Plant Protection Regulation (R.Q. c. P-39.01, r.1)

© Éditeur officiel du Québec This document is not the official version. Latest version available Including the Gazette officielle of 25 February 2009 c. P-39.01, r.1 Plant Protection Regulation Plant Protection Act (R.S.Q., c. P-39.01, s. 3 and 18) 1. The following diseases and destructive insects are covered by the Plant Protection Act: DISEASES COMMON NAME SCIENTIFIC NAME 1. Fire blight Erwinia amylovora (Burr.) 2. European canker Nectria galligena (Bres.) 3. Black knot Apiosporina morbosa (Schwein.) 4. White pine blister Cronartium ribicola rust (J.C. Fisch.) 5. Apple scab Venturia inaequalis (Cooke) 6. Crown gall Agrobacterium tumefaciens (S. & T.) 7. Angular leaf spot Xanthomonas on strawberry fragariae (K. & K.) 8. Red stele of Phytophthora fragariae strawberry var. fragariae (Hickman) 9. Phytophthora root Phytophthora sp. rot of raspberry DESTRUCTIVE INSECTS COMMON NAME SCIENTIFIC NAME 1. Plum curculio Conotrachelus nenuphar (Hebst.) 2. San Jose scale Quadraspidiotus perniciosus (Comst.) 3. Oystershell scale Lepidosaphes ulmi (L.) 4. Apple maggot Rhagoletis pomonella (Walsh) 5. Woolly apple aphid Erisoma lanigerum (Hausm.) 6. Roundheaded Saperda candida (F.) appletree borer 7. Oblique-banded Choristoneura rosaceana leaf roller (Harris) 8. White pine weevil Pissodes strobi (Peck) 9. Bronze birch borer Agrilus anxius (Gory) 10. Fletcher scale Parthenolecanium fletcheri (Ckll.) 11. Peach tree borer Synanthedon exitiosa (Say) 12. European apple Hoplocampa testudinae sawfly (Klug) 13. Dogwood borer Synanthedon scitula (Harr.) 14. Blueberry maggot Rhagoletis mendax (Curran) O.C. 1366-96, s. 1; O.C. 84-2002, s. 1. 2. An authorized person who witnesses an offence against the provisions of the Plant Protection Act (1995, c. 54) shall immediately prepare an offence report in accordance with the Regulation respecting the form of offence reports, made under the Code of penal procedure (R.S.Q., c. C 25.1). O.C. 1366-96, s. 2. 3. An authorized person shall place a numbered and dated receipt on any lot of property seized or confiscated under the Plant Protection Act. The receipt shall bear, in addition to the authorized person's signature, the particulars indicated in the Form in Schedule I. Action taken in respect of the seizure or confiscation of property shall be stated in minutes dated and signed by the authorized person and bearing the particulars indicated in the Form in Schedule II. O.C. 1366-96, s. 3. 4. A release of seizure shall be given in writing by any authorized person, where one of the situations provided for in section 21 of the Plant Protection Act occurs or where the property that has been seized must be returned under another Act. The release shall be dated and signed by the authorized person and shall bear the particulars indicated in the Form in Schedule III. O.C. 1366-96, s. 4. 5. Where any samples are taken, minutes dated and signed by the authorized person shall be drafted immediately. Those minutes shall bear the particulars indicated in the Form in Schedule IV. O.C. 1366-96, s. 5. 6. All minutes shall be drawn up in triplicate in accordance with the Form in Schedule II or IV, as the case may be. The first copy shall be sent by the authorized person to the Ministère de l'Agriculture, des Pêcheries et de l'Alimentation within 24 hours. One copy shall be left with the owner or custodian of the property that has been taken, seized or confiscated or with his representative. One copy shall be kept by the authorized person. O.C. 1366-96, s. 6. 7. Every sample taken shall be placed under seal and sent, together with the minutes, to the Ministère de l'Agriculture, des Pêcheries et de l'Alimentation. If special measures for the preservation of a sample are required, the sample shall be sent immediately to the laboratory where such measures will be taken. Mention of such dispatch shall be made in the minutes. The seals shall be affixed on the container enclosing the samples. Each sample shall bear a numbered tag bearing the particulars indicated in the Form in Schedule V. O.C. 1366-96, s. 7. 8. Within 24 hours of its receipt, the sample shall be forwarded to the laboratory. On the day following the end of the time period required to complete the analysis, the laboratory shall submit a report to the Ministère de l'Agriculture, des Pêcheries et de l'Alimentation containing the particulars indicated in the Form in Schedule VI. O.C. 1366-96, s. 8. 