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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:
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 »)
"control", in relation to a noxious weed, means to curtail its growth and prevent its spread beyond its current location; (« lutter »)
"department" means the department of government over which the minister presides and through which this Act is administered; (« ministère »)
"destroy" means to kill all growing parts of a noxious weed and to make the noxious weed's reproductive mechanism non-viable; (« détruire »)
"director" means the person appointed under The Civil Service Act as the director for the purpose of this Act; (« directeur »)
"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 »)
"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 plant that is designated as a tier 1, tier 2 or tier 3 noxious weed in the regulations and includes the seed of a noxious weed, whether it is still attached to the noxious weed or is separate from it; (« mauvaise herbe »)
"occupant" means a person occupying or having the right to occupy any land. (« occupant »)
"tier 1", in relation to a noxious weed, means that the noxious weed is designated as a tier 1 noxious weed in the regulations; (« mauvaise herbe de catégorie 1 »)
"tier 2", in relation to a noxious weed, means that the noxious weed is designated as a tier 2 noxious weed in the regulations; (« mauvaise herbe de catégorie 2 »)
"tier 3", in relation to a noxious weed, means that the noxious weed is designated as a tier 3 noxious weed in the regulations. (« mauvaise herbe de catégorie 3 »)
The minister may, by regulation, designate a plant as a tier 1 noxious weed for a period of not more than one year if the minister is satisfied
(a) that the plant's existence in areas of the province where agricultural operations are located and agriculture is carried on is a significant threat to Manitoba's agricultural economy or the viability of the agricultural operations;
(b) that the plant's existence in proximity to particular kinds of agricultural operations is a significant threat to their viability; or
(c) in the case of a plant that is not known to be present in Manitoba, that the plant's known characteristics indicate that it is likely to be a significant threat to Manitoba's agricultural economy or the viability of agricultural operations if it is permitted to become established in the province.
The Lieutenant Governor in Council may, by regulation, designate a plant as a tier 1, tier 2 or tier 3 noxious weed if it is satisfied
(a) that the plant is likely to negatively affect any aspect of Manitoba's economy or environment or the well-being of residents of the province should the plant's growth or spread not be curtailed or, if applicable, the plant is not destroyed; or
(b) in the case of a plant that is not known to be present in Manitoba, that the plant's known characteristics indicate that it is likely to negatively affect any aspect of Manitoba's economy or environment or the well-being of residents of the province if it is permitted to become established in the province.
A regulation under this section may be general or particular in its application and may apply to the whole or any part of the province or provide that a plant is designated in more than one tier depending on its location or another factor.
A person must
(a) destroy all tier 1 noxious weeds that are on land that the person owns or occupies;
(b) destroy all tier 2 noxious weeds that are on land that the person owns or occupies if the area colonized by the weeds is less than five acres;
(c) control all tier 2 noxious weeds that are on land that the person owns or occupies if the area colonized by the weeds is five acres or more; and
(d) control a tier 3 noxious weed that is on land that the person owns or occupies if the weed's uncontrolled growth or spread is likely to negatively affect an aspect of Manitoba's economy or environment in the area of the land or the well-being of residents in proximity to the land.
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 of the land on which it is located.
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.
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 and Transportation Act.
When the land that a person owns or occupies abuts a body of water, whether flowing or not, the person must destroy or control any noxious weeds that are growing between the limit of the land and the low water mark of the body of water to the same extent as is required for noxious weeds mentioned in subsection (1).
If an item mentioned in subsection (2) has been operated in an area in which a noxious weed is present, a person must not move the item, or cause it to be moved, from the area to or through an area in which the noxious weed is not present without first removing from the item any portion of the noxious weed that may result in its spread.
Subsection (1) applies to the following items:
(a) a motorized machine or implement;
(b) an item of motorized equipment;
(c) a machine, implement or item of equipment that, in its usual use, is towed by a machine, implement or item of equipment mentioned in clause (a) or (b).
