Bill 15 — Second Session, 20Th Legislature, 33 Elizabeth Ii the Legislative Assembly of Alberta Bill 15 Agricultural Pests Act Mrs. Cripps (Legislature 20, Session 2)

L20 S2 3487

Alberta — Bills

1984 BILL 15 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 15 AGRICULTURAL PESTS ACT MRS. CRIPPS First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 15 Mrs. Cripps BILL 15 1984 AGRICULTURAL PESTS ACT (Assented to ^ igg4) TABLE OF CONTENTS

Definitions Declaration of pest or nuisance j Powers of Minister ^ Delegation of Minister's powere A Duty of individual 5 Duty of local authority ^ Occupant of a highway -i Applicable Acts g Inspectors o Appointment ofinspectors by local authority lo Failure to appoint inspectors or properly enforce Act 11 Notice J 2 Compliance with notice 13 Appeal to local authority 14 Review by Minister 15 Notice stayed pending appeal 16 Powers of inspector 17 Warrant to enter private dwelling house 18 Recovery of inspector's expenses 19 Stop order 20 Regulations 21 Prohibition 22 Offences and penalties 23 Act binds Crown 24 Repeal 25 Coming into force 26 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: DefiniUons 1(1) In this Act, (a) "Court" means the Coiul of Queen's Bench; (b) "Crown" means the Crown in right of Alberta; (c) "highway" means a highway as defined in the Highway Traffic Act; (d) "inspector" means a person appointed as an inspector, in cluding an ex officio inspector, under

section 9; 1

(e) "land" includes the land down to the low water mark of a stream, lake or other body of water that is contiguous to or lo- cated on land; (f) "livestock" means cattle, sheep, goats and other captive nim- inants, swine, horses and poultry; (g) "local authority" means (

i) the council of a city, town, village, summer village, county or municipal district, (ii) the board of administrators of a new town, or (iii) the Minister of Municipal Affairs, in the case of a spedal area or improvement district; (h) "Minister" means the Minister of Agriculture; (i) "municipal secretary" means (

i) in a city, the city clerk, (ii) in an improvement district or special area, the Minister of Municipal Affairs or an officer ofthe Department of Mu nicipal Affairs designated by him, or (iii) in any other mimicipality, the person appointed by the council as municipal secretary; (j) "nuisance" means an animal, bird, insect, plant or disease declared to be a nuisance under

section 2; (k) "occupant" means a person occupying or exercising control or having the right to occupy or exercise control over land or property; (1) "owner" means (

i) in the case of land, a person who is registered under the Land Titles Act as the owner of land, or (ii) in the case of personal property, a person who is in lawful possession of it or who has the right to exercise control over it; (m) "pest" means an animal, bird, insect, plant or disease de clared to be a pest under

section 2; (n) "property" means personal property and includes vegetation but does not include livestock.

(2) A reference in this Act to a by-law includes, when appropriate, an order of the Minister of Municipal Affairs. ^t'o^nuLn'ce ^^ ^ ^ Subjcct to subscction (2), if the Lieutenant Govemor in Council pes or nuisance cousidcrs that an animal, bird, insect, plant or disease is destroying or harming or is likely to destroy or harm any land, livestock of property in all or part of Alberta, he may, by regulation, declare the animal, bird, insect, plant or disease to be (

a) a pest, or

(

b) a nuisance, throughout Alberta or in part of Alberta. (2) Subsection (1) does not apply to an animal or bird that is (

a) big game, (

b) a bird of prey, or (

c) a game bird, as defined in the Wildlife Act. Powers of 3(1) The Minister may Minister (

a) investigate any matter, (

b) conduct surveys, (

c) establish programs, or (

d) enter into agreements with any person, local authority, agency or govemment, for the purpose of preventing the establishment of, controlling or destroying a pest or nuisance and preventing or reducing damage caused by a pest or nuisance.

