Bill 47 (Legislature 11, Session 4)

L11 S4 6958

Alberta — Bills

Bill No. 47 of 1951. A BILL TO AMEND THE AGRICULTURAL PESTS ACT. NOTE. This Bill amends The Agricultural Pests Act, being chap ter 76 of the Revised Statutes of Alberta, 1942. The Act presently provides that a pest is any animal, insect or disease which is declared by Ministerial Order to be a pest and to be likely to be destructive or dangerous to any crop or Ii ve stock. Rats have been declared to be a pest by a Ministerial Order under this Act. These amend ments are intended to fa'cilitate the control of rats and other things that may be declared to be pests.

Section 2 (

c) defines the term "municipality". The defi nition is amended to include a county. Sect.ion 2 (

d) defines the term "officer". The definition is amended by the addition of employees of a municipality designated as officers to assist in the control of pests within that municipality. A new

section 3a is added immediately after

section 3. This

section requires every municipality to take active measures to destroy pests within' its boundaries and to appoint a person to assist in the control of pests within that municipality. Section'S of the Act already implies that the municipality has this responsibility and the new

section merely sets out the powers of the municipality in this con nection in express terms. Subsections (2) and (3) of

section 4 are struck out and three new subsections are substituted. Subsection (1) enables an officer to take whatever action is necessary to destroy pests when the person to whom he has given a notice requiring him to destroy pests has failed to do so. The substituted subsections provide that in such a case the account of the expenditure incurred by the officer in de stroying the pests should be submitted to the municipality within which the land is located. The expenditures are to be paid for· by the municipality, either directly or by re imbursing the Province.

The municipality may collect from the owner of the land in the manner set out in sections 236 and 237 of The Municipal Dist1~ict Act.

Section 9 is struck out and a new

section is substituted. The new

section includes everything that the present

section

ii does but is broadened slightly to enable the Lieutenant Governor in Council to order any measure to be taken that will contribute to the control or destruction of any pest.

Section 12 is anlended by adding after the word "part" the words "or all". This

section now enables the Lieutenant Governor in Council to direct that part of the expenditure in controlling any pest be paid out of moneys appropriated by the Legislative Assembly. The amendment will enable all of the cost to be borne by the government in the case of any pest sU,ch as rats if it appears to be in the public interest that this should be done. A new

section 12a is added immediately after

section 12. This

section enables the Minister to spend money for sur veys or control measures in order to prevent or delay the establishment of any pest within the Province. A new

Part IV is added at the end of the Act dealing with the setting out of poison. This was formerly dealt with under The Setting of Poison Act which is administered by the Department of Lands and Forests. It is now proposed that the setting .out of poisons in settled areas will be dealt with by the Department .of Agriculture under this Act. The Department of Lands and Forests will continue to deal with the setting .out .of poison in unsettled areas under The Setting of Poison Act. The new

Part cQnsists of four sections.

Section 27 author izes the setting out of pois'on by a person upon his own premises for the destruction .of any pest under this Act.

Section 28 enables the IVlinister to make orders approving the distribution of poisons and devices for the purpose of exterminating pests. The Minister may designate any area within the Province as an area within which a poison may be distributed and may issue directions as to the use of such poisons. The Minister may also provide for the supervision of the use and distribution of poisons or devices within a designated area.

Section 29 requires poisons to be labelled as such.

Section 30 provides that no action for damages shall be comnlenced against the Minister or any person authorized by the Minister in respect of the distribution or u~e of poison in accordance with the provisions of this Act. This Bill comes into force on the day upon which it is assented to. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 47 of 1951.

An Act to amend The Agricultural Pests Act. (Assented to , 1951.) HIS MAJE.STY, by and with the advi,ce and consent of the· LegIslative Assembly of the Province of Alberta, enacts as follows: 1. The Agricultural Pests Act, being

chapter 76 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 2 is amended,-

Section 2 ( ) b dd' . d' tIft h ' . amended a y a Ing Imme Ia e y a er t e word 'vIllage,", where it occurs in clause (c), the word "county,"; (

b) by adding immediately at the end of clause (

d) the words ", or any person appointed or designated by a municipality as an officer to ,control or assist in the control of a pest within that municipality". 3. The following new

section 3a is added immediately New after

section 3:

section ::;a "3a.

