means a permit to import a thing issued by the Minister pursuant to subsection 32(1) or 43(1); (permis)\npest risk assessment means a pest risk assessment conducted by the Minister in accordance with the principles of the International Standards for Phytosanitary Measures, Part I — Import Regulations, Guidelines for Pest Risk analysis, published by the Food and Agriculture Organization of the United Nations, as amended from time to time, with the definition pest in those guidelines being replaced by the definition pest in section 3 of the Act, for the purpose of\n(a) determining if a thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest,\n(b) recommending actions, as applicable,\n(i) to prevent the introduction into Canada or the spread within or from Canada of any pest or biological obstacle to the control of a pest, or\n(ii) to control a pest or to eradicate a pest or biological obstacle to the control of a pest,\n(c) determining if a thing that is a pest or biological obstacle to the control of a pest has a significant adverse effect on the environment, and\n(d) minimizing the degradation of environmental quality with respect to Canadian flora; (analyse du risque phytosanitaire)\nquarantine means the confinement of a thing for a period and includes confinement for the purposes of\n(a) observation, inspection, testing or analysis of a thing to determine if the thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, or\n(b) preventing the spread of a pest or biological obstacle to the control of a pest; (quarantaine)\nsend includes electronic transmittal and mail. (envoyer)",
|
| 30 |
"history": "SOR/97-292, s. 30; SOR/2003-6, s. 98; SOR/2009-326, s. 1(F)",
|
| 31 |
"last_amended": "2009-12-10",
|
|
|
|
|
|
|
| 32 |
"current_to": "2025-11-27",
|
| 33 |
"citation": "Plant Protection Regs, s. 2",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-2.html"
|
|
@@ -46,6 +50,8 @@
|
|
| 46 |
"text": "3 An inspector may, as appropriate in the circumstances for the purpose of eradicating a pest or preventing its spread, take one or more of the actions that the inspector is authorized to take under the Act or any regulation or order made under the Act if\n(a) after a pest risk assessment, the Minister or an inspector believes on reasonable grounds that a thing is a pest, or a thing or place is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest; and\n(b) the Minister determines that it is necessary and cost-justifiable to take pest control measures.",
|
| 47 |
"history": "SOR/2009-326, s. 2",
|
| 48 |
"last_amended": "2009-12-10",
|
|
|
|
|
|
|
| 49 |
"current_to": "2025-11-27",
|
| 50 |
"citation": "Plant Protection Regs, s. 3",
|
| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-3.html"
|
|
@@ -63,6 +69,8 @@
|
|
| 63 |
"text": "4 For the 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.",
|
| 64 |
"history": "",
|
| 65 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 66 |
"current_to": "2025-11-27",
|
| 67 |
"citation": "Plant Protection Regs, s. 4",
|
| 68 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-4.html"
|
|
@@ -80,6 +88,8 @@
|
|
| 80 |
"text": "5\n(1) For the purposes of subsection 6(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\n(a) the Minister or an inspector determines that the activity is for the purpose of scientific research, educational, processing, industrial or exhibition purposes;\n(b) the person obtains a written authorization issued by the Minister or an inspector in accordance with subsection (2);\n(c) the thing is packaged, transported, handled, controlled and used in a manner that ensures a pest or biological obstacle to the control of a pest is not spread within or from Canada;\n(d) the thing is moved in accordance with the requirements of Part III; and\n(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 the thing, remains or portion thereof disposes of it in a manner that\n(i) ensures that a pest or biological obstacle to the control of a pest will not spread, and\n(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 is non-viable.\n(2) Subject to paragraph (1)(a), the Minister or an inspector shall issue a written authorization in respect of any activity referred to in subsection 6(1) of the Act where the Minister or an inspector determines that the person is able and willing to comply with paragraphs (1)(c), (d) and (e) and with the conditions set out in the authorization and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest.\n(3) A written authorization referred to in subsection (2) may set out the conditions under which any activity referred to in subsection 6(1) of the Act may be undertaken in respect of the thing to prevent the spread within or from Canada of a pest or a biological obstacle to the control of a pest.\n(4) A person who obtains a written authorization referred to in subsection (2) shall comply with all the conditions set out in the authorization.\n(5) Subject to section 21, a person is not required to obtain a written authorization referred to in paragraph (1)(b) of these Regulations or in subsection 6(2) of the Act where the person is acting for or on behalf of Her Majesty in right of Canada and\n(a) is acting for any of the purposes set out in section 2 of the Act or in respect to the application of the Act or any regulation or order made thereunder; or\n(b) is moving a thing for the purpose of administering any other Act.",
|
| 81 |
"history": "SOR/2002-438, s. 19(F)",
|
| 82 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 83 |
"current_to": "2025-11-27",
|
| 84 |
"citation": "Plant Protection Regs, s. 5",
|
| 85 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-5.html"
|
|
@@ -97,6 +107,8 @@
|
|
| 97 |
"text": "6\n(1) An inspector or a peace officer acting on the request of an inspector may affix a seal to a conveyance or any other thing.\n(2) Each seal shall bear a number and the inscription “CANADA — C.F.I.A./A.C.I.A.”.\n(3) No person, other than an inspector or a person authorized in writing by an inspector, shall have a seal bearing the information referred to in subsection (2) or any facsimile thereof in the person’s possession, custody or control.",
|
| 98 |
"history": "SOR/2000-184, s. 81",
|
| 99 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 100 |
"current_to": "2025-11-27",
|
| 101 |
"citation": "Plant Protection Regs, s. 6",
|
| 102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-6.html"
|
|
@@ -114,6 +126,8 @@
|
|
| 114 |
"text": "7\n(1) Except as authorized by an inspector pursuant to subsection (2), no person, other than an inspector, shall remove, break, tamper with or alter a seal.\n(2) Where it would be impracticable for an inspector to remove or break a seal, any inspector may authorize any person in writing to do so on the inspector’s behalf.\n(3) An owner or a person having the possession, care or control of a conveyance or any other thing on which a seal is affixed, shall ensure that the seal is not removed, broken, tampered with or altered except in accordance with this section.",
|
| 115 |
"history": "",
|
| 116 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 117 |
"current_to": "2025-11-27",
|
| 118 |
"citation": "Plant Protection Regs, s. 7",
|
| 119 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-7.html"
|
|
@@ -131,6 +145,8 @@
|
|
| 131 |
"text": "8 [Repealed, SOR/2017-94, s. 15]",
|
| 132 |
"history": "",
|
| 133 |
"last_amended": "2017-05-19",
|
|
|
|
|
|
|
| 134 |
"current_to": "2025-11-27",
|
| 135 |
"citation": "Plant Protection Regs, s. 8",
|
| 136 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-8.html"
|
|
@@ -148,6 +164,8 @@
|
|
| 148 |
"text": "9 [Repealed, SOR/2017-94, s. 15]",
|
| 149 |
"history": "",
|
| 150 |
"last_amended": "2017-05-19",
|
|
|
|
|
|
|
| 151 |
"current_to": "2025-11-27",
|
| 152 |
"citation": "Plant Protection Regs, s. 9",
|
| 153 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-9.html"
|
|
@@ -165,6 +183,8 @@
|
|
| 165 |
"text": "10\n(1) The Minister may publish a notice setting out the manner in which any document that is required to be provided to the Minister or to an inspector under the Act or under any regulation or order made under the Act is to be prepared and provided.\n(2) A document referred to in subsection (1) must be prepared and provided in the manner set out in the notice, unless the provision of the document is required by an inspector who specifies a different manner.\n(3) If a document referred to in subsection (1) that is provided to the Minister or an inspector is not the original of the document, the original must, if requested, be provided within a reasonable period.",
|
| 166 |
"history": "SOR/2007-48, s. 1; SOR/2025-236, s. 3",
|
| 167 |
"last_amended": "2025-11-21",
|
|
|
|
|
|
|
| 168 |
"current_to": "2025-11-27",
|
| 169 |
"citation": "Plant Protection Regs, s. 10",
|
| 170 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-10.html"
|
|
@@ -182,6 +202,8 @@
|
|
| 182 |
"text": "11\n(1) Where the Minister or an inspector believes on reasonable grounds that a thing is a pest or that a period is required to determine if a thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require that the thing be quarantined.\n(2) Where an inspector quarantines a thing, any inspector may specify in writing the period of the quarantine and the conditions necessary for the purpose of detecting a pest or biological obstacle to the control of a pest or preventing or controlling the spread of a pest or biological obstacle to the control of a pest.",
|
| 183 |
"history": "SOR/2009-326, s. 3(F)",
|
| 184 |
"last_amended": "2009-12-10",
|
|
|
|
|
|
|
| 185 |
"current_to": "2025-11-27",
|
| 186 |
"citation": "Plant Protection Regs, s. 11",
|
| 187 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-11.html"
|
|
@@ -199,6 +221,8 @@
|
|
| 199 |
"text": "12\n(1) Where a thing is quarantined,\n(a) an inspector shall send or personally deliver a notice of quarantine to the owner or person having the possession, care or control of the thing, unless it is specified in a permit that the thing is to be quarantined; and\n(b) any inspector may attach a quarantine tag to the thing or its container.\n(2) A quarantine tag, if any, shall bear the same quarantine number as the notice of quarantine or, where specified in the permit that a thing be quarantined, the quarantine tag shall bear the permit number.",
|
| 200 |
"history": "",
|
| 201 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 202 |
"current_to": "2025-11-27",
|
| 203 |
"citation": "Plant Protection Regs, s. 12",
|
| 204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-12.html"
|
|
@@ -216,6 +240,8 @@
|
|
| 216 |
"text": "13\n(1) Except as authorized by an inspector pursuant to subsection (2), no person, other than an inspector, shall\n(a) alter, deface or erase any information on a notice of quarantine or a quarantine tag; or\n(b) remove a quarantine tag.\n(2) Where it would be impracticable for an inspector to remove a quarantine tag, any inspector may authorize a person in writing to do so on the inspector’s behalf.",
|
| 217 |
"history": "",
|
| 218 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 219 |
"current_to": "2025-11-27",
|
| 220 |
"citation": "Plant Protection Regs, s. 13",
|
| 221 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-13.html"
|
|
@@ -233,6 +259,8 @@
|
|
| 233 |
"text": "14\n(1) Subject to subsection (2), where an inspector has quarantined a thing, no person shall undertake any activity in respect of the thing except in accordance with the conditions, and for the period, specified pursuant to subsection 11(2).\n(2) Any inspector may authorize an activity in respect of a thing referred to in subsection (1) where the activity is necessary in order to carry out the quarantine or would not adversely affect the quarantine.",
|
| 234 |
"history": "",
|
| 235 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 236 |
"current_to": "2025-11-27",
|
| 237 |
"citation": "Plant Protection Regs, s. 14",
|
| 238 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-14.html"
|
|
@@ -250,6 +278,8 @@
|
|
| 250 |
"text": "15\n(1) An inspector shall release from quarantine a thing or portion of the thing where an inspector determines that\n(a) the thing or portion is not a pest, or is not or could not be infested;\n(b) the thing or portion does not or could not constitute a biological obstacle to the control of a pest;\n(c) the pest has been eradicated from the thing or portion; or\n(d) the thing or portion no longer constitutes a biological obstacle to the control of a pest.\n(2) Where an inspector releases a thing or a portion of the thing from quarantine, an inspector shall send or personally deliver a notice of release from quarantine to the owner or person having the possession, care or control of the thing.",
|
| 251 |
"history": "",
|
| 252 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 253 |
"current_to": "2025-11-27",
|
| 254 |
"citation": "Plant Protection Regs, s. 15",
|
| 255 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-15.html"
|
|
@@ -267,6 +297,8 @@
|
|
| 267 |
"text": "16\n(1) An inspector may conduct an investigation or survey of a place or any thing in that place in order to detect pests or biological obstacles to the control of pests and to identify areas in which a pest or biological obstacle to the control of a pest is or could be found.\n(2) Where, as a result of an investigation or a survey conducted by any inspector or any other person, the Minister or an inspector has reasonable grounds to believe that a pest or biological obstacle to the control of a pest has been detected and an area in which the pest or biological obstacle is or could be found has been identified,\n(a) the Minister or any inspector may describe the area by reference to a map or plan that is publicly available, or by reference to any farm, county, district, municipality, province or any part thereof; and\n(b) the Minister shall take all necessary steps as may be practicable in the circumstances to bring any information relevant to the pest or biological obstacle and the area to the notice of persons likely to be affected by the pest or biological obstacle.",
|
| 268 |
"history": "SOR/2017-94, s. 16",
|
| 269 |
"last_amended": "2017-05-19",
|
|
|
|
|
|
|
| 270 |
"current_to": "2025-11-27",
|
| 271 |
"citation": "Plant Protection Regs, s. 16",
|
| 272 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-16.html"
|
|
@@ -284,6 +316,8 @@
|
|
| 284 |
"text": "17\n(1) Where the Minister or an inspector believes on reasonable grounds that a thing is a pest, or a thing or place is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may, in order to eradicate, or prevent the spread of, the pest or biological obstacle, decide that the thing or place shall be treated or processed and may determine the treatment or process and manner of treatment or processing.\n(2) Where, pursuant to subsection (1), an inspector decides that a thing or place shall be treated or processed, any inspector may\n(a) treat or process it or cause it to be treated or processed; or\n(b) require the owner or the person having the possession, care or control of the thing or place to treat or process it or cause it to be treated or processed.\n(3) A requirement made pursuant to paragraph (2)(b) shall be communicated by sending or personally delivering a notice in writing to the owner or other person, and the notice may specify the treatment or process, manner of treatment or processing or the date by which the treatment or processing shall be completed.\n(4) An owner or other person who receives a notice referred to in subsection (3) shall ensure that\n(a) the treatment or process is carried out in accordance with the notice and any other instructions issued by an inspector in respect of the treatment or process or manner of treatment or processing of the thing or place; and\n(b) the pest or biological obstacle to the control of a pest is eradicated and the spread of the pest or biological obstacle is prevented.",
|
| 285 |
"history": "",
|
| 286 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 287 |
"current_to": "2025-11-27",
|
| 288 |
"citation": "Plant Protection Regs, s. 17",
|
| 289 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-17.html"
|
|
@@ -301,6 +335,8 @@
|
|
| 301 |
"text": "18\n(1) Where, pursuant to section 27, 33 or 35 of the Act, a thing is detained, forfeited or confiscated or where, under these Regulations, a thing is quarantined, an inspector may require the owner or person having the possession, care or control of any thing or place in or on which the thing was contained, detained, forfeited, confiscated, or quarantined to treat or process, or cause to be treated or processed, that thing or place.\n(2) Subsections 17(3) and (4) apply, with such modifications as the circumstances require, where, pursuant to subsection (1), an inspector requires that a thing or place be treated or processed.",
|
| 302 |
"history": "",
|
| 303 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 304 |
"current_to": "2025-11-27",
|
| 305 |
"citation": "Plant Protection Regs, s. 18",
|
| 306 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-18.html"
|
|
@@ -318,6 +354,8 @@
|
|
| 318 |
"text": "19 Where a person or thing in any place presents an obstacle to a treatment required under the Act or any regulation or order made thereunder, or may be adversely affected by that treatment, an inspector may orally or in writing require the removal of the person or thing from the place, and the person or the owner or person having the possession, care or control of the thing shall comply forthwith.",
|
| 319 |
"history": "",
|
| 320 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 321 |
"current_to": "2025-11-27",
|
| 322 |
"citation": "Plant Protection Regs, s. 19",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-19.html"
|
|
@@ -335,6 +373,8 @@
|
|
| 335 |
"text": "20\n(1) Where an inspector has reasonable grounds to believe that a place is infested, the inspector may prohibit or restrict the use of the place.\n(2) A prohibition or restriction under subsection (1) shall be communicated by sending or personally delivering a written notice to the occupier or owner of the place or, where the inspector cannot, after the exercise of due diligence, find the occupier or owner, by posting the notice at the place in question.\n(3) A prohibition or restriction under subsection (1) takes effect immediately on the communication or posting of the notice and continues during the period specified in the notice or, where no period is specified, indefinitely.",
|
| 336 |
"history": "SOR/2009-326, s. 4; SOR/2017-94, s. 17",
|
| 337 |
"last_amended": "2017-05-19",
|
|
|
|
|
|
|
| 338 |
"current_to": "2025-11-27",
|
| 339 |
"citation": "Plant Protection Regs, s. 20",
|
| 340 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-20.html"
|
|
@@ -352,6 +392,8 @@
|
|
| 352 |
"text": "21\n(1) Where an inspector has reasonable grounds to believe that a thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, the inspector may, in writing, for the purpose of detecting, eradicating or preventing the spread of the pest or biological obstacle,\n(a) prohibit or restrict any activity in respect of the thing indefinitely or during a specified period; and\n(b) specify conditions respecting the prohibition or restriction.\n(2) A prohibition or restriction referred to in subsection (1) shall be communicated by sending or personally delivering a written notice to the owner or person having the possession, care or control of the thing or, where an inspector cannot, after the exercise of due diligence, find the owner or that other person, by posting the notice on the thing.\n(3) A prohibition or restriction under subsection (1) takes effect immediately on the communication or posting of the notice and continues during the period specified in the notice or, where no period is specified, indefinitely.",
|
| 353 |
"history": "SOR/2009-326, s. 5; SOR/2017-94, s. 17",
|
| 354 |
"last_amended": "2017-05-19",
|
|
|
|
|
|
|
| 355 |
"current_to": "2025-11-27",
|
| 356 |
"citation": "Plant Protection Regs, s. 21",
|
| 357 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-21.html"
|
|
@@ -369,6 +411,8 @@
|
|
| 369 |
"text": "22 Where, pursuant to subsection 13(1) of the Act or paragraph 15(3)(d) of the Act, the Minister or an inspector has prohibited or restricted the movement of persons or things within, into or out of any place that has been declared infested, no person shall, except as authorized by an inspector and, in the case of an order made pursuant to paragraph 15(3)(d) of the Act, except in accordance with the prohibition or restriction set out in the order,\n(a) enter, move within or leave the place; or\n(b) move any thing.",
|
| 370 |
"history": "",
|
| 371 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 372 |
"current_to": "2025-11-27",
|
| 373 |
"citation": "Plant Protection Regs, s. 22",
|
| 374 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-22.html"
|
|
@@ -386,6 +430,8 @@
|
|
| 386 |
"text": "23 For the purposes of section 22, an inspector or a peace officer acting on the request of an inspector may\n(a) control the movement of any person within or about to enter or leave a place that has been declared infested; or\n(b) issue a written notice directing the movement of any thing to a specified place for the purpose of complying with the Act or any regulation or order made thereunder.",
|
| 387 |
"history": "",
|
| 388 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 389 |
"current_to": "2025-11-27",
|
| 390 |
"citation": "Plant Protection Regs, s. 23",
|
| 391 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-23.html"
|
|
@@ -403,6 +449,8 @@
|
|
| 403 |
"text": "24\n(1) Where an inspector seizes and detains any thing under section 27 of the Act,\n(a) an inspector shall send or personally deliver a notice of detention to the owner or person having the possession, care or control of the thing; and\n(b) any inspector may attach a detention tag to the thing or its container.\n(2) A detention tag, if any, shall bear the same detention number as the notice of detention.",
|
| 404 |
"history": "SOR/2009-326, s. 6(F)",
|
| 405 |
"last_amended": "2009-12-10",
|
|
|
|
|
|
|
| 406 |
"current_to": "2025-11-27",
|
| 407 |
"citation": "Plant Protection Regs, s. 24",
|
| 408 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-24.html"
|
|
@@ -420,6 +468,8 @@
|
|
| 420 |
"text": "25\n(1) Except as authorized by an inspector pursuant to subsection (2) or (3), no person, other than an inspector, shall\n(a) alter, deface or erase any information on a notice of detention or a detention tag;\n(b) remove a detention tag; or\n(c) undertake any activity in respect of a thing that is detained.\n(2) Where it would be impracticable for an inspector to remove a detention tag, any inspector may authorize a person in writing to do so on the inspector’s behalf.\n(3) An inspector may authorize an activity referred to in paragraph (1)(c) where the activity is necessary in order to detect, eradicate, or prevent the spread of a pest or biological obstacle to the control of a pest.",
|
| 421 |
"history": "",
|
| 422 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 423 |
"current_to": "2025-11-27",
|
| 424 |
"citation": "Plant Protection Regs, s. 25",
|
| 425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-25.html"
|
|
@@ -437,6 +487,8 @@
|
|
| 437 |
"text": "26\n(1) Where, in accordance with subsection 32(1) of the Act, a thing or any proceeds realized from its disposition may no longer be detained, an inspector shall release the thing or proceeds from detention and send or personally deliver a notice of release from detention to the owner or person having the possession, care or control of the thing.\n(2) [Repealed, SOR/2017-94, s. 18]",
|
| 438 |
"history": "SOR/2017-94, s. 18",
|
| 439 |
"last_amended": "2017-05-19",
|
|
|
|
|
|
|
| 440 |
"current_to": "2025-11-27",
|
| 441 |
"citation": "Plant Protection Regs, s. 26",
|
| 442 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-26.html"
|
|
@@ -454,6 +506,8 @@
|
|
| 454 |