If an inspector reasonably believes that a noxious weed may be present in or adhering to an item mentioned in subsection (2), the inspector may
(a) give a written notice to the person in possession of or in charge of the item requiring the person, without delay and before the item is moved, to have it thoroughly cleaned, inside and out, and to destroy any noxious weeds in it or adhering to it; and
(b) if the notice is not promptly complied with, take any measures that the inspector considers necessary to destroy whatever noxious weeds may be in or adhering to the item.
A person who is given a notice under subsection (3) must comply with it without delay.
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 a manner that prevents the weed seeds from ripening or scattering.
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.
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 (e) [repealed] S.M. 2015, c. 38, s. 8;
(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) [repealed] S.M. 2015, c. 38, s. 8;
(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.
[Repealed] S.M. 2015, c. 38, s. 8.
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) to (4) [Repealed] S.M. 2015, c. 38, s. 9.
No change of ownership of the land shall be held to invalidate the force or effect of the notice referred to in subsection (1).
A person who rents land to another contrary to this section is, in addition to any penalty under this Act for the contravention, liable for any loss the tenant may suffer because of the contravention.
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.
When land has been declared to be a weed infested area, the municipality may enter into an agreement with the land's owner or occupant, or with an agent, that provides for the destruction of the noxious weeds by the municipality or by another person who has entered into the agreement.
When land has been declared to be a weed infested area and the council considers it to be impossible or inexpedient to enter into an agreement under subsection (2), the municipality may, by by-law,
(a) authorize an inspector, sub-inspector or other person to enter and assume control of the land, with any persons or machinery that are necessary, and to
(i) cultivate the land,
(ii) sow or harvest crops on the land,
(iii) destroy noxious weeds, and
(iv) take any other steps as may be necessary or advisable for any of those purposes;
(b) prohibit the owner or occupant from sowing or harvesting crops of any kind on the land, pasturing animals on it or otherwise using it; and
(c) require the land or any part of it to be used only for pasture and, for that purpose, authorize the proper officers of the municipality to lease the land to any person on the terms and at the rental fixed in the by-law.
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.
When a municipality enters and assumes control of land under subsection (3) and a crop is harvested on the land, the municipality may retain and apply the whole or any portion of the proceeds of the crop's sale
(a) first against expenses incurred by reason of the action taken under subsection (3); and
(b) second against the taxes owing in respect of the land for a number of years equal to the number during which it is under the municipality's control.
If the proceeds of the crop's sale exceed the amount of the expenses and taxes described in subsection (5), the municipality must, on giving up control of the land, pay the surplus to the person entitled to the surplus.
Not later than March 1 in each year and except as provided by section 32, a municipal council must, by resolution, appoint at least one official to be known as "municipal noxious weeds inspector"
(a) to enforce this Act within the municipality; and
(b) to ensure that the Act's provisions are complied with within it.
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 the inspector's period of appointment.
Within one week after a municipal noxious weeds inspector is appointed, the municipality's chief administrative officer must notify the director about the inspector's appointment in the manner the director requires.
The resolution appointing an inspector must define the limits of the territory in which the inspector is to perform his or her duties and exercise his or her powers. The municipal council must ensure that every part of the municipality is included within the jurisdiction of at least one inspector.
The resolution of a municipal council making or extending an appointment of a municipal noxious weeds inspector may fix the inspector's remuneration.
A municipal council may, by resolution, appoint one or more sub-inspectors to assist an inspector. A sub-inspector has all the powers and authority of an inspector.
Section 12 applies, with necessary changes, to the remuneration of a sub-inspector.
If a municipal council neglects or refuses to appoint a municipal noxious weeds inspector or a sub-inspector as required by a provision of this Act, the minister may, after having given 15 days' notice to the municipality's chief administrative officer,
(a) appoint a person to perform the duties and exercise the powers of municipal noxious weeds inspector or of a sub-inspector; and
(b) fix the remuneration of the person for the services.
A person appointed under clause (1)(a) is deemed to be employed by the municipality as though appointed by the council under section 11 or 13, and the municipality must pay the person the remuneration fixed by the minister.
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 the minister may decide.
