1990 BILL 23 Second Session, 22nd Legislamre, 39 Elizabetii II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 23 AGRICULTURE STATUTES AMENDMENT ACT, 1990 THE MDSnSTER OF AGRICULTURE Fkst Readmg Second Reading Committee of die Whole Thkd Reading Royal Assent

Bill 23 BILL 23 1990 AGRICULTURE STATUTES AMENDMENT ACT, 1990 (Assented to . 1990) HER MAJESTY, by and widi die advice and consent of die Legislative Assembly of Alberta, enacts as foUows: Hail and Crop Insurance Act 1(1) The Hail and Crop Insurance Act is amended by this section.

(2) Section 7.2(l)(

a) is amended by adding "and expenses" cfter "premiums".

(3) Section 7.3 is repealed and the following is substituted: 7.3 Money advanced to the corporation under

section 7.2 shall not be used by die corporation as contiibutions by the Govemment of Alberta to tiie corporation in respect of premiums payable under contiacts of insurance entered into by the corporation unless the contiibutions are made pursuant to a federal-provincial agreement

Explanatory Notes Hall and Crop Insurance Act 1

(1) This

section will amend

chapter H-1 of tiie Revised Stamtes of Alberta 1980.

(2) Section 7.2(l)(

a) presently reads: 7.2 C7) For the purposes of enabling the corporation to meet its obligations under

Part 3. the Provincial Treasurer, on the requisition of the Minister, may from time to time advance to the corporation from the General Revenue Furui (

a) in respect of premiums, an amount that is equal to all or part of the amount or estimated amount that the Government of Canada is or will be liable to pay to the Government of Alberta pursuant to a federal-provincial agreement, arui

(3) Section 7.3 presently reads: 7.3 Money advanced to the corporation under

section 7.2 shall rwt be used by the corporation (

a) as contributions by the Government of Alberta to the corporation in respect of premiums payable under contracts of insurance entered into by the corporation, unless the contributions are made pursuant to a federal-provincial agreement, or (

b) to pay the expenses of the corporation. Explanatory Notes

Livestock and Livestock Products Act 2(1) The Livestock arui Livestock Products Act is ameruied by this section.

(2) Section 12 is ameruied (

a) by repealing subsection (3) and substituting the following:

(3) TTie Fund or any amount of the Fund may, at die dkection of the Provmcial Treasurer, (

a) be invested in bonds or debentures issued or guaranteed by die Govemment of Canada or die Govemment of Alberta, or (

b) be a participant in the ConsoUdated Cash Investinent Trust Fund. (

b) in subsection (4) by striking out "$1 000 000" and substituting "an amoimt established by the regulations".

(3) Section 15 is ameruied by adding the following after clause (g): (g.

l) estabUshing die maximum amount of die Fund for the purposes of

section 12(4); Weed Control Act 3(1) The Weed Control Act is amended by this section.

(2) Section 1(1) is amended (

a) in clause (

a) by striking out "or nuisance"; (

b) by repealing clause (

j) and substituting the following: (j) "municipal secretary" means (

i) in a city, the city clerk, (

u) in an improvement distiict or special area, die Minister of Mimicipal Affaks or an officer of die Department of Municipal Affairs designated by him, and (iu) in any odier municipaUty, die person appointed by the councU as municipal secretary;

Livestock and Livestock Products Act 2(1) This

section wiU amend

chapter L-24 of tiie Revised Stamtes of Alberta 1980.

(2) Section 12(3) and (4) presentiy read:

(3) Any amount in the Fund in excess of $50 000 may, at the direction of the Provincial Treasurer, be invested in (

a) boruis or debentures issued by the Government of Canada, or (

b) bonds or debentures guaranteed as to the payment of principal and interest by the Goverrunent of Canada or the Government of Alberta.

(4) The amount of the Fund shall not exceed $1 000 000.

(3) Section 15(

g) presently reads: 15 The Lieutenant Governor in Council may make regulations (

g) respecting the terms and conditions of a payment from the Fund; Weed Control Act 3(1) This

section will amend

chapter W-6 of tiie Revised Stamtes of Alberta 1980.