"text": "27\n(1) Where the Minister or an inspector believes on reasonable grounds that a thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or person having the possession, care or control of the thing to dispose of it.\n(2) A requirement under subsection (1) shall be communicated by sending or personally delivering a notice in writing to the owner or other person, and the notice shall specify the manner of disposition and may specify the place of disposition and the date by which the disposition shall be completed.\n(3) Where, pursuant to subsection (1), an inspector requires that a thing be disposed of, any inspector may also require the owner or person having the possession, care or control of the thing to treat or cause to be treated any place or thing in or on which the thing to be disposed of was placed, contained, stored, detained or quarantined.\n(4) Subsections 17(3) and (4) apply, with such modifications as the circumstances require, where, pursuant to subsection (3), an inspector requires that a place or thing be treated.\n(5) Where, pursuant to subsection (1), an inspector requires that a thing be disposed of, no person shall undertake any other activity in respect of the thing without the approval of an inspector.",
|
| 455 |
"history": "",
|
| 456 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 457 |
"current_to": "2025-11-27",
|
| 458 |
"citation": "Plant Protection Regs, s. 27",
|
| 459 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-27.html"
|
|
@@ -471,6 +525,8 @@
|
|
| 471 |
"text": "28 In this Part,\nforeign Phytosanitary Certificate means a document, issued by the government of the country of origin of a thing, that attests to the phytosanitary status of the thing and that\n(a) contains the information required by the Model Phytosanitary Certificate set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time,\n(b) is issued within 14 days before the thing is shipped to Canada, and\n(c) is signed by an official of the country of origin who has been authorized by the government of that country to sign such certificates; (certificat phytosanitaire étranger)\nforeign Phytosanitary Certificate for Re-export means a document, issued by the government of the foreign country from which a thing is re-exported, that indicates that a thing is considered to conform with Canadian phytosanitary import requirements and that\n(a) contains the information required by the Model Phytosanitary Certificate for Re-Export set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time,\n(b) is issued within 14 days before the thing is shipped to Canada, and\n(c) is signed by an official of the country of re-export who has been authorized by the government of that country to sign such certificates. (certificat phytosanitaire étranger pour réexportation)",
|
| 472 |
"history": "",
|
| 473 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 474 |
"current_to": "2025-11-27",
|
| 475 |
"citation": "Plant Protection Regs, s. 28",
|
| 476 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-28.html"
|
|
@@ -488,6 +544,8 @@
|
|
| 488 |
"text": "29\n(1) Subject to subsections (1.1) to (5) and the conditions set out in sections 38 to 44, no person shall import into Canada 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, unless the person has obtained and furnished to an inspector a valid permit number and, as applicable, a foreign Phytosanitary Certificate or a foreign Phytosanitary Certificate for Re-export.\n(1.1) A person may furnish to the inspector the number of the applicable certificate referred to in subsection (1) instead of the certificate itself if the number is sufficient to give the Minister electronic access to the certificate.\n(2) Subject to subsections (3) and (4), a person may import a thing referred to in subsection (1) without a permit where the Minister determines, on the basis of a pest risk assessment,\n(a) that the thing is not a pest, is not or is not suspected of being infested or does not or could not constitute a biological obstacle to the control of a pest, and that the thing originates from an area free from pests listed in the List of Pests Regulated by Canada, published by the Agency, as amended from time to time; or\n(b) where the thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, that the thing has been treated or processed in the country or place of origin or reshipment in a manner that eliminates any pest or biological obstacle or results in any pest or biological obstacle being non-viable.\n(3) Where a thing originates from an area referred to in paragraph (2)(a), a person who imports the thing without a permit shall furnish to an inspector a document that attests to the origin of the thing.\n(4) Where a permit is not required pursuant to paragraph (2)(b), the person shall, before importation, demonstrate to the Minister or an inspector that the treatment or process of the thing has\n(a) eradicated any pest or biological obstacle to the control of a pest; or\n(b) resulted in any pest or biological obstacle to the control of a pest being non-viable.\n(5) Where a person referred to in subsection (4) does not demonstrate before importation that the treatment or process has attained a result referred to in that subsection, the person shall comply with subsection (1).\n(6) Any thing referred to in subsection (2) shall be packaged, moved, handled, controlled and used in a manner that ensures that the thing does not become a pest, infested or a biological obstacle to the control of a pest.\n(7) A person may import a thing referred to in subsection (1) without a foreign Phytosanitary Certificate or foreign Phytosanitary Certificate for Re-export where the Minister determines, on the basis of a pest risk assessment, that the thing is not a pest, is not or is not suspected of being infested or does not constitute or could not constitute a biological obstacle to the control of a pest.",
|
| 489 |
"history": "SOR/97-292, s. 31; SOR/2007-48, s. 2; SOR/2009-326, s. 7(F); SOR/2025-236, s. 4",
|
| 490 |
"last_amended": "2025-11-21",
|
|
|
|
|
|
|
| 491 |
"current_to": "2025-11-27",
|
| 492 |
"citation": "Plant Protection Regs, s. 29",
|
| 493 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-29.html"
|
|
@@ -505,6 +563,8 @@
|
|
| 505 |
"text": "30 A person may apply for a permit if the person\n(a) is a Canadian citizen or permanent resident, as those terms are defined in subsection 2(1) of the Immigration Act;\n(b) is authorized under the laws of Canada to reside in Canada for a period of six months or more and will have the possession, care or control of the thing to be imported; or\n(c) in the case of a corporation with a place of business in Canada, is an agent or officer of the corporation who resides in Canada.",
|
| 506 |
"history": "",
|
| 507 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 508 |
"current_to": "2025-11-27",
|
| 509 |
"citation": "Plant Protection Regs, s. 30",
|
| 510 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-30.html"
|
|
@@ -522,6 +582,8 @@
|
|
| 522 |
"text": "31\n(1) Subject to subsection (2), an application for a permit shall be in writing, signed and dated by the person applying for the permit and contain the following information:\n(a) the name, complete address and telephone number of the person;\n(b) the name, complete address and telephone number of the owner of the thing to be imported, if different from paragraph (a);\n(c) the name and complete address of the exporter;\n(d) a description and the common and scientific names of the thing;\n(e) the quantity of the thing;\n(f) the purpose for which the thing is to be admitted into Canada;\n(g) the place of entry and the location of the place of destination of the thing in Canada;\n(h) the means by which the thing will be transported;\n(i) the country and place where the thing was propagated or produced, and the country and place from which it was shipped to Canada;\n(j) the number of packages, if sent by mail or courier service; and\n(k) any other information respecting any activity undertaken in respect of the thing, or the precautions that will be taken to prevent the spreading of any pest or biological obstacle to the control of a pest while the thing is transported, as the Minister may require.\n(2) An application for a permit is not required to contain the information referred to in paragraphs (1)(c), (e), (g), (h) and (k) where the Minister has determined that the information is not necessary in order to assess the risk of a pest or biological obstacle to the control of a pest being introduced into Canada or being spread within Canada.\n(3) A person applying for a permit shall, if required by the Minister, furnish to the Minister, prior to the issuance of the permit,\n(a) samples of the thing to be imported, without charge to Her Majesty, for examination purposes; and\n(b) evidence that the person has adequate facilities for inspection and, if necessary, for quarantine of the thing.\n(4) The samples referred to in paragraph 3(a) may be kept by the Minister.\n(5) The Minister shall refuse to issue a permit if an application for the permit contains any false or misleading information.\n(6) Where a person obtains a permit on the basis of an application that contains false or misleading information, the permit is void from the date of its issuance.",
|
| 523 |
"history": "SOR/2009-326, s. 8(F)",
|
| 524 |
"last_amended": "2009-12-10",
|
|
|
|
|
|
|
| 525 |
"current_to": "2025-11-27",
|
| 526 |
"citation": "Plant Protection Regs, s. 31",
|
| 527 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-31.html"
|
|
@@ -539,6 +601,8 @@
|
|
| 539 |
"text": "32\n(1) Where the Minister has reasonable grounds to believe, on the basis of a pest risk assessment, that the importation of a thing will result or would likely result in the introduction into Canada, or the spread within Canada, of a thing that is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, the Minister shall issue a permit in respect of the thing if the Minister determines that every precaution necessary to prevent the introduction into Canada or the spread within Canada of any pest or biological obstacle to the control of a pest can and will be taken.\n(2) Where the Minister has reasonable grounds to believe, on the basis of a pest risk assessment, that the requirement referred to in subsection (1) is not met, the Minister shall refuse to issue a permit.",
|
| 540 |
"history": "SOR/2009-326, s. 9(F)",
|
| 541 |
"last_amended": "2009-12-10",
|
|
|
|
|
|
|
| 542 |
"current_to": "2025-11-27",
|
| 543 |
"citation": "Plant Protection Regs, s. 32",
|
| 544 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-32.html"
|
|
@@ -556,6 +620,8 @@
|
|
| 556 |
"text": "33 A permit shall be in a form established by the Minister, and shall set out\n(a) the conditions, if any, under which the thing to be imported may be admitted into Canada and governing the thing after it has entered Canada to prevent the introduction into Canada, or the spread within Canada, of a pest or biological obstacle to the control of a pest;\n(b) the expiration date of the permit; and\n(c) such other information as is necessary to identify the thing.",
|
| 557 |
"history": "",
|
| 558 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 559 |
"current_to": "2025-11-27",
|
| 560 |
"citation": "Plant Protection Regs, s. 33",
|
| 561 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-33.html"
|
|
@@ -573,6 +639,8 @@
|
|
| 573 |
"text": "34\n(1) A person who imports a thing under a permit shall comply with all the conditions set out in the permit.\n(2) Where the Minister determines that it is necessary to prevent the introduction into Canada or the spread within Canada of any pest or biological obstacle to the control of a pest, the Minister shall amend a permit by adding, removing or amending a condition or any information set out in the permit.\n(3) The Minister may revoke a permit issued to a person or refuse to issue any other permit to a person where the Minister determines that the person has not complied with\n(a) any condition set out in the permit; or\n(b) any provision of the Act or any regulation or order made thereunder.\n(c) [Repealed, SOR/2009-326, s. 10]\n(4) The Minister may revoke a permit issued to a person or refuse to issue a permit to a person where the Minister has reasonable grounds to believe that\n(a) there is an infestation in the country or place of origin of a thing or the country or place from which the thing was re-shipped; or\n(b) the person has not complied with\n(i) any condition set out in the permit, or\n(ii) any provision of the Act or any regulation or order made thereunder.\n(iii) [Repealed, SOR/2009-326, s. 10]\n(5) Where a foreign exporter has shipped to Canada any thing that is a pest, infested or a biological obstacle to the control of a pest or that contravenes any provision of the Act or any regulation or order made thereunder, the Minister may revoke a permit issued to any person, or refuse to issue a permit in respect of a thing to any person, to import from that foreign exporter or from the country or place of origin or reshipment until\n(a) the thing shipped or to be shipped is no longer a pest, infested or a biological obstacle to the control of a pest;\n(b) the phytosanitary certification authorities in the country or place of origin or reshipment have identified to the Minister the cause or source of the infestation that is the subject-matter of the contravention; and\n(c) the foreign exporter or the phytosanitary certification authorities referred to in paragraph (b) have given a written undertaking to comply with the provisions of the Act and all regulations and orders made under it.",
|
| 574 |
"history": "SOR/2007-48, s. 3; SOR/2009-326, s. 10",
|
| 575 |
"last_amended": "2009-12-10",
|
|
|
|
|
|
|
| 576 |
"current_to": "2025-11-27",
|
| 577 |
"citation": "Plant Protection Regs, s. 34",
|
| 578 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-34.html"
|
|
@@ -590,6 +658,8 @@
|
|
| 590 |
"text": "35 Subject to section 34, a permit shall remain in force for the period specified in the permit.",
|
| 591 |
"history": "",
|
| 592 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 593 |
"current_to": "2025-11-27",
|
| 594 |
"citation": "Plant Protection Regs, s. 35",
|
| 595 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-35.html"
|
|
@@ -607,6 +677,8 @@
|
|
| 607 |
"text": "36 The person to whom a permit has been issued shall\n(a) where required as a condition of the permit to keep a record in a form established by the Minister and containing information respecting activities undertaken in respect of the thing, furnish the record, on request, for inspection or copying by an inspector; and\n(b) retain the record referred to in paragraph (a) for such period as may be specified in the permit.",
|
| 608 |
"history": "",
|
| 609 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 610 |
"current_to": "2025-11-27",
|
| 611 |
"citation": "Plant Protection Regs, s. 36",
|
| 612 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-36.html"
|
|
@@ -624,6 +696,8 @@
|
|
| 624 |
"text": "37 Where the Minister or an inspector determines that a person to whom a permit has been issued has not complied with any condition set out in the permit or where the Minister or an inspector believes on reasonable grounds that there is an infestation in the country of origin or the country from which the thing was re-shipped, any inspector may detain or prohibit the admission into Canada of the thing in respect of which the permit was issued or may order that the thing be disposed of.",
|
| 625 |
"history": "",
|
| 626 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 627 |
"current_to": "2025-11-27",
|
| 628 |
"citation": "Plant Protection Regs, s. 37",
|
| 629 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-37.html"
|
|
@@ -641,6 +715,8 @@
|
|
| 641 |
"text": "38 No person shall import into Canada 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, unless the thing is treated or processed\n(a) at origin in a manner that eliminates any pest or biological obstacle to the control of a pest or results in any pest or biological obstacle to the control of a pest being non-viable; or\n(b) in the manner and at the place that may be specified in a permit or as required by an inspector pursuant to section 17.",
|
| 642 |
"history": "",
|
| 643 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 644 |
"current_to": "2025-11-27",
|
| 645 |
"citation": "Plant Protection Regs, s. 38",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-38.html"
|
|
@@ -658,6 +734,8 @@
|
|
| 658 |
"text": "39 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 customs officer at a place of entry set out in subsection 40(1).",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 661 |
"current_to": "2025-11-27",
|
| 662 |
"citation": "Plant Protection Regs, s. 39",
|
| 663 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-39.html"
|
|
@@ -675,6 +753,8 @@
|
|
| 675 |
"text": "40\n(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:\n(a) in Ontario,\n(i) Brampton,\n(ii) Cornwall,\n(iii) Fort Erie,\n(iv) Fort Frances,\n(v) Hamilton,\n(vi) Lansdowne,\n(vii) London,\n(viii) Niagara Falls,\n(ix) Ottawa (including Macdonald-Cartier International Airport),\n(x) Prescott,\n(xi) Rainy River,\n(xii) Sarnia,\n(xiii) Sault Ste. Marie,\n(xiv) Thunder Bay (Pigeon River),\n(xv) Toronto (Front Street, Interport Suffarence Warehouse, Midcontinent Truck Terminal, Lester B. Pearson International Airport and Suffarence Truck Terminal),\n(xvi) Welland, and\n(xvii) Windsor (Ambassador Bridge and Detroit/Windsor Tunnel);\n(b) in Quebec,\n(i) Armstrong,\n(ii) Huntingdon,\n(iii) Lacolle, route 15,\n(iv) Montreal (Place d’Youville, Dorval International Airport, Mirabel International Airport and CAN PAC International Freight Services),\n(v) Quebec City,\n(vi) Rock Island, route 55, and\n(vii) Saint-Armand-Philipsburg;\n(c) in Nova Scotia,\n(i) Halifax (Ralston Building and Halifax International Airport),\n(ii) Sydney, and\n(iii) Yarmouth;\n(d) in New Brunswick,\n(i) Bayside,\n(ii) Edmundston,\n(iii) Moncton,\n(iv) Saint John,\n(v) St. Stephen, and\n(vi) Woodstock;\n(e) in Manitoba,\n(i) Boissevain,\n(ii) Emerson,\n(iii) Gretna, and\n(iv) Winnipeg (Main Street and Winnipeg International Airport);\n(f) in British Columbia,\n(i) Huntingdon,\n(ii) Kingsgate,\n(iii) Osoyoos,\n(iv) Pacific Highway (Highway 15),\n(v) Sidney (including Victoria Airport),\n(vi) Vancouver (Customs Commercial Operations, International Marine Operations and Vancouver International Airport), and\n(vii) Victoria;\n(g) in Prince Edward Island, Charlottetown;\n(h) in Saskatchewan,\n(i) Monchy,\n(ii) North Portal,\n(iii) Regina,\n(iv) Regway, and\n(v) Saskatoon;\n(i) in Alberta,\n(i) Calgary (Calgary International Airport and Harry Hays Building),\n(ii) Coutts, and\n(iii) Edmonton (including Edmonton International Airport); and\n(j) in Newfoundland and Labrador,\n(i) Corner Brook,\n(ii) Gander (including Gander International Airport), and\n(iii) St. John’s (including St. John’s Airport).\n(2) A thing shall be presented at a place of entry set out in subsection (1) during regular working hours fixed by the Minister.\n(3) An inspector or customs officer may require in writing that any thing entering Canada be directed to another place of entry or place inside Canada, for the purpose of inspecting the thing.\n(4) Where, pursuant to subsection (3), an inspector or customs officer has required a thing to be directed to another place of entry or place inside Canada, no person shall\n(a) move the thing to any place except the place indicated; or\n(b) open any conveyance or unpack any package containing the thing, except as authorized by any inspector or customs officer.",
|
| 676 |
"history": "SOR/97-151, s. 29; SOR/97-292, s. 32; SOR/2013-70, s. 2",
|
| 677 |
"last_amended": "2013-04-18",
|
|
|
|
|
|
|
| 678 |
"current_to": "2025-11-27",
|
| 679 |
"citation": "Plant Protection Regs, s. 40",
|
| 680 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-40.html"
|
|
@@ -692,6 +772,8 @@
|
|
| 692 |
"text": "41\n(1) Where 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 enters Canada, its container or accompanying invoice shall bear such marks as will identify the person importing the thing, the foreign exporter, the thing and, if applicable, the permit number.\n(2) Any thing referred to in subsection (1) shall be packaged in a container in such a manner as to prevent the thing from becomming infested or spreading a pest or a biological obstacle to the control of a pest.\n(3) to (5) [Repealed, SOR/2003-6, s. 99]",
|
| 693 |
"history": "SOR/2003-6, s. 99",
|
| 694 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 695 |
"current_to": "2025-11-27",
|
| 696 |
"citation": "Plant Protection Regs, s. 41",
|
| 697 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-41.html"
|
|
@@ -709,6 +791,8 @@
|
|
| 709 |
"text": "42\n(1) The Minister or an inspector may prohibit a thing from entering Canada where the Minister or an inspector determines, on the basis of the type of the thing or of a known or suspected infestation at the place of propagation or production, or place from which the thing was shipped, that\n(a) the thing is a pest;\n(b) the thing is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest that cannot be treated or processed to the extent necessary to ensure that the thing is not a pest or infested or is no longer a biological obstacle to the control of a pest;\n(c) a foreign Phytosanitary Certificate cannot be obtained from the country of origin or a foreign Phytosanitary Certificate for Re-export cannot be obtained from the country of re-export of the thing; or\n(d) failure to do so would or could result in the introduction into Canada, or spread within Canada, of a pest or a biological obstacle to the control of a pest.\n(2) No person shall import into Canada a thing that the Minister or an inspector has prohibited from entering Canada in writing, or in a permit where the permit prohibits the importation of that thing.",
|
| 710 |
"history": "",
|
| 711 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 712 |
"current_to": "2025-11-27",
|
| 713 |
"citation": "Plant Protection Regs, s. 42",
|
| 714 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-42.html"
|
|
@@ -726,6 +810,8 @@
|
|
| 726 |
"text": "43\n(1) Notwithstanding sections 38 and 42, the Minister shall issue a permit to a person in respect of any thing that is a pest, infested or a biological obstacle to the control of a pest or that does not meet the requirements of the Act or any regulation or order made thereunder where the Minister determines that\n(a) the thing is imported for the purpose of being used for scientific research, educational, processing, industrial or exhibition purposes; and\n(b) the person is able and willing to comply with the conditions to be set out in the permit and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest.\n(2) A thing referred to in subsection (1) shall be packaged, transported, handled, controlled and used in a manner that ensures a pest or biological obstacle to the control of a pest is not introduced into or spread within Canada.\n(3) Where a thing referred to in subsection (1) or any remains of the thing or portion thereof is to be disposed of, the owner or person having the possession, care or control of the thing, remains or portion thereof shall dispose of it in a manner that\n(a) ensures that a pest or biological obstacle to the control of a pest will not spread; and\n(b) 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 is non-viable.\n(4) No person shall import into Canada a thing referred to in subsection (1) unless\n(a) the person has complied with sections 30 and 31, subsection 34(1) and sections 36, 39 and 40;\n(b) if required by the Minister and prior to the issuance of a permit, the person has indicated in writing that the person is able and willing to comply with all the conditions that the Minister has indicated will be set out in the permit;\n(c) the thing is admitted into Canada at a place and conveyed within Canada to the place set out in the permit;\n(d) the thing is dealt with in such a manner as may be specified in the permit;\n(e) the thing is packaged and labelled in accordance with section 41; and\n(f) the person having the possession, care or control of the thing obtains a written authorization in accordance with the Act or any regulation or order made thereunder before undertaking any activity in respect of the thing other than an activity in respect of which the permit was issued and before moving the thing from the original place of destination within Canada.",
