Alberta Regulation 184/2001

Agricultural Pests Act

PEST AND NUISANCE CONTROL REGULATION

Filed: October 12, 2001

Made by the Deputy Premier and Minister of Agriculture, Food and Rural

Development (M.O. 05/2001) on October 3, 2001 pursuant to

section 21 of the

Agricultural Pests Act.

Table of Contents

Interpretation 1

Pests 2

Nuisances 3

Transactions, etc., in pests and infested matter 4

Pest infestation tag 5

Detention order and its effect 6

Minister's authority to declare a quarantine 7

Methods to control nuisance 8

Seed potatoes 9

Notification of infestation 10

Permit to purchase, keep or sell rats 11

Protection of livestock from warble larva 12

Examination facilities in animal markets 13

Coyote and skunk control 14

Conditions on inspector's authorization 15

Deposit on notice of appeal 16

Repeal 17

Expiry 18

Schedules

Interpretation

1(1) In this Regulation,

(a) "Act" means the Agricultural Pests Act;

(b) "Department" means the Minister's Department;

(c) "import" means import into Alberta;

(d) "infestable item" means any crop, vegetation, produce,

livestock or other animal, machinery, equipment or anything else, other

than land, that is capable of being infested;

(e) "infested" means having a condition that shows signs of the

presence of a pest;

(f) "local inspector" means an inspector who has the requisite

local jurisdiction for the action in question and is not a provincial

inspector;

(g) "market" means a stockyard, auction market or other place where

any infestable item is held for sale, assembly, shipment or other disposal;

(h) "provincial inspector" means an inspector appointed by the

Minister under

section 9(1) of the Act;

(i) "sell" means

(

i) sell or barter, or offer to do so, or

(ii) solicit, advertise, display or expose for, or with

a view to effecting a, sale or barter.

(2) References in this Regulation to a numbered Form are references to the

form bearing that number, as set out in

Schedule 1.

Pests

2 The following continue to be declared pests throughout Alberta:

(

a) Bacterial ring rot (Clavibacter michiganensis subs.

sepedonicus);

(

b) Black leg of canola (the virulent strain) (Leptosphaeria

maculans);

(

c) Columbia River root knot nematode (Meloidogyne chitwoodi);

(

d) Dutch elm disease (Ophiostoma ulmi and Ophiostoma nova-ulmi);

(

e) Native elm bark beetle (Hylurgopinus rufipes);

(

f) European elm bark beetle (Scolytus multistriatus);

(

g) Dwarf bunt (Tilletia controversa);

(

h) Fireblight and the causal bacterium (Erwinia amylovora);

(

i) Flag smut of cereals (Urocystis agropyri);

(

j) Golden nematode (Globodera rostochiensis);

(

k) Grasshopper (Locustidae);

(

l) Head smut of corn (Spacelothecia reiliana);

(

m) Karnal bunt (Tilletia indica Mitra);

(

n) Norway rat and any other rat species or strain derived from the

genus Rattus;

(

o) Potato wart (Synchytrium endobioticum);

(

p) Stem and bulb nematode (Ditylenchus dipsaci);

(

q) Warble fly (Hypoderma species);

(

r) White rot of onions (Sclerotium cepivorum Berk);

(

s) Gypsy moth (Porthetria dispar L.);

(

t) Africanized bee (Apis mellifera adansonii);

(

u) Lesser grain borer (Rhyzopertha dominica);

(

v) Rabies (Rhabdoviruses);

(

w) Fusarium head blight (Fusarium graminearum);

(

x) Chalkbrood (Ascosphaere aggregata).

Nuisances

3 The following continue to be declared nuisances throughout Alberta:

(

a) Coyote (Canis latrans);

(

b) Skunk (Mephitis mephitis);

(

c) Richardson's ground squirrel (Spermophilus richardsonii);

(

d) Franklin's ground squirrel (Spermophilus franklinii);

(

e) Thirteen-lined ground squirrel (Spermophilus tridecemlineatus);

(

f) Columbian ground squirrel (Spermophilus columbianus);

(

g) Northern pocket gopher (Thomomys talpoides);

(

h) Deer mouse (Peromyscus maniculatus);

(

i) Meadow vole (Microtus pennsylvanicus);

(

j) House mouse (Mus musculus);

(

k) Bushy-tailed wood rat (Neotoma cinerea);

(

m) Rock dove (Columba livia);

(

n) European starling (Sturnus vulgaris);

(

o) Magpie (Pica pica).

