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The Noxious Weeds Act
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This version is current as of June 27, 2016.
It has been in effect since June 17, 2010.

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C.C.S.M. c. N110

The Noxious Weeds Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"agent" means any person, firm or corporation duly authorized to act and to accept responsibility on behalf of an occupant or owner of land; (« représentant »)

"board" means a Weed Control Board appointed by a municipality under this Act; (« commission »)

"department" means the department of government over which the minister presides and through which this Act is administered; (« ministère »)

"destroy" means, with respect to noxious weeds, to cut down, burn, kill by chemicals or toxic substances, or eradicate by any means whatsoever; and in respect to noxious weed seeds, means to burn or kill by any means whatsoever so as to prevent germination; (« détruire »)

"district" means a Weed Control District created under this Act; (« district »)

"earthwork" means any dump or heap of earth, sand, or gravel or any place from which earth, sand, or gravel has been removed; (« terrassement »)

"harvester" means a person in possession of or in charge of a harvesting machine; (« moissonneur »)

"harvesting machine" means a machine that while moving or stationary harvests, threshes, or processes any forage or cereal crop, root crop, or the residue thereof; (« moissonneuse »)

"inspector" means a noxious weeds inspector appointed under this Act, and includes a municipal noxious weeds inspector, a district noxious weeds inspector, a sub-inspector, a weed supervisor, or an assistant weed supervisor; (« inspecteur »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"municipality" includes, for the purpose of section 31, a local government district; (« municipalité »)

"noxious weed" means a weed named in the Schedule that is declared by a regulation of the Lieutenant Governor in Council to be a noxious weed, and includes the seed thereof; (« mauvaise herbe »)

"occupant" means a person occupying or having the right to occupy any land. (« occupant »)

S.M. 2000, c. 35, s. 63.

Declaration of noxious weeds

2           The Lieutenant Governor in Council may, for any part or all of the province, by regulation, declare any plant not included in the Schedule to be a noxious weed, but any such declaration ceases to have effect on, from and after the last day of the session of the Legislature next following the date of the regulation containing the declaration.

General duty to destroy weeds

3(1)        Each occupant of land, or, if the land is unoccupied, the owner thereof, or the agent of the owner, and each person, firm, or corporation who or which is in control of, or in possession of, or in charge of, land, shall destroy all noxious weeds and noxious weed seeds growing or located on the land as often as may be necessary to prevent the growth, ripening and scattering of weeds or weed seeds.

Duty for earthwork

3(2)        For the purpose of subsection (1), every person by whom any construction work, earthwork, or ditch is constructed, maintained or used is deemed to be the occupant thereof.

Duty for departmental roads

3(3)        For the purpose of subsection (1), Her Majesty in the right of the province is deemed to be the owner and occupant of every departmental road and road allowance as defined in The Highways and Transportation Act.

Duty for other roads

3(4)        For the purpose of subsection (1), a municipality is deemed to be the occupant of and in control and possession of every highway, road or road allowance within the municipality that is not a departmental road or road allowance as defined in The Highways Transportation Act.

Land adjacent to water

3(5)        Where land abuts a river, stream, lake, or other body of water, the occupant, owner, or person in control of or in charge of the land shall destroy all noxious weeds as required under this Act that are growing between the limit of the lands and the low water mark of the river, stream, lake, or other body of water.

S.M. 2000, c. 35, s. 63.

Threshing machines to be cleaned

4(1)        Every harvester, immediately after completing any work with a harvesting machine and before leaving the land on which the work is done or before travelling upon any public roadway, shall clean or cause to be cleaned the harvesting machine together with all wagons, trucks, and other equipment used in connection therewith, so that seeds of noxious weeds shall not be carried from the lands to other lands or onto a public roadway by the harvesting machine or the wagons, trucks, or other equipment used in connection therewith.

Copy of section to be affixed to machine

4(2)        A harvester, except a harvester who operates his harvesting machine only on land owned or operated by himself, shall fix and keep affixed in full view on every harvesting machine owned or operated by him, a copy of this section at all times that the machine is being operated in the province; and the failure or neglect to comply with this subsection on each individual farm, or for more than one day is a separate offence for each farm or for each day that it continues.

Duty respecting farm machines

5(1)        No person shall move, or cause to be moved, any farm machine or implement including, without limiting the generality of the foregoing, those used for seed or grain cleaning, sowing, or planting, cultivating or summerfallowing, harvesting, transporting, or processing any seeds, grain, forage crop, root crop, or the residue thereof, without first removing therefrom all noxious weeds or the seeds thereof.