|
| 727 |
"history": "",
|
| 728 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 729 |
"current_to": "2025-11-27",
|
| 730 |
"citation": "Plant Protection Regs, s. 43",
|
| 731 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-43.html"
|
|
@@ -743,6 +829,8 @@
|
|
| 743 |
"text": "44 The Minister or an inspector may prohibit the importation into Canada or the territorial sea of Canada, within the meaning of section 4 of the Oceans Act, of any conveyance or other thing, if the Minister or inspector has reasonable grounds to believe that the conveyance or other thing\n(a) is a pest or is infested or is suspected of being infested;\n(b) constitutes or could constitute a biological obstacle to the control of a pest; or\n(c) would, when imported into Canada, be in contravention of a provision of the Act or any regulation or order made under it.",
|
| 744 |
"history": "SOR/2002-438, s. 20; SOR/2009-326, s. 11(F); SOR/2025-47, s. 32",
|
| 745 |
"last_amended": "2025-02-26",
|
|
|
|
|
|
|
| 746 |
"current_to": "2025-11-27",
|
| 747 |
"citation": "Plant Protection Regs, s. 44",
|
| 748 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-44.html"
|
|
@@ -760,6 +848,8 @@
|
|
| 760 |
"text": "45\n(1) A Movement Certificate may contain conditions specified by the Minister or an inspector that are necessary to prevent the spread of a pest or biological obstacle to the control of a pest and may specify a period of validity.\n(2) Where a Movement Certificate is required in respect of a thing by the Act or any regulation or order made thereunder or by the Minister or an inspector pursuant to the Minister’s or inspector’s powers under the Act or any regulation or order made thereunder, no person shall move the thing unless the person\n(a) obtains a Movement Certificate; and\n(b) complies with all the conditions set out in the Movement Certificate.\n(3) No person shall move any thing in respect of which a Movement Certificate is required under subsection (2) unless all the conditions set out in the Movement Certificate respecting the thing prior to movement have been complied with.",
|
| 761 |
"history": "SOR/2009-326, s. 12",
|
| 762 |
"last_amended": "2009-12-10",
|
|
|
|
|
|
|
| 763 |
"current_to": "2025-11-27",
|
| 764 |
"citation": "Plant Protection Regs, s. 45",
|
| 765 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-45.html"
|
|
@@ -777,6 +867,8 @@
|
|
| 777 |
"text": "46\n(1) No person, other than an inspector, shall alter, deface or erase any information or statement on a Movement Certificate.\n(2) A Movement Certificate is void where\n(a) a person does not comply with any condition referred to in paragraph 45(2)(b) or does not comply with any provision of the Act or any regulation or order made thereunder; or\n(b) a person other than an inspector has altered or defaced the Movement Certificate or has erased any information on the Movement Certificate.\n(3) [Repealed, SOR/2017-94, s. 19]",
|
| 778 |
"history": "SOR/2017-94, s. 19",
|
| 779 |
"last_amended": "2017-05-19",
|
|
|
|
|
|
|
| 780 |
"current_to": "2025-11-27",
|
| 781 |
"citation": "Plant Protection Regs, s. 46",
|
| 782 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-46.html"
|
|
@@ -794,6 +886,8 @@
|
|
| 794 |
"text": "47 For the purposes of subsection 6(2) of the Act, the inspector’s authorization may be in the form of a Movement Certificate.",
|
| 795 |
"history": "SOR/2009-326, s. 13",
|
| 796 |
"last_amended": "2009-12-10",
|
|
|
|
|
|
|
| 797 |
"current_to": "2025-11-27",
|
| 798 |
"citation": "Plant Protection Regs, s. 47",
|
| 799 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-47.html"
|
|
@@ -811,6 +905,8 @@
|
|
| 811 |
"text": "48\n(1) Any thing in respect of which a Movement Certificate is issued shall bear a tag or label, or be accompanied by an invoice, that clearly identifies the thing, the origin of the thing and its final destination.\n(2) Any label, tag or invoice referred to in subsection (1) shall also state the name and complete address of the consignee and consignor.",
|
| 812 |
"history": "",
|
| 813 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 814 |
"current_to": "2025-11-27",
|
| 815 |
"citation": "Plant Protection Regs, s. 48",
|
| 816 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-48.html"
|
|
@@ -828,6 +924,8 @@
|
|
| 828 |
"text": "49 Any thing in respect of which a Movement Certificate is issued shall be packaged, contained and moved in such a manner as to prevent the thing from becoming infested or becoming a biological obstacle to the control of a pest or from spreading a pest or a biological obstacle to the control of a pest.",
|
| 829 |
"history": "",
|
| 830 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 831 |
"current_to": "2025-11-27",
|
| 832 |
"citation": "Plant Protection Regs, s. 49",
|
| 833 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-49.html"
|
|
@@ -845,6 +943,8 @@
|
|
| 845 |
"text": "50\n(1) A person must not move within Canada a thing that is a pest or that is identified in the Agency document as being a thing that could be infested with a pest or that is or could be a biological obstacle to the control of a pest if\n(a) the Agency document indicates that movement of the thing is prohibited; or\n(b) any restrictions set out in the Agency document with respect to the movement of the thing, including with respect to the thing’s place of origin and destination and the taking of mitigation measures, are not complied with.\n(2) In this section, Agency document means the document entitled Movement prohibitions and restrictions in Canada under the Plant Protection Act, published by the Agency, as amended from time to time.",
|
| 846 |
"history": "SOR/2025-236, s. 5",
|
| 847 |
"last_amended": "2025-11-21",
|
|
|
|
|
|
|
| 848 |
"current_to": "2025-11-27",
|
| 849 |
"citation": "Plant Protection Regs, s. 50",
|
| 850 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-50.html"
|
|
@@ -862,6 +962,8 @@
|
|
| 862 |
"text": "51 [Repealed, SOR/2025-236, s. 5]",
|
| 863 |
"history": "",
|
| 864 |
"last_amended": "2025-11-21",
|
|
|
|
|
|
|
| 865 |
"current_to": "2025-11-27",
|
| 866 |
"citation": "Plant Protection Regs, s. 51",
|
| 867 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-51.html"
|
|
@@ -879,6 +981,8 @@
|
|
| 879 |
"text": "52 [Repealed, SOR/2025-236, s. 5]",
|
| 880 |
"history": "",
|
| 881 |
"last_amended": "2025-11-21",
|
|
|
|
|
|
|
| 882 |
"current_to": "2025-11-27",
|
| 883 |
"citation": "Plant Protection Regs, s. 52",
|
| 884 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-52.html"
|
|
@@ -896,6 +1000,8 @@
|
|
| 896 |
"text": "53\n(1) Where, pursuant to section 11 or 12 of the Act or subsection 15(3) of the Act, the Minister, by an order, or an inspector, by a declaration, has declared a place infested, no person shall undertake any activity in respect of any thing, unless the movement of the thing within, into or out of the place is permitted pursuant to that order or declaration.\n(2) Where a person undertakes an activity referred to in subsection (1), the person shall undertake the activity in the manner determined by an inspector, on the basis of the extent of the infestation or the type of thing.",
|
| 897 |
"history": "",
|
| 898 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 899 |
"current_to": "2025-11-27",
|
| 900 |
"citation": "Plant Protection Regs, s. 53",
|
| 901 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-53.html"
|
|
@@ -913,6 +1019,8 @@
|
|
| 913 |
"text": "54\n(1) Any inspector may issue a Movement Certificate to a person for any thing that is prohibited from being moved pursuant to section 50 or that does not meet the requirements of the Act or any regulation or order made thereunder where the Minister or an inspector determines that\n(a) the thing is being moved for the purpose of being used for scientific research, educational, processing, industrial or exhibition purposes; and\n(b) the person is able and willing to comply with the conditions to be set out in the Movement Certificate and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest.\n(2) A thing referred to in subsection (1) shall be packaged, transported, handled, controlled and used in a manner that ensures that a pest or biological obstacle to the control of a pest is not spread within Canada.\n(3) Where a thing referred to in subsection (1) or any remains of the thing or portion thereof is to be disposed of, the owner or person having the possession, care or control of the thing or portion thereof shall dispose of it in a manner that\n(a) ensures that a pest or biological obstacle to the control of a pest will not spread; and\n(b) 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 is non-viable.\n(4) No person shall move within Canada a thing referred to in subsection (1) unless\n(a) the person has complied with paragraph 45(2)(b) and sections 48 and 49;\n(b) if required by the Minister or an inspector and prior to the issuance of a Movement Certificate, the person has indicated in writing that the person is able and willing to comply with all the conditions that the Minister or an inspector has indicated will be set out in the Movement Certificate;\n(c) the thing is moved within Canada to the place specified in the Movement Certificate; and\n(d) the thing is dealt with in such a manner as may be specified in the Movement Certificate.",
|
| 914 |
"history": "",
|
| 915 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 916 |
"current_to": "2025-11-27",
|
| 917 |
"citation": "Plant Protection Regs, s. 54",
|
| 918 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-54.html"
|
|
@@ -930,6 +1038,8 @@
|
|
| 930 |
"text": "54.1 An inspector or a peace officer acting on the request of an inspector may require any thing to be moved to a specified place for the purpose of complying with the requirements of the Act and all regulations and orders made under it.",
|
| 931 |
"history": "SOR/2025-236, s. 6",
|
| 932 |
"last_amended": "2025-11-21",
|
|
|
|
|
|
|
| 933 |
"current_to": "2025-11-27",
|
| 934 |
"citation": "Plant Protection Regs, s. 54.1",
|
| 935 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-54.1.html"
|
|
@@ -947,6 +1057,8 @@
|
|
| 947 |
"text": "55\n(1) In this Part,\nCanadian Phytosanitary Certificate means a document, issued by an inspector, that attests to the phytosanitary status of any thing exported from Canada and that\n(a) contains the information required by the Model Phytosanitary Certificate set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time, and\n(b) is signed by an inspector and sealed with an official Canadian Phytosanitary Certificate seal; (certificat phytosanitaire canadien)\nCanadian Phytosanitary Certificate for Re-export means a document, issued by an inspector, that indicates that a thing is considered to conform with the laws of the importing country respecting phytosanitary import requirements, and to which is attached a copy of the original Phytosanitary Certificate from the country of origin and that\n(a) contains the information required by the Model Phytosanitary Certificate for Re-export set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time, and\n(b) is signed by an inspector and sealed with an official Canadian Phytosanitary Certificate seal. (certificat phytosanitaire canadien pour réexportation)\n(2) No person shall export from Canada any thing for which a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document is required by the phytosanitary certification authorities in the country of final destination, unless the appropriate document is issued by an inspector.\n(3) An inspector may issue a Canadian Phytosanitary Certificate or Canadian Phytosanitary Certificate for Re-export or any other document required by the phytosanitary certification authorities in the country of final destination only if the inspector believes on reasonable grounds that the thing to be exported conforms with the laws of the importing country respecting phytosanitary import requirements.\n(4) No person, other than an inspector or a person authorized in writing by an inspector, shall have in the person’s possession, custody or control an official Canadian Phytosanitary Certificate seal or any facsimile thereof.\n(5) No person, other than an inspector shall alter, deface or erase any information or statement in a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder.\n(6) A Canadian Phytosanitary Certificate or Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder is void if any person other than an inspector has altered, defaced or erased any information or statement in the certificate.\n(7) No person shall substitute any other thing for any thing for which a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder is issued by an inspector.",
|
| 948 |
"history": "",
|
| 949 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 950 |
"current_to": "2025-11-27",
|
| 951 |
"citation": "Plant Protection Regs, s. 55",
|
| 952 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-55.html"
|
|
@@ -964,6 +1076,8 @@
|
|
| 964 |
"text": "56\n(1) For the purposes of preventing the spread of pests, no person shall export from Canada any thing referred to in section 7000 of the schedule to the Export Control List or any thing that is infested with a thing referred to in that section, unless prior to export the person has obtained an export permit referred to in section 7 of the Export and Import Permits Act.\n(2) Where a person has obtained an export permit referred to in subsection (1), the person is not required to obtain a Movement Certificate in respect of the thing if the thing is shipped directly out of Canada.\n(3) Any thing in respect of which an export permit referred to in subsection (1) has been issued shall be packaged, contained and moved in such a manner as to prevent the thing from spreading a pest or biological obstacle to the control of a pest.",
|
| 965 |
"history": "",
|
| 966 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 967 |
"current_to": "2025-11-27",
|
| 968 |
"citation": "Plant Protection Regs, s. 56",
|
| 969 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-56.html"
|
|
@@ -981,6 +1095,8 @@
|
|
| 981 |
"text": "57 No person shall export or re-export any thing from Canada unless it meets the laws of the importing country respecting phytosanitary import requirements.",
|
| 982 |
"history": "SOR/2009-326, s. 14(F)",
|
| 983 |
"last_amended": "2009-12-10",
|
|
|
|
|
|
|
| 984 |
"current_to": "2025-11-27",
|
| 985 |
"citation": "Plant Protection Regs, s. 57",
|
| 986 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-57.html"
|
|
@@ -998,6 +1114,8 @@
|
|
| 998 |
"text": "58\n(1) For the purposes of this section, vessel means any ship, boat or other means of transport used or designed to be used in water navigation.\n(2) No person shall load or complete the loading of grain or a grain product aboard a vessel unless\n(a) prior to the loading of the grain or grain product and, if required by an inspector for the purpose of determining if the vessel is infested or constitutes or could constitute a biological obstacle to the control of a pest, during the loading, the vessel is inspected and approved for loading, in writing, by an inspector; or\n(b) an inspector advises that an inspection and approval of the vessel is not required because the inspector has reasonable grounds to believe that the vessel is not infested or does not or could not constitute a biological obstacle to the control of a pest.\n(3) Where the Minister or an inspector believes on reasonable grounds that the vessel that is to receive the grain or grain product is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or person having the possession, care or control of the vessel\n(a) to treat or clean the vessel; and\n(b) to treat, move or dispose of any thing found on or in the vessel.",
|
| 999 |
"history": "SOR/2017-94, s. 20(F)",
|
| 1000 |
"last_amended": "2017-05-19",
|
|
|
|
|
|
|
| 1001 |
"current_to": "2025-11-27",
|
| 1002 |
"citation": "Plant Protection Regs, s. 58",
|
| 1003 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-58.html"
|
|
@@ -1015,6 +1133,8 @@
|
|
| 1015 |
"text": "59 If before, during or after the loading or unloading of grain or a grain product aboard or from a conveyance, an inspector believes on reasonable grounds that the conveyance, grain or grain product is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or the person having the possession, care or control of the conveyance\n(a) to treat or clean the conveyance, grain or grain product; and\n(b) to treat, move or dispose of any thing found on or in the conveyance, grain or grain product.",
|
| 1016 |
"history": "SOR/2017-94, ss. 21, 22(F)",
|
| 1017 |
"last_amended": "2017-05-19",
|
|
|
|
|
|
|
| 1018 |
"current_to": "2025-11-27",
|
| 1019 |
"citation": "Plant Protection Regs, s. 59",
|
| 1020 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-59.html"
|
|
@@ -1032,6 +1152,8 @@
|
|
| 1032 |
"text": "60 Where the Minister or an inspector believes on reasonable grounds that a conveyance or a facility used for any activity undertaken in respect of any thing that requires a Canadian Phytosanitary Certificate, a Canadian Phytosanitary Certificate for Re-export or any other phytosanitary document is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or person having the possession, care or control of the conveyance or facility\n(a) to treat or clean the conveyance or the facility; and\n(b) to treat, move or dispose of any thing found on or in the conveyance or in the facility.",
|
| 1033 |
"history": "SOR/2017-94, s. 23",
|
| 1034 |
"last_amended": "2017-05-19",
|
|
|
|
|
|
|
| 1035 |
"current_to": "2025-11-27",
|
| 1036 |
"citation": "Plant Protection Regs, s. 60",
|
| 1037 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-60.html"
|
|
|
|
| 12 |
"text": "1 [Repealed, SOR/2025-236, s. 2]",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2025-11-21",
|
| 15 |
+
"in_force": "2025-11-21",
|
| 16 |
+
"status": "repealed",
|
| 17 |
"current_to": "2025-11-27",
|
| 18 |
"citation": "Plant Protection Regs, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-1.html"
|
|
|
|
| 31 |
"text": "2 In these Regulations,\nAct means the Plant Protection Act; (Loi)\nactivity, in respect of a thing, means the processing, handling, packaging, labelling, distributing, sale, disposition, loading, unloading, movement, use, treatment, preservation, safeguarding or storage of the thing, and includes any activity referred to in subsection 6(1) of the Act; (activité)\nAgency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)\ninfested means that a pest is present in or on a thing or place or that the thing or place is so exposed to a pest that one can reasonably suspect that the pest is in or on the thing or place; (infesté) (parasité)\nMovement Certificate means a document, issued pursuant to the Act and signed by an inspector, that authorizes the movement of things within Canada or from Canada to a foreign destination; (certificat de circulation)\npermit means a permit to import a thing issued by the Minister pursuant to subsection 32(1) or 43(1); (permis)\npest risk assessment means a pest risk assessment conducted by the Minister in accordance with the principles of the International Standards for Phytosanitary Measures, Part I — Import Regulations, Guidelines for Pest Risk analysis, published by the Food and Agriculture Organization of the United Nations, as amended from time to time, with the definition pest in those guidelines being replaced by the definition pest in section 3 of the Act, for the purpose of\n(a) determining if a thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest,\n(b) recommending actions, as applicable,\n(i) to prevent the introduction into Canada or the spread within or from Canada of any pest or biological obstacle to the control of a pest, or\n(ii) to control a pest or to eradicate a pest or biological obstacle to the control of a pest,\n(c) determining if a thing that is a pest or biological obstacle to the control of a pest has a significant adverse effect on the environment, and\n(d) minimizing the degradation of environmental quality with respect to Canadian flora; (analyse du risque phytosanitaire)\nquarantine means the confinement of a thing for a period and includes confinement for the purposes of\n(a) observation, inspection, testing or analysis of a thing to determine if the thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, or\n(b) preventing the spread of a pest or biological obstacle to the control of a pest; (quarantaine)\nsend includes electronic transmittal and mail. (envoyer)",
|
| 32 |
"history": "SOR/97-292, s. 30; SOR/2003-6, s. 98; SOR/2009-326, s. 1(F)",
|
| 33 |
"last_amended": "2009-12-10",
|
| 34 |
+
"in_force": "2009-12-10",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2025-11-27",
|
| 37 |
"citation": "Plant Protection Regs, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-2.html"
|
|
|
|
| 50 |
"text": "3 An inspector may, as appropriate in the circumstances for the purpose of eradicating a pest or preventing its spread, take one or more of the actions that the inspector is authorized to take under the Act or any regulation or order made under the Act if\n(a) after a pest risk assessment, the Minister or an inspector believes on reasonable grounds that a thing is a pest, or a thing or place is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest; and\n(b) the Minister determines that it is necessary and cost-justifiable to take pest control measures.",
|
| 51 |
"history": "SOR/2009-326, s. 2",
|
| 52 |
"last_amended": "2009-12-10",
|
| 53 |
+
"in_force": "2009-12-10",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2025-11-27",
|
| 56 |
"citation": "Plant Protection Regs, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-3.html"
|
|
|
|
| 69 |
"text": "4 For the 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.",
|
| 70 |
"history": "",
|
| 71 |
"last_amended": "2006-03-22",
|
| 72 |
+
"in_force": "2006-03-22",
|
| 73 |
+
"status": "in force",
|
| 74 |
"current_to": "2025-11-27",
|
| 75 |
"citation": "Plant Protection Regs, s. 4",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-4.html"
|
|
|
|
| 88 |
"text": "5\n(1) For the purposes of subsection 6(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\n(a) the Minister or an inspector determines that the activity is for the purpose of scientific research, educational, processing, industrial or exhibition purposes;\n(b) the person obtains a written authorization issued by the Minister or an inspector in accordance with subsection (2);\n(c) the thing is packaged, transported, handled, controlled and used in a manner that ensures a pest or biological obstacle to the control of a pest is not spread within or from Canada;\n(d) the thing is moved in accordance with the requirements of Part III; and\n(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 the thing, remains or portion thereof disposes of it in a manner that\n(i) ensures that a pest or biological obstacle to the control of a pest will not spread, and\n(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 is non-viable.\n(2) Subject to paragraph (1)(a), the Minister or an inspector shall issue a written authorization in respect of any activity referred to in subsection 6(1) of the Act where the Minister or an inspector determines that the person is able and willing to comply with paragraphs (1)(c), (d) and (e) and with the conditions set out in the authorization and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest.\n(3) A written authorization referred to in subsection (2) may set out the conditions under which any activity referred to in subsection 6(1) of the Act may be undertaken in respect of the thing to prevent the spread within or from Canada of a pest or a biological obstacle to the control of a pest.\n(4) A person who obtains a written authorization referred to in subsection (2) shall comply with all the conditions set out in the authorization.\n(5) Subject to section 21, a person is not required to obtain a written authorization referred to in paragraph (1)(b) of these Regulations or in subsection 6(2) of the Act where the person is acting for or on behalf of Her Majesty in right of Canada and\n(a) is acting for any of the purposes set out in section 2 of the Act or in respect to the application of the Act or any regulation or order made thereunder; or\n(b) is moving a thing for the purpose of administering any other Act.",