(2) The Minister may exempt any land from the operation of all or part of this Act. Delegation of 4(1) The Minister may in writing delegate to Minister's powers (

a) an employee ofthe Govemment of Alberta, (

b) an employee of the Govemment of Canada, (

c) a local authority, or (

d) a member of a local authority a power, duty or function conferred on him by this Act and the regulations, except the power to make regulations.

(2) A power, duty or function delegated to a local authority or a member of a local authority may be exercised only within the mu nicipality represented by the local authority. Duty of 5(1) An owner or occupant of land may prevent the establishment individual ^f control or destroy a nuisance on land he owns or occupies.

(2) An owner or occupant of land or property or the owner or person in control of Hvestock shall take active measures to (

a) prevent the establishment of pests on or in the land, property or livestock unless otherwise authorized by the Minister, (

b) control or destroy all pests on or in the land, property or livestock unless otherwise authorized by the Minister, and (

c) destroy any crop, vegetation or other matter that contributes or may contribute to the maintenance or spread of a pest on or in the land, property or livestock.

Duty of local authority Occupant of a highway Applicable Acts Inspectors 6 A local authority of a municipality shall take active measures (

a) to prevent the establishment of, or (

b) to control or destroy, pests in the mimicipality. 7 A local authority may, with respect to a highway that is subject to the direction, management and control of the local authority, by by-law provide that an owner or occupant of land is, for the purposes of this Act, the occupant of that portion of a highway that lies be tween the boundary of the land he owns or occupies and the centre line of the highway. 8 A person or local authority preventing the establishment of, con trolling or destroying a pest or nuisance shall do so in accordance with (

a) this Act and the regulations, (

b) if apphcable, the Wildlife Act and the regulations, and (

c) if appUcable, the Agricultural Chemicals Act and the regula tions. 9(1) Inspectors may be appointed by a local authority or by the Minister to carry out the provisions of this Act and the regulations.

(2) An agricultural fieldman under the Agricultural Service Board Aci is ex officio an inspector under this Act. Appointment of 10(1) The local authority of a municipality shall appoint a suflBcient inspectors by numbcr of iuspcctors to carry out the provisions of this Act and the regulations within the municipaUty.

(2) Two or more local authorities may (

a) jointly appoint inspectors to act within the municipalities represented by the local authorities, and (

b) enter into an agreement for the sharing of the costs of the inspectors appointed jointly. 11(1) The Minister may, if (

a) a local authority does not appoint an inspector, or (

b) in the opinion of the Minister, an inspector appointed by a local authority is not properiy enforcing this Act, after serving notice on the local authority, cause inspectors appointed by the Minister to carry out the provisions ofthis Act and the regu lations in a municipality.

(2) If an inspector appointed by the Minister is requested to carry out the provisions ofthis Act and the regulations in a municipaUty (

a) pursuant to subsection (l)(a), the inspector appointed by the Minister shall continue to act until the local authority appoints an inspector in accordance with

section 10(1) or inspectors by local authonty Failure to appoint inspectors or properly enforce Act

(

b) pursuant to subsection (l)(b), the appointment by the local authority terminates and that local authority shall not make fiu-- ther appointments until the Minister serves notice on the local authority that the inspector appointed by the Minister is no longer acting.

(3) Salary paid and expenses incurred by the Crown under this sec tion (

a) shall be paid by the local authority on demand, (

b) are recoverable by the Minister as if they were a debt due the Crown, and (

c) may be recovered by the Minister by action or by withholding the amount ofthe salary and expenses from a grant, rent or other money that would otherwise be payable by the Crown to the local authority. Notice 12(1) When an inspector is of the opinion that land, property or Uvestock contains or is likely to contain a pest or should be protected against a pest, he may issue a notice in writing directed to the owner or occupant of the land or property or to the owner or person in control of the livestock (

a) setting out the legal description of the land affected or a de scription ofthe livestock affected and the legal description ofthe land on which the livestock are located, (

b) naming the pest, (

c) specifying the measures to be taken and the material, if any, to be used to prevent the establishment of or to control or destroy the pest, and (

d) requiring the measures described in clause (

c) to be taken within a specified period of time.

