Bill 38 — Third Session, 17Th Legislature, 23 Elizabeth Ii • I Illl'." 11( I¥\ the Legislative Assel\'Bt X of At~:R"1I! Bill 38 the Agricultural Pests Act, 1974 (Legislature 17, Session 3)

L17 S3 5304

Alberta — Bills

1974 Bill 38 Third Session, 17th Legislature, 23 Elizabeth II • I illl'." 11( i¥\ THE LEGISLATIVE ASSEl\'BT X OF At~:R"1i! BILL 38 The Agricultural Pests Act, 1974 MR. ApPLEBY First Reading .............................. . Second Reading ............................ . Third Reading ........................ . ... . Printed by L. S. WALL, Queen'$ Printer for the Province of Alberta, EDMONTON

Bill 38 Mr. Appleby BILL 38 1974 THE AGRICULTURAL PESTS ACT, 1974 (Assented to , 1974) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act (a) "council" means (

i) the council of a city, town, village, county or municipal district, or (ii) the board of administrators of a new town, or (iii) ,the Minister of Municipal Affairs, in the case of a special area or improvement district; (b) "livestock" means cattle, sheep, swine, horses, goats and poultry; ( c ) "Minister" means the Minister of Agriculture; (d) "municipality" means the area of a city, town, new town, village, county, municipal district, improve ment district or special area; (e) "notice" means a notice issued by an officer pur suant to

section 7 ; (f) "nuisance" means any animal, bird, insect, plant or disease declared to be a nuisance pursuant to

section 2; (g) "officer" means (

i) any person who is appointed by the Minister as an officer for the purposes of this Act and the regulations, or (ii) any person appointed by a council as an officer for the purpose of this Act and the regulations; (h) "pests" means any animal, bird, insect, plant or disease declared to be a pest pursuant to

section 2; (i) "property" includes vegetation and moveable and immoveable property of any kind, except livestock.

Explanatory Notes General: This Bill will replace the existing Agricultural Pests Act and provide a comprehensive and flexible approach to dealing with anything declared to be a "pest" or a "nuisance", that adversely affects the agricultural economy of Alberta. I.

Definitions.

PART 1 PESTS AND NUISANCES 2.

(1) Subject to subsection (2), where the Lieutenant Governor in Council considers that any animal, bird, insect, plant or disease is' destroying or harming or is llikely to destroy or harm any crop, livestock or property in all or any part of Alberta, he may, by regulation (

a) declare that the animal, bird, insect, plant or disease is destroying or harming or is likely to destroy or harm any crop, livestock or propeI"ty either through out Alberta or in the part of Alberta described by the regulation, and (

b) declare the animal, bird, insect, plant or disease to be (

i) a pest, or (ii) a nuisance, throughout Alberta or in the part of Alberta des cribed pursuant to clause (a), as the case requires. (2) Subsection (1) does not apply to any animal or bird that is (

a) big game, or (

b) a bird of prey, or (

c) a game bird, as defined in The Wildlife Act. 3. A person may, on his own land or on land or premises occupied or controlled by him, destroy a nuisance in accord ance with (

a) this Act or the regulations, (

b) where applicable, The Wildlife Act and the regula tions made thereunder, and (

c) where applicable, The Agricultural Chemicals Act and the regulations made thereunder. 4.

(1) Every person who owns, occupies or controls any land, premises or property shall take active nleasures to (

a) destroy all pests on or in the land, premises or property, (

b) destroy any crop, vegetation and other matter that contributes or may contribute to the maintenance 01' spread of any pest that is found upon the land, premises or property, and (

c) prevent the establishment of all pests upon his land, premises or property. 2

2. Lieutenant Governor in Council may declare certain animals, birds, insects, plants or diseases to be "pests" or "nuisances". 3. Landowners or persons occupying land are authorized to destroy nuisances. 4. Legal duty on persons and councils to take active measures to destroy pests. 2

(2) Every person who owns, controls or is in possession of livestock shall take active measures to (

a) destroy all pests on or in the livestock, and (

b) prevent the establishment of all pests on or in the livestock.