|
| 89 |
"history": "SOR/2002-438, s. 19(F)",
|
| 90 |
"last_amended": "2006-03-22",
|
| 91 |
+
"in_force": "2006-03-22",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2025-11-27",
|
| 94 |
"citation": "Plant Protection Regs, s. 5",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-5.html"
|
|
|
|
| 107 |
"text": "6\n(1) An inspector or a peace officer acting on the request of an inspector may affix a seal to a conveyance or any other thing.\n(2) Each seal shall bear a number and the inscription “CANADA — C.F.I.A./A.C.I.A.”.\n(3) No person, other than an inspector or a person authorized in writing by an inspector, shall have a seal bearing the information referred to in subsection (2) or any facsimile thereof in the person’s possession, custody or control.",
|
| 108 |
"history": "SOR/2000-184, s. 81",
|
| 109 |
"last_amended": "2006-03-22",
|
| 110 |
+
"in_force": "2006-03-22",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2025-11-27",
|
| 113 |
"citation": "Plant Protection Regs, s. 6",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-6.html"
|
|
|
|
| 126 |
"text": "7\n(1) Except as authorized by an inspector pursuant to subsection (2), no person, other than an inspector, shall remove, break, tamper with or alter a seal.\n(2) Where it would be impracticable for an inspector to remove or break a seal, any inspector may authorize any person in writing to do so on the inspector’s behalf.\n(3) An owner or a person having the possession, care or control of a conveyance or any other thing on which a seal is affixed, shall ensure that the seal is not removed, broken, tampered with or altered except in accordance with this section.",
|
| 127 |
"history": "",
|
| 128 |
"last_amended": "2006-03-22",
|
| 129 |
+
"in_force": "2006-03-22",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2025-11-27",
|
| 132 |
"citation": "Plant Protection Regs, s. 7",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-7.html"
|
|
|
|
| 145 |
"text": "8 [Repealed, SOR/2017-94, s. 15]",
|
| 146 |
"history": "",
|
| 147 |
"last_amended": "2017-05-19",
|
| 148 |
+
"in_force": "2017-05-19",
|
| 149 |
+
"status": "repealed",
|
| 150 |
"current_to": "2025-11-27",
|
| 151 |
"citation": "Plant Protection Regs, s. 8",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-8.html"
|
|
|
|
| 164 |
"text": "9 [Repealed, SOR/2017-94, s. 15]",
|
| 165 |
"history": "",
|
| 166 |
"last_amended": "2017-05-19",
|
| 167 |
+
"in_force": "2017-05-19",
|
| 168 |
+
"status": "repealed",
|
| 169 |
"current_to": "2025-11-27",
|
| 170 |
"citation": "Plant Protection Regs, s. 9",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-9.html"
|
|
|
|
| 183 |
"text": "10\n(1) The Minister may publish a notice setting out the manner in which any document that is required to be provided to the Minister or to an inspector under the Act or under any regulation or order made under the Act is to be prepared and provided.\n(2) A document referred to in subsection (1) must be prepared and provided in the manner set out in the notice, unless the provision of the document is required by an inspector who specifies a different manner.\n(3) If a document referred to in subsection (1) that is provided to the Minister or an inspector is not the original of the document, the original must, if requested, be provided within a reasonable period.",
|
| 184 |
"history": "SOR/2007-48, s. 1; SOR/2025-236, s. 3",
|
| 185 |
"last_amended": "2025-11-21",
|
| 186 |
+
"in_force": "2025-11-21",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2025-11-27",
|
| 189 |
"citation": "Plant Protection Regs, s. 10",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-10.html"
|
|
|
|
| 202 |
"text": "11\n(1) Where the Minister or an inspector believes on reasonable grounds that a thing is a pest or that a period is required to determine if a thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require that the thing be quarantined.\n(2) Where an inspector quarantines a thing, any inspector may specify in writing the period of the quarantine and the conditions necessary for the purpose of detecting a pest or biological obstacle to the control of a pest or preventing or controlling the spread of a pest or biological obstacle to the control of a pest.",
|
| 203 |
"history": "SOR/2009-326, s. 3(F)",
|
| 204 |
"last_amended": "2009-12-10",
|
| 205 |
+
"in_force": "2009-12-10",
|
| 206 |
+
"status": "in force",
|
| 207 |
"current_to": "2025-11-27",
|
| 208 |
"citation": "Plant Protection Regs, s. 11",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-11.html"
|
|
|
|
| 221 |
"text": "12\n(1) Where a thing is quarantined,\n(a) an inspector shall send or personally deliver a notice of quarantine to the owner or person having the possession, care or control of the thing, unless it is specified in a permit that the thing is to be quarantined; and\n(b) any inspector may attach a quarantine tag to the thing or its container.\n(2) A quarantine tag, if any, shall bear the same quarantine number as the notice of quarantine or, where specified in the permit that a thing be quarantined, the quarantine tag shall bear the permit number.",
|
| 222 |
"history": "",
|
| 223 |
"last_amended": "2006-03-22",
|
| 224 |
+
"in_force": "2006-03-22",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2025-11-27",
|
| 227 |
"citation": "Plant Protection Regs, s. 12",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-12.html"
|
|
|
|
| 240 |
"text": "13\n(1) Except as authorized by an inspector pursuant to subsection (2), no person, other than an inspector, shall\n(a) alter, deface or erase any information on a notice of quarantine or a quarantine tag; or\n(b) remove a quarantine tag.\n(2) Where it would be impracticable for an inspector to remove a quarantine tag, any inspector may authorize a person in writing to do so on the inspector’s behalf.",
|
| 241 |
"history": "",
|
| 242 |
"last_amended": "2006-03-22",
|
| 243 |
+
"in_force": "2006-03-22",
|
| 244 |
+
"status": "in force",
|
| 245 |
"current_to": "2025-11-27",
|
| 246 |
"citation": "Plant Protection Regs, s. 13",
|
| 247 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-13.html"
|
|
|
|
| 259 |
"text": "14\n(1) Subject to subsection (2), where an inspector has quarantined a thing, no person shall undertake any activity in respect of the thing except in accordance with the conditions, and for the period, specified pursuant to subsection 11(2).\n(2) Any inspector may authorize an activity in respect of a thing referred to in subsection (1) where the activity is necessary in order to carry out the quarantine or would not adversely affect the quarantine.",
|
| 260 |
"history": "",
|
| 261 |
"last_amended": "2006-03-22",
|
| 262 |
+
"in_force": "2006-03-22",
|
| 263 |
+
"status": "in force",
|
| 264 |
"current_to": "2025-11-27",
|
| 265 |
"citation": "Plant Protection Regs, s. 14",
|
| 266 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-14.html"
|
|
|
|
| 278 |
"text": "15\n(1) An inspector shall release from quarantine a thing or portion of the thing where an inspector determines that\n(a) the thing or portion is not a pest, or is not or could not be infested;\n(b) the thing or portion does not or could not constitute a biological obstacle to the control of a pest;\n(c) the pest has been eradicated from the thing or portion; or\n(d) the thing or portion no longer constitutes a biological obstacle to the control of a pest.\n(2) Where an inspector releases a thing or a portion of the thing from quarantine, an inspector shall send or personally deliver a notice of release from quarantine to the owner or person having the possession, care or control of the thing.",
|
| 279 |
"history": "",
|
| 280 |
"last_amended": "2006-03-22",
|
| 281 |
+
"in_force": "2006-03-22",
|
| 282 |
+
"status": "in force",
|
| 283 |
"current_to": "2025-11-27",
|
| 284 |
"citation": "Plant Protection Regs, s. 15",
|
| 285 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-15.html"
|
|
|
|
| 297 |
"text": "16\n(1) An inspector may conduct an investigation or survey of a place or any thing in that place in order to detect pests or biological obstacles to the control of pests and to identify areas in which a pest or biological obstacle to the control of a pest is or could be found.\n(2) Where, as a result of an investigation or a survey conducted by any inspector or any other person, the Minister or an inspector has reasonable grounds to believe that a pest or biological obstacle to the control of a pest has been detected and an area in which the pest or biological obstacle is or could be found has been identified,\n(a) the Minister or any inspector may describe the area by reference to a map or plan that is publicly available, or by reference to any farm, county, district, municipality, province or any part thereof; and\n(b) the Minister shall take all necessary steps as may be practicable in the circumstances to bring any information relevant to the pest or biological obstacle and the area to the notice of persons likely to be affected by the pest or biological obstacle.",
|
| 298 |
"history": "SOR/2017-94, s. 16",
|
| 299 |
"last_amended": "2017-05-19",
|
| 300 |
+
"in_force": "2017-05-19",
|
| 301 |
+
"status": "in force",
|
| 302 |
"current_to": "2025-11-27",
|
| 303 |
"citation": "Plant Protection Regs, s. 16",
|
| 304 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-16.html"
|
|
|
|
| 316 |
"text": "17\n(1) Where the Minister or an inspector believes on reasonable grounds that a thing is a pest, or a thing or place is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may, in order to eradicate, or prevent the spread of, the pest or biological obstacle, decide that the thing or place shall be treated or processed and may determine the treatment or process and manner of treatment or processing.\n(2) Where, pursuant to subsection (1), an inspector decides that a thing or place shall be treated or processed, any inspector may\n(a) treat or process it or cause it to be treated or processed; or\n(b) require the owner or the person having the possession, care or control of the thing or place to treat or process it or cause it to be treated or processed.\n(3) A requirement made pursuant to paragraph (2)(b) shall be communicated by sending or personally delivering a notice in writing to the owner or other person, and the notice may specify the treatment or process, manner of treatment or processing or the date by which the treatment or processing shall be completed.\n(4) An owner or other person who receives a notice referred to in subsection (3) shall ensure that\n(a) the treatment or process is carried out in accordance with the notice and any other instructions issued by an inspector in respect of the treatment or process or manner of treatment or processing of the thing or place; and\n(b) the pest or biological obstacle to the control of a pest is eradicated and the spread of the pest or biological obstacle is prevented.",
|
| 317 |
"history": "",
|
| 318 |
"last_amended": "2006-03-22",
|
| 319 |
+
"in_force": "2006-03-22",
|
| 320 |
+
"status": "in force",
|
| 321 |
"current_to": "2025-11-27",
|
| 322 |
"citation": "Plant Protection Regs, s. 17",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-17.html"
|
|
|
|
| 335 |
"text": "18\n(1) Where, pursuant to section 27, 33 or 35 of the Act, a thing is detained, forfeited or confiscated or where, under these Regulations, a thing is quarantined, an inspector may require the owner or person having the possession, care or control of any thing or place in or on which the thing was contained, detained, forfeited, confiscated, or quarantined to treat or process, or cause to be treated or processed, that thing or place.\n(2) Subsections 17(3) and (4) apply, with such modifications as the circumstances require, where, pursuant to subsection (1), an inspector requires that a thing or place be treated or processed.",
|
| 336 |
"history": "",
|
| 337 |
"last_amended": "2006-03-22",
|
| 338 |
+
"in_force": "2006-03-22",
|
| 339 |
+
"status": "in force",
|
| 340 |
"current_to": "2025-11-27",
|
| 341 |
"citation": "Plant Protection Regs, s. 18",
|
| 342 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-18.html"
|
|
|
|
| 354 |
"text": "19 Where a person or thing in any place presents an obstacle to a treatment required under the Act or any regulation or order made thereunder, or may be adversely affected by that treatment, an inspector may orally or in writing require the removal of the person or thing from the place, and the person or the owner or person having the possession, care or control of the thing shall comply forthwith.",
|
| 355 |
"history": "",
|
| 356 |
"last_amended": "2006-03-22",
|
| 357 |
+
"in_force": "2006-03-22",
|
| 358 |
+
"status": "in force",
|
| 359 |
"current_to": "2025-11-27",
|
| 360 |
"citation": "Plant Protection Regs, s. 19",
|
| 361 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-19.html"
|
|
|
|
| 373 |
"text": "20\n(1) Where an inspector has reasonable grounds to believe that a place is infested, the inspector may prohibit or restrict the use of the place.\n(2) A prohibition or restriction under subsection (1) shall be communicated by sending or personally delivering a written notice to the occupier or owner of the place or, where the inspector cannot, after the exercise of due diligence, find the occupier or owner, by posting the notice at the place in question.\n(3) A prohibition or restriction under subsection (1) takes effect immediately on the communication or posting of the notice and continues during the period specified in the notice or, where no period is specified, indefinitely.",
|
| 374 |
"history": "SOR/2009-326, s. 4; SOR/2017-94, s. 17",
|
| 375 |
"last_amended": "2017-05-19",
|
| 376 |
+
"in_force": "2017-05-19",
|
| 377 |
+
"status": "in force",
|
| 378 |
"current_to": "2025-11-27",
|
| 379 |
"citation": "Plant Protection Regs, s. 20",
|
| 380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-20.html"
|
|
|
|
| 392 |
"text": "21\n(1) Where an inspector has reasonable grounds to believe that a thing is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest, the inspector may, in writing, for the purpose of detecting, eradicating or preventing the spread of the pest or biological obstacle,\n(a) prohibit or restrict any activity in respect of the thing indefinitely or during a specified period; and\n(b) specify conditions respecting the prohibition or restriction.\n(2) A prohibition or restriction referred to in subsection (1) shall be communicated by sending or personally delivering a written notice to the owner or person having the possession, care or control of the thing or, where an inspector cannot, after the exercise of due diligence, find the owner or that other person, by posting the notice on the thing.\n(3) A prohibition or restriction under subsection (1) takes effect immediately on the communication or posting of the notice and continues during the period specified in the notice or, where no period is specified, indefinitely.",
|
| 393 |
"history": "SOR/2009-326, s. 5; SOR/2017-94, s. 17",
|
| 394 |
"last_amended": "2017-05-19",
|
| 395 |
+
"in_force": "2017-05-19",
|
| 396 |
+
"status": "in force",
|
| 397 |
"current_to": "2025-11-27",
|
| 398 |
"citation": "Plant Protection Regs, s. 21",
|
| 399 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-21.html"
|
|
|
|
| 411 |
"text": "22 Where, pursuant to subsection 13(1) of the Act or paragraph 15(3)(d) of the Act, the Minister or an inspector has prohibited or restricted the movement of persons or things within, into or out of any place that has been declared infested, no person shall, except as authorized by an inspector and, in the case of an order made pursuant to paragraph 15(3)(d) of the Act, except in accordance with the prohibition or restriction set out in the order,\n(a) enter, move within or leave the place; or\n(b) move any thing.",
|
| 412 |
"history": "",
|
| 413 |
"last_amended": "2006-03-22",
|
| 414 |
+
"in_force": "2006-03-22",
|
| 415 |
+
"status": "in force",
|
| 416 |
"current_to": "2025-11-27",
|
| 417 |
"citation": "Plant Protection Regs, s. 22",
|
| 418 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-22.html"
|
|
|
|
| 430 |
"text": "23 For the purposes of section 22, an inspector or a peace officer acting on the request of an inspector may\n(a) control the movement of any person within or about to enter or leave a place that has been declared infested; or\n(b) issue a written notice directing the movement of any thing to a specified place for the purpose of complying with the Act or any regulation or order made thereunder.",
|
| 431 |
"history": "",
|
| 432 |
"last_amended": "2006-03-22",
|
| 433 |
+
"in_force": "2006-03-22",
|
| 434 |
+
"status": "in force",
|
| 435 |
"current_to": "2025-11-27",
|
| 436 |
"citation": "Plant Protection Regs, s. 23",
|
| 437 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-23.html"
|
|
|
|
| 449 |
"text": "24\n(1) Where an inspector seizes and detains any thing under section 27 of the Act,\n(a) an inspector shall send or personally deliver a notice of detention to the owner or person having the possession, care or control of the thing; and\n(b) any inspector may attach a detention tag to the thing or its container.\n(2) A detention tag, if any, shall bear the same detention number as the notice of detention.",
|
| 450 |
"history": "SOR/2009-326, s. 6(F)",
|
| 451 |
"last_amended": "2009-12-10",
|
| 452 |
+
"in_force": "2009-12-10",
|
| 453 |
+
"status": "in force",
|
| 454 |
"current_to": "2025-11-27",
|
| 455 |
"citation": "Plant Protection Regs, s. 24",
|
| 456 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-24.html"
|
|
|
|
| 468 |
"text": "25\n(1) Except as authorized by an inspector pursuant to subsection (2) or (3), no person, other than an inspector, shall\n(a) alter, deface or erase any information on a notice of detention or a detention tag;\n(b) remove a detention tag; or\n(c) undertake any activity in respect of a thing that is detained.\n(2) Where it would be impracticable for an inspector to remove a detention tag, any inspector may authorize a person in writing to do so on the inspector’s behalf.\n(3) An inspector may authorize an activity referred to in paragraph (1)(c) where the activity is necessary in order to detect, eradicate, or prevent the spread of a pest or biological obstacle to the control of a pest.",
|
| 469 |
"history": "",
|
| 470 |
"last_amended": "2006-03-22",
|
| 471 |
+
"in_force": "2006-03-22",
|
| 472 |
+
"status": "in force",
|
| 473 |
"current_to": "2025-11-27",
|
| 474 |
"citation": "Plant Protection Regs, s. 25",
|
| 475 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-25.html"
|
|
|
|
| 487 |
"text": "26\n(1) Where, in accordance with subsection 32(1) of the Act, a thing or any proceeds realized from its disposition may no longer be detained, an inspector shall release the thing or proceeds from detention and send or personally deliver a notice of release from detention to the owner or person having the possession, care or control of the thing.\n(2) [Repealed, SOR/2017-94, s. 18]",
|
| 488 |
"history": "SOR/2017-94, s. 18",
|
| 489 |
"last_amended": "2017-05-19",
|
| 490 |
+
"in_force": "2017-05-19",
|
| 491 |
+
"status": "in force",
|
| 492 |
"current_to": "2025-11-27",
|
| 493 |
"citation": "Plant Protection Regs, s. 26",
|
| 494 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-26.html"
|
|
|
|
| 506 |
"text": "27\n(1) Where the Minister or an inspector believes on reasonable grounds that a thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or person having the possession, care or control of the thing to dispose of it.\n(2) A requirement under subsection (1) shall be communicated by sending or personally delivering a notice in writing to the owner or other person, and the notice shall specify the manner of disposition and may specify the place of disposition and the date by which the disposition shall be completed.\n(3) Where, pursuant to subsection (1), an inspector requires that a thing be disposed of, any inspector may also require the owner or person having the possession, care or control of the thing to treat or cause to be treated any place or thing in or on which the thing to be disposed of was placed, contained, stored, detained or quarantined.\n(4) Subsections 17(3) and (4) apply, with such modifications as the circumstances require, where, pursuant to subsection (3), an inspector requires that a place or thing be treated.\n(5) Where, pursuant to subsection (1), an inspector requires that a thing be disposed of, no person shall undertake any other activity in respect of the thing without the approval of an inspector.",
|
| 507 |
"history": "",
|
| 508 |
"last_amended": "2006-03-22",
|
| 509 |
+
"in_force": "2006-03-22",
|
| 510 |
+
"status": "in force",
|
| 511 |
"current_to": "2025-11-27",
|
| 512 |
"citation": "Plant Protection Regs, s. 27",
|
| 513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-27.html"
|
|
|
|
| 525 |
"text": "28 In this Part,\nforeign Phytosanitary Certificate means a document, issued by the government of the country of origin of a thing, that attests to the phytosanitary status of the thing and that\n(a) contains the information required by the Model Phytosanitary Certificate set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time,\n(b) is issued within 14 days before the thing is shipped to Canada, and\n(c) is signed by an official of the country of origin who has been authorized by the government of that country to sign such certificates; (certificat phytosanitaire étranger)\nforeign Phytosanitary Certificate for Re-export means a document, issued by the government of the foreign country from which a thing is re-exported, that indicates that a thing is considered to conform with Canadian phytosanitary import requirements and that\n(a) contains the information required by the Model Phytosanitary Certificate for Re-Export set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time,\n(b) is issued within 14 days before the thing is shipped to Canada, and\n(c) is signed by an official of the country of re-export who has been authorized by the government of that country to sign such certificates. (certificat phytosanitaire étranger pour réexportation)",
|
| 526 |
"history": "",
|
| 527 |
"last_amended": "2006-03-22",
|
| 528 |
+
"in_force": "2006-03-22",
|
| 529 |
+
"status": "in force",
|
| 530 |
"current_to": "2025-11-27",
|
| 531 |
"citation": "Plant Protection Regs, s. 28",
|
| 532 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-28.html"
|
|
|
|
| 544 |
