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Simon Shields,
LLB

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Wild Animal Law of Canada

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Plant Protection Act (Newfoundland)

(current to 01 May 2016)

Note Re Application of the Plant Protections Act ('PlantPA')

The PlantPA applies within the province of Newfoundland and Labrador. It has application to animals only insofar as they meet the definition of "pest", which includes "an .... animal organism ..... causing or capable of causing injury or damage to a vegetable, a part, product or by-product of a vegetable or a plant material or that which constitutes a biological obstacle to the control of a pest" [PPA s.2(g)].
The full current text of this legislation (including regulations) may be viewed at the Newfoundland statute website.

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The PPA prohibits the following activities respecting a "plant, container, soil, machinery, equipment or vehicle" infected or infested with pests [PPA s.3] :
  • bringing them into the province,

  • transporting them within the province for any purpose other than destruction, and

  • having, exchanging or selling (or offering to do so), or otherwise disposing of them.
Persons suspecting pest infection or infestation of plants within their "possession or charge or keeping" must immediately report it to the Minister of Agriculture, with details of it's origin [PPA s.5].

Inspectors finding pests in nurseries, orchards or other collections of plants and may recommend to the Minister of Agriculture that infected or infested plants and items be treated or destroyed, which the Minister may so order - along with other measures to protect "human, animal or plant health and safety or to protect the environment" [Control of Nurseries and Dealers in Nursery Stock Regulations ('CNDNS Regs'), s.5].

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