Weed Control Act

Short title

1 This Act may be cited as the Weed Control Act. R.S., c. 501, s. 1.

Interpretation

2 In this Act,

(a) "Chief Inspector" means the Chief Inspector appointed under this Act;

(b) "district inspector" means a district weed inspector appointed under this Act;

(c) repealed 1994-95, c. 7, s. 139.

(d) "Minister" means the Minister of Agriculture and Marketing;

(e) "municipality" means a municipality to which the Municipal Act applies, a city or a town;

(f) "noxious weed" means a plant that is designated under this Act as a noxious weed;

(g) "occupant" means the person in possession of real property on which noxious weeds are found or, where there is no such person, the owner of such real property as shown on the last revised assessment roll of the municipality in which the property is located;

(h) "weed seed" means the seed of a noxious weed. R.S., c. 501, s. 2; 1994-95, c. 7, s. 139.

Designation of noxious weeds

3 (1) The Governor in Council may designate plants as noxious weeds generally or in respect of any part of the Province.

Recommendation of designation

(2) The council of a municipality, after consultation with the county federation of agriculture, may recommend to the Minister plants for designation by the Governor in Council as noxious weeds within the municipality.

Designation shall classify

(3) A designation of a noxious weed under this Section shall classify the weed as belonging to class number one or class number two.

Publication of designation

(4) A designation of any plant as a noxious weed shall be published in a newspaper having general circulation

(a) in the Province where the designation applies generally; or

(b) in the area where the designation applies to a part of the Province only. R.S., c. 501, s. 3.

Duty to destroy noxious weeds of class number one

4 (1) Where noxious weeds of class number one exist on land from which they are likely to spread to cultivated or pasture land, the occupant shall destroy all noxious weeds thereon as often in every year as may be necessary to prevent the ripening of the seeds.

Duty to destroy noxious weeds of class number two

(2) The occupant of land shall destroy all noxious weeds of class number two as often and at such times as shall be necessary to eliminate such weeds. R.S., c. 501, s. 4.

Act binds Crown respecting highway

5 This Act and the regulations apply to Her Majesty in respect to public highways to which the Public Highways Act applies. R.S., c. 501, s. 5.

Chief Inspector and district inspectors

6 (1) The Minister may appoint a Chief Inspector and district inspectors for any districts designated in the appointments.

Supervision of inspectors

(2) The Chief Inspector shall have the general supervision and direction of all inspectors appointed pursuant to this Act. R.S., c. 501, s. 6.

7 repealed 1994-95, c. 7, s. 139.

8 repealed 1994-95, c. 7, s. 139.

Consultation with occupant of land

9 (1) Where a district inspector finds noxious weeds or weed seeds on any land and the occupant resides within his jurisdiction, the district inspector shall confer with him as to a satisfactory method of destroying such noxious weeds or weed seeds.

Order for occupant to destroy noxious weed

(2) Where, after consulting with the occupant, prompt effective action is not taken, the district inspector may issue an order in the form prescribed in the regulations requiring the occupant to destroy the noxious weeds or weed seeds within the period of time specified in the order, which shall not be less than seven days after the person named in the order has been served with a copy of the order.

Service of order

(3) The order may be served by leaving a copy with an adult person at the usual place of residence of the person named therein or by sending it by registered post addressed to the person at his usual place of residence. R.S., c. 501, s. 9; 1994-95, c. 7, s. 140.

Order for non-resident to destroy noxious weed

10 (1) Where a district inspector finds noxious weeds or weed seeds on any land and the occupant does not reside within his jurisdiction, the district inspector may issue an order in the form prescribed in the regulations requiring the occupant to destroy the noxious weeds or weed seeds within the period of time specified therein, which shall not be less than seven days after the person named in the order has been served with a copy of the order.

Service of order

(2) The order shall be served by sending a copy by registered post addressed to the person named therein at his usual place of residence.

Substituted service

(3) Where the occupant is unknown or cannot be located, the order may be served by posting in a conspicuous place on the land. R.S., c. 501, s. 10; 1994-95, c. 7, s. 141.

Notice prohibiting sowing of crop

11 (1) Where a district inspector finds noxious weeds or weed seeds on any land, he may, in order to effectively destroy the noxious weeds or weed seeds, issue a notice prohibiting the occupant or owner of any land from sowing a crop of any kind on the land.