(2) Section l(l)(

a) and (

j) presently read: 1(1) In this Act. (a) "control" means, with reference to a noxious or nuisance weed, to (

i) carry out measures designed to inhibit propagation of the weed, (ii) destroy the weed, or (iii) carry out measures prescribed by an inspector for the control of the weed; (j) "municipal secretary" means Explanatory Notes

(

c) by adding the following after clause (p): (p.l) "rural municipality" means a county, municipal disttict, improvement distiict or special area; (

d) by adding the following after clause (q): (q. 1) "subdivided land" means a parcel of land not exceeding 20 acres in area that is described in a certificate of titie issued under the Land Titles Act; (q.2) "urban municipality" means a city, town, new town, village or summer village;

(3) Section 12(3) is repealed and the following is substituted:

(3) Except in the case of restticted weeds, no notice shall requke the destiuction of more than 20 acres of growing crop without the written consent of the local autiiority of the municipaUty in which the land is located.

(4) An inspector may give a notice requiring the destmction of restricted weeds or tiie contiol of noxious weeds in die next foUowing year and that notice shall have the same effect as if it were a notice given under subsection (1) in the year in which the work is to be done.

(4) The following is added after

section 12: 12.1(1) A local autiiority may on or before July 31 in any year give a general notice tt) the owners or occupants of subdivided land within the municipality to destroy restricted weeds and noxious weeds that are located on thek land.

(2) A notice given under subsection (1) may contaki dkections setting out die metiiods by which and die time period widiin which the weeds are to be destroyed.

(

i) in the case of a city, the official designated by the local authority to carry out any of the duties of a municipal secretary, (ii) in the case of an improvement district or special area, the Deputy Mirtister of Municipal Affairs or an officer of the Department of Municipal Affcurs desigruited by him, (iii) in the case of a county, the county administrator, or (iv) in the case of any other municipality, the secretary- treasurer;

(3) Section 12 presendy reads: 12(1) An inspector who finds any restricted weeds or rwxious weeds in or on any land, premises, vehicle, standing crop, hay, grain, fodder, machine, grain elevator, crop processing plant or equipment shall, in the case of restricted weeds, arui may, in the case of noxious weeds, give a notice in writing (

a) in the case of larul, to the occupant or, if the land is urwccupied. to the owner, cmd (

b) in the case of personal property, to the owner to destroy the restricted weeds or control the rwxious weeds.

(2) A rwtice under subsection (1) may include a direction to destroy crops containing restricted or rwxious weeds if the destruction of crops is necessary, in the inspector's opinion, in order to destroy the restricted weeds or control the rwxious weeds.

(3) A rwtice under subsection (1) shall set out the time arui methods by which the weeds or crops are to be destroyed or controlled, and the methods may include systems of tillage, cropping or management that the inspector considers constitute good agricultural practice for the land and district concerned.

(4) General notice. Explanatory Notes

(3) Nodikig in diis

section shaU be constiued so as tt) Umk die giving of a notice under

section 12 tt) a person who was given a general notice under diis section.

(5) Sections 14 and 15 are repealed and the following is substituted: 14 Subject to

section 12.1, a notice under diis Act shall set out the metiiods by which and die time period within which die weeds or crops are to be desttoyed or contioUed. 15 The metiiods by which weeds or crops are to be destioyed or contioUed may include systems of tillage, chemical conttol or odier management practice diat die inspectt)r considers to be good agricultural practice for the land and disttict concemed.

(6) Section 16 is repealed arui the following is sidjstituted: 16(1) An owner or occupant of land who receives a notice under diis Act shall, subject to any right of appeal given by diis Act, carry out die actions requked under the notice.

(2) Subject tt)

section 28, if a person fails to comply with a notice given by an inspector under

section 12 or 12.1, the inspector or a person designated by the inspector may carry out, by any means diat is consistent with good agricultural practice, die action that is requked to be carried out under die notice.