Inspection of farm machines

5(2)        The council of a municipality, or the Weed Control Board of a Weed Control District established under this Act, may require any person who brings or causes to be brought into the municipality or the Weed Control District a harvesting machine, or any other farm machine or implement referred to in subsection (1), to cause the harvesting machine or other farm machine or implement to be inspected by an inspector in the manner prescribed by the council or Weed Control Board; and the person shall pay to the council or Weed Control Board such fee for the inspection or any re-inspection of the harvesting machine or other farm machine or implement, as may be prescribed by the regulations.

Duty respecting elevators and mills

6           Every person in charge of a grain elevator, flour mill, seed or grain cleaning plant, or seed or grain grinding plant, shall dispose of all screenings and refuse containing noxious weeds or noxious weed seeds in such manner as will prevent the weed seeds from ripening or scattering.

Duty respecting public places

7           No person shall deposit or permit to be deposited any noxious weeds or weed seeds on roads, road allowances, highways, streets, or lanes, ditches, streams, lakes, or bodies of water, or any other place.

Powers of inspector by notice

8(1)        An inspector or sub-inspector who finds any noxious weeds or noxious weed seeds in grain, seed, forage, hay, or root crops, may, by written notice, order the person responsible under this Act

(a) to screen the grain or seeds so as to remove the noxious weed seeds and to destroy the screenings; or

(b) to burn or otherwise destroy straw or screenings or both after threshing; or

(c) to cease and refrain from threshing any grain, seed or other crop that, in the opinion of the inspector, might result in the spread of noxious weeds; or

(d) to cease and refrain from removing forage or root crops containing noxious weeds or noxious weed seeds, and to use the forage or root crops in the manner and in the place designated by the inspector; or

(e) to cease and refrain from sowing or using in any way any seed that, in the opinion of the inspector, might result in the spread of noxious weeds; or

(f) to destroy noxious weeds or noxious weed seeds and the crops, hay, straw, forage plants, or root plants containing, or in the opinion of the inspector, likely to contain any noxious weeds or noxious weed seeds; or

(g) to move or transport the grain, seed, forage, hay, or root crops in the manner required by the inspector, to prevent the spread of noxious weeds; or

(h) to take any measure in respect of the transportation or movement of grain, seed, forage, hay, or root crop to reduce or prevent the spread of noxious weed seeds that might be contained or become mixed with the grain, seed, forage, hay, or root crop; including, without limiting the generality of the foregoing, the covering as required, the reduction or the cleaning of a load of grain, seed, forage, hay, or root crop for the purpose of reducing or preventing the spread of noxious weed seeds.

Service of notice

8(2)        The notice may be served as provided in subsection 9(4).

Notice to owner forbidding rental

9(1)        If, in the opinion of an inspector or sub-inspector any noxious weeds or weed seeds exist to a detrimental extent on any land, the inspector or sub-inspector, may, by notice in writing, forbid the owner, agent of the owner, or any other person from renting that land.

Contents of notice

9(2)        The notice shall indicate the kinds of noxious weeds or weed seeds present in or on the land.

Service of notice

9(3)        The clerk of the municipality, upon receipt from the inspector or sub-inspector of the notice, shall cause it to be served upon the proper person.

Method of service

9(4)        The notice may be served personally or by leaving it with any person, apparently over the age of 16 years, at the dwelling house of the owner or agent or other person to be served, or by mailing it by registered mail addressed to the owner or agent or other person at his last known post office address.

Change of ownership of no effect

9(5)        No change of ownership of the land shall be held to invalidate the force or effect of the notice referred to in subsection (1).

Liability of owner

9(6)        A person who rents land to another contrary to the provisions of this section, shall, in addition to any other penalty herein, also be liable for any loss the tenant may suffer by the contravention of this section.

Power to declare land a weed infested area

10(1)       Where any land within a municipality is infested with noxious weeds, the council of the municipality may, by by-law passed by the votes of a majority of all the councillors of the municipality, declare the land to be a weed infested area.

Agreement with owner providing for eradication

10(2)       Where any land has been declared to be a weed infested area, the municipality may enter into an agreement with the owner of the land or his agent and with the occupant and with any other person having a registered mortgage thereon, whose interests are affected by the agreement; and the agreement shall provide for the destruction of the noxious weeds by the municipality or by the other party or parties to the agreement.