(3) Every council shall take active measures to destroy all pests, in the municipality.

(4) Any person or council deS'troying pests shall do so in accordance with (

a) this Act and the regulations, (

b) where applicable, The Wildlife Act, and the regula tions made thereunder, and (

c) where applicable, The Agricultural Chemicals Act and the regulations made thereunder. Responsibilities of an Officer 5.

(1) Where an officer wishes to examine any livestock for a pest, he may direct the owner or person in control or possession of the livestock to assemble and confine the livestock for the purpose of the examination.

(2) An officer may, after ,taking reasonable steps to inform the owner or occupant of the land or premises of his intentions, enter on any land or premises, other than a private dwelling, where he has reason to believe any pest or nuisance exists and may investigate, inspeet and take speci mens of any pest or nuisance and also of any matter or thing infested or suspected of being infesrted with any pest or nuisance. 6.

(1) Where it appears to a provincial judge or a justice of the peace, on information laid before him on oath, that there are reasonable and probable grounds for believing that a private dwelling house within his jurisdiction contains any crop, food, feed, animal, plant, water, produce, product or other matter that is infested or likely to become infested with a pest or nuisance, the provincial judge or jus!tice of the peace may issue a warrant authorizing a peace officer, with or without an officer, to enter the private dwelling house, by force if necessary, for the purpose of searching therefor.

(2) Before enrtering a private dwelling house pursuant to this section, a peace officer shall take reasonable steps to find the owner or person in charge ,thereof and shall en deavour to obtain the co-operation of that person.

(3) Where a peace officer uses force in entering or searching a private dwelling house he shall use no more force than is, reasonably required under the circumstances. 3

5. Examination and entry on land or premises other than a pri vate dwelling by officer. 6. Entry into private dwelling. 3

(1) Where an officer is of the opinion that any land, premises, property or livestock (

a) is infested or likely to become infested with a pest, or (

b) should be protected against any pest, he may is;sue a notice in writing in accordance with this section.

(2) A notice issued by an officer shall (

a) be served on the person (

i) owning, occupying or controlling land, premises or property, or (ii) owning, controlling or in possession of live stock, that is affected or likely to be affected by a pest, (

b) describe the land, premises" property or livestock affected or likely to be affected by the pest, (

c) name the pesrt, (

d) name the crop, vegetation, animal or other matter affected or likely to be affected by the pest, (

e) direct what reasonable measures must be taken and the material, if any, that must be used for the pre vention of the establishment or the destruction of the pest, and (

f) where appropriate, specify a reasonable time within which the measures required by the notice must be taken.

(3) Where a notice referred to in subsection (2) is not personally served on the person to whom it is addressed it shall be deemed to have been served (

a) on leaving it with a person actually or apparently over the age of 16 years at the residence of the per son to whom the notice is addressed, or (

b) on sending it by registered mail addressed to the last known address of the person to whom the notice is addressed as shown on the assessment roll of the council of the municipality within which the land or livestock to which it relates is situated, or (

c) if the officer has reason to believe that the notice, if delivered in any of the other ways mentioned in clause (

a) or (b), will not be received by the person to whom it is addressed within three days of the date of the notice, on posting the notice in a con spicuous place on any building or other structure situated on the land referred to in the notice. 8.

(1) Any person to whom a notice is directed may ap peal to a judge of the distriClt court within 10 days of the date he receives the notice or within such additional time as the judge may allow. 4

,.. Notice by officer directing meaSures to be taken against a pest. 8. Appeal to judge of district court. 4

(2) An appeai under subsectio.n (1) shall be by way o.f originating notice o.f mo.tio.n.