(7) Section 18 is repealed and the following is sid)stituted: 18 Notwithstanding anything in diis Act, an inspector for a rural municipaUty has concurrent jurisdiction under this Act widi an inspector for an urban municipality in respect of a seed cleaning plant, grain elevator, farm produce processing plant.

(5) Sections 14 and 15 presently read: 14 An inspector nuiy give a rwtice requiring the destruction of restricted weeds or the control of noxious weeds in the next following year and that rwtice shall have the same effect as if given in the year in which the work is to be done. 15(1) In this section, "selective herbicide" means a herbicide commonly used for the control or destruction of weeds in growing crops arui registered for that purpose under the Pest Control Products Act (Canada).

(2) Except in the case of restricted weeds, no rwtice shall require the destruction of more than 20 acres of growing crop without the written consent of the local authority of the municipality in which the land is located.

(3) Notwithstanding sidfsection (2), an inspector may (

a) spray with a selective herbicide, or (

b) direct the spraying with a selective herbicide of an area in excess of 20 acres without the prior written consent of the local authority.

(4) A selective herbicide applied uruier subsection (3) shall be applied pursuant to the regulations and to the Agricultural Chemicals Act and regulations uruier that Act.

(6) Section 16 presently reads: 16 If a person fails to comply with a notice given by an inspector under

section 12(1) or 14 the inspector nuiy. subject to

section 30. cause the acts required to be done under the notice to be carried out by any means consistent with good agricultural practice.

(7) Section 18 presently reads: 18(1) In this section, (a) "rural municipality" means a county, municipal district, special area or improvement district; 4 Explanatory Notes

auction market, farm implement stt)rage lot or feed or fertUizer plant diat is located in the urban municipality if the urban municipaUty is completely bounded by the rural municipaUty.

(8) Section 19 is repealed.

(9) Section 20(4) is amended by striking out "$500" and substituting "$1000".

(10) Section 21 is repealed and the following is substituted: 21

(1) A notice given by an inspector under this Act shall be in the form prescribed by die regulations.

(2) A notice referred to in subsection (1) shall be served on the person to whom it is addressed (

a) by being deUvered personaUy to the person who is intended to be served, (

b) by being left with a person apparendy over the age of 18 years at die dwelUng place or place of business of the person who is intended to be served, or

(b) "urban municipality" means a city. town, new town, village or summer village.

(2) Notwithstanding anything in this Act, an inspector for a rural municipality has concurrent jurisdiction uruier this Act with an inspector for an urban municipality in respect of a seed cleaning plant, grain elevator, farm produce processing plant, auction market, farm implement storage lot or feed or fertilizer plant that is located in the urban municipality, if the urban municipality is completely bounded by the rural municipality.

(8) Section 19 presently reads: 19(1) In this section, "subdivided larul" means a parcel or lot of 20 acres or less that is shown on a certificate of title issued under the Larul Titles Act.

(2) A local authority may, on or before June 30 in any year, give a rwtice to the owners or occupiers of subdivided land within the municipality to destroy restricted weeds or control noxious weeds within the time specified in the notice.

(3) A notice may be given under subsection (2) by forwarding it by regular post to the owners or occupants of the subdivided land to which the rwtice relates at their last known address as shown on the assessment roll of the municipality.

(4) If an owner or occupant fails to comply with a rwtice given to him under subsection (2). the local authority nuiy direct an inspector to carry out the terms of the notice.

(9) Section 20(4) presently reads:

(4) A person to whom a stop order is directed and who fails to comply with the order forthwith on service of a copy of it on him or subsequently, is guilty of an offence and liable to a fine of not more them $500 for each day that the offence continues.

(10) Section 21 presently reads: 21 A rwtice given by an inspector under this Act shall be in the form prescribed by the regulations and shall be served on the person to whom it is addressed (

a) by delivering it personally to that person, (

b) by leaving it with a person apparently over the age of 18 years at the dwelling place or place of business of the person to whom it is addressed, Explanatory Notes

(

c) by being sent by double registered mail or certified mail to the last known address of die person who is intended to be served as shown on the assessment roll of die municipaUty widiin which die land or property to which k relates is situated.