Power of municipality to enter on land and eradicate weeds

10(3)       Where any land has been declared to be a weed infested area, if the council deems it impossible or inexpedient to enter into an agreement under subsection (2), the municipality, may, by by-law

(a) authorize an inspector or sub-inspector or any other person to enter on, take possession of, and occupy the land, but not the buildings thereon, with such persons, animals, and machines as may be necessary and to cultivate the land, to sow and harvest the crops thereon, to destroy weeds and take all other steps as may be necessary or expedient for the purpose aforesaid;

(b) prohibit the owner or occupant from sowing or harvesting crops of any kind on the land, pasturing animals thereon or otherwise using the same; and

(c) require the land or any part thereof to be used for pasture only, and for that purpose authorize the proper officers of the municipality to lease the land to any person on such terms and at such rental as fixed in the by-law.

Term of agreement

10(4)       An agreement under subsection (2) shall not be made in respect of any period longer than five years, but may be renewed for a further period or periods.

Application of proceeds of crops

10(5)       Where a municipality enters into possession and occupation of land under subsection (3), if any crops are harvested thereon, the municipality may retain and apply the whole or any portion of the proceeds of the sale thereof firstly on expenses incurred by reason of action taken under subsection (3), and secondly on the taxes owing in respect of the land for a number of years equal to the number of years during which the municipality is in possession and occupation of the land; but if the proceeds of the crop sold exceed the amount of such expenses and taxes, the municipality, on giving up possession of the land, shall pay the surplus to the person entitled thereto.

Inspectors

11(1)       Except as provided in section 32, every municipal council shall, not later than March 1 in each year, appoint by resolution at least one official to be known as "municipal noxious weeds inspector", who shall during the period of his employment as municipal noxious weeds inspector see that the provisions of this Act are observed and carried out; but the time for making such an appointment may be extended in any year by the Lieutenant Governor in Council.

Duration of appointment

11(2)       The appointment or re-appointment shall be for 12 months or until a successor is appointed, but a municipal council may, at any time, for cause, remove any inspector from office and appoint a successor to serve the remaining portion of his period of appointment.

Notice of appointment of inspector

11(3)       Within one week after a municipal noxious weeds inspector is appointed, the clerk of the municipality shall transmit to the Director of the Soils and Crops Branch of the department a copy of the appointment of the inspector.

S.M. 2000, c. 35, s. 63.

Remuneration for inspector

12          The resolution of a municipal council making or extending an appointment of a municipal noxious weeds inspector may fix the rate of remuneration to the person appointed, and shall define the limits of the division in which each inspector shall exercise his duties; and each limit shall be so defined that every portion of the municipality shall be included within the jurisdiction of at least one inspector.

Sub-inspector

13          A municipal council may appoint one or more sub-inspectors to assist an inspector, and the sub-inspector shall have all the powers and authority of an inspector; and all provisions that apply to the remuneration of an inspector apply to the remuneration of a sub-inspector.

Where municipality refuses or neglects to appoint

14(1)       Where a municipal council neglects or refuses to appoint and employ a municipal noxious weeds inspector as required under this Act, the minister may, after having given notice to the council addressed to the clerk thereof, and after failure on the part of the council for 15 days to comply with the notice, appoint and employ a person to perform the duties of municipal noxious weeds inspector and shall fix the remuneration of that person for the services; and that amount shall be paid out of the funds of the municipality as though the appointment had been made and the employment effected by the council thereof.

Inspector appointed by minister

14(2)       Where an appointment is made under subsection (1) by the minister, the direction and control of the inspector or sub-inspector may be assumed by the minister to such an extent as he may decide.

Refusal of inspector to act

14(3)       Where a municipal weeds inspector or sub-inspector appointed under this Act neglects or refuses to act in that capacity, the mayor or reeve shall forthwith appoint a person to act in his stead and fix the amount that the person be paid for the services, and that amount shall be paid out of the funds of the municipality as though the appointment had been made by the council thereof; and in default of such a new appointment being made by the mayor or reeve, the minister may make the appointment in the manner, and to the extent, and with the effect, set forth in subsection (1).

Inspector incompetent

14(4)       If, in the opinion of the minister, any inspector or sub-inspector is incompetent or remiss in the performance of his duties, the minister may, in writing, addressed to the council of the municipality concerned, annul the appointment of that inspector or sub-inspector and may provide for the appointment of some other inspector or sub-inspector as provided in subsection (5).

