Weed Control Act (R.S.P.E.I. 1988, c. W-2.1)

PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 2, 2015. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the Queen’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts. If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 E-mail: legislation@gov.pe.ca 1 CHAPTER W-2.1 WEED CONTROL ACT 1. In this Act (a) “Advisory Committee” means the Committee established under section 13; (b) “destroy” means, with reference to noxious weeds, to do whatever is necessary to prevent reproduction and spread of the noxious weeds; (c) “inspector” means a person designated by the Minister as an inspector under section 10; (d) “Minister” means the Minister of Agriculture and Fisheries; (e) “noxious weed” means any organism declared to be a noxious weed under section 2; (f) “owner” means, in relation to land, (I) any person in whose name the land is assessed under the Real Property Assessment Act R.S.P.E.I. 1988, Cap. R-4, or who has the right to use land for a specified purpose, or (ii) any person who is in lawful possession thereof, or who has the right to exercise control of the property; (g) “prescribed” means prescribed by the regulations; (h) “regulations” means regulations made under section 14; (I) “screenings” means seeds and other matter removed in the process of cleaning or grading cereals or forage or other crop seeds. 1987, c.70, s.1; 1993, c.29, s.4; 1997,c.20,s.3; 2004,c.36,s.3; 2009,c.73,s.2; 2012,c.17,s.2; 2015,c.28,s.3. 2. Where the Lieutenant Governor in Council, upon the recommendation of the Advisory Committee, is of the opinion that any plant or its seeds or spores or plant disease is adversely affecting or is likely to adversely affect any person, crop or other desirable plant, animal or property, he may, by order in council, declare that organism to be a noxious weed throughout the province or in any part thereof or during a particular period of time or under other particular circumstances. 1987, c.70, s.2. 3. Every owner shall take measures to destroy any noxious weed on his property in accordance with the regulations. 1987, c.70, s.3. Definitions Advisory Committee destroy inspector Minister noxious weed owner prescribed regulations Screenings Declaration of noxious weed Destruction of noxious weed 2 Cap. W-2.1 Weed Control Act 2 4. Every person who has in his possession or under his control screenings or other refuse containing noxious weeds shall (a) handle screenings or other refuse in such a manner as to prevent the noxious weeds from escaping or being spread by any means; (b) dispose of them in accordance with the regulations. 1987,c.70,s.4. 5. The Minister may, upon the recommendation of the Advisory Committee, (a) investigate any matter; (b) conduct surveys or take samples; (c) establish programs; or (d) enter into agreements with any person, cooperative association, agency or government for the purpose of destroying a noxious weed or preventing damage by a noxious weed. 1987, c.70, s.5. 6. An inspector who finds any noxious weed in or on any property shall consult with the owner as to a satisfactory method of destroying the noxious weed. 1987, c.70, s.6. 7. Where, after consultation, the owner fails to take the action recommended by the inspector for the destruction of the noxious weed, the inspector may issue an order, in the prescribed form, directing him to destroy the noxious weed. 1987, c.70, s.7. 8. The order to destroy the noxious weed shall be served on the owner by (a) being personally delivered to him by the inspector; (b) leaving it with an adult person at his place of residence or business; or (c) sending it by registered mail to his last known address named therein. 1987, c.70, s.8. 9. (1) Where an owner fails to comply with an order made under section 7, within the time specified therein, the inspector may cause the destruction of the noxious weeds or any material that may cause or contribute to the incidence or spread of any noxious weed. (2) Where he has exercised the powers conferred by subsection (1), the inspector shall serve the owner with a statement of expenses incurred in the destruction and a demand for payment. (3) The statement and demand for payment shall be served in the same manner as the order under section 8. Handling of screenings and refuse Powers of Minister Duty of inspector Destruction order Service of destruction order Failure to comply Expenses statement Service Weed Control Act Cap. W-2.1 3 3 (4) If the owner refuses to pay the expenses incurred in the destruction, they may be recovered from him as a debt due to the Crown. 1987,c.70,s.9. 10. The Minister may designate any person appearing on the Advisory Committee to be qualified as an inspector for the purposes of this Act. (2) An inspector may enter on any land or premises, other than a private dwelling, where he has reason to believe any noxious weed exists and may investigate, inspect and take specimens of any noxious weed and also of any thing infested or suspected of being infested with any noxious weed. 1987, c.70, s.10. 11. Any person who is aggrieved by an order made by an inspector under section 7 may, within fourteen days of the date thereof, appeal to the Minister and the Minister may confirm, cancel or vary the order and give such other directions as he considers necessary. 1987, c.70, s.11. 12. Any person who contravenes any of the provisions of this Act or the regulations, or fails to comply with any order issued under the Act, or interferes with an inspector in the performance of his duty, is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 or imprisonment for a term not exceeding thirty days, or both. 1987, c.70, s.12. 13. (1) The Lieutenant Governor in Council may appoint a committee consisting of not more than five members to be known as the Weed Control Advisory Committee. (2) The function of the Advisory Committee is to advise the Minister and the Lieutenant Governor in Council on the administration of this Act. 1987, c.70, s.13. 14. The Lieutenant Governor in Council may make regulations (a) prescribing forms and providing for their use; (b) prescribing the manner and methods for destroying noxious weeds; (c) restricting the sale, purchase, storage, processing or transportation of any material or substance infested with noxious weeds; (d) prescribing methods and procedures for the destruction of materials or substances infested with noxious weeds; (e) prescribing methods and procedures to be taken to prevent the infestation of property by noxious weeds; (f) exempting any person or any property from the application of this Act; Expenses recoverable as a debt due to the Crown Inspector Powers of inspector Appeal to Minister Offences and penalties Advisory Committee Function Regulations 4 Cap. W-2.1 Weed Control Act 4 (g) respecting any other matter necessary to effectively carry out the intent and purpose of this Act. 1987, c.70, s.14. 15. Act repealed. 1987, c.70, s.15. Repeal