(2) If a notice is directed to a person other than the owner of land, property or livestock under subsection (I), the inspector shall also serve a copy of the notice on the owner.

(3) A notice issued under subsection (1) and a copy of the notice shall be in a form prescribed by the regulations and shall be served (

a) by delivering it personally to the person who is intended to be served, (

b) by leaving it with a person apparently over the age of 18 years at the dwelUng place or place of business of the person who is intended to be served, or (

c) by sending it by double registered mail or certified mail to the last known address ofthe person who is intended to be served as shown on the assessment roll ofthe municipahty withm which the land, property or livestock to which it relates is situated.

(4) If, in the opinion of the inspector, service under subsection (3) cannot reasonably be effected, the inspector may post the notice or copy ofthe norice in a conspicuous place on the land, property or

Appeal to local authority livestock to which it relates, or on the private dweUing house ofthe person who is intended to be served. Compliance with 13(1) A pcrsou to whom a notice is directed under

section 12(1) or """•^ a person on whom a copy of the notice is served under

section 12(2) shall, subject to a right of appeal given by this Act, carry out the directions contained in the notice.

(2) If (

a) a person fails to comply with a notice issued under

section 12 and the appeal period has expired, or (

b) an inspector is of the opinion that it is not practical to issue a notice under

section 12, the inspector may carry out the measures described in the notice or do such things necessary in his opinion and consistent with good agricultural practice to prevent the establishment of or to control or destroy the pest or nuisance. 14(1) A person who (

a) has an interest in land as an owner or occupant, or (

b) has an interest in livestock as an owner or person in control of livestock and considers himself aggrieved by a notice issued by an inspector under

section 12 may appeal to the local authority ofthe municipal ity in which the land or livestock is located by filing a notice of appeal under this section.

(2) A notice of appeal shall be in writing and shaU set out (

a) the name and address of the appellant, (

b) a copy of the notice in respect of which the appeal is being taken, (

c) the legal description of the land affected or a description of the livestock affected and the legal description of the land on which the livestock were located, and (

d) the grounds for appeal.

(3) A notice of appeal shall be served on the municipal secretary (

a) by any ofthe methods set out in

section 12(3), and (

b) within the time specified in the notice issued under

section 12 for taking any measure, or within 10 days of service ofthe notice, whichever is less.

(4) A notice of appeal shall be accompanied by a deposit in an amount set out in the regulations which shall be refunded if the appellant is successful m his appeal under this

section or in a review under sec tion 15.

(5) A local authority shall at the beginning of each calendar year appoint a committee to hear and determine appeals under this sec-

Review by Minister Notice stayed pending appeal Powers of inspector Warrant to enter private dwelling house S^TX^f^lr^" °''^ ^ •<-• -t^ority shaU refer

(6) Within 5 days of receipt of a notice of appeal, the committee shall hear and determine the appeal and the committee may^n to rescmd or vary the notice that was issued. connrm, ^^.I^l^'^^^r^^^ ^^^ ^'^ determination of the appeal rinw ^^ of the decision together with the written reasons, if^y by double registered mail or certified mail to the appellant. 15(1) An appeUant who is dissatisfied with the decision of a com mittee under

section 14 may, within 3 days after he receives a copy ofthe decision, request a review ofthe decision or a part of it bv the Mimster.