Additional inspectors as minister may require

14(5)       Where, in the opinion of the minister, it is impossible or impracticable for one inspector to perform the inspectoral work in any municipality, he may, at his discretion, require of the council the appointment and employment of such additional inspectors or sub-inspectors as to him seems necessary; and in case of neglect or failure on part of council to comply with the requirement of the minister, he may appoint, employ, and provide remuneration for such persons as he deems necessary under the conditions and terms similar to those outlined in subsection (1).

Temporary assumption of duties by minister

14(6)       In case of failure to keep noxious weeds under control as required within the municipality by this Act, the minister may, at his discretion, employ for that purpose such persons as may seem to him fit, and any expenditures shall be paid out of the funds of the municipality.

Action on default of municipality

15          Where a municipal council neglects or refuses to make a payment as is required by section 14, it may be made by the Minister of Local Government on the recommendation of the minister, and included by him in his next annual levies under The Municipal Affairs Administration Act against the municipality so in default.

S.M. 1993, c. 48, s. 80; S.M. 2000, c. 35, s. 63; S.M. 2004, c. 42, s. 74; S.M. 2008, c. 42, s. 70; S.M. 2010, c. 33, s. 85.

Unorganized territory

16          In unorganized territory the Lieutenant Governor in Council may appoint and fix the remuneration of inspectors to be known as "district noxious weeds inspectors"; and they have authority to the same extent as municipal noxious weeds inspectors over such territory as defined by the Lieutenant Governor in Council.

Duties of inspector

17(1)       Every inspector or sub-inspector shall, with all diligence, proceed to examine the lands in the area over which his jurisdiction extends for the purpose of ascertaining that the provisions of the Act and regulations are complied with.

Service of notice

17(2)       Where he finds noxious weeds on any lands, he may serve notices upon the persons as are responsible under this Act in respect of the lands.

Contents of notice

17(3)       The notice may require the noxious weeds to be destroyed within a certain time to be prescribed and set forth in the notice, not exceeding 15 days.

Service of notice

17(4)       The notice may be served as provided in subsection 9(4).

Service on agent

18          Where a notice is required to be served on any person under this Act, service on the agent of that person is deemed to be notice.

Refusal to comply with notice

19(1)       Any person responsible under this Act, upon whom notice has been served, who neglects or refuses to destroy the noxious weeds required by this Act within the period stated in the notice, or otherwise to comply with the requirements of the notice served upon him is guilty of an offence, and is liable, on summary conviction, in addition to the penalty hereinafter provided, to a further fine of $100. for each day during which he neglects to comply with the notice.

Destruction of weeds by inspector

19(2)       In a case to which subsection (1) applies the noxious weeds inspector or sub-inspector having jurisdiction in the area, shall enter upon the land, and cause the weeds to be destroyed or take such other action as is required to effect compliance with the terms of the notice.

Destruction of ripening seeds

19(3)       Any municipal council, by resolution, may authorize any inspector or sub-inspector appointed by it to destroy any noxious weeds that he considers to be in danger of ripening seeds within ten days following, without the service of any notice whatever upon the person, firm or corporation responsible under this Act; and the cost of the work may be levied against the land in question as hereinafter provided.

Destruction of weeds without notice

19(4)       Where noxious weeds are found on unoccupied or vacant lands and the owner or person in control of the lands resides outside the municipality, it is not necessary for the inspector to give notice as in this section provided; but he may forthwith destroy the noxious weeds.

Newspaper notice for subdivided area

20(1)       Notwithstanding any other provision of this Act, the council of any municipality, after publication of a notice thereof in a newspaper having general circulation in the area, may direct any of its inspectors to cause noxious weeds on any subdivided portions of the municipality to be destroyed in such manner as the inspector may deem proper.

Inspector's Expenses

20(2)       The inspector shall report to the clerk of the municipality the amount of expenses incurred by him in the discharge of his duties under this section with respect to each parcel of land concerned and thereupon section 27 applies.

Cutting down crops under three acres

21(1)       An inspector may, without notice, cut down a growing crop or take other steps to destroy or control noxious weeds in a growing crop on an area not exceeding three acres in any quarter section, on the lands farmed by that person.

Cutting down crops over three acres

21(2)       An inspector may cut down a growing crop or take other steps to destroy or control noxious weeds in a growing crop on an area exceeding three acres after

(a) notifying the occupant, owner, or agent of the owner; and

(b) obtaining the approval of the mayor or reeve of the municipality, or the chairman of the Weed Control Board, in which the land is situated.