"text": "29\n(1) Subject to subsections (1.1) to (5) and the conditions set out in sections 38 to 44, no person shall import into Canada 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, unless the person has obtained and furnished to an inspector a valid permit number and, as applicable, a foreign Phytosanitary Certificate or a foreign Phytosanitary Certificate for Re-export.\n(1.1) A person may furnish to the inspector the number of the applicable certificate referred to in subsection (1) instead of the certificate itself if the number is sufficient to give the Minister electronic access to the certificate.\n(2) Subject to subsections (3) and (4), a person may import a thing referred to in subsection (1) without a permit where the Minister determines, on the basis of a pest risk assessment,\n(a) that the thing is not a pest, is not or is not suspected of being infested or does not or could not constitute a biological obstacle to the control of a pest, and that the thing originates from an area free from pests listed in the List of Pests Regulated by Canada, published by the Agency, as amended from time to time; or\n(b) where the thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, that the thing has been treated or processed in the country or place of origin or reshipment in a manner that eliminates any pest or biological obstacle or results in any pest or biological obstacle being non-viable.\n(3) Where a thing originates from an area referred to in paragraph (2)(a), a person who imports the thing without a permit shall furnish to an inspector a document that attests to the origin of the thing.\n(4) Where a permit is not required pursuant to paragraph (2)(b), the person shall, before importation, demonstrate to the Minister or an inspector that the treatment or process of the thing has\n(a) eradicated any pest or biological obstacle to the control of a pest; or\n(b) resulted in any pest or biological obstacle to the control of a pest being non-viable.\n(5) Where a person referred to in subsection (4) does not demonstrate before importation that the treatment or process has attained a result referred to in that subsection, the person shall comply with subsection (1).\n(6) Any thing referred to in subsection (2) shall be packaged, moved, handled, controlled and used in a manner that ensures that the thing does not become a pest, infested or a biological obstacle to the control of a pest.\n(7) A person may import a thing referred to in subsection (1) without a foreign Phytosanitary Certificate or foreign Phytosanitary Certificate for Re-export where the Minister determines, on the basis of a pest risk assessment, that the thing is not a pest, is not or is not suspected of being infested or does not constitute or could not constitute a biological obstacle to the control of a pest.",
|
| 545 |
"history": "SOR/97-292, s. 31; SOR/2007-48, s. 2; SOR/2009-326, s. 7(F); SOR/2025-236, s. 4",
|
| 546 |
"last_amended": "2025-11-21",
|
| 547 |
+
"in_force": "2009-12-10",
|
| 548 |
+
"status": "in force",
|
| 549 |
"current_to": "2025-11-27",
|
| 550 |
"citation": "Plant Protection Regs, s. 29",
|
| 551 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-29.html"
|
|
|
|
| 563 |
"text": "30 A person may apply for a permit if the person\n(a) is a Canadian citizen or permanent resident, as those terms are defined in subsection 2(1) of the Immigration Act;\n(b) is authorized under the laws of Canada to reside in Canada for a period of six months or more and will have the possession, care or control of the thing to be imported; or\n(c) in the case of a corporation with a place of business in Canada, is an agent or officer of the corporation who resides in Canada.",
|
| 564 |
"history": "",
|
| 565 |
"last_amended": "2006-03-22",
|
| 566 |
+
"in_force": "2006-03-22",
|
| 567 |
+
"status": "in force",
|
| 568 |
"current_to": "2025-11-27",
|
| 569 |
"citation": "Plant Protection Regs, s. 30",
|
| 570 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-30.html"
|
|
|
|
| 582 |
"text": "31\n(1) Subject to subsection (2), an application for a permit shall be in writing, signed and dated by the person applying for the permit and contain the following information:\n(a) the name, complete address and telephone number of the person;\n(b) the name, complete address and telephone number of the owner of the thing to be imported, if different from paragraph (a);\n(c) the name and complete address of the exporter;\n(d) a description and the common and scientific names of the thing;\n(e) the quantity of the thing;\n(f) the purpose for which the thing is to be admitted into Canada;\n(g) the place of entry and the location of the place of destination of the thing in Canada;\n(h) the means by which the thing will be transported;\n(i) the country and place where the thing was propagated or produced, and the country and place from which it was shipped to Canada;\n(j) the number of packages, if sent by mail or courier service; and\n(k) any other information respecting any activity undertaken in respect of the thing, or the precautions that will be taken to prevent the spreading of any pest or biological obstacle to the control of a pest while the thing is transported, as the Minister may require.\n(2) An application for a permit is not required to contain the information referred to in paragraphs (1)(c), (e), (g), (h) and (k) where the Minister has determined that the information is not necessary in order to assess the risk of a pest or biological obstacle to the control of a pest being introduced into Canada or being spread within Canada.\n(3) A person applying for a permit shall, if required by the Minister, furnish to the Minister, prior to the issuance of the permit,\n(a) samples of the thing to be imported, without charge to Her Majesty, for examination purposes; and\n(b) evidence that the person has adequate facilities for inspection and, if necessary, for quarantine of the thing.\n(4) The samples referred to in paragraph 3(a) may be kept by the Minister.\n(5) The Minister shall refuse to issue a permit if an application for the permit contains any false or misleading information.\n(6) Where a person obtains a permit on the basis of an application that contains false or misleading information, the permit is void from the date of its issuance.",
|
| 583 |
"history": "SOR/2009-326, s. 8(F)",
|
| 584 |
"last_amended": "2009-12-10",
|
| 585 |
+
"in_force": "2009-12-10",
|
| 586 |
+
"status": "in force",
|
| 587 |
"current_to": "2025-11-27",
|
| 588 |
"citation": "Plant Protection Regs, s. 31",
|
| 589 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-31.html"
|
|
|
|
| 601 |
"text": "32\n(1) Where the Minister has reasonable grounds to believe, on the basis of a pest risk assessment, that the importation of a thing will result or would likely result in the introduction into Canada, or the spread within Canada, of a thing that is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, the Minister shall issue a permit in respect of the thing if the Minister determines that every precaution necessary to prevent the introduction into Canada or the spread within Canada of any pest or biological obstacle to the control of a pest can and will be taken.\n(2) Where the Minister has reasonable grounds to believe, on the basis of a pest risk assessment, that the requirement referred to in subsection (1) is not met, the Minister shall refuse to issue a permit.",
|
| 602 |
"history": "SOR/2009-326, s. 9(F)",
|
| 603 |
"last_amended": "2009-12-10",
|
| 604 |
+
"in_force": "2009-12-10",
|
| 605 |
+
"status": "in force",
|
| 606 |
"current_to": "2025-11-27",
|
| 607 |
"citation": "Plant Protection Regs, s. 32",
|
| 608 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-32.html"
|
|
|
|
| 620 |
"text": "33 A permit shall be in a form established by the Minister, and shall set out\n(a) the conditions, if any, under which the thing to be imported may be admitted into Canada and governing the thing after it has entered Canada to prevent the introduction into Canada, or the spread within Canada, of a pest or biological obstacle to the control of a pest;\n(b) the expiration date of the permit; and\n(c) such other information as is necessary to identify the thing.",
|
| 621 |
"history": "",
|
| 622 |
"last_amended": "2006-03-22",
|
| 623 |
+
"in_force": "2006-03-22",
|
| 624 |
+
"status": "in force",
|
| 625 |
"current_to": "2025-11-27",
|
| 626 |
"citation": "Plant Protection Regs, s. 33",
|
| 627 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-33.html"
|
|
|
|
| 639 |
"text": "34\n(1) A person who imports a thing under a permit shall comply with all the conditions set out in the permit.\n(2) Where the Minister determines that it is necessary to prevent the introduction into Canada or the spread within Canada of any pest or biological obstacle to the control of a pest, the Minister shall amend a permit by adding, removing or amending a condition or any information set out in the permit.\n(3) The Minister may revoke a permit issued to a person or refuse to issue any other permit to a person where the Minister determines that the person has not complied with\n(a) any condition set out in the permit; or\n(b) any provision of the Act or any regulation or order made thereunder.\n(c) [Repealed, SOR/2009-326, s. 10]\n(4) The Minister may revoke a permit issued to a person or refuse to issue a permit to a person where the Minister has reasonable grounds to believe that\n(a) there is an infestation in the country or place of origin of a thing or the country or place from which the thing was re-shipped; or\n(b) the person has not complied with\n(i) any condition set out in the permit, or\n(ii) any provision of the Act or any regulation or order made thereunder.\n(iii) [Repealed, SOR/2009-326, s. 10]\n(5) Where a foreign exporter has shipped to Canada any thing that is a pest, infested or a biological obstacle to the control of a pest or that contravenes any provision of the Act or any regulation or order made thereunder, the Minister may revoke a permit issued to any person, or refuse to issue a permit in respect of a thing to any person, to import from that foreign exporter or from the country or place of origin or reshipment until\n(a) the thing shipped or to be shipped is no longer a pest, infested or a biological obstacle to the control of a pest;\n(b) the phytosanitary certification authorities in the country or place of origin or reshipment have identified to the Minister the cause or source of the infestation that is the subject-matter of the contravention; and\n(c) the foreign exporter or the phytosanitary certification authorities referred to in paragraph (b) have given a written undertaking to comply with the provisions of the Act and all regulations and orders made under it.",
|
| 640 |
"history": "SOR/2007-48, s. 3; SOR/2009-326, s. 10",
|
| 641 |
"last_amended": "2009-12-10",
|
| 642 |
+
"in_force": "2009-12-10",
|
| 643 |
+
"status": "in force",
|
| 644 |
"current_to": "2025-11-27",
|
| 645 |
"citation": "Plant Protection Regs, s. 34",
|
| 646 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-34.html"
|
|
|
|
| 658 |
"text": "35 Subject to section 34, a permit shall remain in force for the period specified in the permit.",
|
| 659 |
"history": "",
|
| 660 |
"last_amended": "2006-03-22",
|
| 661 |
+
"in_force": "2006-03-22",
|
| 662 |
+
"status": "in force",
|
| 663 |
"current_to": "2025-11-27",
|
| 664 |
"citation": "Plant Protection Regs, s. 35",
|
| 665 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-35.html"
|
|
|
|
| 677 |
"text": "36 The person to whom a permit has been issued shall\n(a) where required as a condition of the permit to keep a record in a form established by the Minister and containing information respecting activities undertaken in respect of the thing, furnish the record, on request, for inspection or copying by an inspector; and\n(b) retain the record referred to in paragraph (a) for such period as may be specified in the permit.",
|
| 678 |
"history": "",
|
| 679 |
"last_amended": "2006-03-22",
|
| 680 |
+
"in_force": "2006-03-22",
|
| 681 |
+
"status": "in force",
|
| 682 |
"current_to": "2025-11-27",
|
| 683 |
"citation": "Plant Protection Regs, s. 36",
|
| 684 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-36.html"
|
|
|
|
| 696 |
"text": "37 Where the Minister or an inspector determines that a person to whom a permit has been issued has not complied with any condition set out in the permit or where the Minister or an inspector believes on reasonable grounds that there is an infestation in the country of origin or the country from which the thing was re-shipped, any inspector may detain or prohibit the admission into Canada of the thing in respect of which the permit was issued or may order that the thing be disposed of.",
|
| 697 |
"history": "",
|
| 698 |
"last_amended": "2006-03-22",
|
| 699 |
+
"in_force": "2006-03-22",
|
| 700 |
+
"status": "in force",
|
| 701 |
"current_to": "2025-11-27",
|
| 702 |
"citation": "Plant Protection Regs, s. 37",
|
| 703 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-37.html"
|
|
|
|
| 715 |
"text": "38 No person shall import into Canada 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, unless the thing is treated or processed\n(a) at origin in a manner that eliminates any pest or biological obstacle to the control of a pest or results in any pest or biological obstacle to the control of a pest being non-viable; or\n(b) in the manner and at the place that may be specified in a permit or as required by an inspector pursuant to section 17.",
|
| 716 |
"history": "",
|
| 717 |
"last_amended": "2006-03-22",
|
| 718 |
+
"in_force": "2006-03-22",
|
| 719 |
+
"status": "in force",
|
| 720 |
"current_to": "2025-11-27",
|
| 721 |
"citation": "Plant Protection Regs, s. 38",
|
| 722 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-38.html"
|
|
|
|
| 734 |
"text": "39 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 customs officer at a place of entry set out in subsection 40(1).",
|
| 735 |
"history": "",
|
| 736 |
"last_amended": "2006-03-22",
|
| 737 |
+
"in_force": "2006-03-22",
|
| 738 |
+
"status": "in force",
|
| 739 |
"current_to": "2025-11-27",
|
| 740 |
"citation": "Plant Protection Regs, s. 39",
|
| 741 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-39.html"
|
|
|
|
| 753 |
"text": "40\n(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:\n(a) in Ontario,\n(i) Brampton,\n(ii) Cornwall,\n(iii) Fort Erie,\n(iv) Fort Frances,\n(v) Hamilton,\n(vi) Lansdowne,\n(vii) London,\n(viii) Niagara Falls,\n(ix) Ottawa (including Macdonald-Cartier International Airport),\n(x) Prescott,\n(xi) Rainy River,\n(xii) Sarnia,\n(xiii) Sault Ste. Marie,\n(xiv) Thunder Bay (Pigeon River),\n(xv) Toronto (Front Street, Interport Suffarence Warehouse, Midcontinent Truck Terminal, Lester B. Pearson International Airport and Suffarence Truck Terminal),\n(xvi) Welland, and\n(xvii) Windsor (Ambassador Bridge and Detroit/Windsor Tunnel);\n(b) in Quebec,\n(i) Armstrong,\n(ii) Huntingdon,\n(iii) Lacolle, route 15,\n(iv) Montreal (Place d’Youville, Dorval International Airport, Mirabel International Airport and CAN PAC International Freight Services),\n(v) Quebec City,\n(vi) Rock Island, route 55, and\n(vii) Saint-Armand-Philipsburg;\n(c) in Nova Scotia,\n(i) Halifax (Ralston Building and Halifax International Airport),\n(ii) Sydney, and\n(iii) Yarmouth;\n(d) in New Brunswick,\n(i) Bayside,\n(ii) Edmundston,\n(iii) Moncton,\n(iv) Saint John,\n(v) St. Stephen, and\n(vi) Woodstock;\n(e) in Manitoba,\n(i) Boissevain,\n(ii) Emerson,\n(iii) Gretna, and\n(iv) Winnipeg (Main Street and Winnipeg International Airport);\n(f) in British Columbia,\n(i) Huntingdon,\n(ii) Kingsgate,\n(iii) Osoyoos,\n(iv) Pacific Highway (Highway 15),\n(v) Sidney (including Victoria Airport),\n(vi) Vancouver (Customs Commercial Operations, International Marine Operations and Vancouver International Airport), and\n(vii) Victoria;\n(g) in Prince Edward Island, Charlottetown;\n(h) in Saskatchewan,\n(i) Monchy,\n(ii) North Portal,\n(iii) Regina,\n(iv) Regway, and\n(v) Saskatoon;\n(i) in Alberta,\n(i) Calgary (Calgary International Airport and Harry Hays Building),\n(ii) Coutts, and\n(iii) Edmonton (including Edmonton International Airport); and\n(j) in Newfoundland and Labrador,\n(i) Corner Brook,\n(ii) Gander (including Gander International Airport), and\n(iii) St. John’s (including St. John’s Airport).\n(2) A thing shall be presented at a place of entry set out in subsection (1) during regular working hours fixed by the Minister.\n(3) An inspector or customs officer may require in writing that any thing entering Canada be directed to another place of entry or place inside Canada, for the purpose of inspecting the thing.\n(4) Where, pursuant to subsection (3), an inspector or customs officer has required a thing to be directed to another place of entry or place inside Canada, no person shall\n(a) move the thing to any place except the place indicated; or\n(b) open any conveyance or unpack any package containing the thing, except as authorized by any inspector or customs officer.",
|
| 754 |
"history": "SOR/97-151, s. 29; SOR/97-292, s. 32; SOR/2013-70, s. 2",
|
| 755 |
"last_amended": "2013-04-18",
|
| 756 |
+
"in_force": "2013-04-18",
|
| 757 |
+
"status": "in force",
|
| 758 |
"current_to": "2025-11-27",
|
| 759 |
"citation": "Plant Protection Regs, s. 40",
|
| 760 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-40.html"
|
|
|
|
| 772 |
"text": "41\n(1) Where 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 enters Canada, its container or accompanying invoice shall bear such marks as will identify the person importing the thing, the foreign exporter, the thing and, if applicable, the permit number.\n(2) Any thing referred to in subsection (1) shall be packaged in a container in such a manner as to prevent the thing from becomming infested or spreading a pest or a biological obstacle to the control of a pest.\n(3) to (5) [Repealed, SOR/2003-6, s. 99]",
|
| 773 |
"history": "SOR/2003-6, s. 99",
|
| 774 |
"last_amended": "2006-03-22",
|
| 775 |
+
"in_force": "2006-03-22",
|
| 776 |
+
"status": "in force",
|
| 777 |
"current_to": "2025-11-27",
|
| 778 |
"citation": "Plant Protection Regs, s. 41",
|
| 779 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-41.html"
|
|
|
|
| 791 |
"text": "42\n(1) The Minister or an inspector may prohibit a thing from entering Canada where the Minister or an inspector determines, on the basis of the type of the thing or of a known or suspected infestation at the place of propagation or production, or place from which the thing was shipped, that\n(a) the thing is a pest;\n(b) the thing is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest that cannot be treated or processed to the extent necessary to ensure that the thing is not a pest or infested or is no longer a biological obstacle to the control of a pest;\n(c) a foreign Phytosanitary Certificate cannot be obtained from the country of origin or a foreign Phytosanitary Certificate for Re-export cannot be obtained from the country of re-export of the thing; or\n(d) failure to do so would or could result in the introduction into Canada, or spread within Canada, of a pest or a biological obstacle to the control of a pest.\n(2) No person shall import into Canada a thing that the Minister or an inspector has prohibited from entering Canada in writing, or in a permit where the permit prohibits the importation of that thing.",
|
| 792 |
"history": "",
|
| 793 |
"last_amended": "2006-03-22",
|
| 794 |
+
"in_force": "2006-03-22",
|
| 795 |
+
"status": "in force",
|
| 796 |
"current_to": "2025-11-27",
|
| 797 |
"citation": "Plant Protection Regs, s. 42",
|
| 798 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-42.html"
|
|
|
|
| 810 |
"text": "43\n(1) Notwithstanding sections 38 and 42, the Minister shall issue a permit to a person in respect of any thing that is a pest, infested or a biological obstacle to the control of a pest or that does not meet the requirements of the Act or any regulation or order made thereunder where the Minister determines that\n(a) the thing is imported for the purpose of being used for scientific research, educational, processing, industrial or exhibition purposes; and\n(b) the person is able and willing to comply with the conditions to be set out in the permit and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest.\n(2) A thing referred to in subsection (1) shall be packaged, transported, handled, controlled and used in a manner that ensures a pest or biological obstacle to the control of a pest is not introduced into or spread within Canada.\n(3) Where a thing referred to in subsection (1) or any remains of the thing or portion thereof is to be disposed of, the owner or person having the possession, care or control of the thing, remains or portion thereof shall dispose of it in a manner that\n(a) ensures that a pest or biological obstacle to the control of a pest will not spread; and\n(b) 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 is non-viable.\n(4) No person shall import into Canada a thing referred to in subsection (1) unless\n(a) the person has complied with sections 30 and 31, subsection 34(1) and sections 36, 39 and 40;\n(b) if required by the Minister and prior to the issuance of a permit, the person has indicated in writing that the person is able and willing to comply with all the conditions that the Minister has indicated will be set out in the permit;\n(c) the thing is admitted into Canada at a place and conveyed within Canada to the place set out in the permit;\n(d) the thing is dealt with in such a manner as may be specified in the permit;\n(e) the thing is packaged and labelled in accordance with section 41; and\n(f) the person having the possession, care or control of the thing obtains a written authorization in accordance with the Act or any regulation or order made thereunder before undertaking any activity in respect of the thing other than an activity in respect of which the permit was issued and before moving the thing from the original place of destination within Canada.",
|
| 811 |
"history": "",
|
| 812 |
"last_amended": "2006-03-22",
|
| 813 |
+
"in_force": "2006-03-22",
|
| 814 |
+
"status": "in force",
|
| 815 |
"current_to": "2025-11-27",
|
| 816 |
"citation": "Plant Protection Regs, s. 43",
|
| 817 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-43.html"
|
|
|
|
| 829 |
"text": "44 The Minister or an inspector may prohibit the importation into Canada or the territorial sea of Canada, within the meaning of section 4 of the Oceans Act, of any conveyance or other thing, if the Minister or inspector has reasonable grounds to believe that the conveyance or other thing\n(a) is a pest or is infested or is suspected of being infested;\n(b) constitutes or could constitute a biological obstacle to the control of a pest; or\n(c) would, when imported into Canada, be in contravention of a provision of the Act or any regulation or order made under it.",
|
| 830 |
"history": "SOR/2002-438, s. 20; SOR/2009-326, s. 11(F); SOR/2025-47, s. 32",
|
| 831 |
"last_amended": "2025-02-26",
|
| 832 |
+
"in_force": "2009-12-10",
|
| 833 |
+
"status": "in force",
|
| 834 |
"current_to": "2025-11-27",
|
| 835 |
"citation": "Plant Protection Regs, s. 44",
|
| 836 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-44.html"
|
|
|
|
| 848 |
"text": "45\n(1) A Movement Certificate may contain conditions specified by the Minister or an inspector that are necessary to prevent the spread of a pest or biological obstacle to the control of a pest and may specify a period of validity.\n(2) Where a Movement Certificate is required in respect of a thing by the Act or any regulation or order made thereunder or by the Minister or an inspector pursuant to the Minister’s or inspector’s powers under the Act or any regulation or order made thereunder, no person shall move the thing unless the person\n(a) obtains a Movement Certificate; and\n(b) complies with all the conditions set out in the Movement Certificate.\n(3) No person shall move any thing in respect of which a Movement Certificate is required under subsection (2) unless all the conditions set out in the Movement Certificate respecting the thing prior to movement have been complied with.",
|
| 849 |
"history": "SOR/2009-326, s. 12",
|
| 850 |
"last_amended": "2009-12-10",
|
| 851 |
+
"in_force": "2009-12-10",
|
| 852 |
+
"status": "in force",
|
| 853 |
"current_to": "2025-11-27",
|
| 854 |
"citation": "Plant Protection Regs, s. 45",
|
| 855 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-45.html"
|
|
|
|
| 867 |
"text": "46\n(1) No person, other than an inspector, shall alter, deface or erase any information or statement on a Movement Certificate.\n(2) A Movement Certificate is void where\n(a) a person does not comply with any condition referred to in paragraph 45(2)(b) or does not comply with any provision of the Act or any regulation or order made thereunder; or\n(b) a person other than an inspector has altered or defaced the Movement Certificate or has erased any information on the Movement Certificate.\n(3) [Repealed, SOR/2017-94, s. 19]",
|
| 868 |
"history": "SOR/2017-94, s. 19",
|
| 869 |
"last_amended": "2017-05-19",
|
| 870 |
+
"in_force": "2017-05-19",
|
| 871 |
+
"status": "in force",
|
| 872 |
"current_to": "2025-11-27",
|
| 873 |
"citation": "Plant Protection Regs, s. 46",
|
| 874 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-46.html"
|
|
|
|
| 886 |
"text": "47 For the purposes of subsection 6(2) of the Act, the inspector’s authorization may be in the form of a Movement Certificate.",
