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C.C.S.M. c. N110
The Noxious Weeds Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
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 »)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
8(2) The notice may be served as provided in subsection 9(4).
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.
9(2) The notice shall indicate the kinds of noxious weeds or weed seeds present in or on the land.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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).
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).
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.
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.
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.
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.
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.
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.
17(4) The notice may be served as provided in subsection 9(4).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
24(2) The minister may require a further report and additional information from any inspector at any time.
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.
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.
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.
26(2) This section does not apply to the expenses incurred by an inspector merely in carrying out the inspection required by this Act.
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.
27(2) The sums entered in the tax roll shall be collected in the same manner as other taxes imposed by the municipality.
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.
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.
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).
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.
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.
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.
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.
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.
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.
30 Any moneys expended by a municipality under this Act may be recovered by the municipality as provided in section 27.
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.
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).
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.
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.
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.
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.
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.
32 Where a weed supervisor is appointed by a board under section 31, section 11 does not apply to that municipality.
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.
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.
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.
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.
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).
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.
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.
38(2) A lien and charge under subsection (1) takes priority over all mortgages or charges against land.
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.
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.
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.
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.
42 The Crown is bound by this Act.
SCHEDULE OF NOXIOUS WEEDS
barberry, all deciduous varieties
bind weed, field
cress, Austrian yellow
tall king devil
kochia (summer cypress)
locoweed, early yellow
milk-vetch, ascending purple
monkey flower, red
St. John's-wort, spotted
sorrel, dense flowered garden
narrow leaved garden
woodsorrel, common yellow
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