(2) The Minister may confirm, rescind or vary the decision of the committee. 16 If a notice of appeal is served under

section 14(3), the notice referred to in that

section is stayed until (

a) the appeal under that

section is disposed of, or (

b) a review under

section 15 is conducted or the time for re questing the review under

section 15 has expired without a re view being requested. 17(1) In this section, house. 'land" does not include a private dwelling

(2) For the purpose of carrying out his duties, an inspector may (

a) enter at any reasonable hour on any land to inspect the land or any buildings, property or Uvestock on the land, (

b) on giving reasonable notice, direct the owner or person in control of Uvestock to assemble and confine the livestock for the purpose of an inspection, and (

c) take specimens of a pest or nuisance and of any matter or thing that contains or is suspected of containing a pest or nuis ance.

(3) An inspector shall carry the identification supplied to him by the local authority or Minister appointing him and shall show it on re quest to a person owning or in charge of anything affected by the inspector's activities under this Act or the regulations. 18(1) If it appears to a provincial judge or a justice ofthe peace, on information laid before him on oath, that there are reasonable and probable grounds for beUeving that a private dwelUng house within his jurisdiction contains a pest or nuisance, the provincial judge or justice of the peace may issue a warrant authorizing a peace officer, with or without an inspector, to enter the private dwelling house, by force if necessary, for the purpose of searching for the pest or nuis ance.

(2) Before entering a private dwelling house pursuant to this section, a peace officer shall take reasonable steps to find the owner or person

Recovery of inspector's expenses Stop order in charge of it and shaU endeavour to obtain the co-operation of that person.

(3) When a peace officer uses force in entering or searching a private dwelUng house, he shaU use no more force than is reasonably re quired under the circumstances. 19(1) If expenses are incurred by an inspector pursuant to

section 13(2), the municipal secretary of the municipaUty in which the ex penses were incurred shall serve a statement of the expenses and a demand for payment on the owner ofthe land, property or livestock in respect of which the work was carried out.

(2) The statement of expenses and demand for payment shall be served by any ofthe methods set out in

section 12(3).

(3) In the case of expenses incurred for work carried out to land, if the owner fails to pay the amoimt set out in the statement of expenses and to file a notice of dispute under subsection (4) within 30 days of receiving the statement of expenses and demand for payment, the municipal secretary shall add the amount of those expenses to the assessment roU as a tax against the land to which the work was carried out and it shall be coUected in the same manner as taxes.

(4) If the owner files with the municipal secretary a notice of dispute denying liability or disputing the amount of the expenses, the local authority is limited to recovering the expenses referred to in subsec tion (3) by an action against that owner.

(5) In the case of expenses incurred for work carried out to property or livestock, if the owner fails to pay the amount set out in the statement of expenses within 30 days of receiving the statement of expenses and demand for payment, the local authority is limited to recovering those expenses by an action against the owner ofthe prop erty or livestock. 20(1) Notwithstanding anything in this Act, if the Minister is satisfied that a person (

a) has contravened or is contravening this Act or the regulations, or (

b) owns or operates anything that causes the maintenance or spread of a pest, the Minister may direct a stop order to that person in accordance with subsection (2).

(2) In a stop order, the Minister may order the person to whom it is directed to (

a) cease the contravention specified in the order, (

b) stop the operation of a plant, stmcture, equipment or thing specifaed m the order, either permanently or for a specified pe-

and the stop order shall contain the Minister's reasons for making it.

(3) The Mimster shall cause a copy ofthe stop order to be served on the person to whom it is directed, and that person, on receipt of the copy, shall comply with the stop order forthwith.

(4) A person who is served with the stop order under subsection (3) and fails to comply with the stop order forthwith is guilty of an offence and Uable to a fine of not more than $1000 for each day that the offence continues.

(5) If the person to whom a stop order is directed fails to comply with the stop order forthwith on service of a copy of it on him, the Minister may apply to the Court by originating notice for an order directing that person to comply with the stop order.