9. Omitted. O.C. 1366-96, s. 9. SCHEDULE I (s. 3) Gouvernement du Québec Ministère de l'Agriculture, des Pêcheries et de l'Alimentation Plant protection SCHEDULE I (s. 3) SEIZURE Receipt No. Plants ( ) Vehicles ( ) Equipment ( ) quantity, nature, species) under the custody of Minutes No. Made at on / / / / / / / (place) Year Month Day Authorized person Address Telephone N.B. S. 17: An inspector may, in the performance of his duties, seize a plant or equpment to which the Act applies, if he has reasonable cause to believe that the plant or the equipment has been used to commit an offence under the Act, or that an offence has been committed in connection with the plant or equipment, or where an owner or a custodian of premises where a plant is found has failed to comply with an order. S. 19: The owner or custodian of the seized property shall have custody thereof. However, the inspector may, if he considers it expedient, move the seized property to other premises for purposes of custody. The custodian shall also have custody of any seized property produced as evidence, unless the judge having received it in evidence decides otherwise. Custody of the seized property shall be maintained until it is disposed of in accordance with sections 21 to 25 or, if proceedings are instituted, until the judge disposes of it otherwise. S.20: No person may use or remove seized property or allow seized property to be used or removed except with the authorization of the inspector. Gouvernement du Québec Ministère de l'Agriculture, des Pêcheries et de l'Alimentation Plant protection CONFISCATION Receipt No. Plants ( ) (quantity, nature, species) under the custody of Minutes No. Made at on / / / / / / / (place) Year Month Day Authorized person Address Telephone N.B. S.8: If the owner or custodian fails to comply with the inspector's notice, the inspector may confiscate the plants and cause them to be destroyed at the expense of the owner or custodian. The sums involved bear interest at the rate determined under section 28 of the Act respecting the Ministère du Revenu. S.11: If the owner or custodian fails to comply with the Minister's order, an inspector may carry out the order or cause it to be carried out at the expense of the owner or custodian. An inspector may also, where an order for the destruction of plants is not complied with, confiscate the plants for destruction at the expense of the owner or custodian. The sums involved bear interest at the rate determined under section 28 of the Act respecting the Ministère du Revenu. O.C. 1366-96, Sch. I. SCHEDULE II (s. 3) Gouvernement du Québec Ministère de l'Agriculture, des Pêcheries et de l'Alimentation Plant protection SCHEDULE II (s. 3) MINUTES ( ) OF SEIZURE ( ) OF CONFISCATION Name and address of person responsible Record No. A- REASONS FOR ACTION TAKEN Considering ( ) offence report No. completed on ( ) the minutes of seizure bearing the same number and dated the same day; ( ) analysis report No. dated ( ) the destruction order dated ( ) the notice of destruction dated ( ) Concerning (name and address of person concerned) B- NATURE OF ACTION TAKEN I seized at ( ) I confiscated at ( ) (name and address of person on whose premises the seizure or confiscation is carried out) Year Month Day On / / / / / / /, at o'clock , the following plants ( ), vehicles ( ) or equipment ( ): by reason of the offence report ( ), minutes of seizure ( ), analysis report ( ), order ( ), notice of destruction ( ) or for any other reason ( ) indicated in A. C- CONFISCATION IN CASE OF REFUSAL TO DESTROY ( ) I have confiscated the following plants, due to the owner's ( ) or custodian's ( ) refusal to destroy them: D- RECEIPTS OF SEIZURE OR CONFISCATION I have affixed on those plants ( ), vehicles ( ) or equipment ( ) receipts of seizure ( ) or confiscation ( ), bearing numbers I have given custody of the object seized to (name and address of owner or custodian) who may not dispose of it or allow its removal without the consent of an authorized person. E- OTHER OBSERVATIONS Made in triplicate Submitted to (place) ( ) Attachment(s) I have personally observed the facts I have personally observed the facts and taken the action mentioned in and taken the action mentioned in ( )A ( )B ( )C ( )D ( )E ( )A ( )B ( )C ( )D ( )E Authorized person Authorized person Surname and given name Surname and given name (in block letters) (in block letters) Authorized person's No. Authorized person's No. or capacity Year Month Day or capacity Year Month Day / / / / / / / / / / / / / / Signature Signature O.C. 1366-96, Sch. II. SCHEDULE III (s. 4) Gouvernement du Québec Ministère de l'Agriculture, des Pêcheries et de l'Alimentation Plant protection SCHEDULE III (s. 4) RELEASE ( ) FULL ( ) PARTIAL Name and address of person responsible Record No. Considering the seizure, carried out on / / / / / / / (minutes No.) Year Month Day under the Plant Protection Act, of the following: (plants, vehicles, equipment) held at that time by (name and address) and presently under the