|
| 887 |
"history": "SOR/2009-326, s. 13",
|
| 888 |
"last_amended": "2009-12-10",
|
| 889 |
+
"in_force": "2009-12-10",
|
| 890 |
+
"status": "in force",
|
| 891 |
"current_to": "2025-11-27",
|
| 892 |
"citation": "Plant Protection Regs, s. 47",
|
| 893 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-47.html"
|
|
|
|
| 905 |
"text": "48\n(1) Any thing in respect of which a Movement Certificate is issued shall bear a tag or label, or be accompanied by an invoice, that clearly identifies the thing, the origin of the thing and its final destination.\n(2) Any label, tag or invoice referred to in subsection (1) shall also state the name and complete address of the consignee and consignor.",
|
| 906 |
"history": "",
|
| 907 |
"last_amended": "2006-03-22",
|
| 908 |
+
"in_force": "2006-03-22",
|
| 909 |
+
"status": "in force",
|
| 910 |
"current_to": "2025-11-27",
|
| 911 |
"citation": "Plant Protection Regs, s. 48",
|
| 912 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-48.html"
|
|
|
|
| 924 |
"text": "49 Any thing in respect of which a Movement Certificate is issued shall be packaged, contained and moved in such a manner as to prevent the thing from becoming infested or becoming a biological obstacle to the control of a pest or from spreading a pest or a biological obstacle to the control of a pest.",
|
| 925 |
"history": "",
|
| 926 |
"last_amended": "2006-03-22",
|
| 927 |
+
"in_force": "2006-03-22",
|
| 928 |
+
"status": "in force",
|
| 929 |
"current_to": "2025-11-27",
|
| 930 |
"citation": "Plant Protection Regs, s. 49",
|
| 931 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-49.html"
|
|
|
|
| 943 |
"text": "50\n(1) A person must not move within Canada a thing that is a pest or that is identified in the Agency document as being a thing that could be infested with a pest or that is or could be a biological obstacle to the control of a pest if\n(a) the Agency document indicates that movement of the thing is prohibited; or\n(b) any restrictions set out in the Agency document with respect to the movement of the thing, including with respect to the thing’s place of origin and destination and the taking of mitigation measures, are not complied with.\n(2) In this section, Agency document means the document entitled Movement prohibitions and restrictions in Canada under the Plant Protection Act, published by the Agency, as amended from time to time.",
|
| 944 |
"history": "SOR/2025-236, s. 5",
|
| 945 |
"last_amended": "2025-11-21",
|
| 946 |
+
"in_force": "2025-11-21",
|
| 947 |
+
"status": "in force",
|
| 948 |
"current_to": "2025-11-27",
|
| 949 |
"citation": "Plant Protection Regs, s. 50",
|
| 950 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-50.html"
|
|
|
|
| 962 |
"text": "51 [Repealed, SOR/2025-236, s. 5]",
|
| 963 |
"history": "",
|
| 964 |
"last_amended": "2025-11-21",
|
| 965 |
+
"in_force": "2025-11-21",
|
| 966 |
+
"status": "repealed",
|
| 967 |
"current_to": "2025-11-27",
|
| 968 |
"citation": "Plant Protection Regs, s. 51",
|
| 969 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-51.html"
|
|
|
|
| 981 |
"text": "52 [Repealed, SOR/2025-236, s. 5]",
|
| 982 |
"history": "",
|
| 983 |
"last_amended": "2025-11-21",
|
| 984 |
+
"in_force": "2025-11-21",
|
| 985 |
+
"status": "repealed",
|
| 986 |
"current_to": "2025-11-27",
|
| 987 |
"citation": "Plant Protection Regs, s. 52",
|
| 988 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-52.html"
|
|
|
|
| 1000 |
"text": "53\n(1) Where, pursuant to section 11 or 12 of the Act or subsection 15(3) of the Act, the Minister, by an order, or an inspector, by a declaration, has declared a place infested, no person shall undertake any activity in respect of any thing, unless the movement of the thing within, into or out of the place is permitted pursuant to that order or declaration.\n(2) Where a person undertakes an activity referred to in subsection (1), the person shall undertake the activity in the manner determined by an inspector, on the basis of the extent of the infestation or the type of thing.",
|
| 1001 |
"history": "",
|
| 1002 |
"last_amended": "2006-03-22",
|
| 1003 |
+
"in_force": "2006-03-22",
|
| 1004 |
+
"status": "in force",
|
| 1005 |
"current_to": "2025-11-27",
|
| 1006 |
"citation": "Plant Protection Regs, s. 53",
|
| 1007 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-53.html"
|
|
|
|
| 1019 |
"text": "54\n(1) Any inspector may issue a Movement Certificate to a person for any thing that is prohibited from being moved pursuant to section 50 or that does not meet the requirements of the Act or any regulation or order made thereunder where the Minister or an inspector determines that\n(a) the thing is being moved for the purpose of being used for scientific research, educational, processing, industrial or exhibition purposes; and\n(b) the person is able and willing to comply with the conditions to be set out in the Movement Certificate and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest.\n(2) A thing referred to in subsection (1) shall be packaged, transported, handled, controlled and used in a manner that ensures that a pest or biological obstacle to the control of a pest is not spread within Canada.\n(3) Where a thing referred to in subsection (1) or any remains of the thing or portion thereof is to be disposed of, the owner or person having the possession, care or control of the thing or portion thereof shall dispose of it in a manner that\n(a) ensures that a pest or biological obstacle to the control of a pest will not spread; and\n(b) 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 is non-viable.\n(4) No person shall move within Canada a thing referred to in subsection (1) unless\n(a) the person has complied with paragraph 45(2)(b) and sections 48 and 49;\n(b) if required by the Minister or an inspector and prior to the issuance of a Movement Certificate, the person has indicated in writing that the person is able and willing to comply with all the conditions that the Minister or an inspector has indicated will be set out in the Movement Certificate;\n(c) the thing is moved within Canada to the place specified in the Movement Certificate; and\n(d) the thing is dealt with in such a manner as may be specified in the Movement Certificate.",
|
| 1020 |
"history": "",
|
| 1021 |
"last_amended": "2006-03-22",
|
| 1022 |
+
"in_force": "2006-03-22",
|
| 1023 |
+
"status": "in force",
|
| 1024 |
"current_to": "2025-11-27",
|
| 1025 |
"citation": "Plant Protection Regs, s. 54",
|
| 1026 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-54.html"
|
|
|
|
| 1038 |
"text": "54.1 An inspector or a peace officer acting on the request of an inspector may require any thing to be moved to a specified place for the purpose of complying with the requirements of the Act and all regulations and orders made under it.",
|
| 1039 |
"history": "SOR/2025-236, s. 6",
|
| 1040 |
"last_amended": "2025-11-21",
|
| 1041 |
+
"in_force": "2025-11-21",
|
| 1042 |
+
"status": "in force",
|
| 1043 |
"current_to": "2025-11-27",
|
| 1044 |
"citation": "Plant Protection Regs, s. 54.1",
|
| 1045 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-54.1.html"
|
|
|
|
| 1057 |
"text": "55\n(1) In this Part,\nCanadian Phytosanitary Certificate means a document, issued by an inspector, that attests to the phytosanitary status of any thing exported from Canada and that\n(a) contains the information required by the Model Phytosanitary Certificate set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time, and\n(b) is signed by an inspector and sealed with an official Canadian Phytosanitary Certificate seal; (certificat phytosanitaire canadien)\nCanadian Phytosanitary Certificate for Re-export means a document, issued by an inspector, that indicates that a thing is considered to conform with the laws of the importing country respecting phytosanitary import requirements, and to which is attached a copy of the original Phytosanitary Certificate from the country of origin and that\n(a) contains the information required by the Model Phytosanitary Certificate for Re-export set out in the Annex to the International Plant Protection Convention approved by the Food and Agriculture Organization of the United Nations Conference at its Twentieth Session in November 1979, as amended from time to time, and\n(b) is signed by an inspector and sealed with an official Canadian Phytosanitary Certificate seal. (certificat phytosanitaire canadien pour réexportation)\n(2) No person shall export from Canada any thing for which a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document is required by the phytosanitary certification authorities in the country of final destination, unless the appropriate document is issued by an inspector.\n(3) An inspector may issue a Canadian Phytosanitary Certificate or Canadian Phytosanitary Certificate for Re-export or any other document required by the phytosanitary certification authorities in the country of final destination only if the inspector believes on reasonable grounds that the thing to be exported conforms with the laws of the importing country respecting phytosanitary import requirements.\n(4) No person, other than an inspector or a person authorized in writing by an inspector, shall have in the person’s possession, custody or control an official Canadian Phytosanitary Certificate seal or any facsimile thereof.\n(5) No person, other than an inspector shall alter, deface or erase any information or statement in a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder.\n(6) A Canadian Phytosanitary Certificate or Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder is void if any person other than an inspector has altered, defaced or erased any information or statement in the certificate.\n(7) No person shall substitute any other thing for any thing for which a Canadian Phytosanitary Certificate, Canadian Phytosanitary Certificate for Re-export or any other document issued for the purposes of the Act or any regulation or order made thereunder is issued by an inspector.",
|
| 1058 |
"history": "",
|
| 1059 |
"last_amended": "2006-03-22",
|
| 1060 |
+
"in_force": "2006-03-22",
|
| 1061 |
+
"status": "in force",
|
| 1062 |
"current_to": "2025-11-27",
|
| 1063 |
"citation": "Plant Protection Regs, s. 55",
|
| 1064 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-55.html"
|
|
|
|
| 1076 |
"text": "56\n(1) For the purposes of preventing the spread of pests, no person shall export from Canada any thing referred to in section 7000 of the schedule to the Export Control List or any thing that is infested with a thing referred to in that section, unless prior to export the person has obtained an export permit referred to in section 7 of the Export and Import Permits Act.\n(2) Where a person has obtained an export permit referred to in subsection (1), the person is not required to obtain a Movement Certificate in respect of the thing if the thing is shipped directly out of Canada.\n(3) Any thing in respect of which an export permit referred to in subsection (1) has been issued shall be packaged, contained and moved in such a manner as to prevent the thing from spreading a pest or biological obstacle to the control of a pest.",
|
| 1077 |
"history": "",
|
| 1078 |
"last_amended": "2006-03-22",
|
| 1079 |
+
"in_force": "2006-03-22",
|
| 1080 |
+
"status": "in force",
|
| 1081 |
"current_to": "2025-11-27",
|
| 1082 |
"citation": "Plant Protection Regs, s. 56",
|
| 1083 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-56.html"
|
|
|
|
| 1095 |
"text": "57 No person shall export or re-export any thing from Canada unless it meets the laws of the importing country respecting phytosanitary import requirements.",
|
| 1096 |
"history": "SOR/2009-326, s. 14(F)",
|
| 1097 |
"last_amended": "2009-12-10",
|
| 1098 |
+
"in_force": "2009-12-10",
|
| 1099 |
+
"status": "in force",
|
| 1100 |
"current_to": "2025-11-27",
|
| 1101 |
"citation": "Plant Protection Regs, s. 57",
|
| 1102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-57.html"
|
|
|
|
| 1114 |
"text": "58\n(1) For the purposes of this section, vessel means any ship, boat or other means of transport used or designed to be used in water navigation.\n(2) No person shall load or complete the loading of grain or a grain product aboard a vessel unless\n(a) prior to the loading of the grain or grain product and, if required by an inspector for the purpose of determining if the vessel is infested or constitutes or could constitute a biological obstacle to the control of a pest, during the loading, the vessel is inspected and approved for loading, in writing, by an inspector; or\n(b) an inspector advises that an inspection and approval of the vessel is not required because the inspector has reasonable grounds to believe that the vessel is not infested or does not or could not constitute a biological obstacle to the control of a pest.\n(3) Where the Minister or an inspector believes on reasonable grounds that the vessel that is to receive the grain or grain product is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or person having the possession, care or control of the vessel\n(a) to treat or clean the vessel; and\n(b) to treat, move or dispose of any thing found on or in the vessel.",
|
| 1115 |
"history": "SOR/2017-94, s. 20(F)",
|
| 1116 |
"last_amended": "2017-05-19",
|
| 1117 |
+
"in_force": "2017-05-19",
|
| 1118 |
+
"status": "in force",
|
| 1119 |
"current_to": "2025-11-27",
|
| 1120 |
"citation": "Plant Protection Regs, s. 58",
|
| 1121 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-58.html"
|
|
|
|
| 1133 |
"text": "59 If before, during or after the loading or unloading of grain or a grain product aboard or from a conveyance, an inspector believes on reasonable grounds that the conveyance, grain or grain product is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or the person having the possession, care or control of the conveyance\n(a) to treat or clean the conveyance, grain or grain product; and\n(b) to treat, move or dispose of any thing found on or in the conveyance, grain or grain product.",
|
| 1134 |
"history": "SOR/2017-94, ss. 21, 22(F)",
|
| 1135 |
"last_amended": "2017-05-19",
|
| 1136 |
+
"in_force": "2017-05-19",
|
| 1137 |
+
"status": "in force",
|
| 1138 |
"current_to": "2025-11-27",
|
| 1139 |
"citation": "Plant Protection Regs, s. 59",
|
| 1140 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-59.html"
|
|
|
|
| 1152 |
"text": "60 Where the Minister or an inspector believes on reasonable grounds that a conveyance or a facility used for any activity undertaken in respect of any thing that requires a Canadian Phytosanitary Certificate, a Canadian Phytosanitary Certificate for Re-export or any other phytosanitary document is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, any inspector may require the owner or person having the possession, care or control of the conveyance or facility\n(a) to treat or clean the conveyance or the facility; and\n(b) to treat, move or dispose of any thing found on or in the conveyance or in the facility.",
|
| 1153 |
"history": "SOR/2017-94, s. 23",
|
| 1154 |
"last_amended": "2017-05-19",
|
| 1155 |
+
"in_force": "2017-05-19",
|
| 1156 |
+
"status": "in force",
|
| 1157 |
"current_to": "2025-11-27",
|
| 1158 |
"citation": "Plant Protection Regs, s. 60",
|
| 1159 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-95-212/section-60.html"
|
|
@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1 The substances set out in Schedule I are exempt from the application of the Controlled Drugs and Substances Act.",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 15 |
"current_to": "2025-12-02",
|
| 16 |
"citation": "Precursor & Substance Exemption Regs, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-229/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2 and 3 [Repealed, SOR/97-514, s. 2]",
|
| 30 |
"history": "",
|
| 31 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 32 |
"current_to": "2025-12-02",
|
| 33 |
"citation": "Precursor & Substance Exemption Regs, s. 2 and 3",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-229/section-2 and 3.html"
|
|
@@ -46,6 +50,8 @@
|
|
| 46 |
"text": "*4 These Regulations come into force on the day which the Controlled Drugs and Substances Act, chapter 19 of the Statutes of Canada, 1996, comes into force.\n* [Note: Regulations in force May 14, 1997, see SI/97-47.]",
|
| 47 |
"history": "",
|
| 48 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 49 |
"current_to": "2025-12-02",
|
| 50 |
"citation": "Precursor & Substance Exemption Regs, s. *4",
|
| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-229/section-*4.html"
|
|
|
|
| 12 |
"text": "1 The substances set out in Schedule I are exempt from the application of the Controlled Drugs and Substances Act.",
|
| 13 |
"history": "",
|
| 14 |
"last_amended": "2006-03-22",
|
| 15 |
+
"in_force": "2006-03-22",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2025-12-02",
|
| 18 |
"citation": "Precursor & Substance Exemption Regs, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-229/section-1.html"
|
|
|
|
| 31 |
"text": "2 and 3 [Repealed, SOR/97-514, s. 2]",
|
| 32 |
"history": "",
|
| 33 |
"last_amended": "2006-03-22",
|
| 34 |
+
"in_force": "2006-03-22",
|
| 35 |
+
"status": "repealed",
|
| 36 |
"current_to": "2025-12-02",
|
| 37 |
"citation": "Precursor & Substance Exemption Regs, s. 2 and 3",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-229/section-2 and 3.html"
|
|
|
|
| 50 |
"text": "*4 These Regulations come into force on the day which the Controlled Drugs and Substances Act, chapter 19 of the Statutes of Canada, 1996, comes into force.\n* [Note: Regulations in force May 14, 1997, see SI/97-47.]",
|
| 51 |
"history": "",
|
| 52 |
"last_amended": "2006-03-22",
|
| 53 |
+
"in_force": "2006-03-22",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2025-12-02",
|
| 56 |
"citation": "Precursor & Substance Exemption Regs, s. *4",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-229/section-*4.html"
|
|
@@ -12,6 +12,8 @@
|
|
| 12 |
"text": "1 The definitions in this section apply in these Regulations.\nAct means the Controlled Drugs and Substances Act. (Loi)\nappropriate police officer means\n(a) in the case of the RCMP, the Assistant Commissioner of the RCMP in charge of drug enforcement; and\n(b) in the case of any other police force, the member of the police force who is the most senior officer responsible for operations. (agent de police compétent)\nchief means, in respect of a police force other than the RCMP, the senior police officer in charge of the police force. (chef)\nparticular investigation means a primary investigation conducted under the Act or any other Act of Parliament and includes any investigation that arises from the primary investigation. (enquête particulière). (enquête particulière)\npolice force means a police force that is designated pursuant to section 2. (corps policier)\nproceeding means a preliminary inquiry, trial or other proceeding under the Act or any other Act of Parliament. (procédure)\nprovincial minister means the provincial minister responsible for policing in a province. (ministre provincial)\nRCMP means the Royal Canadian Mounted Police. (GRC)",
|
| 13 |
"history": "SOR/2005-72, ss. 1, 16(F)",
|
| 14 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 15 |
"current_to": "2026-03-31",
|
| 16 |
"citation": "CDSA Police Enforcement Regs, s. 1",
|
| 17 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-1.html"
|
|
@@ -29,6 +31,8 @@
|
|
| 29 |
"text": "2 The Minister of Public Safety and Emergency Preparedness and every provincial minister are authorized to designate any police force within the jurisdiction of that Minister or the provincial minister for the purposes of these Regulations or any of its provisions.",
|
| 30 |
"history": "SOR/2022-174, s. 1",
|
| 31 |
"last_amended": "2022-07-15",
|
|
|
|
|
|
|
| 32 |
"current_to": "2026-03-31",
|
| 33 |
"citation": "CDSA Police Enforcement Regs, s. 2",
|
| 34 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-2.html"
|
|
@@ -46,6 +50,8 @@
|
|
| 46 |
"text": "3 A member of a police force is exempt from the application of any of sections 5 to 7.1 of the Act if the member engages or attempts to engage in conduct referred to in any of those sections that involves a substance other than a substance referred to in any of subsections 8(1), 11(1) and 13(1) of these Regulations, of which the member has come into possession during a particular investigation, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of the particular investigation.",
|
| 47 |
"history": "SOR/2005-72, s. 17(F); SOR/2022-174, s. 3",
|
| 48 |
"last_amended": "2022-07-15",
|
|
|
|
|
|
|
| 49 |
"current_to": "2026-03-31",
|
| 50 |
"citation": "CDSA Police Enforcement Regs, s. 3",
|
| 51 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-3.html"
|
|
@@ -63,6 +69,8 @@
|
|
| 63 |
"text": "4 A person is exempt from the application of any of section 5 to 7.1 of the Act if the person engages or attempts to engage in conduct referred to in any of those sections that involves a substance, other than a substance referred to in any of subsections 8(1), 11(1) and 13(1) of these Regulations, of which the person has come into possession, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 3(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 64 |
"history": "SOR/2005-72, s. 2; SOR/2022-174, s. 4",
|
| 65 |
"last_amended": "2022-07-15",
|
|
|
|
|
|
|
| 66 |
"current_to": "2026-03-31",
|
| 67 |
"citation": "CDSA Police Enforcement Regs, s. 4",
|
| 68 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-4.html"
|
|
@@ -80,6 +88,8 @@
|
|
| 80 |
"text": "5 A member who is exempt, under section 3 of these Regulations, from the application of section 6 of the Act shall notify, in written or electronic format, the Assistant Commissioner of the RCMP in charge of drug enforcement of the importation or exportation of a substance by the member in accordance with section 3 of these Regulations, or by a person under the member's direction or control pursuant to section 4 of these Regulations, before the substance is imported or exported or, if it is not practicable to do so before the substance is imported or exported, as soon as practicable after that time.",
|
| 81 |
"history": "SOR/2005-72, s. 3",
|
| 82 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 83 |
"current_to": "2026-03-31",
|
| 84 |
"citation": "CDSA Police Enforcement Regs, s. 5",
|
| 85 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-5.html"
|
|
@@ -97,6 +107,8 @@
|
|
| 97 |
"text": "5.1 A member of a police force who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in any of Schedules I to V to the Act is exempt from the application of that section if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member's responsibilities for the purposes of a particular investigation.",
|
| 98 |
"history": "SOR/2005-72, s. 3; 2026, c. 4, s. 11",
|
| 99 |
"last_amended": "2026-03-26",
|
|
|
|
|
|
|
| 100 |
"current_to": "2026-03-31",
|
| 101 |
"citation": "CDSA Police Enforcement Regs, s. 5.1",
|
| 102 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-5.1.html"
|
|
@@ -114,6 +126,8 @@
|
|
| 114 |
"text": "5.2 A person who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in any of Schedules I to V to the Act is exempt from the application of that section if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 5.1(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 115 |
"history": "SOR/2005-72, s. 3; 2026, c. 4, s. 11",
|
| 116 |
"last_amended": "2026-03-26",
|
|
|
|
|
|
|
| 117 |
"current_to": "2026-03-31",
|
| 118 |
"citation": "CDSA Police Enforcement Regs, s. 5.2",
|
| 119 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-5.2.html"
|
|
@@ -131,6 +145,8 @@
|
|
| 131 |
"text": "6 A member of a police force is exempt from the application of subsection 4(2) of the Act where the member engages or attempts to engage in conduct referred to in that subsection, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 132 |
"history": "SOR/2005-72, s. 17(F)",
|
| 133 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 134 |
"current_to": "2026-03-31",
|
| 135 |
"citation": "CDSA Police Enforcement Regs, s. 6",
|
| 136 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-6.html"
|
|