Right of entry and inspection

22          For the purpose of performing his duties and exercising the powers under this Act, every noxious weeds inspector or sub-inspector or every person charged with the enforcement of this Act, may, without the consent of the owner or occupant and without being subject to any action for trespass or damages for any action taken in this section

(a) enter upon and inspect any land, construction work, earthwork or premises, other than a dwelling house;

(b) inspect any crops, hay, fodder, grain, seeds, or screenings; and

(c) inspect any machinery, elevator, mill, implement, or vehicle.

Liability for work done

23          Where an inspector, or sub-inspector, acting in good faith under this Act, cuts down or destroys any crop or a part thereof or takes other steps to destroy or control noxious weeds therein, or causes the work to be done under his direction; or causes any other damage or injury to persons or property of any kind, unless the work is done negligently, no action, claim, or suit shall be brought, made, allowed, or sustained against the inspector or sub-inspector, or any person acting under his direction, or against the municipality, or any member of the council thereof, or against any person appointed by council under this Act.

Report of inspectors

24(1)       When required by the minister, every inspector shall make a written report to the minister, upon a form approved by him, of the prevalence of any noxious weeds, the methods followed in enforcing the Act, a description of weed infested lands, and any other matters that relate to the enforcement of this Act.

Additional report

24(2)       The minister may require a further report and additional information from any inspector at any time.

Special reports

24(3)       A municipality may require from any of its inspectors or sub-inspectors reports upon any parcel of land under his jurisdiction relating to the enforcement of this Act or the distribution or control of noxious weeds.

Payment of expenses

25          To enable municipal noxious weeds inspectors or sub-inspectors to carry out efficiently this Act, the council of every municipality shall, in each year, provide the treasurer of the municipality with funds, to be paid out on the order of any municipal inspector or sub-inspector for wages of men employed under his direction and for equipment and supplies required for the purpose of destroying or controlling noxious weeds; and every such order shall be countersigned by the mayor or reeve.

Statement of inspector's expenses

26(1)       Every municipal or district weed inspector shall keep an accurate statement of the moneys paid out under section 25 and a description of the parcel of land in respect of which the moneys were paid and shall deliver a copy of the statement to the clerk of the municipality upon request.

Expenses not included

26(2)       This section does not apply to the expenses incurred by an inspector merely in carrying out the inspection required by this Act.

Municipal council to review expenditures

27(1)       The council of the municipality shall review the statement of expenditures referred to in section 26 and may, by by-law, direct that all or part of the sums of money paid by the council be, by the clerk, separately entered in the tax roll of the municipality against the parcels of land described in the statement.

Expenses collected as taxes

27(2)       The sums entered in the tax roll shall be collected in the same manner as other taxes imposed by the municipality.

Limitation on amount collected

27(3)       No sum in excess of $500. in any one year shall be charged

(a) against any one parcel of land, where the parcel is a quarter section or less; or

(b) against each quarter section or portion thereof in a parcel of land, where the parcel is in excess of a quarter section;

without the written approval of the minister having previously been given.

S.M. 1996, c. 58, s. 464.

Special levy in certain cases

28(1)       The council of a municipality, upon the recommendation of the municipal noxious weeds inspector or chairman of the Weed Control Board, by resolution, may levy a charge upon any land which is found to be infested with noxious weeds, the charge not to exceed $10. for each acre of land so infested.

Notice to be served

28(2)       Where council levies a charge as provided in subsection (1), the clerk of the municipality shall serve a notice in writing on the owner or occupant of the land of the levy and of the method to be used in destroying or controlling the noxious weeds; and the notice may be served as provided in subsection 9(4).

Charge added to tax roll

28(3)       The clerk shall cause the charge, levied as aforesaid, to be entered in the tax roll of the municipality against the lands described in the notice, or such of them as are taxable.

Collection of taxes

28(4)       The charge shall be collected in the same manner as other taxes imposed by the municipality without the necessity of any by-law imposing the charge.

Saving clause

28(5)       No levy may be made by a municipality unless the notice provided under subsection (2) is served before March 1 in the year in which the charge is levied.

Recommendation by inspector

28(6)       Where the owner or occupant has taken the measures for the control of the noxious weeds stipulated in the notice served on him under subsection (2), to the satisfaction of an inspector, the inspector may recommend to the council that the charge or levy be cancelled in whole or in part.

Cancellation of levies

28(7)       Upon receiving the recommendation of the inspector, the council may, by resolution, cancel any charge or levy or any part thereof as seems just and the collectors roll shall be amended accordingly.

S.M. 1996, c. 58, s. 464.