Transactions, etc., in pests and infested matter

4(1) A person shall not import, purchase, sell or otherwise dispose of,

transport, distribute or plant any infestable item that is infested or any

pest without the prior written authorization to do so of a provincial

inspector or, if the

article is to be kept in Alberta, of a local inspector

who is empowered to act in the local jurisdiction where it is to be kept.

(2) Subsection (1) does not apply with respect to

(

a) the purchase and sale at a market of livestock that bears a

pest infestation tag attached to it under

section 5(1), or

(

b) any incidental importation and transportation of that livestock

to, and any transportation of it from, the market.

(3) If an infestable item that is or is suspected to be or that

subsequently transpires to be infested, or a pest, is or was imported,

purchased, sold or otherwise disposed of, transported, distributed or

planted, each person involved in that activity shall provide to an

inspector, on request, the names and addresses of all other persons known

to be so involved, within 24 hours of the request or within such longer

period as is specified by the inspector.

Pest infestation tag

5(1) To facilitate the identification of livestock so as to help prevent

the spread of an infestation, an inspector may attach a pest infestation

tag to the livestock in the form set out in Form 1.

(2) Subsection (1) does not apply to livestock destined for immediate

slaughter.

(3) A person shall not remove or have removed a pest infestation tag

attached under subsection (1) until

(

a) authorized to do so by an inspector, or

(

b) in the case of cattle, the cattle have been sold at and

removed from a market.

Detention order and its effect

6(1) A notice under

section 12(1) of the Act must be in the form set out

in Form 2.

(2) On issuing a notice under

section 12(1) of the Act in respect of

livestock or other property, excluding land, an inspector may order its

detention by attaching to it a pest detention tag in the form set out in

Form 3.

(3) A person shall not sell or otherwise dispose of, purchase, transport,

distribute or plant anything detained under subsection (2) before it is

released under subsection (4).

(4) An inspector may release the property detained under subsection (2) by

providing a written notice of release of it in the form set out in Form 4.

Minister's authority to declare a quarantine

7 The Minister may by order declare a quarantine in all or any part of

Alberta of any land or infestable item that is infested and fix the

duration and conditions of the quarantine, including a prohibition of or

restriction on the movement of any infestable item by any person.

Methods to control nuisance

8 An owner or occupant of land may control a nuisance on that land by

means that are generally considered to be sound husbandry practices and

that comply with all applicable laws.

Seed potatoes

9(1) In this

section and Form 5, "bacterial ring rot", "non-certified

potatoes" and "seed potatoes" have the meanings respectively assigned to

them by

Part II of the Seeds Regulations (Canada), C.R.C., c.1400.

(2) A person who imports seed potatoes shall, at the earliest practicable

time, give notice of the place where they will be made available for

inspection, to the local inspector nearest to that place.

(3) A person shall not

(

a) plant seed potatoes on land that, in the previous growing

season, was infested, or

(

b) store seed potatoes that are infested

with bacterial ring rot.

(4) A person shall not plant seed potatoes unless

(

a) they meet the standards for any of the classes established in

section 47 of the Seeds Regulations (Canada), C.R.C., c.1400, and

(

b) that person has documentary evidence that they meet those

standards.

(5) Subsection (4) does not apply to the planting of potatoes

(

a) by a person for consumption only by that person's household and

acquaintances, with no sale involved, or

(

b) from non-certified potatoes by a person who holds a permit

referred to in subsection (6).

(6) The Minister may issue a permit for the purposes of subsection (5)(

b) in the form set out in Form 5, and may attach the conditions on the

planting that are specified in the permit.

Notification of infestation

10 An inspector who finds on any premises evidence of an infestation in

any crop may notify persons engaged in the growing, transporting or

processing of any crop that may be affected by the infestation, or any

organizations representing them, of the infestation, including the location

of those premises and the name of their occupants, if the inspector

considers such notification necessary or advisable with a view to

preventing the spread of or controlling the infestation.

Permit to purchase, keep or sell rats

11(1) The Minister may, on application in writing, issue a permit in the

form set out in Form 6 allowing a person who operates a research facility

or zoo or an inspector to purchase, keep or sell live rats if the facility

where the rats are to be kept meets the minimum standards required by the

Minister.

