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The Dutch Elm Disease Act
This is an unofficial archived version of The Dutch Elm Disease Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. D107

The Dutch Elm Disease Act

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

Definitions.

1

In this Act,

"Dutch Elm Disease" means the disease caused by the fungus Ceratocystis UImi; ("maladie de l'orme")

"elm tree" means a tree of the ulmus species; ("orme")

"inspector" means a person appointed as an inspector under this Act; ("inspecteur" )

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. ("ministre")

Control programs.

2(1)

The Lieutenant Governor in Council may, by regulation, prescribe programs or measures for the control of Dutch Elm Disease.

Application of programs.

2(2)

A program or measure under subsection (1) may be prescribed for the whole province or any part or parts of the province.

Provisions of programs.

2(3)

Without limiting the generality of subsection (1), a program or measure prescribed thereunder may provide for

(a) the application of disinfecting or other preventive or curative treatments to trees infected or in danger of becoming infected by Dutch Elm Disease;

(b) the removal and disposal, and the manner of doing so, of any tree or wood infected or in danger of becoming infected by Dutch Elm Disease;

(c) the planting of such varieties of trees as in the opinion of the minister are not susceptible to Dutch Elm Disease, to replace elm trees removed or likely to require removal because of Dutch Elm Disease or for any other reason.

Expense of implementation.

3

A person required to implement a program or measure prescribed under clause 2(3)(a) or (b) may be required to do so at his own expense, but the minister may enter into an agreement with the person to provide him with financial or other assistance for the purpose of enabling him to implement any program or measure.

Keeping or selling infected tree prohibited.

4(1)

No person shall

(a) have or keep, for the purposes of sale or otherwise; or

(b) in the course of business or otherwise, exchange or sell or offer for exchange or sale; or

(c) except in the course of the removal and disposal thereof in a manner prescribed in a regulation under section 2 or specified in an order under section 7, transport;

any tree infected with Dutch Elm Disease, or any wood of an elm tree on which any bark remains and that has not been kiln dried or otherwise treated in a manner satisfactory to the minister.

"Kiln dried" defined.

4(2)

In this section, "kiln dried" means dried mechanically to a moisture content of 18% or less.

Exemptions.

5

Where in the opinion of the Lieutenant Governor in Council it is not contrary to the public interest to do so, he may, by regulation, exempt certain persons or categories of persons specified in the regulation from any program or measure prescribed under section 2 or any provision thereof or from any provision of section 4 or any other provision of this Act.

Appointment of inspectors.

6(1)

Such inspectors as may be necessary for the purposes of this Act may be appointed under The Civil Service Act or by the Lieutenant Governor in Council.

Remuneration of L. G. in C. appointees.

6(2)

The Lieutenant Governor in Council may fix the remuneration of any inspector appointed by him.

Right of entry and inspection.

6(3)

For the purpose of performing his duties and exercising the powers under this Act, an inspector may, without the consent of the owner or occupant and without being subject to any action for trespass or damages, enter upon and inspect any lands, buildings, vehicle or other place, other than a dwelling house, where the inspector has reason to believe that an elm tree or any wood from an elm tree is located or stored.

Report to minister.

6(4)

Where in the course of an inspection under subsection (3) an inspector finds an elm tree or the wood of an elm tree which he or she believes, on reasonable and probable grounds, is infected or is in danger of becoming infected with Dutch Elm Disease, the inspector shall forthwith prepare and submit a written report thereon to the minister.

Order of minister.

7

Notwithstanding any other provision of this Act or the regulations but subject to section 5, where the minister believes on reasonable and probable grounds, pursuant to a report under section 6 or otherwise, that a tree or the wood of a tree upon the lands or premises of any person is infected or is in danger of becoming infected by Dutch Elm Disease, the minister may, by order, require the person, at the expense of the person and within a time stated in the order,

(a) to apply to the tree or wood such disinfecting or other preventive or curative treatments as may be specified in the order; or

(b) where the minister believes, on reasonable and probable grounds, that treatments under clause (a) have been or would be unsuccessful, to remove and dispose of the tree or wood in such manner as may be specified in the order.

Warrant to implement program, etc.

8(1)

Where a justice is satisfied by information upon oath that there are reasonable and probable grounds to believe that a person who is required to implement a program or measure pursuant to a regulation made under section 2, or to comply with an order made under section 7, has failed to do so within the time specified in the regulation or order, the justice may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter the lands or premises of the person and there, at the expense of the person, to implement or cause to be implemented the required program, measure or order.

Warrant to seize, etc.

8(2)

Where a justice is satisfied by information upon oath that there are reasonable and probable grounds to believe that a tree or wood is being had, kept or transported on any lands, or in any premises, vehicle or other place, in contravention of section 4, the justice may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter the lands, premises, vehicle or other place and, at the expense of the person in possession of the tree or wood, to seize, remove and dispose of the tree or wood, or cause it to be seized, removed and disposed of, in such manner as the minister may direct.

Recovery of expense.

9

Any expense incurred by the minister under section 8 is a debt due and owing to the Crown from the person charged with payment of the expense under that section and may be recovered by action in a court of competent jurisdiction but, in the case of a person who is the owner of the lands or premises upon which the expense is incurred, the expense may be charged to the municipality within which the lands or premises are situated, and the municipality shall pay to the Minister of Finance any amount so charged and may in turn add the amount to the real property taxes of the person and may recover the amount from the person as real property taxes due and owing.

Municipality to implement program.

10(1)

Where the minister deems it necessary, he may require a municipality, at its expense, to implement any program or measure prescribed under section 2.

Agreement for financial assistance.

10(2)

Where the minister requires a municipality to implement a program or measure under subsection (1), he may, with the approval of the Lieutenant Governor in Council and on such terms and conditions as the Lieutenant Governor in Council may approve, enter into an agreement with the municipality to provide it with financial or other assistance for the purpose of enabling it to implement the program or measure.

Agreements for mutual programs.

11

The minister may, with the approval of the Lieutenant Governor in Council and on such terms and conditions as the Lieutenant Governor in Council may approve, enter into an agreement with

(a) the Government of Canada or an agency thereof; or

(b) the government of another province or a territory of Canada or an agency thereof; or

(c) the government of another country or a state thereof, or an agency of that government; or

(d) any municipality, local government district or person;

for developing and implementing mutual programs or measures for the control of Dutch Elm Disease and for sharing the expense of developing and implementing the programs or measures.

Consolidated Fund.

12

All costs incurred by the government in the administration of this Act shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid.

Regulations.

13(1)

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; and, without limiting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders

(a) prescribing programs or measures for the control of Dutch Elm Disease;

(b) exempting certain persons from this Act or any provision thereof or from any program or measure for the control of Dutch Elm Disease prescribed under this Act or any provision thereof;

(c) prescribing forms for use under this Act and under any regulation made thereunder.

Application of regulation.

13(2)

A regulation under subsection (1) may be made to apply to the whole province or to any part of the province.

Penalty.

14

Any person who contravenes or fails to observe a provision of this Act or a regulation or order of the minister made thereunder, is guilty of an offence and liable, on summary conviction, to a fine of not more than $1,000. or to imprisonment for a term of not more than 12 months or to both.