Expenditure of municipality

29          The council of any municipality may, by by-law, authorize the expenditure of such moneys as may be necessary for carrying into effect and completing any program for the destruction and control of noxious weeds required to be undertaken by the municipality under this Act.

Recovery by municipality

30          Any moneys expended by a municipality under this Act may be recovered by the municipality as provided in section 27.

Weed Control Board

31(1)       A municipality may, by by-law,

(a) establish a Weed Control District covering all the municipality and provide for the appointment of a Weed Control Board; or

(b) make an agreement with any other municipality for joint action in establishing a Weed Control Board District covering all those municipalities; and appointing a Weed Control Board;

to control, supervise, and manage a program of control and destruction of noxious weeds within the Weed Control District.

Members

31(2)       The municipal council may appoint one or more persons, who may or may not be members of council, to represent the municipality on a Weed Control Board established under subsection (1).

Grants and expenditures

31(3)       The municipality may authorize the making of a grant to a Weed Control Board from the general funds of the municipality for the purpose of implementing the agreement and meeting its share of the expenses under the agreement, or may authorize the expenditure of any moneys required for the purpose of a Weed Control Board within the municipality.

Part of local government district

31(4)       Notwithstanding clause (1)(b), a part only of a local government district may, by agreement, be included in a Weed Control District; but where a part only of a local government district is included in a Weed Control District, the expenses incurred by the local government district in implementing the agreement may be levied upon the lands of and collected from the ratepayers resident within that part of the local government district.

Delegation of authority to board

31(5)       The municipality shall, upon appointment of a Weed Control Board, by by-law, authorize the board to appoint a weed supervisor and may, by by-law, delegate the powers, rights, functions, and authority that the municipality has under this Act and that it considers necessary for the control and destruction of noxious weeds to the Weed Control Board and thereupon the Weed Control Board may exercise all those powers, rights, functions and authority.

Appointment of weed supervisors

31(6)       Every Weed Control Board appointed under this section shall, by resolution, appoint a weed supervisor and, if necessary, one or more assistant weed supervisors, who shall, subject to the direction of the Weed Control Board

(a) see that the provisions of this Act are observed and carried out;

(b) have, in respect of the area in the Weed Control District all the authority, powers and duties of an inspector under this Act; and

(c) be paid such remuneration and expenses as the board may determine.

Appointment of secretary-treasurer

31(7)       The board appointed under subsection (1) shall, by resolution, appoint a secretary-treasurer for the board and pay to him such salary as the board considers reasonable.

S.M. 1996, c. 58, s. 464.

Section not to apply

32          Where a weed supervisor is appointed by a board under section 31, section 11 does not apply to that municipality.

Obstruction of inspector an offence

33           Every person who prevents an inspector from entering any land or premises, other than a dwelling house, or who obstructs any entry or inspection by an inspector is guilty of an offence.

Contravention of Act an offence

34          Every person who contravenes this Act or the regulations or fails to observe and carry out any provision of this Act or the regulations that he is required to observe and carry out, is guilty of an offence.

Failure to obey notice an offence

35          Every person to whom pursuant to this Act, a notice is given to perform any duty or take any action as set out in the notice, and who neglects or refuses to perform the duty or take the action is guilty of an offence.

Penalty

36(1)       Every person who is guilty of an offence under this Act, is liable, on summary conviction, to a fine of not more than $500. or to imprisonment for a term not exceeding one year, or to both.

Liability of officers

36(2)       Where a corporation is guilty of an offence under this Act, any officer, director, or agent of the corporation who directed, authorized, assented to, acquiesced, or participated in the commission of the offence is a party and guilty of the offence and is subject to the penalties prescribed under subsection (1).

Saving clause re notices

37          The provisions of this Act respecting the giving of notices are directory only, and the failure on the part of any person to give or serve, or proof of non-service of, any notice shall not be raised as a defence in any proceedings hereunder, but may be considered by the justice in mitigation of punishment.

Lien for money expended

38(1)       Where money is expended under this Act on land not lying within the limits of a municipality, the money forms a lien and charge against the land in favour of the Crown; and a certificate of the charge signed by the minister may, without fee, be filed in the land titles office in the following form:

Province of Manitoba

Charge under The Noxious Weeds Act

I hereby certify that the sum of $            was expended under The Noxious Weeds Act on the following lands:

Dated this       day of           , 19  .

Minister of Agriculture, Food and Rural Initiatives.

Priority of lien

38(2)       A lien and charge under subsection (1) takes priority over all mortgages or charges against land.