@@ -148,6 +164,8 @@
|
|
| 148 |
"text": "7 A person is exempt from the application of subsection 4(2) of the Act where the person engages or attempts to engage in conduct referred to in that subsection, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 6(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 149 |
"history": "SOR/2005-72, s. 4",
|
| 150 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 151 |
"current_to": "2026-03-31",
|
| 152 |
"citation": "CDSA Police Enforcement Regs, s. 7",
|
| 153 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-7.html"
|
|
@@ -165,6 +183,8 @@
|
|
| 165 |
"text": "7.1 A member of a police force is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the member engages or attempts to engage in conduct referred to in any of those provisions and\n(a) is an active member of the police force; and\n(b) is acting in the course of the member's responsibilities for the purposes of a particular investigation.",
|
| 166 |
"history": "SOR/2005-72, s. 5",
|
| 167 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 168 |
"current_to": "2026-03-31",
|
| 169 |
"citation": "CDSA Police Enforcement Regs, s. 7.1",
|
| 170 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-7.1.html"
|
|
@@ -182,6 +202,8 @@
|
|
| 182 |
"text": "7.2 A person is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the person engages or attempts to engage in conduct referred to in any of those provisions and the person acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 7.1(a) and (b).",
|
| 183 |
"history": "SOR/2005-72, s. 5",
|
| 184 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 185 |
"current_to": "2026-03-31",
|
| 186 |
"citation": "CDSA Police Enforcement Regs, s. 7.2",
|
| 187 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-7.2.html"
|
|
@@ -199,6 +221,8 @@
|
|
| 199 |
"text": "8\n(1) Subject to section 15, a member of a police force is exempt from the application of section 5 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The appropriate police officer may issue a certificate for a period not exceeding six months for the purposes of subsection (1) to a member of a police force where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 200 |
"history": "SOR/2005-72, s. 17(F)",
|
| 201 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 202 |
"current_to": "2026-03-31",
|
| 203 |
"citation": "CDSA Police Enforcement Regs, s. 8",
|
| 204 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-8.html"
|
|
@@ -216,6 +240,8 @@
|
|
| 216 |
"text": "9 Subject to section 16, a person is exempt from the application of section 5 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 8(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 217 |
"history": "SOR/2005-72, s. 6",
|
| 218 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 219 |
"current_to": "2026-03-31",
|
| 220 |
"citation": "CDSA Police Enforcement Regs, s. 9",
|
| 221 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-9.html"
|
|
@@ -233,6 +259,8 @@
|
|
| 233 |
"text": "10 For the purposes of subsection 11(1) and section 12, a substance requested of and obtained directly from a foreign state does not include a substance that has, for the purpose of identifying any person involved in the commission of an offence under the Act or any other Act of Parliament or a conspiracy to commit such an offence, been allowed to pass out of or through a foreign state, with the knowledge and under the supervision of that state's competent authorities.",
|
| 234 |
"history": "SOR/2005-72, s. 7",
|
| 235 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 236 |
"current_to": "2026-03-31",
|
| 237 |
"citation": "CDSA Police Enforcement Regs, s. 10",
|
| 238 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-10.html"
|
|
@@ -250,6 +278,8 @@
|
|
| 250 |
"text": "11\n(1) A member of a police force is exempt from the application of section 6 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is produced in accordance with section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The Assistant Commissioner of the RCMP in charge of drug enforcement may issue a certificate for a period not exceeding six months for the purposes of subsection (1) where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation in which the RCMP participates.",
|
| 251 |
"history": "SOR/2005-72, ss. 16(F), 17(F)",
|
| 252 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 253 |
"current_to": "2026-03-31",
|
| 254 |
"citation": "CDSA Police Enforcement Regs, s. 11",
|
| 255 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-11.html"
|
|
@@ -267,6 +297,8 @@
|
|
| 267 |
"text": "12 A person is exempt from the application of section 6 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is produced in accordance with section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 11(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 268 |
"history": "SOR/2005-72, s. 8",
|
| 269 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 270 |
"current_to": "2026-03-31",
|
| 271 |
"citation": "CDSA Police Enforcement Regs, s. 12",
|
| 272 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-12.html"
|
|
@@ -284,6 +316,8 @@
|
|
| 284 |
"text": "13\n(1) Subject to section 15, a member of a police force is exempt from the application of section 7 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty or that is imported in accordance with section 11 of these Regulations, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The appropriate police officer may issue a certificate for a period not exceeding one year for the purposes of subsection (1) to a member of a police force where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 285 |
"history": "SOR/2005-72, s. 17(F)",
|
| 286 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 287 |
"current_to": "2026-03-31",
|
| 288 |
"citation": "CDSA Police Enforcement Regs, s. 13",
|
| 289 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-13.html"
|
|
@@ -301,6 +335,8 @@
|
|
| 301 |
"text": "14 Subject to section 16, a person is exempt from the application of section 7 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty or that is imported in accordance with section 11 of these Regulations, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 13(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 302 |
"history": "SOR/2007-228, s. 1",
|
| 303 |
"last_amended": "2007-10-25",
|
|
|
|
|
|
|
| 304 |
"current_to": "2026-03-31",
|
| 305 |
"citation": "CDSA Police Enforcement Regs, s. 14",
|
| 306 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-14.html"
|
|
@@ -318,6 +354,8 @@
|
|
| 318 |
"text": "15 A member of a police force who engages in conduct referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 319 |
"history": "SOR/2005-72, ss. 9(F), 17(F)",
|
| 320 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 321 |
"current_to": "2026-03-31",
|
| 322 |
"citation": "CDSA Police Enforcement Regs, s. 15",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-15.html"
|
|
@@ -335,6 +373,8 @@
|
|
| 335 |
"text": "16 A person who engages in conduct referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 15(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 336 |
"history": "SOR/2005-72, s. 10",
|
| 337 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 338 |
"current_to": "2026-03-31",
|
| 339 |
"citation": "CDSA Police Enforcement Regs, s. 16",
|
| 340 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-16.html"
|
|
@@ -352,6 +392,8 @@
|
|
| 352 |
"text": "17 A certificate issued under section 8, 11 or 13 shall identify the member of the police force to which it applies, the duration of the exemption and the particular investigation to which it relates.",
|
| 353 |
"history": "",
|
| 354 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 355 |
"current_to": "2026-03-31",
|
| 356 |
"citation": "CDSA Police Enforcement Regs, s. 17",
|
| 357 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-17.html"
|
|
@@ -369,6 +411,8 @@
|
|
| 369 |
"text": "18\n(1) A certificate issued under section 8, 11 or 13 is revoked on the earliest of\n(a) the date on which the appropriate police officer who issued the certificate revokes it,\n(b) the date on which the member to whom it was issued is no longer an active member of the police force,\n(c) the date on which the member to whom it was issued is no longer acting in the course of the member’s responsibilities for the purposes of the particular investigation to which the certificate relates,\n(d) the date on which the particular investigation to which the certificate relates has been completed, or\n(e) the date on which the certificate expires.\n(2) [Notice] The appropriate police officer shall notify the member to whom a certificate was issued of the revocation on the day on which the certificate is revoked pursuant to paragraph (1)(a), (c) or (d).",
|
| 370 |
"history": "SOR/2005-72, s. 17(F)",
|
| 371 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 372 |
"current_to": "2026-03-31",
|
| 373 |
"citation": "CDSA Police Enforcement Regs, s. 18",
|
| 374 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-18.html"
|
|
@@ -386,6 +430,8 @@
|
|
| 386 |
"text": "18.1 and 18.2 [Repealed, SOR/2005-72, s. 11]",
|
| 387 |
"history": "",
|
| 388 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 389 |
"current_to": "2026-03-31",
|
| 390 |
"citation": "CDSA Police Enforcement Regs, s. 18.1 and 18.2",
|
| 391 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-18.1 and 18.2.html"
|
|
@@ -403,6 +449,8 @@
|
|
| 403 |
"text": "19 A member of a police force is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the member\n(a) is an active member of the police force;\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation; and\n(c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act.",
|
| 404 |
"history": "SOR/97-281, s. 1; SOR/2005-72, ss. 12, 17(F)",
|
| 405 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 406 |
"current_to": "2026-03-31",
|
| 407 |
"citation": "CDSA Police Enforcement Regs, s. 19",
|
| 408 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-19.html"
|
|
@@ -420,6 +468,8 @@
|
|
| 420 |
"text": "20 A person is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the person\n(a) acts under the direction and control of a member of a police force who\n(i) is an active member of the police force, and\n(ii) is acting in the course of the member’s responsibilities for the purposes of a particular investigation;\n(b) acts to assist the member in the course of the particular investigation; and\n(c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act.",
|
| 421 |
"history": "SOR/97-281, s. 1; SOR/2005-72, ss. 13, 17(F)",
|
| 422 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 423 |
"current_to": "2026-03-31",
|
| 424 |
"citation": "CDSA Police Enforcement Regs, s. 20",
|
| 425 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-20.html"
|
|
@@ -437,6 +487,8 @@
|
|
| 437 |
"text": "21\n(1) The chief or appropriate officer shall, as soon as practicable but not later than 60 days after a forfeited controlled substance or precursor is no longer required for the proceeding in respect of which it was seized, where the controlled substance or precursor is required for the purposes of conducting investigations under the Act or any other Act of Parliament, inform the Minister in writing of that requirement.\n(2) [Secure location] Every controlled substance or precursor referred to in subsection (1) shall be kept in a secure location while not being used for the purposes of conducting investigations under the Act or any other Act of Parliament.\n(3) [Transfer] The chief or appropriate police officer of a police force is exempt from the application of section 5 of the Act if that person transfers any controlled substance or precursor referred to in subsection (1) to the chief or appropriate police officer of another police force and if the chief or appropriate police officer of that other police force requests the transfer for the purposes of a particular investigation.\n(4) [Inform Minister] Where a transfer is conducted pursuant to subsection (3), the chief or appropriate police officer who\n(a) makes the transfer shall inform the Minister of the transfer, as soon as practicable after the request for the transfer has been received; and\n(b) receives the controlled substance or precursor shall inform the Minister of its receipt, as soon as practicable after the receipt.\n(5) [Directions] If a controlled substance or precursor referred to in subsection (1) is no longer required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall seek the directions of the Minister and dispose of or otherwise deal with the controlled substance or precursor in accordance with the Minister's directions.\n(6) [Substances not required] If a forfeited controlled substance or precursor is no longer required for the proceeding in respect of which it was seized and is not required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall, as soon as practicable,\n(a) in writing seek directions from the Minister respecting the disposal of or otherwise dealing with the controlled substance or precursor, unless the Minister has previously given such directions; and\n(b) dispose of or otherwise deal with the controlled substance or precursor in accordance with the Minister's directions.",
|
| 438 |
"history": "SOR/2005-72, s. 14",
|
| 439 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 440 |
"current_to": "2026-03-31",
|
| 441 |
"citation": "CDSA Police Enforcement Regs, s. 21",
|
| 442 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-21.html"
|
|
@@ -454,6 +506,8 @@
|
|
| 454 |
"text": "22\n(1) The chief or appropriate police officer shall submit to the Minister of Public Safety and Emergency Preparedness and to the Minister, within three months after the end of every calendar year, a report in written or electronic format containing the information set out in subsection (3), in respect of each of the following controlled substances or precursors that came into the possession of the police force in the course of a particular investigation completed during the calendar year, namely,\n(a) a controlled substance or precursor imported or exported in accordance with section 11;\n(b) a controlled substance produced in accordance with section 13; and\n(c) a forfeited controlled substance or precursor referred to in section 21.\n(2) [Copy of report] The chief or appropriate police officer of a police force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force.\n(3) [Contents of report] The report shall indicate the name and total quantity of each controlled substance or precursor and the quantity, in respect of each controlled substance or precursor, that was forfeited, imported, exported, produced or destroyed, as applicable.\n(4) [Additional report] The chief or appropriate police officer of a police force shall also submit, on request, a report in written or electronic format to the Minister respecting the controlled substances or precursors referred to in subsection (1) as required for the following purposes:\n(a) to ensure the protection of the public against potential public health risks caused by the potential misuse or diversion of those substances;\n(b) to collect data required for studies and research;\n(c) to meet international obligations of the Government of Canada; and\n(d) for compliance with these Regulations.",
|
| 455 |
"history": "SOR/2022-174, s. 5",
|
| 456 |
"last_amended": "2022-07-15",
|
|
|
|
|
|
|
| 457 |
"current_to": "2026-03-31",
|
| 458 |
"citation": "CDSA Police Enforcement Regs, s. 22",
|
| 459 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-22.html"
|
|
@@ -471,6 +525,8 @@
|
|
| 471 |
"text": "23\n(1) The chief or appropriate police officer shall submit a report in written or electronic format to the Minister of Public Safety and Emergency Preparedness and the Minister containing the information required by subsection (3), respecting every controlled substance or precursor referred to in subsection 21(1) that is lost, stolen or otherwise no longer in the possession of the police force, as soon as practicable after the substance is lost, stolen or no longer in the possession of the police force.\n(2) [Copy of report] The chief or appropriate police officer of a police force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force.\n(3) [Contents of report] The report shall include the following information:\n(a) the name and quantity of each controlled substance or precursor;\n(b) the date of forfeiture, importation or exportation of each controlled substance or precursor, or the production of each controlled substance, as applicable; and\n(c) the date on which and an explanation of the circumstances in which the controlled substance or precursor was lost or stolen or ceased to be in the possession of the police force.",
|
| 472 |
"history": "SOR/2005-72, s. 15; SOR/2022-174, s. 5",
|
| 473 |
"last_amended": "2022-07-15",
|
|
|
|
|
|
|
| 474 |
"current_to": "2026-03-31",
|
| 475 |
"citation": "CDSA Police Enforcement Regs, s. 23",
|
| 476 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-23.html"
|
|
@@ -488,6 +544,8 @@
|
|
| 488 |
"text": "24 These Regulations apply in respect of every controlled substance or precursor that was forfeited to Her Majesty before the coming into force of these Regulations and that is in the possession of a police force, except that, in respect of subsection 21(1), the reference to 60 days shall be read as a reference to 120 days after the coming into force of these Regulations.",
|
| 489 |
"history": "",
|
| 490 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 491 |
"current_to": "2026-03-31",
|
| 492 |
"citation": "CDSA Police Enforcement Regs, s. 24",
|
| 493 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-24.html"
|
|
@@ -505,6 +563,8 @@
|
|
| 505 |
"text": "*25 These Regulations come into force on the date on which the Controlled Drugs and Substances Act comes into force.\n* [Note: Regulations in force May 14, 1997, see SI/97-47.]",
|
| 506 |
"history": "",
|
| 507 |
"last_amended": "2006-03-22",
|
|
|
|
|
|
|
| 508 |
"current_to": "2026-03-31",
|
| 509 |
"citation": "CDSA Police Enforcement Regs, s. *25",
|
| 510 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-*25.html"
|
|
|
|
| 12 |
"text": "1 The definitions in this section apply in these Regulations.\nAct means the Controlled Drugs and Substances Act. (Loi)\nappropriate police officer means\n(a) in the case of the RCMP, the Assistant Commissioner of the RCMP in charge of drug enforcement; and\n(b) in the case of any other police force, the member of the police force who is the most senior officer responsible for operations. (agent de police compétent)\nchief means, in respect of a police force other than the RCMP, the senior police officer in charge of the police force. (chef)\nparticular investigation means a primary investigation conducted under the Act or any other Act of Parliament and includes any investigation that arises from the primary investigation. (enquête particulière). (enquête particulière)\npolice force means a police force that is designated pursuant to section 2. (corps policier)\nproceeding means a preliminary inquiry, trial or other proceeding under the Act or any other Act of Parliament. (procédure)\nprovincial minister means the provincial minister responsible for policing in a province. (ministre provincial)\nRCMP means the Royal Canadian Mounted Police. (GRC)",
|
| 13 |
"history": "SOR/2005-72, ss. 1, 16(F)",
|
| 14 |
"last_amended": "2006-03-22",
|
| 15 |
+
"in_force": "2006-03-22",
|
| 16 |
+
"status": "in force",
|
| 17 |
"current_to": "2026-03-31",
|
| 18 |
"citation": "CDSA Police Enforcement Regs, s. 1",
|
| 19 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-1.html"
|
|
|
|
| 31 |
"text": "2 The Minister of Public Safety and Emergency Preparedness and every provincial minister are authorized to designate any police force within the jurisdiction of that Minister or the provincial minister for the purposes of these Regulations or any of its provisions.",
|
| 32 |
"history": "SOR/2022-174, s. 1",
|
| 33 |
"last_amended": "2022-07-15",
|
| 34 |
+
"in_force": "2022-07-15",
|
| 35 |
+
"status": "in force",
|
| 36 |
"current_to": "2026-03-31",
|
| 37 |
"citation": "CDSA Police Enforcement Regs, s. 2",
|
| 38 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-2.html"
|
|
|
|
| 50 |
"text": "3 A member of a police force is exempt from the application of any of sections 5 to 7.1 of the Act if the member engages or attempts to engage in conduct referred to in any of those sections that involves a substance other than a substance referred to in any of subsections 8(1), 11(1) and 13(1) of these Regulations, of which the member has come into possession during a particular investigation, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of the particular investigation.",
|
| 51 |
"history": "SOR/2005-72, s. 17(F); SOR/2022-174, s. 3",
|
| 52 |
"last_amended": "2022-07-15",
|
| 53 |
+
"in_force": "2006-03-22",
|
| 54 |
+
"status": "in force",
|
| 55 |
"current_to": "2026-03-31",
|
| 56 |
"citation": "CDSA Police Enforcement Regs, s. 3",
|
| 57 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-3.html"
|
|
|
|
| 69 |
"text": "4 A person is exempt from the application of any of section 5 to 7.1 of the Act if the person engages or attempts to engage in conduct referred to in any of those sections that involves a substance, other than a substance referred to in any of subsections 8(1), 11(1) and 13(1) of these Regulations, of which the person has come into possession, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 3(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 70 |
"history": "SOR/2005-72, s. 2; SOR/2022-174, s. 4",
|
| 71 |
"last_amended": "2022-07-15",
|
| 72 |
+
"in_force": "2006-03-22",
|
| 73 |
+
"status": "in force",
|
| 74 |
"current_to": "2026-03-31",
|
| 75 |
"citation": "CDSA Police Enforcement Regs, s. 4",
|
| 76 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-4.html"
|
|
|
|
| 88 |
"text": "5 A member who is exempt, under section 3 of these Regulations, from the application of section 6 of the Act shall notify, in written or electronic format, the Assistant Commissioner of the RCMP in charge of drug enforcement of the importation or exportation of a substance by the member in accordance with section 3 of these Regulations, or by a person under the member's direction or control pursuant to section 4 of these Regulations, before the substance is imported or exported or, if it is not practicable to do so before the substance is imported or exported, as soon as practicable after that time.",
|
| 89 |
"history": "SOR/2005-72, s. 3",
|
| 90 |
"last_amended": "2006-03-22",
|
| 91 |
+
"in_force": "2006-03-22",
|
| 92 |
+
"status": "in force",
|
| 93 |
"current_to": "2026-03-31",
|
| 94 |
"citation": "CDSA Police Enforcement Regs, s. 5",
|
| 95 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-5.html"
|
|
|
|
| 107 |
"text": "5.1 A member of a police force who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in any of Schedules I to V to the Act is exempt from the application of that section if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member's responsibilities for the purposes of a particular investigation.",
|
| 108 |
"history": "SOR/2005-72, s. 3; 2026, c. 4, s. 11",
|
| 109 |
"last_amended": "2026-03-26",
|
| 110 |
+
"in_force": "2006-03-22",
|
| 111 |
+
"status": "in force",
|
| 112 |
"current_to": "2026-03-31",
|
| 113 |
"citation": "CDSA Police Enforcement Regs, s. 5.1",
|
| 114 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-5.1.html"
|
|
|
|
| 126 |
"text": "5.2 A person who engages or attempts to engage in conduct referred to in section 5 of the Act by representing or holding out a substance to be a substance included in any of Schedules I to V to the Act is exempt from the application of that section if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 5.1(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 127 |
"history": "SOR/2005-72, s. 3; 2026, c. 4, s. 11",
|
| 128 |
"last_amended": "2026-03-26",
|
| 129 |
+
"in_force": "2006-03-22",
|
| 130 |
+
"status": "in force",
|
| 131 |
"current_to": "2026-03-31",
|
| 132 |
"citation": "CDSA Police Enforcement Regs, s. 5.2",
|