If an inspector appointed by a municipality under this Act neglects or refuses to act in that capacity (in this subsection referred to as the "negligent inspector"), the neglect or refusal constitutes cause for the purpose of subsection 11(2), and the municipal council must, without delay, terminate the negligent inspector's appointment and appoint a successor to serve the remaining portion of the period for which the negligent inspector was to have served.
(a) a municipal council neglects or refuses to comply with subsection (3); or
(b) the minister believes that a municipal noxious weeds inspector or a sub-inspector is incompetent or has failed to effectively perform his or her duties or exercise his or her powers;
the minister may, by written notice to the chief administrative officer of the municipality concerned, annul the inspector's appointment and require the municipal council to appoint a successor within the time set out in the notice.
If the minister believes that it is impossible or impracticable for the number of appointed inspectors to effectively perform the inspection work in a municipality, the minister may, by written notice to the chief administrative officer of the municipality concerned, require the municipal council to appoint the additional inspectors or sub-inspectors that the minister considers necessary.
If a municipality fails to ensure that noxious weeds on land in the municipality are destroyed or controlled in accordance with subsection 3(1), the minister may, at the expense of the municipality, take whatever actions the minister considers necessary to destroy or control the noxious weeds.
A municipality is guilty of an offence if the municipal council
(a) fails, without delay, to comply with a notice given by the minister under subsection 14(4) or (5);
(b) fails to comply with another provision of this Act requiring the municipal council to take an action;
(c) fails to require the municipality's inspectors to ensure that noxious weeds on land in the municipality are destroyed or controlled in accordance with subsection 3(1); or
(d) fails to provide the municipality's inspectors with adequate resources to see that this Act is effectively enforced within the municipality.
If a municipality neglects or refuses to make a payment required by subsection 14(1.1), the payment may be made by the minister responsible for The Municipal Affairs Administration Act on the recommendation of the minister and may be included in the next annual levies against the municipality under that Act.
For the enforcement of this Act in unorganized territory, the minister may appoint inspectors to be known as "district noxious weeds inspectors" and may specify the district in which each inspector has jurisdiction. In that district, the district noxious weeds inspector has the same duties and powers as a municipal noxious weeds inspector.
An inspector must, with all diligence, examine the land in the territory over which he or she has jurisdiction to ascertain whether this Act is being complied with.
When an inspector finds noxious weeds on any land, the inspector may give, to any person who is responsible for complying with this Act in respect of the land, a written notice requiring the person, in accordance with subsection 3(1), to destroy or control the noxious weeds within the period stated in the notice, which is not to exceed 15 days.
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.
A landowner, occupant or agent who has been given a notice under this Act and who
(a) neglects or refuses to destroy or control noxious weeds as required by this Act within the period stated in the notice; or
(b) otherwise neglects or refuses to comply with the requirements of the notice;
is guilty of an offence and is liable, in addition to the penalty provided in subsection 36(1), to a further fine of $100 for each day that the neglect or refusal continues.
In a case to which subsection (1) applies, the inspector having jurisdiction in the area may enter on the land and destroy or control the noxious weeds in accordance with subsection 3(1) or may take any other action that is required to comply with the notice's requirements.
Without notice to any person, a municipal council may, by resolution, authorize an inspector to destroy any noxious weeds if the inspector considers their seeds are within 10 days of ripening. The municipality may levy the cost of destroying the weeds against the land as provided by section 27.
When noxious weeds are found on unoccupied or vacant land and the owner or person in control of the land resides outside the municipality, an inspector may enter on the land and destroy the noxious weeds without notice to any person.
Despite any other provision of this Act, a municipal council may, after publishing notice in a newspaper having general circulation in the municipality, direct an inspector to destroy noxious weeds on any land in the municipality that has been subdivided for development but is vacant or does not contain a building for which permission for occupancy has been given by the municipality.
A notice published for the purpose of this section must describe the action to be taken by the inspector and state the manner by which the noxious weeds are to be destroyed and the time period in which the inspector is to take the action.
An inspector may, for the purpose of this section, enter on the land and destroy the noxious weeds without further notice to any person.
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.
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 chair of the Weed Control Board, in which the land is situated.
For the purpose of performing his or her 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 under 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.
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.
