P-42.1 - Crop Health Protection Act

Section 14 Disposition versions

2008-06-12

14. An inspector who has reasonable cause to believe that plants, substrates or other property are liable to spread a harmful organism to a commercial crop may order the owner or custodian to implement and pay for the phytosanitary measures the inspector specifies.

Before issuing an order, the inspector must inform the person concerned of the inspector’s intention to do so, specifying the grounds on which it is based, and give the person an opportunity to submit observations.

The order must be issued in writing, set out the inspector’s reasons and refer to any document the inspector took into consideration; it must also inform the person concerned that a copy of such documents may be requested. The order takes effect on the date of notification or on any later date specified in the order.

The second paragraph does not apply if, in the opinion of the inspector, urgent action is required or there is a danger of irreparable damage being caused. In such a case, a person notified of an order may, within the time specified in the order, submit observations with a view to having the inspector reconsider it.

If the person to whom the order applies refuses or neglects to comply with it, the inspector may personally carry out the order or have it carried out at the expense of that person. The sums involved bear interest at the legal rate from the time as of which they were payable.

The carrying out of measures prescribed by the inspector does not give rise to claims for damages, except in cases of bad faith.

2008, c. 16, s. 14.