(2) A person shall not purchase, keep or sell live rats unless the person

holds a permit issued under subsection (1).

Protection of livestock from warble larva

12(1) In this section,

(a) "lactating dairy cows" means cows whose milk is used for human

consumption;

(b) "warble larva", commonly known as "cattle grub", means the

larval stage of the warble fly.

(2) The owner of livestock that contains or is likely or is suspected to

contain warble flies shall ensure that the following measures, so far as

applicable, are taken with a view to destroying or preventing the

occurrence in the livestock of warble larva:

(

a) treat all cattle, other than lactating dairy cows, from March 1

to April 30 and from September 1 to November 30 in each year with a

pesticide registered under the Pest Control Products Act (Canada) that is

designed to be absorbed by and circulated in cattle for the purpose of

destroying warble larva in the cattle, in accordance with the label on the

pesticide container;

(

b) treat all lactating dairy cows from February 15 to June 15 in

each year at 1-month intervals with an insecticide registered under the

Pest Control Products Act (Canada) that has to come in actual contact with

a warble larva in order to destroy the warble larva;

(

c) comply with the directions of an inspector with respect to

destruction of warble larva in the livestock.

(3) The owner of livestock animals that are imported and are or are

suspected to be infested with warble larva shall, at the first point of

unloading of the livestock, ensure that they are treated in accordance with

the applicable provisions of this section.

(4) Local inspectors shall

(

a) ensure that all live livestock offered for sale at markets

designated by the Minister in their jurisdiction are inspected for warble

larva during the period when warble larva are usually visible in the bodies

of livestock animals, and

(

b) attach a pest infestation tag to livestock found to be infested

with warble larva in accordance with

section 5.

Examination facilities in animal markets

13 The owner and the operator of a market where live animals are kept

shall ensure that facilities satisfactory to an inspector are provided

there for the proper examination of the animals.

Coyote and skunk control

14(1) In this

section and in Forms 7 and 8,

(a) "device" means a device that can be used to control coyotes or

skunks;

(b) "poisonous material" means any substance or equipment, or a

combination of both, that can be used to poison a coyote or skunk;

(c) "use" includes set.

(2) A person so authorized by the Minister may issue a Form 7 permit to a

person who has been trained by the Department in the use, storage and

handling of devices and poisonous material in respect of which the permit

is issued.

(3) A person who holds a Form 7 permit may issue Form 8 permits.

(4) A person shall not use any device or poisonous material with a view to

controlling coyotes or skunks unless the person holds

(

a) a Form 7 permit authorizing the use of such a device or

material, if the use is to be on land belonging to another person, or

(

b) a Form 8 permit authorizing the use of such a device or

material, if the use is to be on the permit holder's own land (and whether

or not the holder holds a Form 7 permit).

(5) A person shall not remove or alter a written warning issued by the

Department concerning the use or storage of any device or poisonous

material unless the person holds

(

a) a Form 7 permit authorizing that removal or alteration, if the

use or storage is to be on land belonging to another person, or

(

b) a Form 8 permit authorizing that removal or alteration, if the

use or storage is to be on the permit holder's own land.

(6) The holder of a Form 7 permit may issue the devices and poisonous

material listed in the permit to the holder of a Form 8 permit for the

control of coyotes or skunks.

(7) The holder of a Form 7 permit shall not use any device or poisonous

material with a view to controlling coyotes or skunks on land belonging to

another person without first obtaining the permission to do so contained in

a Form 8 permit from its owner or occupant.

(8) Subsection (7) does not apply to the use of a device or poisonous

material for rabies control on land that is unoccupied in an area

designated in

Schedule 2 as a rabies control zone.

(9) A person shall not use a device or poisonous material with a view to

controlling coyotes unless it has letters, numbers or a chemical marker

indicating its approval by the Minister.

(10) Subsections (4), (6) and (9) do not apply to an activity specifically

authorized by or under the Wildlife Act or the Environmental Protection and

Enhancement Act.

(11) A person shall not shoot coyotes or skunks or destroy dens of coyotes

or skunks unless that person

(

a) holds a Form 7 permit and, if the shooting is to take place on

another person's land, has the written permission of its owner or occupant,

and

(

b) is acting in compliance with all other applicable laws.

