Bill 102 (Legislature 11, Session 5)

L11 S5 6899

Alberta — Bills

Bill No. 102 of 1952. A BILL TO AMEND THE SEED-CONTROL AREAS ACT. NOTE. This Bill amend The Seed-Control Areas Act, being

chapter 15 of the Statutes of Alberta, 1948. Two new subsections are added to

section 9 and seven new sections are added immediately after

section 9. The Act provides for the formation of seed control areas upon petition of the residents for the purpose of growing particu lar kinds or varieties of seeds. This necessitates the prohi bition of the growing of certain other designated kinds or varieties of seeds or crops within the seed-control area. A person who grows a prohibited seed or crop is guilty of an offence and subject to a fine but this in itself is not effective to protect the authorized varieties of seed grown in the area.

The new sections added are similar to those contained in The Noxious Weeds Act and they provide that prohibited seeds or crops in a seed-control area will be treated in a manner similar to noxious weeds under The Noxious Weed8 Act. Under the added provisions the seed-control committee can give a notice requiring the occupier of land to prevent the blossoming or maturing of the prohibited seed or crop. If he fails to do so the Field Crops Commissioner may direct the cutting or destruction of the prohibited seed or crop at the expense of the seed-control committee.

The expendi tures of the committee may be collected as a debt or may be added to the taxes of the occupier of the land. An appeal is provided from the actions of the seed-control committee to the Minister of Agriculture who is given broad power to hear and determine any matter in dispute. 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.) .

BILL No. 102 of 1952.

An Act to amend The Seed-Control Areas Act. (Assented to , 1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Seed-Control Areas Act, being

chapter 15 of the Statutes of Alberta, 1948, is hereby amended.

Section 2 is amended by adding immediately after

Section 2 clause (

a) the foll'Owing new clause: amended "(aa) 'municipality' means any city, town, county, village, "municipal municipal district, improvement district or special ity" area ;".

Section 9 is amended,- (

a) by renumbering the

section as subsection (1) ; (

b) by adding immediately after supsection (1) the fol lowing new subsections: "

(2) If a person fails to comply with subsection (1) the committee, with the approval of the Field Crops Commissioner, may give that person a notice in writing requiring him to take action within seven days of the receipt of the notice to prevent the blossoming or maturing of the prohibited seed or crop. "

(3) The notice may be delivered pers'Onally or m·ay be mailed by double registered mail.".

Section 9 amended 4. The following new sections are added immediately New ft t · 9 . sections a er sec Ion . 9a to 9g "9a. Where a person has failed to take the required ~cl~sive action within seven days of the receipt of a n'Otice under ti~~ ro~c

section 9, the committee shaH advise the Field Crops Com- ~~~3i~~ed missioner of the failure to comply with the notice, and the crop Field Crops Commissioner may direct the cutting or de struction of the prohibited seed 'Or crop at the expense of the committee, and f'Or that purp'Ose a person authorized by the Field Crops Commissioner may enter upon the land of the ·person failing to comply with the notice. "9b. All expenditures incurred by the committee in con- Recovery of nection with the cutting or destruction of the prohibited seed ~~~::dl or crop shall be a debt payable on demand to the committee incurrr~ by by the person to whom the notice was given, and may be comm ee

Unpaid expendi tures recoverable as taxes Appeal Notice of appeal Extension of time for destroying prohibited seed or crop Hearing of appeal 2 recovered either by suit brought in a court of competent j urisdicti<:m in the name of the committee, or by distress upon the goods and chattles of the person to whom the notice was given. "9c. Where the expenditures incurred by the committee have been demanded from the person to whom the notice was given and all or a part remains unpaid at the fifteenth day of December next after the making of the expendi tures,- "(

a) the committee may notify the municipality within which the parcel of land is situate of the amount remaining unpaid in respect of that parcel; and "(

b) the proper officer of the municipality shall add the amount to and it shall form part of the ordinary municipal taxes levied against the parcel; and " (

c) the municipality shall pay the said amount to the committee. "9d ..

(1) A person who is interested as owner or mortga gee in a seed or crop, or parcel of land affected by a notice given under

section 9 or by any action, proceeding or mat ter that does or can result therefrom or that is or may be taken in connection therewith may appeal to the Minister of Agriculture. "

(2) The notice of appeal shall be in writing and shall set out,- " (

a) the name and address of the appellant; " (b) ,the l'Ocation of the seed or crop or parcel of land; " (

c) the nature of his interest in the seed or crop or parcel 'Of land; "(

d) a description of the notice or the action, proceeding or matter resulting therefrom or in connection therewith, in respect of which the appeal is taken; " (

e) the grounds of appeal. "ge. The Minister of Agriculture or a person delegated on his behalf may ~orthwith,- " (

a) extend the time for taking the action required by the notice; " (

b) order the committee not to cut or destroy the seed or crop or part thereof either absolutely or before a time fixed by him. "91. The Minister of Agriculture or a person delegated on his behalf shaH,- "(

a) fix a time and place for the hearing of the appeal, which place may be on the parcel affected by the notice; and " (

b) give such notice thereof to the appellant, the com mittee, and to such other persons as he deems proper, in such m·anner as he may determine; "(

c) hear and determine the appeal at the time and place so fixed.

3 "9g.

(1) The Minister of Agriculture or a person dele- Orideirtof f ted h ' hIM n s er 0 ga on IS be a f may make an order ,- Agricul- " (

a) confirming, varying or setting aside the notice or ture extending the time for the taking of the required action; " (

b) authorizing or prohibiting the cutting or destruc ,tion of all or part of the seed or crop by the com mittee; " (

c) fixing the amount of the expenditures incurred by the committee which constitute a debt for the pur Po.ses o.f

section 9b or 9c; ., (

d) providing for any other matter or thing which he deems just and proper ha ving regard to all the circumstances of the case, "

(2) The decision of the Minister of Agriculture and any No appeal order made by him upon the appeal shall be binding and ~1~~ o1eci- conel usi ve u"pon the parties thereto and there shall be no. AMiniisteltr of gr cu ure further appeal therefrom,", 5. This Act shall come into force on the day upon which Coming" into it is assented to. force

No. 102. FIFTH SESSION ELEVENTH LEGISLATURE 1 Elizabeth II 1952 BILL

An Act to amend The Seed-Control Areas Act. Recei ved and read the First time ...................................... , .. . Second time ....................................... . Third time ......................................... . RON. MR. URE. Title: 1952 (11th, 5th) Bill 102,

An Act to amend The Seed-Control Areas Act

Document details

Collection	Alberta — Bills
Citation	L11 S5 6899
Type	bill
Volume / chapter	L11 S5 6899
Language	en
Format	json
Source	PROVINCIAL
Identifier	71311fc1cc68865b2c064e77573af0db823dfbdf

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