(6) If the person to whom the stop order is directed fails to comply with the Court order, (

a) the failure to comply with the stop order may be dealt with by the Court as a civil contempt of the Court, (

b) an inspector authorized by the Minister for the purpose and persons assisting the inspector may, without notice and without incurring liabiUty, enter on any land and do any acts necessary to carry out the stop order, (

c) the sheriff, the sheriff's baiUff and any person at the written direction ofthe sheriff may assist the inspector and his assistants in enforcing their powers and duties under clause (b), and (

d) the Minister may recover by action any expenses incurred by the Crown in carrying out the stop order from the person to whom the stop order was directed.

(7) The Minister may (

a) amend a stop order if he considers it advisable in the circum stances to do so, or (

b) revoke a stop order and shaU notify accordingly the person to whom the stop order was directed.

(8) Service of the stop order. Court order and notification under subsection (7) shaU be effected by any of the methods set out in

section 12(3). Regulations 21 The Lieutenant Govemor in Council may make regulations (

a) respecting quaUfications ofinspectors; (

b) respecting the content and use of forms; (

c) authorizing the Minister to permit the keeping of any pest or nuisance on conditions prescribed by the Minister, (

d) permitting, prohibiting and otherwise goveming the planring, growSig, handling, sale, transportation and disposition of pota toes in aU or any part of Alberta;

(

e) authorizing an inspector to order the disposition or destruc tion of potatoes or other matter or to do any other thing to prevent the spread of or to control bacterial ring rot; (

f) conceming the manner in which potatoes that contain or may contain bacterial ring rot are to be handled, transported and dis posed of, including the manner of packaging and labelUng; (

g) conceming the sterilization of any machinery, equipment and storehouse employed in the production, storage or (Ustribution of potatoes; (

h) authorizing an inspector to inspect potatoes at any point in Alberta or while the potatoes are being transported to determine whether they contain bacterial ring rot; (

i) establishing areas in Alberta to which all or part of the regu lations apply; (

j) prohibiting and restricting the removal from any area or the movement in an area of any crop, vegetation, Uvestock, animal or other matter; (

k) prohibiting or restricting the use of and goveming the dispo sition or destmction of any crop, vegetation, livestock, animal or other matter that may contribute to the spread of a pest or nuis ance; (1) conceming the procedure to be followed in an area for con- trolUng, destroying or preventing the establishment of a pest or nuisance; (

m) naming, approving, distributing or arranging for or approv ing the distribution of any equipment, vehicle or device for or incidental to the control of a pest or nuisance, with or without conditions; (

n) designating the area or areas in Alberta within which any poison, insecticide, compound, device or equipment may be used for the purposes of this Act and the regulations; (

o) appointing persons to supervise the use of any poison, insec ticide, compound, device or equipment for the purposes of this Act and the regulations; (

p) defining and classifying any poison, insecticide, compound, device and equipment for the purposes ofthis Act and the regu lations; (

q) goveming, prohibiting or restricting the use of any poison, insecticide, compound, device, vehicle, control technique or equipment for the purposes ofthis Act and the regulations. Prohibition 22 No pcrsou shall (

a) in any manner obstmct an inspector in the discharge of his duties, (

b) wilfully fail to use or wilfully misuse any poison, insecticide, compound, device or equipment, or 10

(

c) for propagation purposes acquire, seU, distribute or use any seed, root, tuber or other vegetable material containing a pest. ofiemxsand 23 A persoH who contravenes this Act or the regulations is guilty penalties of ao offencc and Uable to a fine of not more than $5000 and in default of payment to a term of imprisonment of not more than 60 days. Act biiids Crown 24 The Cfown is boimd by this Act. Repeal 25 The Agricultural Pests Act. RSA 1980 cA-8, is repealed. Coming into 26 Tkts Act comes into force on Proclamation. force 11 Title: 1984 (20th, 2nd) Bill 15, Agricultural Pests Act

Document details

Collection	Alberta — Bills
Citation	L20 S2 3487
Type	bill
Volume / chapter	L20 S2 3487
Language	en
Format	json
Source	PROVINCIAL
Identifier	e5dda0817ac0060ee8ff916972fcbe1832ea0141

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