S.M. 2000, c. 35, s. 63; S.M. 2004, c. 42, s. 74.

Appointment of Weed Control Advisory Board

39(1)       The minister may appoint a board, to be known as "The Weed Control Advisory Board", to advise him on all matters relating to the control and destruction of noxious weeds and on the ways and means of achieving the objectives of the Act.

Payment of expenses

39(2)       A member of The Weed Control Advisory Board may be repaid any travelling or out-of-pocket expenses incurred by him in discharging his duties as a member thereof as may be approved by the Minister of Finance.

Regulations

40          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under and in accordance with the authority granted by this section has the force of law.

Expenditures out of Consolidated Fund

41          Moneys required to be expended for the purpose of this Act shall be paid out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be paid and applied for such purposes.

Crown bound

42          The Crown is bound by this Act.

SCHEDULE OF NOXIOUS WEEDS

absinth

algae

alyssum,

hoary

small

yellow

amaranth, prostrate

arrow-grass,

marsh

seaside

artichoke, Jerusalem

aster, hearth

hoary

showy

atriplex, garden

halberd-leaved

Nuttall's

Russian

silvery

spreading

baby's breath

barberry, all deciduous varieties

barley, foxtail

bartsia, red

bassia, five-hooked

bedstraw, northern

smooth

yellow

beggarticks, devil's

nodding

tall

bellflower, creeping

bergamot wild

bind weed, field

hedge

bittersweet

black-eyed Susan

bladderwort, common

flat-leaved

small

blazingstar, dotted

meadow

blite, strawberry

bluebur

bluebur, western

blueweed

boneset

bouncing bet

brome, downy

buckthorn, alder

European

bush, common

buckwheat, Tartary

wild

bugloss, small

vipers

bugseed

bugseed, villose

bulrush, American

common great

Nevadas

prairie

burdock, common

great

woolly

bur-ragweed

bur-reed, giant

narrow-leaved

buttercup, bulbous

celery-leaved

creeping

small-flowered

tall

white water

cactus, cushion

campion, biennial

bladder

camas, death

smooth

white

carpetweed

carrionflower

carrot, wild

catchfly, night-flowering

sleepy

smooth

catnip

cattail, common

narrow-leaved

chamomile, corn

scentless

wild

cheat

chicory

chickweed, common

field

long-stalked

mouse-eared

sticky

cinquefoil, downy

rough

shrubby

silvery

slender

sulphur

cleavers

club-moss, little

cockle, cow

purple

white

cocklebur

coontail, common

cornflower

corydalis, golden

cow-parsnip

crabgrass

cranesbill

cress, Austrian yellow

creeping yellow

globe-podded hoary

heart-podded hoary

hoary

lens-podded hoary

marsh yellow

winter

cucumber, wild

cudweed, fragrant

low

daisy, English

ox-eye

dame's-rocket

dandelion

dandelion, red-seeded

darnel, Persian

devil's-club

dock, broad-leaved

curled

field

golden

long-leaved

serrate-valved

veined

western

dodder, species

dogbane, clasping-leaved

spreading

dragonhead, American

thyme-flowered

duckweed, common

star

everlasting, pearly

feverfew

fireweed

flax, false

flat-seeded

small-seeded

large-seeded

fleabane, annual

Canada

Philadelphia

rough

flixweed

flower-of-an-hour

four-o'clock, wild

foxtail, bristly

giant

green

meadow

short-awned

water

yellow

fumitory

galinsoga, hairy

small-flowered

gaura, scarlet

geranium, cut-leaved

meadow

small-flowered

sticky

giant-hyssop

goat's-beard, meadow

golden-aster, hairy

golden-bean

goldenrod, Canada

goosefoot, late-flowering

oak-leaved

red

saline

spear-leaved

gorse

goutweed

grass, barnyard

desert salt

downy brome

goose

large crab

orchard

prickly barnyard

quack

rough hair

slough

smooth crab

stink

western wheat

witch

greasewood

gromwell, corn

field

western

ground-cherry, clammy

smooth

ground-ivy

groundsel, common

sticky

gumweed

halogeton

harebell

hawkbit, fall

hawk's-beard, narrow-leaved

smooth

hawkweed, common

field

king devil

mouse-eared

orange

tall king devil

white

yellow devil

heal-all

hedge-nettle

heliotrope, spatulate-leaved

hellebore, false

hemlock, poison

water

hemp

hemp, Indian

hemp-nettle

henbane, black

henbit

hop, common

horse-nettle

horseradish

horsetail, common

field

marsh

woodland

hound's-tongue

hyssop

ironplant, spiny

Jerusalem-oak

jewelweed, spotted

jimsonweed

knapweed, black

brown

diffuse

Russian

spotted

knotweed, erect

Japanese

prostrate

striate

kochia (summer cypress)