(3) Upo.n hearing an appeal the judge may make an o.rder (

a) co.nfirming the no.tice, o.r (

b) rescinding the no.tice, o.r (

c) replacing the notice, o.r (

d) varying the no.tice o.r any pro.vision thereof, with o.r witho.ut conditions, o.r make such o.ther o.rder as to him appear,s just in the circumsltances. 9. Where a person to. whom a notice is issued fails to appeal pursuant to

section 8, subsection (1), the person to whom the notice is issued shall comply with the directio.ns in the notice and within the time specified therein, if any. 10.

(1) If within the time specified in a no.tice the per son to who.m the notice is directed fails to take the measures directed to. be taken, an officer may obtain the appropriate material and take whatever actio.n he considers necessary to. destro.y the pests or to. prevent their establishment.

(2) Where an officer incurs any expense in taking action pUIisuant to. subsection (1), he shall within 30 days after he incurs, the expense, forward to. the co.uncil o.f the munici pality within which the lands, premises, property or live stock is situated an account, certified by him to. be a true account, of all expenses incurred by him, to.gether with a description of the land, premises, pro.perty or livesto.ck in respect of which the expenses have been incurred.

(3) The expenses o.f an o.fficer under this

section shall be paid by the council or, if the Crown pays the expenses, the amo.unt so paid is a debt due Ito the Cro.wn in right of Al berta from the person on whose behalf the costs were incurred.

(4) The co.uncil may (

a) notify the o.wner o.f the land, premises, property or livesto.ck of the amo.unt of the expenses chargeable against the owner, and (

b) co.llect the amo.unt o.f the expenses, fro.m the owner in the same manner it may co.llect Co.sts of work under a by-law made pursuant to. sectio.n 157 of The Municipal Government Act. Responsibilities of Councils 11.

(1) Subject to. subsectio.n (4), the council o.f every municipality shall apPo.int a sufficient number o.f o.fficers, on its own acco.unt o.r jointly with ano.ther council, to. carry out the pro.visio.ns o.f this Act and Ithe regulatio.ns. 5

9. Self-explanatory. 10. Expenses incurred by an officer after issuing a notice. II. Appointment of officers. 5

(2) Where an officer 'is appointed, the council shall forthwith advise the Minislter in writing of the appointment.

(3) Two or more councils may appoint one or more offic ers to act jointly within the municipalities and those coun cils may enter into an agreement for the sharing of the COSlts involved.

(4) The Minister may by notice in writing exempt all or any part of a municipality from the provisions of this section. 12.

(1) Where, in the opinion of the Minislter, a council fails to take effective measures to destroy pests or to pre vent their establishment, the Minister may authorize an officer to enter upon any lands or premises of any person, except a private dwelling, within the municipality (

a) for the purpose of destroying pests thereon, or (

b) for the purpose of preventing the establishment of pests.

(2) Any expenses incurred under subsection (1) are a debt due to the Crown in right of Alberta from the person on whose behalf the costs were incurred.

(3) Where, in the opinion of the Minister, any unoccupied Crown lands within a municipality are infested with pests, he may order the destruction of Ithe pests and the cost there by incurred shall be borne by the Crown in right of Alberta. Regulations 13. For the purpose of controlling, destroying', prevent ing, or delaying the establishment of a pest or a nuisance and to prevent or reduce damage by a peslt or nuisance, the Lieutenant Governor in Council may make regulations (

a) prohibiting and restricting the removal from any area or the movement therein of any crop, vegeta tion, livestock, animal or other matter; (

b) prohibiting or restricting the use of and governing the disposition or destruction of any crop, vegeta tion, livestock, animal or other matter that may con tribute to the spread of a pest or nuisance; (

c) establishing all or any part of Alberta as an area to which all or any provisions of the regulations apply; (

d) concerning the me1thod of treatment and method of procedure to be followed in any area for con trolling, eradicating or preventing the establish ment of a pest or nuisance; (

e) naming, approving and distributing or arranging for or approving the distribution of any poison, 6

