Bill 67 (Legislature 11, Session 5)

L11 S5 6864

Alberta — Bills

Bill No. 67 of 1952. A BILL TO AMEND THE NOXIOUS WEEDS ACT. NOTE. This Bill amends The Noxious Weeds Act, being

chapter 83 of the Revised Statutes of Alberta,

Section 9 is struck out and a new

section is substituted. The effect of this amendment is to provide weed inspectors with authority to direct the destruction of noxious weeds or weed seeds by the particular means which the inspector deems advis'able. Except for redrafting the old

section to divide it into three subsections the amendment does not otherwise effect ·any new changes in the law.

Section 15 is struck out and a new

section substituted. Subsection (1) conforms in wording with the powers actually conferred by the Act upon an inspector. Subsection (2) provides that where an inspector directs the use of or uses a chemical spray for the purpose of destroying noxious weeds or weed seeds he may do so over a greater area than five acres without obtaining the prior consent in writ ing of the Field Crops Commissioner, a requirement laid down by subsection (1) where the destruction of crops containing noxious weeds or weed seeds affect an area of five acres.

Section 16a is added to the Act. Where damage is caused by the reasonable exercise of a duty, power, function or discretion conferred upon a person by this Act, that person will not be liable for such damage. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

Section 9 a.mended Notice to destroy noxious weeds or weed seeds Destruction of noxIous weeds or weed seeds by inspector

Section 15 amended Where consent of Field Crops Commission er required BILL No. 67 of 1952.

An Act to amend The Noxious Weeds Act. (Assented to , 1952.) HER MAJESTY, by and with the advice and consent of . the Leg'islative Assembly of the Province of Alberta, enacts as follows: 1. The Noxious Weeds Act, being

chapter 83 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 9 is struck out and the following is substituted: "9.

(1) Where any Class A or Class B noxious weeds or weed seeds are found,- "(a,) upon any occupied or unoccupied land; or " (

b) in any building other thana dwelling house; or ., (

c) in or upon a vehicle, farm machinery or other equipment not in a dwelling ho.use; an inspector may give notice in writing to a person who is under the duty imposed by this Act to prevent their growth, to destroy them and any crops containing such noxious weeds or weed seeds, and the inspector may direct their destruction by any means he may deem advisable, on or before a day to be named in the notice. "

(2) If, after the day named in the notice, the noxious weeds or weed seeds are not destroyed, the inspector o.r a person duly authorized by him, may destroy them and any crops containing such noxious weeds or weed seeds . . ,

(3) For the purpose of destroying Class A or Class B noxious weeds or weed seeds or any crops containing the noxious weeds or weed seeds, the inspector ora person duly authorized by him, may ado.pt such means as the inspector may deem advisable.".

Section 15 is struck out and the following is sub- stituted: ~ : "15.

(1) Where more than five acres of crop are likely to. be affected, the powers conferred on an inspector by this :\ct to direct the destruction 'Of or to destroy crops contain Ing Class A or Class B noxious weeds or weed seeds shall not be exercised unless the Field Crops Commissioner in each case consents in writing to the exercise of the powers by the inspector.

2 "

(2) Notwithstandi~g subsection (1), an inspector, for the purpose of destroYIng Class A or Class B noxious weeds or weed seeds, may direct the chemical spraying or may chemically spray an area in excess of five acres without the prior consent in writing of the Field Crops Commissioner.". Li. The following new

section is added immediately after Neft 16

section 16: sec on a "16a. No liability shall attach to an inspector or a mu- Liability for . l·t b f d . . t f th damage nicIpa I Y Y reason 0 any amage arIsIng ou 0 e reasonable exercise of a duty, power, function or discretion conferred upon the inspector or municipality by this Act.". 5. This Act shall come into force on the day upon which Coming Into force it is assented to.

No. 67. FIFTH SESSION ELEVENTH LEG~LATURE 1 Elizabeth II 1952 BILL

An Act to amend The Noxious Weeds Act. Recei ved and read the First time .... Second time ............... . Third time ........................................ . HON. MR. URE. Title: 1952 (11th, 5th) Bill 67,

An Act to amend The Noxious Weeds Act

Document details

Collection	Alberta — Bills
Citation	L11 S5 6864
Type	bill
Volume / chapter	L11 S5 6864
Language	en
Format	json
Source	PROVINCIAL
Identifier	53ba04bd5d59da44c73b48b9f98f959e208692fb

Source file is stored in the law ingest library (json).