Duration of notice

(2) A notice issued under subsection (1) shall cease to have effect three years following the date of issue, unless it is sooner rescinded by the district inspector.

(3) to (5) repealed 1994-95, c. 7, s. 142.

R.S., c. 501, s. 11; 1994-95, c. 7, s. 142.

Appeal

12 If the person to whom an order has been directed feels that it is unjust, he may, within four days, appeal by registered post to the Chief Inspector, who shall cause an immediate re-inspection to be made by another inspector, who may confirm, vary or rescind the order. R.S., c. 501, s. 12; 1994-95, c. 7, s. 143.

Obstruction of inspector prohibited

13 No person shall hinder or obstruct a district inspector in the course of his duties or furnish him with false information or refuse to furnish him with information. R.S., c. 501, s. 13; 1994-95, c. 7, s. 144.

Failure to comply with order

14 (1) Where a person fails to comply with an order made under Section 9 or 10, the district inspector may cause the noxious weed or weed seeds to be destroyed in the manner prescribed in the regulations.

Duty of inspector to record expenses

(2) A district inspector shall keep a record of the expenses incurred by him in the discharge of his duties under subsection (1) with respect to each parcel of land inspected.

Liability for expenses of inspector

(3) An occupant, who has failed or refused to comply with a direction of a district inspector, is liable for the payment of the expenses of the district inspector in destroying the weeds.

Service of statement and notice of expenses

(4) A statement and notice of expenses shall be served on the occupant in the same manner as the order made under Section 9 or 10.

Appeal

(5) The person on whom an expense statement was served may, within seven days after the statement is served, appeal the amount of the expenses to the Chief Inspector, who may confirm or vary the statement.

Recovery of amount due

(6) Where the occupant refuses or neglects to pay the amount set out in the statement, or as determined on appeal to be payable, within fifteen days after request for payment has been made, or in the event of appeal, within fifteen days after disposition of the appeal, it may be recovered as a debt due from the occupant, by action brought in the name of the Minister in any court of competent jurisdiction.

(7) repealed 1994-95, c. 7, s. 145.

R.S., c. 501, s. 14; 1994-95, c. 7, s. 145.

15 repealed 1994-95, c. 7, s. 146.

Prohibited deposit of weeds

16 No person shall deposit or permit to be deposited any noxious weeds or weed seeds in any place where they might grow or spread. R.S., c. 501, s. 16.

Restriction on moving of farm machinery

17 Where the moving of any machine used for harvesting, handling or processing of farm crops is likely to cause noxious weeds or weed seeds to grow or spread, no person shall move or cause such machine to be moved without first removing all seeds and other residue therefrom. R.S., c. 501, s. 17.

Disposal of weed seeds in grain plant

18 Every person in charge of a grain elevator, grist mill, flour mill, seed processing plant or other grain cleaning or grain grinding plant shall dispose of all refuse containing weed seeds in such a manner as will prevent the weed seeds from growing or spreading. R.S., c. 501, s. 18.

Offence and penalty

19 (1) Every person who contravenes any of the provisions of this Act or the regulations or any order made under this Act is guilty of an offence and on summary conviction is liable for a first offence to a fine of not more than two hundred and fifty dollars and for a second or subsequent offence to a fine of not less than one hundred nor more than five hundred dollars.

Separate offences

(2) Every day during which any such contravention or failure to comply continues is a separate offence. 1994-95, c. 7, s. 147.

Regulations

20 The Governor in Council, on the recommendation of the Minister, may make regulations

(a) prescribing methods and procedures for the destruction of noxious weeds and weed seeds;

(b) prescribing methods and procedures to be taken to prevent the establishment of any noxious weed;

(c) regulating or prohibiting the transportation of farm produce that is, or may be, infested with noxious weeds or weed seeds;

(d) providing for reimbursement of municipalities for money expended under this Act from such funds as may be appropriated by the Legislature for this purpose;

(e) prescribing the forms required by this Act;

(f) respecting any other matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S., c. 501, s. 20.

Weed Control Advisory Committee

21 (1) The Minister shall appoint a Weed Control Advisory Committee consisting of such number of persons as he may determine, including at least one representative of the Nova Scotia Federation of Agriculture.

Duty of Minister to consult with Committee

(2) The Minister shall consult with the Committee on all matters pertaining to the administration of this Act, including the making of recommendations to the Governor in Council pertaining to regulations or the designation of plants as noxious weeds. R.S., c. 501, s. 21.