(1) Every municipality shall,- Municipality . . shall, "(

a) take active measures to destroy all pests wIthIn destroy all its boundaries; pests " (

b) appOInt or designate a person as an officer to assist apl~oint in the control of pests within that municipality.". assistants

Section 4 is amended by striking out subsections

(2) Section 4 and (3) and by substituting the following: amended "

(2) The officer shall forward to the municipality within Certified which the lands are located a certified account of all ex- ~i~~~~ft~~.~ penditures under this

section within thirty days after the expenditure has been made or incurred, together with a description of the land in respect of which the expenditure has been incurred. "

(3) The expenditures under this

section shall be paid Expenditures by the municipality, or if the Province pays for the expend i- ~~~~~n ~ .. tures, they shall be a debt due from the municipality to the ~~sponslblhty Province. municipality "

(4) The council of the municipality may notify the Notice t? owner of the land of the amount chargeable against the ~~~~~~f land and may collect the same from the owner in· the manner ~~~r~:fble set out in sections 236 and 237 of The Municipal District lanel . Act.".

Section 9 amended Prohibition of removal of crop, vegetation, etc., from infested area

Section 12 amended New

section 12a Expenditures New

Part IV Setting out poison on own premises Ministerial order to exterminate pest 2

Section 9 is struck out and the following is sub stituted: "9. The Lieutenant Governor in Council, upon the rep~rt of an officer setting forth a reasonable belief of the eXIs tence of a pest or of the existence of a crop, vegetation, vegetable or any other matter that may contribute to the spread of a pest in any area defined in the report,- " (

a) may prohibit the removal from the area or move ment therein of any crop, vegetation, vegetable or other matter or of any animal; and " (

b) may prohibit the use or order the disposition" or destruction of any pest, crop, vegetation, vegetable or other matter or of any animal which may con- tribute to the spread of a pest; , "(

c) may order any measure to be taken that will con tribute to the control or destruction of a pest.".

Section 12 is amended by adding immediately after the word "part" the words "or all". 7. The following new

section 12a is added immediately after

section 12: "12a. For the purpose of preventing or delaying the establishment of a pest within the Province, the Minister may expend such moneys as he deems necessary or advisable for conducting surveys or for obtaining the material, equip ment and labour required in connection therewith.". 8. The following new

Part is added imm,ediately after

section 26: "PART IV. "Setting out P'oison. "27.

(1) A person may set out poison upon land which he farms or has under his control for the destruction of, " (

a) any animal; or " (

b) any insect; or " (

c) any bacterial or virus infection of any crop; that is declared a pest under the provisions of this Act. "

(2) No person shall set out any poison upon his .own premises pursuant to subsection (1) unless he has fully complied with the provisions of this Act and the regulati.ons relating t.o the setting out of that poison. " -;:28. Notwithstanding any provision of The Setting of Pmson Act, The Alberta Pharmaceutical Association Act 1945 or The Public Health Act or regulations thereunder: the Minister, by order published in The Alberta Gazette, may,- "(

a) name, approve and distribute, or arr'ange . for, or approve the distribution of, any poison and of any device or equipment incidental to the use .of the poison, f.or the purpose of exterminating any pest;

3 " (

b) designate the area or areas within the Province within which a poison is to be distributed for use; " (

c) issue specific directions as to the use of a poison and the manner in which it is to be handled, set out Dr applied within a designated area; "(cl) appoint or require pers'ons to be appointed by any municipality to. supervise the setting out and the distribution of any poison, device or equipment within a designated area. "29. All poison named, approOved Dr distributed under Packages this Act shall be distributed in cDntainers or packages f~b~tled labelled 'poiso.n'. "poison" "30.

No action fDr damages shall be commenced against Rift~t of the Minister o.r against any person authorized or approved ac n by the Minister in respect .of the setting out, distribution or use of poi soOn in accordance with the provisions of this Act, or in respect of anything doOne by him in acco.rdance with the provisions o.f this Act that is required Dr authorized by this Act.". 9. This Act shall come into force on the day upon which it is assented to.. Coming into force

No. 47. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act to amend The Agricultural Pests Act. Received and read the First time ......................................... . Second time ........... . "'hird time ................ . HON. MR. URE. Title: 1951 (11th, 4th) Bill 47,

An Act to amend The Agricultural Pests Act

Document details

Collection	Alberta — Bills
Citation	L11 S4 6958
Type	bill
Volume / chapter	L11 S4 6958
Language	en
Format	json
Source	PROVINCIAL
Identifier	97f3ce01d613c4fc83da5cc0e4d7498a4fcb3e27

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