| 133 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-5.2.html"
|
|
|
|
| 145 |
"text": "6 A member of a police force is exempt from the application of subsection 4(2) of the Act where the member engages or attempts to engage in conduct referred to in that subsection, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 146 |
"history": "SOR/2005-72, s. 17(F)",
|
| 147 |
"last_amended": "2006-03-22",
|
| 148 |
+
"in_force": "2006-03-22",
|
| 149 |
+
"status": "in force",
|
| 150 |
"current_to": "2026-03-31",
|
| 151 |
"citation": "CDSA Police Enforcement Regs, s. 6",
|
| 152 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-6.html"
|
|
|
|
| 164 |
"text": "7 A person is exempt from the application of subsection 4(2) of the Act where the person engages or attempts to engage in conduct referred to in that subsection, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 6(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 165 |
"history": "SOR/2005-72, s. 4",
|
| 166 |
"last_amended": "2006-03-22",
|
| 167 |
+
"in_force": "2006-03-22",
|
| 168 |
+
"status": "in force",
|
| 169 |
"current_to": "2026-03-31",
|
| 170 |
"citation": "CDSA Police Enforcement Regs, s. 7",
|
| 171 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-7.html"
|
|
|
|
| 183 |
"text": "7.1 A member of a police force is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the member engages or attempts to engage in conduct referred to in any of those provisions and\n(a) is an active member of the police force; and\n(b) is acting in the course of the member's responsibilities for the purposes of a particular investigation.",
|
| 184 |
"history": "SOR/2005-72, s. 5",
|
| 185 |
"last_amended": "2006-03-22",
|
| 186 |
+
"in_force": "2006-03-22",
|
| 187 |
+
"status": "in force",
|
| 188 |
"current_to": "2026-03-31",
|
| 189 |
"citation": "CDSA Police Enforcement Regs, s. 7.1",
|
| 190 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-7.1.html"
|
|
|
|
| 202 |
"text": "7.2 A person is exempt from the application of subsections 6(1) and (2) and 9(1), section 10, subsections 47(1) and 57(1) and section 88 of the Precursor Control Regulations if the person engages or attempts to engage in conduct referred to in any of those provisions and the person acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 7.1(a) and (b).",
|
| 203 |
"history": "SOR/2005-72, s. 5",
|
| 204 |
"last_amended": "2006-03-22",
|
| 205 |
+
"in_force": "2006-03-22",
|
| 206 |
+
"status": "in force",
|
| 207 |
"current_to": "2026-03-31",
|
| 208 |
"citation": "CDSA Police Enforcement Regs, s. 7.2",
|
| 209 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-7.2.html"
|
|
|
|
| 221 |
"text": "8\n(1) Subject to section 15, a member of a police force is exempt from the application of section 5 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The appropriate police officer may issue a certificate for a period not exceeding six months for the purposes of subsection (1) to a member of a police force where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 222 |
"history": "SOR/2005-72, s. 17(F)",
|
| 223 |
"last_amended": "2006-03-22",
|
| 224 |
+
"in_force": "2006-03-22",
|
| 225 |
+
"status": "in force",
|
| 226 |
"current_to": "2026-03-31",
|
| 227 |
"citation": "CDSA Police Enforcement Regs, s. 8",
|
| 228 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-8.html"
|
|
|
|
| 240 |
"text": "9 Subject to section 16, a person is exempt from the application of section 5 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is imported in accordance with section 11 of these Regulations or that is produced in accordance with section 13 of these Regulations, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 8(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 241 |
"history": "SOR/2005-72, s. 6",
|
| 242 |
"last_amended": "2006-03-22",
|
| 243 |
+
"in_force": "2006-03-22",
|
| 244 |
+
"status": "in force",
|
| 245 |
"current_to": "2026-03-31",
|
| 246 |
"citation": "CDSA Police Enforcement Regs, s. 9",
|
| 247 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-9.html"
|
|
|
|
| 259 |
"text": "10 For the purposes of subsection 11(1) and section 12, a substance requested of and obtained directly from a foreign state does not include a substance that has, for the purpose of identifying any person involved in the commission of an offence under the Act or any other Act of Parliament or a conspiracy to commit such an offence, been allowed to pass out of or through a foreign state, with the knowledge and under the supervision of that state's competent authorities.",
|
| 260 |
"history": "SOR/2005-72, s. 7",
|
| 261 |
"last_amended": "2006-03-22",
|
| 262 |
+
"in_force": "2006-03-22",
|
| 263 |
+
"status": "in force",
|
| 264 |
"current_to": "2026-03-31",
|
| 265 |
"citation": "CDSA Police Enforcement Regs, s. 10",
|
| 266 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-10.html"
|
|
|
|
| 278 |
"text": "11\n(1) A member of a police force is exempt from the application of section 6 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is produced in accordance with section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The Assistant Commissioner of the RCMP in charge of drug enforcement may issue a certificate for a period not exceeding six months for the purposes of subsection (1) where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation in which the RCMP participates.",
|
| 279 |
"history": "SOR/2005-72, ss. 16(F), 17(F)",
|
| 280 |
"last_amended": "2006-03-22",
|
| 281 |
+
"in_force": "2006-03-22",
|
| 282 |
+
"status": "in force",
|
| 283 |
"current_to": "2026-03-31",
|
| 284 |
"citation": "CDSA Police Enforcement Regs, s. 11",
|
| 285 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-11.html"
|
|
|
|
| 297 |
"text": "12 A person is exempt from the application of section 6 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty, that is produced in accordance with section 13 of these Regulations or that has been requested of and obtained directly from a foreign state, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 11(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 298 |
"history": "SOR/2005-72, s. 8",
|
| 299 |
"last_amended": "2006-03-22",
|
| 300 |
+
"in_force": "2006-03-22",
|
| 301 |
+
"status": "in force",
|
| 302 |
"current_to": "2026-03-31",
|
| 303 |
"citation": "CDSA Police Enforcement Regs, s. 12",
|
| 304 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-12.html"
|
|
|
|
| 316 |
"text": "13\n(1) Subject to section 15, a member of a police force is exempt from the application of section 7 of the Act where the member engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty or that is imported in accordance with section 11 of these Regulations, if the member has been issued a certificate.\n(2) [Conditions for issuing certificate] The appropriate police officer may issue a certificate for a period not exceeding one year for the purposes of subsection (1) to a member of a police force where the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 317 |
"history": "SOR/2005-72, s. 17(F)",
|
| 318 |
"last_amended": "2006-03-22",
|
| 319 |
+
"in_force": "2006-03-22",
|
| 320 |
+
"status": "in force",
|
| 321 |
"current_to": "2026-03-31",
|
| 322 |
"citation": "CDSA Police Enforcement Regs, s. 13",
|
| 323 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-13.html"
|
|
|
|
| 335 |
"text": "14 Subject to section 16, a person is exempt from the application of section 7 of the Act where the person engages or attempts to engage in conduct referred to in that section that involves a substance that has been forfeited to Her Majesty or that is imported in accordance with section 11 of these Regulations, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 13(2)(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 336 |
"history": "SOR/2007-228, s. 1",
|
| 337 |
"last_amended": "2007-10-25",
|
| 338 |
+
"in_force": "2007-10-25",
|
| 339 |
+
"status": "in force",
|
| 340 |
"current_to": "2026-03-31",
|
| 341 |
"citation": "CDSA Police Enforcement Regs, s. 14",
|
| 342 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-14.html"
|
|
|
|
| 354 |
"text": "15 A member of a police force who engages in conduct referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, if the member\n(a) is an active member of the police force; and\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation.",
|
| 355 |
"history": "SOR/2005-72, ss. 9(F), 17(F)",
|
| 356 |
"last_amended": "2006-03-22",
|
| 357 |
+
"in_force": "2006-03-22",
|
| 358 |
+
"status": "in force",
|
| 359 |
"current_to": "2026-03-31",
|
| 360 |
"citation": "CDSA Police Enforcement Regs, s. 15",
|
| 361 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-15.html"
|
|
|
|
| 373 |
"text": "16 A person who engages in conduct referred to in section 5 or 7 of the Act by offering to engage in that conduct is exempt, in respect of offering to engage in that conduct, from the application of section 5 or 7 of the Act, if the person\n(a) acts under the direction and control of a member of a police force who meets the conditions set out in paragraphs 15(a) and (b); and\n(b) acts to assist the member referred to in paragraph (a) in the course of the particular investigation.",
|
| 374 |
"history": "SOR/2005-72, s. 10",
|
| 375 |
"last_amended": "2006-03-22",
|
| 376 |
+
"in_force": "2006-03-22",
|
| 377 |
+
"status": "in force",
|
| 378 |
"current_to": "2026-03-31",
|
| 379 |
"citation": "CDSA Police Enforcement Regs, s. 16",
|
| 380 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-16.html"
|
|
|
|
| 392 |
"text": "17 A certificate issued under section 8, 11 or 13 shall identify the member of the police force to which it applies, the duration of the exemption and the particular investigation to which it relates.",
|
| 393 |
"history": "",
|
| 394 |
"last_amended": "2006-03-22",
|
| 395 |
+
"in_force": "2006-03-22",
|
| 396 |
+
"status": "in force",
|
| 397 |
"current_to": "2026-03-31",
|
| 398 |
"citation": "CDSA Police Enforcement Regs, s. 17",
|
| 399 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-17.html"
|
|
|
|
| 411 |
"text": "18\n(1) A certificate issued under section 8, 11 or 13 is revoked on the earliest of\n(a) the date on which the appropriate police officer who issued the certificate revokes it,\n(b) the date on which the member to whom it was issued is no longer an active member of the police force,\n(c) the date on which the member to whom it was issued is no longer acting in the course of the member’s responsibilities for the purposes of the particular investigation to which the certificate relates,\n(d) the date on which the particular investigation to which the certificate relates has been completed, or\n(e) the date on which the certificate expires.\n(2) [Notice] The appropriate police officer shall notify the member to whom a certificate was issued of the revocation on the day on which the certificate is revoked pursuant to paragraph (1)(a), (c) or (d).",
|
| 412 |
"history": "SOR/2005-72, s. 17(F)",
|
| 413 |
"last_amended": "2006-03-22",
|
| 414 |
+
"in_force": "2006-03-22",
|
| 415 |
+
"status": "in force",
|
| 416 |
"current_to": "2026-03-31",
|
| 417 |
"citation": "CDSA Police Enforcement Regs, s. 18",
|
| 418 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-18.html"
|
|
|
|
| 430 |
"text": "18.1 and 18.2 [Repealed, SOR/2005-72, s. 11]",
|
| 431 |
"history": "",
|
| 432 |
"last_amended": "2006-03-22",
|
| 433 |
+
"in_force": "2006-03-22",
|
| 434 |
+
"status": "repealed",
|
| 435 |
"current_to": "2026-03-31",
|
| 436 |
"citation": "CDSA Police Enforcement Regs, s. 18.1 and 18.2",
|
| 437 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-18.1 and 18.2.html"
|
|
|
|
| 449 |
"text": "19 A member of a police force is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the member\n(a) is an active member of the police force;\n(b) is acting in the course of the member’s responsibilities for the purposes of a particular investigation; and\n(c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act.",
|
| 450 |
"history": "SOR/97-281, s. 1; SOR/2005-72, ss. 12, 17(F)",
|
| 451 |
"last_amended": "2006-03-22",
|
| 452 |
+
"in_force": "2006-03-22",
|
| 453 |
+
"status": "in force",
|
| 454 |
"current_to": "2026-03-31",
|
| 455 |
"citation": "CDSA Police Enforcement Regs, s. 19",
|
| 456 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-19.html"
|
|
|
|
| 468 |
"text": "20 A person is exempt from the application of the provisions that create the offence of conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act if the person\n(a) acts under the direction and control of a member of a police force who\n(i) is an active member of the police force, and\n(ii) is acting in the course of the member’s responsibilities for the purposes of a particular investigation;\n(b) acts to assist the member in the course of the particular investigation; and\n(c) engages in conduct that, but for the application of this section, would constitute a conspiracy to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under subsection 4(2) or section 5, 6 or 7 of the Act.",
|
| 469 |
"history": "SOR/97-281, s. 1; SOR/2005-72, ss. 13, 17(F)",
|
| 470 |
"last_amended": "2006-03-22",
|
| 471 |
+
"in_force": "2006-03-22",
|
| 472 |
+
"status": "in force",
|
| 473 |
"current_to": "2026-03-31",
|
| 474 |
"citation": "CDSA Police Enforcement Regs, s. 20",
|
| 475 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-20.html"
|
|
|
|
| 487 |
"text": "21\n(1) The chief or appropriate officer shall, as soon as practicable but not later than 60 days after a forfeited controlled substance or precursor is no longer required for the proceeding in respect of which it was seized, where the controlled substance or precursor is required for the purposes of conducting investigations under the Act or any other Act of Parliament, inform the Minister in writing of that requirement.\n(2) [Secure location] Every controlled substance or precursor referred to in subsection (1) shall be kept in a secure location while not being used for the purposes of conducting investigations under the Act or any other Act of Parliament.\n(3) [Transfer] The chief or appropriate police officer of a police force is exempt from the application of section 5 of the Act if that person transfers any controlled substance or precursor referred to in subsection (1) to the chief or appropriate police officer of another police force and if the chief or appropriate police officer of that other police force requests the transfer for the purposes of a particular investigation.\n(4) [Inform Minister] Where a transfer is conducted pursuant to subsection (3), the chief or appropriate police officer who\n(a) makes the transfer shall inform the Minister of the transfer, as soon as practicable after the request for the transfer has been received; and\n(b) receives the controlled substance or precursor shall inform the Minister of its receipt, as soon as practicable after the receipt.\n(5) [Directions] If a controlled substance or precursor referred to in subsection (1) is no longer required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall seek the directions of the Minister and dispose of or otherwise deal with the controlled substance or precursor in accordance with the Minister's directions.\n(6) [Substances not required] If a forfeited controlled substance or precursor is no longer required for the proceeding in respect of which it was seized and is not required for the purposes of conducting investigations under the Act or any other Act of Parliament, the chief or appropriate police officer shall, as soon as practicable,\n(a) in writing seek directions from the Minister respecting the disposal of or otherwise dealing with the controlled substance or precursor, unless the Minister has previously given such directions; and\n(b) dispose of or otherwise deal with the controlled substance or precursor in accordance with the Minister's directions.",
|
| 488 |
"history": "SOR/2005-72, s. 14",
|
| 489 |
"last_amended": "2006-03-22",
|
| 490 |
+
"in_force": "2006-03-22",
|
| 491 |
+
"status": "in force",
|
| 492 |
"current_to": "2026-03-31",
|
| 493 |
"citation": "CDSA Police Enforcement Regs, s. 21",
|
| 494 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-21.html"
|
|
|
|
| 506 |
"text": "22\n(1) The chief or appropriate police officer shall submit to the Minister of Public Safety and Emergency Preparedness and to the Minister, within three months after the end of every calendar year, a report in written or electronic format containing the information set out in subsection (3), in respect of each of the following controlled substances or precursors that came into the possession of the police force in the course of a particular investigation completed during the calendar year, namely,\n(a) a controlled substance or precursor imported or exported in accordance with section 11;\n(b) a controlled substance produced in accordance with section 13; and\n(c) a forfeited controlled substance or precursor referred to in section 21.\n(2) [Copy of report] The chief or appropriate police officer of a police force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force.\n(3) [Contents of report] The report shall indicate the name and total quantity of each controlled substance or precursor and the quantity, in respect of each controlled substance or precursor, that was forfeited, imported, exported, produced or destroyed, as applicable.\n(4) [Additional report] The chief or appropriate police officer of a police force shall also submit, on request, a report in written or electronic format to the Minister respecting the controlled substances or precursors referred to in subsection (1) as required for the following purposes:\n(a) to ensure the protection of the public against potential public health risks caused by the potential misuse or diversion of those substances;\n(b) to collect data required for studies and research;\n(c) to meet international obligations of the Government of Canada; and\n(d) for compliance with these Regulations.",
|
| 507 |
"history": "SOR/2022-174, s. 5",
|
| 508 |
"last_amended": "2022-07-15",
|
| 509 |
+
"in_force": "2006-03-22",
|
| 510 |
+
"status": "in force",
|
| 511 |
"current_to": "2026-03-31",
|
| 512 |
"citation": "CDSA Police Enforcement Regs, s. 22",
|
| 513 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-22.html"
|
|
|
|
| 525 |
"text": "23\n(1) The chief or appropriate police officer shall submit a report in written or electronic format to the Minister of Public Safety and Emergency Preparedness and the Minister containing the information required by subsection (3), respecting every controlled substance or precursor referred to in subsection 21(1) that is lost, stolen or otherwise no longer in the possession of the police force, as soon as practicable after the substance is lost, stolen or no longer in the possession of the police force.\n(2) [Copy of report] The chief or appropriate police officer of a police force other than the RCMP shall also send a copy of the report referred to in subsection (1) to the provincial minister responsible for the police force.\n(3) [Contents of report] The report shall include the following information:\n(a) the name and quantity of each controlled substance or precursor;\n(b) the date of forfeiture, importation or exportation of each controlled substance or precursor, or the production of each controlled substance, as applicable; and\n(c) the date on which and an explanation of the circumstances in which the controlled substance or precursor was lost or stolen or ceased to be in the possession of the police force.",
|
| 526 |
"history": "SOR/2005-72, s. 15; SOR/2022-174, s. 5",
|
| 527 |
"last_amended": "2022-07-15",
|
| 528 |
+
"in_force": "2006-03-22",
|
| 529 |
+
"status": "in force",
|
| 530 |
"current_to": "2026-03-31",
|
| 531 |
"citation": "CDSA Police Enforcement Regs, s. 23",
|
| 532 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-23.html"
|
|
|
|
| 544 |
"text": "24 These Regulations apply in respect of every controlled substance or precursor that was forfeited to Her Majesty before the coming into force of these Regulations and that is in the possession of a police force, except that, in respect of subsection 21(1), the reference to 60 days shall be read as a reference to 120 days after the coming into force of these Regulations.",
|
| 545 |
"history": "",
|
| 546 |
"last_amended": "2006-03-22",
|
| 547 |
+
"in_force": "2006-03-22",
|
| 548 |
+
"status": "in force",
|
| 549 |
"current_to": "2026-03-31",
|
| 550 |
"citation": "CDSA Police Enforcement Regs, s. 24",
|
| 551 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-24.html"
|
|
|
|
| 563 |
"text": "*25 These Regulations come into force on the date on which the Controlled Drugs and Substances Act comes into force.\n* [Note: Regulations in force May 14, 1997, see SI/97-47.]",
|
| 564 |
"history": "",
|
| 565 |
"last_amended": "2006-03-22",
|
| 566 |
+
"in_force": "2006-03-22",
|
| 567 |
+
"status": "in force",
|
| 568 |
"current_to": "2026-03-31",
|
| 569 |
"citation": "CDSA Police Enforcement Regs, s. *25",
|
| 570 |
"source_url": "https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-234/section-*25.html"
|
|
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| 1 |
+
"""Unit tests for Justice Laws XML parsing (canlex/ingest.py).
|
| 2 |
+
|
| 3 |
+
Offline: builds a tiny Justice Laws-shaped XML document and parses it, so no
|
| 4 |
+
network or real corpus is touched. Focuses on the per-section in-force date and
|
| 5 |
+
repeal-status metadata.
|
| 6 |
+
"""
|
| 7 |
+
import tempfile
|
| 8 |
+
import unittest
|
| 9 |
+
from pathlib import Path
|
| 10 |
+
|
| 11 |
+
from canlex import ingest
|
| 12 |
+
|
| 13 |
+
|
| 14 |
+
_XML = b"""<?xml version="1.0" encoding="UTF-8"?>
|
| 15 |
+
<Statute xmlns:lims="http://justice.gc.ca/lims" lims:current-date="2026-03-31">
|
| 16 |
+
<Body>
|
| 17 |
+
<Section lims:inforce-start-date="2015-01-01" lims:lastAmendedDate="2023-06-22">
|
| 18 |
+
<Label>25</Label>
|
| 19 |
+
<MarginalNote>Humanitarian and compassionate considerations</MarginalNote>
|
| 20 |
+
<Text>The Minister may grant relief.</Text>
|
| 21 |
+
</Section>
|
| 22 |
+
<Section lims:inforce-start-date="2018-12-13" lims:lastAmendedDate="2018-12-13">
|
| 23 |
+
<Label>13</Label>
|
| 24 |
+
<Text><Repealed>[Repealed, 2018, c. 27, s. 174]</Repealed></Text>
|
| 25 |
+
</Section>
|
| 26 |
+
<Section lims:inforce-start-date="2001-06-28">
|
| 27 |
+
<Label>40</Label>
|
| 28 |
+
<MarginalNote>Live section with a repealed subsection</MarginalNote>
|
| 29 |
+
<Text>Intro.</Text>
|
| 30 |
+
<Subsection><Label>(1)</Label><Text>Still in force.</Text></Subsection>
|
| 31 |
+
<Subsection><Label>(2)</Label><Text><Repealed>[Repealed, 2020, c. 1]</Repealed></Text></Subsection>
|
| 32 |
+
</Section>
|
| 33 |
+
</Body>
|
| 34 |
+
</Statute>"""
|
| 35 |
+
|
| 36 |
+
|
| 37 |
+
def _parse():
|
| 38 |
+
with tempfile.NamedTemporaryFile(suffix=".xml", delete=False) as f:
|
| 39 |
+
f.write(_XML)
|
| 40 |
+
path = Path(f.name)
|
| 41 |
+
# I-2.5 is a real SOURCES code; parse_legislation only reads its short/
|
| 42 |
+
# name/web_base for citation building.
|
| 43 |
+
return {c["section"]: c for c in ingest.parse_legislation(path, "I-2.5")}
|
| 44 |
+
|
| 45 |
+
|
| 46 |
+
class InForceTests(unittest.TestCase):
|
| 47 |
+
def test_every_section_carries_its_in_force_date(self):
|
| 48 |
+
by_sec = _parse()
|
| 49 |
+
self.assertEqual(by_sec["25"]["in_force"], "2015-01-01")
|
| 50 |
+
self.assertEqual(by_sec["40"]["in_force"], "2001-06-28")
|
| 51 |
+
|
| 52 |
+
|
| 53 |
+
class RepealStatusTests(unittest.TestCase):
|
| 54 |
+
def test_wholly_repealed_section_is_flagged(self):
|
| 55 |
+
self.assertEqual(_parse()["13"]["status"], "repealed")
|
| 56 |
+
|
| 57 |
+
def test_live_section_with_a_repealed_subsection_is_not_flagged(self):
|
| 58 |
+
# The <Repealed> sits inside a Subsection, not the section's own Text,
|
| 59 |
+
# so the section itself is still in force.
|
| 60 |
+
self.assertEqual(_parse()["40"]["status"], "in force")
|
| 61 |
+
|
| 62 |
+
def test_ordinary_section_is_in_force(self):
|
| 63 |
+
self.assertEqual(_parse()["25"]["status"], "in force")
|
| 64 |
+
|
| 65 |
+
|
| 66 |
+
if __name__ == "__main__":
|
| 67 |
+
unittest.main()
|