custody of (name and address) Considering that, since the date of the seizure and following verification, it has been shown that, in respect of what is listed below: ( ) the plants ( ), vehicles ( ) or equipement ( ) comply with the Act; ( ) the owner ( ) or custodian ( ) has complied with the Act; ( ) the time period provided for in the Act to institute proceedings has expired; ( ) the property that was seized must be returned under another Act; Therefore, release of seizure is granted for the following property: (plants, vehicles, equipment) Made in triplicate at on / / / / / / / (place) Year Month Day (signature of authorized person) (address) (telephone) (fax) O.C. 1366-96, Sch. III. SCHEDULE IV (s. 5) Gouvernement du Québec Ministère de l'Agriculture, des Pêcheries et de l'Alimentation Plant protection SCHEDULE IV (s. 5) MINUTES OF SAMPLING Name and address of person responsible Record No. A- REASONS FOR SAMPLING AND ACTION TAKEN Considering the reasons indicated in registration minutes No. , concerning (name and address of person concerned) and dated / / / / / / /, I have taken the samples described in the Year Month Day document(s), attached hereto ( ) or delivery ( ) on / / / / / / / for Year Month Day shipping at o'clock by to ( ) the laboratory of (means of transportation) Seals are affixed to the sample containers. ( ) Project No. At the time of swabbing, the surface used is cm2 B- SAMPLING METHODS (method and procedures used - representativeness of sample, etc.) C- DESCRIPTION AND CHARACTERISTICS OF SAMPLE In addition to the record number and the name and address of the above mentioned person, I have indicated, in the document attached hereto, the data and characteristics that I have personally observed concerning each sample, in particular the site of the sampling, the sample number, the seal number, the nature of the product, the trade or brand name, the lot number, the quantity taken and, where applicable, the date of packaging of the product sampled, the "best before" date or any other indication likely to establish the authenticity of the sample taken. Made in triplicate at (place) ( ) Attachment(s) I have personally observed the facts I have personally observed the facts and taken the action mentioned in and taken the action mentioned in ( )A ( )B ( )C ( )A ( )B ( )C Authorized person Authorized person Name Name (in block letters) (in block letters) Authorized person's No. Authorized person's No. or capacity Year Month Day or capacity Year Month Day / / / / / / / / / / / / / / Signature Signature O.C. 1366-96, Sch. IV. SCHEDULE V (s. 7) Gouvernement du Québec Ministère de l'Agriculture, des Pêcheries et de l'Alimentation Plant protection SAMPLE TAG Minutes No. Sample No. (plant, equipment, soil) (owner ( ) custodian ( )) / / / / / / Year Month Day (signature of authorized person) O.C. 1366-96, Sch. V. SCHEDULE VI (s. 8) Gouvernement du Québec Ministère de l'Agriculture, des Pêcheries et de l'Alimentation Plant protection ANALYSIS REPORT Name and address of person responsible Record No. A- DATA ON SAMPLES TAKEN Project No. Minutes of sampling No. Laboratory requisition No. dated Offence report No. and signed by Seals No. Samples No. PERSON MENTIONED IN THE MINUTES: (name and address) B- DESCRIPTION OF SAMPLES TO BE ANALYZED (quantity, nature of samples, plants, equipment, soil) C- CONDITION OF SAMPLES AND SEALS UPON RECEIPT The samples shipped ( ) or delivered ( ) to the laboratory by have been received on / / / / / / / by Year Month Day in good condition, in closed containers, with unbroken seals affixed thereto, the whole in relation to the minutes mentioned above. D- BREAKING OF SEALS AND PRESERVATION OF SAMPLES BEFORE ANALYSIS I have broken the seals affixed to the containers of the samples and have sent the latter to a room to be kept there until the time of analysis. E-ANALYSIS AND OBSERVATIONS (Comments of a scientific nature in accordance with generally accepted practices) On / / / / / / /, I analyzed the samples described in B Year Month Day and, on the basis of the data and results that I have personally recorded in the document(s) attached hereto, I submit the following findings: F- CONCLUSIONS Made in triplicate at (place) ( ) Attachment(s) I have personally observed the facts I have personally observed the facts and taken the action mentioned in and taken the action mentioned in ( )A ( )B ( )C ( )D ( )E ( )F ( )A ( )B ( )C ( )D ( )E ( )F Authorized person Authorized person Name Name (in block letters) (in block letters) Authorized person's No. Authorized person's No. or capacity Year Month Day or capacity Year Month Day / / / / / / / / / / / / / / Signature Signature O.C. 1366-96, Sch. VI. O.C. 1366-96, 1996 G.O. 2, 4703 O.C. 84-2002, 2002 G.O. 2, 1389