(12) A person who does not hold a Form 7 permit shall not issue a device

or poisonous material knowing or believing that it is to be used to control

coyotes or skunks.

(13) A Form 8 permit is not valid for more than 30 days.

(14) All devices and poisonous material issued under subsection (6) remain

the property of the Government (represented by the Department) and may be

recalled by it at any time.

Conditions on inspector's authorization

15 An inspector may set any conditions considered appropriate on any

authorization given by the inspector under this Regulation.

Deposit on notice of appeal

16 The amount of the deposit required by

section 14(4) of the Act is

$100.

Repeal

17 The Pest and Nuisance Control Regulation (AR 406/86) is repealed.

Expiry

18 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on August 31, 2006.

SCHEDULE 1

FORM 1

(Sections 5(1) and 12(4)(b))

PEST INFESTATION TAG (NUMBER )

Agricultural Pests Act

PEST AND NUISANCE CONTROL REGULATION

This livestock animal is or is suspected to be infested with an infestation

that has been declared a pest under the Agricultural Pests Act.

It is unlawful to remove this tag except in accordance with the Pest and

Nuisance Control Regulation made under that Act.

FORM 2

(Section 6(1))

NOTICE TO CONTROL PESTS

Agricultural Pests Act

PEST AND NUISANCE CONTROL REGULATION

To (owner or occupant of land or property or owner or person in control

of livestock) of (address)

You are hereby notified that (description of land or livestock or other

property) located on the quarter of

section township

range west of the meridian, Alberta, as indicated on the

diagram below, contains or is likely to contain or should be protected

against (name of pest) , which has been declared a

pest by the Pest and Nuisance Control Regulation made under the

Agricultural Pests Act, and you are directed to take the following

measures:

(description of measures to be taken, including the material, if any, to be

used against the pest)

NW NE

SW SE

All of the above measures must be completed within

days from the date of issue of this notice, failing which action may be

taken in accordance with the legislation referred to above. This notice is

issued under

section 12(1) of the Agricultural Pests Act. An appeal

against this notice may be served on the municipal secretary, accompanied

by a deposit of $100, before the expiry of the time limit stated above or

the period of 10 days from service of the notice, whichever expiry date

occurs first, and otherwise made in accordance with the Agricultural Pests

Act.

(Date of Issue) (Inspector)

Telephone Number:_________________________

FORM 3

(Section 6(2))

PEST DETENTION TAG (Number )

Agricultural Pests Act

PEST AND NUISANCE CONTROL REGULATION

The following item, that is (description of livestock or other

property) is ordered to be detained in accordance with the following

conditions:

(specify conditions of detention)

(Signature of Inspector)

FORM 4

(Section 6(4))

NOTICE OF RELEASE

Agricultural Pests Act

PEST AND NUISANCE CONTROL REGULATION

To (owner of livestock or other property or person

in control of livestock) of (address)

You are hereby notified that (livestock or other property detained),

marked (way in which item is marked, if applicable) and located at

(location of item), which was placed under detention and identified by

having pest detention tag No. under the Pest and Nuisance Control

Regulation made under the Agricultural Pests Act attached to it, is now

released from detention and may be disposed of. The pest detention tag may

now be removed from it.

(Date of Issue) (Signature of inspector)

(Address)

(Telephone Number)

FORM 5

(Section 9(6))

PERMIT TO PLANT FROM

NON-CERTIFIED POTATOES

Agricultural Pests Act

PEST AND NUISANCE CONTROL REGULATION

This is to certify that (name of permit holder) of (address) is

authorized to plant hectares of seed potatoes on

quarter of

section township range

west of the meridian, Alberta, from the following

source of non-certified potatoes:

The following conditions apply:

(Date)

Minister responsible for the

Agricultural Pests Act

FORM 6

(Section 11(1))

PERMIT TO PURCHASE, KEEP OR SELL RATS

Agricultural Pests Act

PEST AND NUISANCE CONTROL REGULATION

Name: (Research facility or zoo operator or inspector)

Address of facility or zoo, or inspector:

Under the Pest and Nuisance Control Regulation made under the Agricultural

Pests Act, the Minister responsible for that Act permits the above-named to

purchase and sell live rats and to keep live rats at (location where to

be kept) , Alberta until the day of , 20

This permit may be revoked by the Minister responsible for that Act at any

time.