(3) If, in the opinion of the inspecttir, service under subsection (1) cannot reasonably be effected, the inspecttir may post the notice or a copy of the notice in a conspicuous place on the land or property to which the notice relates, or on the private dweUing place of the person who is intended to be served.

(4) Notwithstanding subsection (2), a notice given under

section 12.1 may be served on the owner or occupant of subdivided land by forwarding die notice by regular post to tiie owner or occupant of the subdivided land to which the notice relates at, as the case may be, the owner's or occupant's last known address as shown on the assessment roll of die municipaUty in which the subdivided land is situated.

(11) Section 27 is amended (

a) in subsection (1) by striking out ", 17(3) or 19(4)" and substituting "or 17(3)"; (

b) by adding the following after subsection (2):

(2.1) The expenses incurred in issuing and enforcing a notice under diis Act may, at the dkection of the inspector, be included in determining the amount of the expenses referred to in subsection (1). (

c) in subsection (3)(

b) by striking out ", 17(3) or 19(4)" and substituting "or 17(3)"; (

d) in subsection (4) by adding "and die cost of collecting the amount owing" after "for die amount owing".

(

c) by sending it by double registered mail or certified mail to the last known address of the person to whom it is addressed as shown on the assessment roll of the municipality in which the land to which the notice relates is situated, or (

d) if. in the opinion of the inspector, service under clause (a), (

b) or (

c) cannot reasonably be effected, by posting it in a conspicuous place on the land referred to in the notice.

(11) Section 27 presently reads: 27(1) If expenses are incurred by an inspector appointed uruier

section 5 in the carrying out of any work under

section 13(1). 16. 17(3) or 19(4), the municipal secretary shall serve a statement of the expenses and a demand for payment of them on the owner of the larul in respect of which the work was carried out.

(2) The statement and demand under subsection (1) shall be served in the same manner as a notice is served under

section 21.

(3) If (

a) in the case of work carried out under

section 13(1), the owner fails to file a rwtice of dispute with the municipal secretary uruier subsection (4), or (

b) in the case of work carried out under

section 16,17(3) or 19(4), the owner fails to pay the amount set out in the statement within 30 days of receiving the statement, the municipal secretary shall immediately cause the amount owing to be placed on the tax roll as an cuiditional tax against the land concerned and it shall be collected in the same manner as taxes.

(4) If a statement and demand for payment is served for work carried out under the authority of

section 13(1), the owner may file with the municipal secretary, within the 30-day period referred to in subsection (3), a notice of dispute denying his liability for the expenses or disputing the amount owing, and the Explanatory Notes

(12) Section 28 is amended (

a) by repealing subsection (1) and substituting the following: 28(1) A person who (

a) has an interest in land as an owner or occupant, and (

b) considers himself aggrieved by a notice that relates tt) tiie land and that is given by an inspectt)r under

section 12, 12.1 or 17(1), may appeal to the local authority of the municipality in which that land is located by fiUng a notice of appeal under this section. (

b) in subsection (3) by striking out "15" and substituting "10"; (

c) by repealing subsections (4) to (8) and substituting the following:

(4) A notice of appeal shall be accompanied by a deposit in an amount prescribed by the regulations.

(5) The deposit made under subsection (4) shaU be refunded if the appellant is successful in his appeal under this

section or in a review under

section 29.

(6) A local authority shall at the beginning of each calendar year appoint a committee to hear and determine appeals under this

section and on receipt of a notice of appeal a local autiiority shall refer the appeal to that committee.

(7) Widiin 5 days from the day of receipt of a notice of appeal, the committee shall hear and determine the appeal and the committee may confirm, rescind or vary the notice that was issued.

(8) The municipal secretary shall, on determination of the appeal, send a copy of die decision together widi the written reasons, if any, tt) the appellant by double registered mail or certified mail.

local authority may thereafter proceed against that person only by action for the amount owing.

(12) Section 28 presently reads: 28(1) A person who (

a) has an interest in land as an owner or occupant, and (

b) considers himself aggrieved by a notice given by an inspector under

section 12, 14 or 17(1) that relates to the land may appeal to the local authority of the municipality in which that land is located by filing a notice of appeal under this section.

