Bill 230 — Second Session, 24Th Legislature, 47 Elizabeth Ii the Legislative Assemb Ly of Alb Erta B Ill 230 D U Tc H Elm D Isea Se A C T (Legislature 24, Session 2)

L24 S2 1033

Alberta — Bills

1998 BILL 230 Second Session, 24th Legislature, 47 Elizabeth II THE LEGISLATIVE ASSEMB LY OF ALB ERTA B ILL 230 D U TC H ELM D ISEA SE A C T MR. WHITE First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 230 Mr. White B ILL 230 1998 D U TC H ELM D ISEA SE A C T (Assented to , 1998) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: D efinitions 1 In this Act, (a) “Dutch Elm Disease” means the disease caused by the fungus Ceratocystis Ulmi; (b) “elm tree” means a tree of the Ulmus species; (c) “inspector” means a person appointed as an inspector under this Act; (d) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act. P rogram s and control m easures 2(1) The Lieutenant Governor in Council may make regulations (

a) prescribing programs or measures for the control of Dutch Elm Disease; (

b) prescribing forms for use under this Act and the regulations; (

c) respecting any matter necessary for carrying out the intent and purposes of this Act and the regulations.

(2) A program or measure under subsection (1) may be prescribed 1

for the whole province or any part of the province.

(3) A program or measure prescribed under subsection (1) may provide for (

a) the application of disinfectants or other preventive or curative treatments to trees infected or in danger of becoming infected by Dutch Elm Disease; (

b) the removal and disposal, and the manner of doing so, of any tree or wood infected or in danger of becoming infected by Dutch Elm Disease; (

c) the planting of such varieties of trees which in the opinion of the Minister are not susceptible to Dutch Elm Disease, to replace elm trees removed or likely to require removal because of Dutch Elm Disease or for any other reason. E xpense of im plem entation 3 A person required to implement a program or measure prescribed under

section 2(3)(

a) or (

b) may be required to do so at his own expense. K eeping or selling infected tree prohibited 4(1) In this

section “kiln dried" means dried mechanically to a moisture content of 18% or less.

(2) No person shall (

a) have or keep, for the purposes of sale or otherwise, (

b) exchange or sell or offer for exchange or sale, or (

c) transport, except in the course of the removal and disposal thereof in a manner prescribed in a regulation under

section 2 or specified in an order under

section 7, any tree infected with Dutch Elm Disease, or any wood of an elm tree on which any bark remains and that has not been kiln dried or otherwise treated in a manner satisfactory to the Minister. E xem ptions 5 The Lieutenant Governor in Council may exempt certain persons or categories of persons specified in the regulations from (

a) any program or measure prescribed under

section 2, 2

(

b) any provision of

section 4, or (

c) any other provision of this Act or the regulations. A ppointm ent of inspectors 6(1) The Minister may appoint any persons he considers proper as inspectors who shall enforce this Act and the regulations.

(2) An inspector may, at all reasonable times and for the purpose of enforcing any provisions of this Act or the regulations, enter any place or premises, not being a dwelling place, or any vehicle where the inspector has reason to believe that an elm tree or any wood from an elm tree is located, stored or being transported.

(3) Where in the course of an inspection under subsection (2) an inspector finds an elm tree or the wood of an elm tree which the inspector believes is infected or is in danger of becoming infected with Dutch Elm Disease, the inspector shall forthwith prepare and submit a written report to the Minister.

(4) No action for damages lies against the Minister, or any person appointed by the Minister under this Act, in respect of any act done in good faith under this Act or the regulations. O rder of M inister 7 Notwithstanding any other provision of this Act or the regulations but subject to

section 5, where the Minister believes that a tree or the wood of a tree upon the lands or premises of any person is infected or is in danger of becoming infected by Dutch Elm Disease, the Minister may, by order, require the person (

a) to apply to the tree or wood such disinfectant or other preventive or curative treatments as may be specified in the order, or (

b) to remove and dispose of the tree or wood in such manner as may be specified in the order where the Minister believes that treatments under clause (

a) have been or would be unsuccessful, at the expense of the person and within a time stated in the order. C ourt of Q ueen’s B ench orders 8(1) An inspector or the Minister may apply by originating notice to the Court of Queen’s B ench for an order if any person (

a) fails to implement a program or measure pursuant to a 3

regulation made under

section 2, (

b) has, keeps or transports any tree or wood contrary to

section 4, (

c) fails to comply with an order under

section 7, or (

d) refuses to allow or interferes with an entry or inspection by an inspector.

(2) The Court of Queen’s B ench may make an order (

a) requiring a person to comply with a program, measure or order made under this Act or the regulations, (

b) restraining a person from preventing or interfering with an inspector’s entry or inspection, (

c) authorizing an inspector to enter lands, premises, dwelling houses, vehicles or other places to seize, remove and dispose of any tree or wood, or (

d) giving effect to the requirements of this Act or the regulations.

(3) A copy of the originating notice and each affidavit in support must be served at least 3 days before the day named in the originating notice for hearing the application.

(4) The Minister may recover by action any expenses incurred by the Government in carrying out an order of the Court.

(5) The Court may require as part of its order that a peace officer assist an inspector in enforcing an order of the Court. A greem ent for financial assistance 9 Where the Minister deems it necessary, he may require a municipality, at its expense, to implement any program or measure prescribed under

section 2. A greem ents for m utual program s 10 The Minister may, with the approval of the Lieutenant Governor in Council and on such terms and conditions as the Lieutenant Governor in Council may approve, enter into an agreement with (

a) the Government of Canada or an agency thereof, 4

(

b) the government of another province or a territory or an agency thereof, (

c) the government of another country or a state thereof, or any agency of that government, (

d) a municipality, or (

e) a person for developing and implementing mutual programs or measures for the control of Dutch Elm Disease and for sharing the expense of developing and implementing the programs or measures. Penalty 11 Any person who contravenes this Act, the regulations or order of the Minister is guilty of an offence and liable to a fine of not more than $10 000 or to imprisonment for a term of not more than 12 months or to both. 5 Title: 1998 (24th, 2nd) Bill 230, Dutch Elm Disease Act

Document details

Collection	Alberta — Bills
Citation	L24 S2 1033
Type	bill
Volume / chapter	L24 S2 1033
Language	en
Format	json
Source	PROVINCIAL
Identifier	73a5a7e049d0135e8f0084ad4bc1d0b2bf955a31

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