12. Minister's power to take action to destroy pests if a council fails to do so. 13. Regulations of the Lieutenant Governor in Council. 6

compound, equipment, vehicle or device for or inci dental ,to the control of the pest or nuisance, with or without conditions; (

f) designating the area or areas in Alberta within which a poison, compound, control technique or de vice may be distributed or used; (

g) appointing persons, to supervise :the setrting out and distribution of any poison, cOlnpound, device or equipment; (

h) defining "poison", "compound", "control technique" and "device" for the purpose of this Act and the regulations; (

i) governing, prohibiting or restricting the use of any poison, compound, device, vehicle, control technique or equipment used therewith and the manner in which it is to be handled, set out or applied. 7

PART 2 SPECIFIC PESTS AND NUISANCES Bacterial Ring Rot 14. For the purpose of controlling' and eradicating, as far as possible, any bacterial ring rot of potatoes the Min ister may (

a) acquire stocks of suitable seed potatoes (

i) by purchase, (ii) by muHiplication under supervision, and (iii) by other means that he considers proper; (b) :store the seed potatoes so acquired at suitable places in Alberta; (

c) distribute the seed potatoes. so acquired and sell them to the growers at such price as he from time to time fixes; (

d) purchase pesticides and properly disinfect storage facilities, supplies and equipment and fix a reason able charge therefor; (

e) enter into an agreement with any person or agency for the purpose of controlling and eradicating bac terial ring rot. 15. The Lieutenant Governor in Council may make reg ulations (

a) governing the planting, growing, handling, sale and disposition of potatoes in all or any part of Alberta; (

b) permitting or prohibiting the planting, growing, handling, s,ale and disposition of potatoes in all or any part of Alberta; (

c) authorizing an officer to order the disposition or destruction of potatoes or other matter or to do any other thing to prevent the spread or to control bac terial ring rot; (

d) concerning the manner in which potatoes infested with bacterial ring rot or suspected of being infest ed are to be handled, transported and disposed of including the manner of packaging and labels to be fixed thereto; (

e) concerning the sterilization of any machinery, equipment and storage employed in the production, storage or distribution of potatoes; (

f) authorizing an officer to inspect potatoes at any point in Alberta or while the potatoes are being transported to determine whether they are infested with bacterial ring rot; 8

14. Minister's powers to assist in controlling bacterial ring rot. 15. Regulations of the Lieutenant Governor in Council concern ing control of bacterial ring rot. 8

(

g) requiring persons importing potatoes to notify an officer of the desltination of potatoes brought into Alberta; (

h) authorizing an officer to impound any potatoes he finds to be infested with bacterial ring rot and the manner in which he is to do so ; (

i) prohibiting the removal, sale or other disposition of potatoes impounded pursuant to clause (h) ; (

j) concerning the inspection and teslting of potatoes impounded pursuant to clause (

h) and their dis position if found to be infested with bacterial ring rot; (

k) prohibiting any person from bringing potatoes infested with bacterial ring rot into Alberta; (1) respecting any other nlatter to effectively control and prevent or eradicate bacterial ring rot. I nsect Pests 1-6.

(1) For the purpose of controlling and eradicating, as far as possible, any insect pest, the Minister may (

a) purchase sufficient quantities of insecticide, poison or other ingredients necessary for the preparation of bait, spray or dust, (

b) maintain reserves of supplies of insecticide, poison or other ingredients at such points in Alberta as he may determine, and (

c) make supplies, of insecticide, poison or other ingred ients available to councils.

(2) The costs incidental to the maintenance and storage of the supplies shall be borne by the Crown in right of Al berta while the Crown is custodian thereof. 17.

(1) The Minister shall charge a council such price as he fixes from time to time for insecticide.

(2) Where the Minister supplies insecticide to a council for resale to any person at a price less than the actual cost of the insecticide to the Crown in right of Alberta, the council shall, at the discretion of the Minister, share equally with the Minister the difference between the actual cost of the insecticide and the sale price to the person. 18.

(1) A person may apply ,to the council of the munic ipality in which his land is situated to purchase insecticide for the purpose of destroying an insect declared to be a pest or nuisance.

