Plant pests, plants and plant products
- Document symbol
- G/LIC/N/3/CAN/22
- Original language
- English
- Published on
- 01/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
A permit to import outlines phytosanitary conditions which must be met prior to export from the country of origin, during export and upon arrival in Canada. These conditions are required to prevent the introduction or spread within Canada of plant pests.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
In accordance with Section 31 of the Plant Protection Regulations and pursuant to the Plant Protection Act, a prospective importer must apply in writing for an import permit. According to section 32 and section 43 of the Plant Protection Regulations, the Minister of Agriculture and Agri Food, on the basis of a pest risk assessment, may issue a permit for the importation of a thing that is either a plant pest, constitutes or could constitute a biological obstacle to the control of a plant pest or is/could be infested with either a plant pest or a biological obstacle to the control of a plant pest if, the Minister determines that every precaution necessary can and will be taken to prevent the introduction into Canada or the establishment and spread within Canada of a plant pest or biological obstacle to the control of a plant pest.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to plant pests (e.g., pathogens, insects, weeds, molluscs), plants and plant products and any other article whose importation into Canada is regulated under the Plant Protection Act and Regulations.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The permit system is not intended to restrict the quantity or value of imports. The purpose of the import permit system is to ensure that plant pests, plants and plant products and other articles regulated under the Plant Protection Act and Regulations imported in Canada conform to Canada's plant protection phytosanitary import requirements. The permit system is one measure used to reduce the risk of introduction into and spread in Canada of pests injurious to plants.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The permit system is legislated and regulated under the Plant Protection Act and the Plant Protection Regulations. The permit system is statutorily required. The determination that a product needs a permit is based on the assessment of the phytosanitary risk it poses. Lastly, it is not possible for the government to abolish the system without a regulatory amendment.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
An importer must obtain a valid import permit prior to importation. Once application for a permit is made with all required information and a review of the application has been completed, the CFIA will endeavour to issue a Permit to Import between five to ten business days (subject to change).
The Canadian Food Inspection Agency will not issue an import permit for regulated commodities that have already arrived in Canada. This is because an import permit is not retroactive.
Q7.b. Can a licence be granted immediately on request?
No. An application cannot be granted immediately upon request as it must be subject to a pest risk review.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No, there are no limitations as to the period of the year in which an application for a permit to import can be submitted.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Yes. All applications for a permit to import are sent to and approved by one administrative body. All applications are sent to the Centre of Administration, Regulatory Permissions and Registration Division, National Service Centres Directorate of the Canadian Food Inspection Agency. However, some commodities may be regulated by other governments departments and may be subject to other requirements.
Note: The Centre of Administration of the Canadian Food Inspection Agency delivers and coordinates the full range of operational administrative services required for import related permissions under this section (http://inspection.gc.ca/about-the-cfia/permits-licences-and- approvals/eng/1395348112901/1395348237219).
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
The plant protection import permit may be refused on the grounds that the plants, plant products or other matter intended for importation will result or is likely to result in the introduction into Canada of a plant pest. A permit can also be refused or revoked if a person has contravened the Act and/or Regulations. The importer is advised of the refusal or revocation. The Plant Protection Act or Plant Protection Regulations do not prescribe an appeal procedure in cases where a permit is refused or revoked.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
An applicant for a Permit to Import must be one of the following: 1) a Canadian citizen or permanent resident; 2) a person authorized under the laws of Canada to reside in Canada for a period of six months or more and who will have possession, care or control of the thing to be imported; or 3) in the case of a corporation with a place of business in Canada, the applicant must be an agent or officer of the corporation who resides in Canada.
Note: The CFIA will not accept applications for Permits to Import submitted by brokerage firms on behalf of their clients. The actual Canadian importer (person/company) must submit the application.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
An application for a permit shall be in writing, signed and dated by the person applying for the permit and contain the following information:
(a) The name, complete address and telephone number of the person;
(b) The name, complete address and telephone number of the owner of the thing to be imported, if different from paragraph (a);
(c) The name and complete address of the exporter;
(d) A description and the common and scientific names of the thing;
(e) The quantity of the thing;
(f) The purpose for which the thing is to be admitted into Canada;
(g) The place of entry and the location of the place of destination of the thing in Canada;
(h) The country and place where the thing was propagated or produced, and the country and place from which it was shipped to Canada;
(i) The number of packages, if sent by mail or courier service; and
(j) 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.
Q11. What documents are required upon actual importation?
The documents (e.g., phytosanitary certificate, certificate of inspection, certificate of treatment, certificate of origin, affidavit, etc.) specified on the permit are required at the time of importation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Fees for each permit application can range between CAN$15 and CAN$250, depending on the reason for importation and the need for a pest risk assessment.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no deposit or advance payment that is required or associated with the issuance of a permit. However, full payment is required before a permit can be issued.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Permits to import are valid for the period of time specified on the permit. The permit to import is valid for multiple shipments and unlimited quantities unless otherwise specified. When a permit has expired, it is the responsibility of the importer to apply for a new permit.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a permit or a portion of a permit
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import permits are not transferable between importers
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The issuance of an import permit is only subject to the provisions of the Plant Protection Act and Regulations. There may be requirements under other Canadian legislation that also apply.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Generally, there are no other administrative procedures apart from the import permit application procedures.