lady's-thumb

lamb's-quarters

lamb's-quarters, net-seeded

small-seeded

larkspur, low

tall

lettuce, blue

Canada

prickly

tall blue

wall

licorice, wild

locoweed, early yellow

late yellow

showy

woolly

loosestrife, fringed

purple

yellow

lupine, silvery

mallow, common

curled

musk

round-leaved

scarlet

small-flowered

mare's-tail

mayweed, scentless

stinking

medic, black

milk-vetch, ascending purple

Drummond's

narrow-leaved

purple

slender

timber

two-grooved

milkweed, common

green

showy

swamp

whorled

mint, field

spear

moneywort

monkey flower, red

morning-glory, wild

motherwort

mugwort

mullein, common

moth

mustard, ball

black

dog

garlic

gray tansy

green tansy

hare's-ear

hedge

Indian

Loesel's

tall hedge

tall wormseed

tumble

white

wild

wormseed

naiad, bushy

nettle, burning

common

stinging

tall

nightshade, American

black

cupped

nipplewort

nutsedge, yellow

oats, wild

onion, nodding

prairie

wild

Oregon-grape

parsnip, water

wild

pearlwort, bird's-eye

pennycress, clasping-leaved

pennywort

peppergrass, clasping-leaved

common

field

poor-man's

phlox, moss

pigweed, green

Palmer's

prostrate

redroot

Russian

smooth

tumble

winged

pineappleweed

plantain, broad-leaved

common

hoary

narrow-leaved

Rugel's

whorled

woolly

poison-ivy

pokeweed

pondweed, curly-leaved

fine-leaved

flat-stemmed

Fries

giant

Illinois

large-leaved

narrow-leaved

Richardson

sago

variable-leaved

white-stemmed

povertyweed

prickly-pear, brittle

plains

purslane

pussytoes

pygmyflower

quillwort

rabbitbrush, sticky-leaved

stinking

radish, wild

ragged robin

ragweed, common

false

giant

perennial

ragwort, tansy

marsh

rape, bird

rattle, yellow

reed, common

rocket, yellow

rose, prairie

wild

rush, Baltic

flowering

rushes

Russian thistle

sage, pasture

prairie

reflexed

wood

sagebrush, big

silver

St. John's-wort

St. John's-wort, spotted

salsify, common

samphire, red

sandbur, long-spined

sandwort, thyme-leaved

scabious, field

scouring-rush

sea-blite, western

sedges

selfheal

shepherd's-purse

silverberry

silverweed

skeletonweed

skunkbush

smartweed, green

marshpepper

mild

pale

Pennsylvania

swamp

water

snakeroot, white

sneezeweed, mountain

snowberry, thin-leaved

western

sorrel, dense flowered garden

narrow leaved garden

sheep

sow-thistle, annual

perennial

smooth perennial

spiny annual

speedwell, bird's-eye

common

corn

creeping

field

germander

purslane

thyme-leaved

spurge, broad-leaved

cypress

flowering

hairy-fruited

hairy-stemmed

leafy

petty northern

ridge-seeded

spotted

sun

thyme-leaved

spurry, corn

stickseed, large-flowered

stinkweed

stonecrop, mossy

stork's-bill

suckleya, poison

sumac, staghorn

poison

sunflower, prairie

sweetflag

tansy

tapegrass

tarweed, cluster

teasel

thistle, bull

Canada

Flodman's

globe

nodding

plumeless

Scotch

wavy-leaved

welted

thyme, creeping

tickseed, common

toadflax, Dalmatian

yellow

tomato, wild

tumbleweed

velvetleaf

vetch, American

common

four-seeded

hairy

narrow-leaved

narrow-leaved American

slender

tufted

wall-rocket, narrow-leaved

stinking

water-hemlock, bulbous

common

spotted

western

water-horehound, American

tuberous

water-marigold

water-milfoil, green

northern

water-parsnip

waterweed, Canadian

whitlow-grass, wood

witchgrass

wolf-willow

woodsorrel, common yellow

European

wool-grass

wormwood, biennial

common

yarrow

yarrow, sneezewort

S.M. 2010, c. 33, s. 41.