(2) A notice of appeal shall be in writing and shall set out (

a) the name and address of the appellant, (

b) a copy of the notice in respect of which the appeal is being taken, (

c) the legal description of the land affected, and (

d) the grounds for appeal.

(3) A notice of appeal shall be delivered personally or sent by double registered mail or certified mail to the municipal secretary, within the time specified in the notice for doing the thing required by the rwtice or 15 days, whichever is less.

(4) A notice of appeal shall be accompanied by a deposit of $50 which shall be refunded if the appellant is successful in his appeal under this

section or in a review under

section 29.

(5) Ifthe local authority appealed to is the Minister of Municipal Affairs he shall, within 30 days of receipt of the rwtice of appeal, appoint a committee to hear and determine the appeal.

(6) If the local authority appealed to is a body other than the Minister of Municipal Affairs it shall, within 30 days of receipt of the notice of appeal, hear and determine the appeal or appoint a committee to hear and determine it.

(7) The local authority or committee may confirm, rescind or vary the notice that was given.

(8) The municipal secretary shall, on determination of the appeal, send a copy of the decision together with the written reasons, if any, by double registered mail or certified mail to the appellant. Explanatory Notes

(13) Section 29 is amended (

a) in subsection (1) (

i) by striking out "local autiiority or"; (ii) by striking out "7" and substituting "3"; (

b) in subsection (2) by striking out "local authority or".

(14) Section 31 is repealed and the following is substituted: 31 An occupant of land, or if the land is unoccupied, die owner of the land, shaU as often as is necessary (

a) destixiy aU restiicted weeds located on die land tt) prevent the spread, growtii, ripening or scattering of tiie restiicted weeds, (

b) control in accordance widi tiiis Act and the regulations aU noxious weeds located on die land tt) prevent the spread, growth, ripening or scattering of the noxious weeds, and (

c) prevent the spread or scattering of nuisance weeds.

(15) Section 38 is repealed and the following is substituted: 38 A person who contiavenes this Act or the regulations is guUty of an offence and Uable to a fine of not more than $5000 and in default of payment to a term of imprisonment of not more than 60 days.

(16) Section 40 is amended by adding the following cfter clause (c): (c.

l) prescribing the amount of a deposit to be made under

section 28; (c.2) respecting seed and labeUing of seed sold or used in Alberta;

(17) An appeal commenced under

section 28 of the Weed Control Act before subsection (12) of this

section comes into force shall be dealt with as if subsection (12) had not come into force.

(18) The Seed Control Areas Act is repealed.

(13) Section 29 presendy reads: 29(1) An appellant who is dissatisfied with the decision of a local authority or committee under

section 28 may, within 7 days after he receives a copy of the decision, request a review of the decision or any part of it by the Minister.

(2) The Minister may confirm, rescind or vary the decision of the loccd authority or committee.

(14) Section 31 presently reads: 31 An occupant of land or, ifthe land is unoccupied, the owner of the Icmd. shall destroy all restricted weeds growing or located on the land as often as is necessary to prevent the spread, growth, ripening or scattering of the restricted weeds.

(15) Section 38 presendy reads: 38 A person who contravenes

section 26(2), 31, 32, 33, 34, 35, 36 or 37, the regulations, a final decision of a local authority or committee under

section 28 or a decision of the Minister under

section 29 is guilty of an offence and liable to a fine of not less than $50 or more than $500.

(16) Section 40 presently reads in part: 40 The Minister nuiy make regulations (

a) designating plants as restricted, noxious or nuisance weeds, generally or in respect of any part of Alberta; (

b) respecting qualifications of inspectors; (

c) respecting the content and use of forms;

(17) Transitional.

(18) Consequential; repeals

chapter S-8 of tiie Revised Stamtes of Alberta 1980. Explanatory Notes

Commencement 4 This Act comes into force on Proclamation.

Commencement 4 Coming into force. Explanatory Notes Title: 1990 (22nd 2nd) Bill 23, Agriculture Statutes Amendment Act, 1990