P-42.1 - Crop Health Protection Act

Section 24 Disposition versions

2008-06-12

24. If a harmful organism or invasive exotic species constitutes a threat to commercial crops in a zone the Minister determines, the Minister may, on the ground of urgency, order the owners or custodians of plants, substrates or any other property located in that zone and liable to spread the organism or species to implement and pay for the phytosanitary measures the Minister specifies.

The order must be issued in writing, set out the Minister’s reasons and refer to any document the Minister took into consideration. 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 Minister, urgent action is required or there is a danger of irreparable damage being caused. In that case, a person notified of an order may, within the time specified in the order, submit observations with a view to having the Minister reconsider it.

If the person to whom the order applies refuses or neglects to comply with it, the Minister may have the order 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 Minister does not give rise to claims for damages, except in cases of bad faith.

2008, c. 16, s. 24.