When required by the minister, an inspector must make a written report to the minister, in the form required by the minister, about
(a) the prevalence of noxious weeds in the territory under the inspector's jurisdiction;
(b) the methods used in enforcing this Act in the territory;
(c) the description of land in the area that has been declared a weed infested area; and
(d) any other matters specified by the minister that relate to the enforcement of this Act.
The minister may require a further report and additional information from any inspector at any time.
A municipality may require a report from an inspector about the enforcement of this Act in respect of any parcel of land within the inspector's territory or about the prevalence of, or the destruction or control of, noxious weeds on the land.
An inspector must
(a) keep an accurate statement of the expenses incurred by or on behalf of the municipality to destroy noxious weeds on particular parcels of land;
(b) keep a description of the specific parcels of land in respect of which the expenses were incurred; and
(c) deliver a copy of the statement to the municipality's chief administrative officer when requested.
This section does not apply to the expenses incurred by an inspector merely in carrying out the inspection required by this Act.
The council of the municipality must review the statement of expenses referred to in section 26 and may, by by-law, direct that all or part of the sums of money expended by or on behalf of the municipality be separately entered in the tax roll of the municipality against the parcels of land described in the statement.
[Repealed] S.M. 2017, c. 34, s. 12.
On the recommendation of the municipal noxious weeds inspector or the chair of the board, a municipal council may, by resolution, levy a charge on any land that is found to be infested with noxious weeds. The amount of the charge may not be more than the amount prescribed in the regulations.
When a council levies a charge as provided in subsection (1), the municipality's chief administrative officer must give a written notice to the owner or occupant of the land stating the charge levied and the method to be used in destroying or controlling the noxious weeds.
The chief administrative officer must cause the charge to be entered in the tax roll of the municipality against any of the lands described in the notice that are taxable.
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.
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.
If the owner or occupant has, to the satisfaction of an inspector, taken the measures for the destruction or control of the noxious weeds stipulated in the notice served under subsection (2), the inspector may recommend to the council that the charge levied be cancelled in whole or in part.
Upon receiving the recommendation of the inspector, the council may, by resolution, cancel any charge levied or any part of a charge levied that it considers appropriate, and the collectors roll must be amended accordingly.
The council of any municipality may, by by-law, authorize the expenditure of any money that 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.
Any money expended by a municipality under this Act may be recovered by the municipality as provided in section 27.
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.
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).
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 money required for the purpose of a Weed Control Board within the municipality.
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.
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.
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.
The board appointed under subsection (1) must, by resolution, appoint a secretary-treasurer for the board and pay the secretary-treasurer the salary that the board considers reasonable.
Where a weed supervisor is appointed by a board under section 31, section 11 does not apply to that municipality.
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.
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 the person is required to observe and carry out is guilty of an offence.
Every person to whom a notice under this Act 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.
Every person who is guilty of an offence under this Act, is liable to a fine of not more than $2,000 or to imprisonment for a term not exceeding one year, or to both.
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).
A notice that is to be given, or may be given, for the purpose of section 5, 8, 9, 17 or 28 may be given in accordance with the regulations.
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.
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 , .
Minister of [name of minister's department to be entered here]
A lien and charge under subsection (1) takes priority over all mortgages or charges against land.
The minister may appoint a board, to be known as "The Weed Control Advisory Board", to advise the minister 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.
A member of The Weed Control Advisory Board may be repaid any travelling or out-of-pocket expenses incurred by the member in performing his or her duties as an advisory board member as may be approved by the Minister of Finance.
The Lieutenant Governor in Council may make regulations
(a) respecting notices that may be or are to be given under any provision of this Act and respecting how and to whom they may be or are to be given;
(b) [not yet proclaimed]
(c) prescribing the maximum charge for the purpose of subsection 28(1);
(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
A regulation under this section may be general or particular in its application and may apply to the whole or any part of the province.
Money required to be expended for the purpose of this Act shall be paid out of the Consolidated Fund with money authorized by an Act of the Legislature to be paid and applied for such purposes.
The Crown is bound by this Act.
SCHEDULE OF NOXIOUS WEEDS
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