(Date)

Minister responsible for the

Agricultural Pests Act

FORM 7

(Section 14)

PERMIT FOR COYOTE AND SKUNK CONTROL

ON ANOTHER PERSON'S LAND

Agricultural Pests Act

PEST AND NUISANCE CONTROL REGULATION

Name of permit holder

Permit holder's employer's name and address

The permit holder named above has been trained in the use, storage and

handling of

devices and poisonous material for coyote control.

devices and poisonous material for skunk control.

The permit holder is authorized to do the things ticked below until

(date when permit expires):

use, store and handle the following devices and

poisonous material:

(devices and poisonous materials covered by this permit)

issue them to an owner or occupier of land who holds

a Form 8 permit referred to below and train that owner or

occupier to use, handle and store them.

remove or alter a written warning issued by the

Department concerning their use or storage.

shoot coyotes and/or destroy their dens.

shoot skunks and/or destroy their dens.

issue Form 8 permits under the Pest and Nuisance Control

Regulation.

The rules and methods for using, storing and handling the devices and

poisonous material are set out in applicable provisions of

 the Agricultural Pests Act and the Pest and Nuisance Control

Regulation (Alberta),

 the Pest Control Products Act (Canada), and

 the policies of Alberta's Department of Agriculture, Food and

Rural Development.

Authorized issuer

Date

Address of issuer

FORM 8

(Section 14)

PERMIT TO USE COYOTE OR SKUNK CONTROL

MATERIAL OR DEVICES ON OWN LAND

Agricultural Pests Act

PEST AND NUISANCE CONTROL REGULATION

Name of land owner or occupier

Location of owner or occupant's own land on which device or poisonous

material to be used: Qtr Sec Twp Rge W of

Mailing address

Postal code

Telephone

The permit holder is authorized to use devices or poisonous material to

control, on the land described above,

1. coyote predation of:

cattle sheep goats swine

farmed deer or elk poultry other

2. rabies of:

skunks other

The permit holder is authorized to remove or alter a

written warning issued by the Department concerning the use or storage of

those devices or poisonous material on his/her own land.

Initial one box:

I have received  the devices or poisonous material listed below

 the Pest Control Products

Act (Canada) label and warning posters for them

 instructions for their use,

storage and handling

I agree to  use the device or poisonous material only on

the land described above

 follow the instructions

given on the product label, and by the inspector named below

 keep a map of where I place

them on the land

 return all unused devices

and poisonous material by the expiry date given below

 report to the inspector on

the success of my coyote or skunk control efforts by the expiry date given

below.

I give my permission for the holder of a Form 7 Permit for Coyote and Skunk

Control to use the material listed below on the land described above.

Device or poisonous material

Serial numbers

Amount issued to owners or occupants

Amount used by inspectors

For inspector use only

Amount returned

Date returned

1080 tablets

M44 devices

M44 cartridges

Neck snares

Other:

Signature of land owner or occupier

Name of inspector referred to above

Date signed

Date this permit expires

Signature of issuer (holder of a Form 7 permit)

SCHEDULE 2

(Section 14(8))

RABIES CONTROL ZONES

1 The following areas are designated as rabies control zones:

(

a) townships 1 to 63 in ranges 1 to 4, west of the 4th meridian;

(

b) townships 1 to 5 in ranges 5 to 29, west of the 4th meridian

except land within Waterton Lakes National Park;

(

c) townships 3 to 5 in ranges 1 to 5, west of the 5th meridian

except land within Waterton Lakes National Park.

Alberta Regulation 185/2001

Dairy Board Act

MINIMUM MILK PRICE ORDER

Filed: October 12, 2001

Made by the Alberta Energy and Utilities Board (Order U2001-248) on October

11, 2001 pursuant to

section 12 of the Dairy Board Act.

Minimum price

1 All Class 1 milk shall be purchased on a hectolitre basis and where

that milk has a butterfat content of 3.60 kilograms per hectolitre the

minimum price for that Class 1 milk shall be $66.75 per hectolitre.

Repeal

2 The Minimum Milk Price Order (AR 131/2001) is repealed.

Coming into force

3 This Order comes into force on October 16, 2001.