(2) A council selling insecticide to any person shall not charge more for it than such sum as is fixed by the Minister, 9

16. Purchase and supplies of insecticides or poison for controlling insect pests. 17. Sale of insecticide to councils. 18. Sale of insecticide to individuals. 9

PART 3 GENERAL Administration 19. The Minister may (

a) investigate any matter, or (

b) conduct ,surveys, or (

c) establish programs, or (

d) enter into agreements with any person, council, agency or government, for the purpose of controlling, preventing or delaying the eSttablishment of a pest or a nuisance and to reduce or prevent damage by a pest or nuisance. 20.

(1) The Minister may, by regulation, delegate to any employee of the Government of Alberta, the Govern ment of Canada, to a council, or to a member of a council, any power, duty or function conferred upon him by this Act except the power to make regulations.

(2) A power, duty or function delegated to a councilor a member of a council may be exercised only within the municipality concerned. 21. The Minister may exempt from the operation of this Act or any provision thereof, any tract of waste land or sparsely inhabited or uninhabited lands. 22. Upon request of the Government of Canada, the Minister may provide assistance for the control or destruc tion of a pes,t or nuisance within any area under the admin istrrution and control of the Government of Canada. Offences and Penalties 23. Any person who (

a) contravenes any provision of this Act or the reg ulations, or (

b) fails to comply with a notice, or (

c) in any manner obstructs an officer in the discharge of his duties, or (

d) wilfully fails to use or wilfully misuses any poison, compound, device or insecticide, or (

e) for propagation purposes acquires, sells, distributes or uses seeds, roots, tubers or other vegetable materials infested with a pest, is guilty of an offence and liable on :summary conviction to a fine of not more than $1000 and in default of paynlent to a term of imprisonment of not more than 60 days, 10

19. Power of Minister. 20. Delegation of powers by the Minister. 21. Exemption from Act. 22. Assistance to areas in Alberta not under the control of the Government of Canada. 23. Offences and Penalties. 10

PART 4 CONSEQUENT'IAL AMENDMENTS, REPEAL AND COMMENCEMENT 24. The Agricultural Service Boar'd Act is amended as to

section 15, subsection (4), clause ( b), by striking out the words "The Agricultural Pests Act" and by substituting the words "The Agricultural Pests Act, 1971/'. 25. The Pharmaceutical Association Act is hereby am ended as to

Schedule B,

Part 1 by striking out the words "The Setting of Poison Act, The Agricultural Pests Act or an official Pest Control Program of the Alberta Department of Agriculture" wherever they occur and by substituting in each case the words "The Agricultural Pests Act, 1974 or The Wildlife Act or the regulations made under either Act". 26. The Wildlife Act is amended (

a) as to

section 11, by adding the following clause after clause 38: 38.1 for the use, employment, setting out or distri bution of any poison or drug; (

b) as to

section 24, subsecUon (1), clause (

a) by strik ing out the words "The Setting of Poison Act, The Agricultural Pests Act" and by substituting the words "The Agricultural Pests Act, 1974 and the regulations made thereunder". 27. The Agricultural Pests Act is hereby repealed. 28. The Setting of Poison Act is hereby repealed. 29. This Act comes into force on a date or dates to be fixed by Proclamation. 11

24. Amends

chapter 7 of the Revised Statutes of Alberta 1970. 25. Amends

chapter 274 of the Revised Statutes of Alberta 1970. 26. Amends

chapter 391 of the Revised St().tuj;~_~ of Alberta 1970. 27. Repeals

chapter 5 of the Revised Statutes of Alberta 1970. 28. Repeals

chapter 339 of the Revised -Statutes of Alberta 1970. II Title: 1974 (17th, 3rd) Bill 38, The Agricultural Pests Act, 1974

Document details

Collection	Alberta — Bills
Citation	L17 S3 5304
Type	bill
Volume / chapter	L17 S3 5304
Language	en
Format	json
Source	PROVINCIAL
Identifier	d581d495b9049ef82135c8c1465e9d9f427406e8

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