Weed Regulation (Alta Reg. 171/2001)

Weed Regulation Chapter/Regulation: 171/2001 Status: Office Consolidation Related Act Ministry Responsible Agriculture and Food Current to 121/2006 Item/ISBN# 077974649X Pages 14 (Consolidated up to 121/2006) ALBERTA REGULATION 171/2001 Weed Control Act WEED REGULATION Table of Contents 1 Designation of weeds 2 Deposits in respect of appeals 3 Forms 4 Repeals 5 Expiry Schedules Designation of weeds 1 The plants set out in Schedule 1 are designated as restricted weeds, noxious weeds or nuisance weeds in accordance with that Schedule. Deposits in respect of appeals 2 The deposit that is to accompany a notice of appeal under section 28 of the Weed Control Act is $100. Forms 3 The forms set out in Schedule 2 are the forms prescribed for the purposes of the sections of the Weed Control Act as indicated on the forms. Repeals 4 The following regulations are repealed: (a) the Weed Designation Regulation (AR 138/80); (b) the Deposit and Forms Regulation (AR 54/91). Expiry 5 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 1, 2011. AR 171/2001 s5;121/2006 Schedule 1 1 The following plants are designated as restricted weeds in Alberta: (a) Red bartsia - Odontites serotina Dum.; (b) Diffuse knapweed - Centaurea diffusa Lam.; (c) Spotted knapweed - Centaurea maculosa Lam.; (d) Nodding thistle - Carduus nutans L.; (e) Eurasian water milfoil - Myriophyllum spicatum L.; (f) Dodder - Cuscuta spp.; (g) Yellow star‑thistle - Centaurea solstitialis L. 2 The following plants are designated as noxious weeds in Alberta: (a) Russian knapweed - Centaurea repens L.; (b) Field bindweed - Convolvulus arvensis L.; (c) White cockle - Silene alba (Mill.) E. H. L. Krause; (d) Bladder campion - Silene cucubalus Wibel; (e) Cleavers - Galium aparine L. and Galium spurium L.; (f) Hoary cress - Cardaria spp.; (g) Knawel - Scleranthus annuus L.; (h) Perennial sow thistle - Sonchus arvensis L.; (i) Cypress spurge - Euphorbia cyparissias L.; (j) Leafy spurge - Euphorbia esula L.; (k) Stork’s bill - Erodium cicutarium (L.) L’Her.; (l) Canada thistle - Cirsium arvense (L.) Scop.; (m) Toadflax - Linaria vulgaris Hill.; (n) Persian darnel - Lolium persicum Boiss. & Hohen.; (o) Scentless chamomile - Matricaria perforata Merat.; (p) Common tansy - Tanacetum vulgare L.; (q) Blueweed - Echium vulgare L.; (r) Spreading dogbane - Apocynum androsaemifolium L.; (s) Field scabious - Knautia arvensis (L.) Duby; (t) Hound’s‑tongue - Cynoglossum officinale L.; (u) Oxeye daisy - Chrysanthemum leucanthemum L.; (v) Tall buttercup - Ranunculus acris L.; (w) Purple loosestrife - Lythrum salicaria L. 3 The following plants are designated as nuisance weeds in Alberta: (a) Dalmatian toadflax - Linaria dalmatica (L.) Mill.; (b) Wild radish - Raphanus raphanistrum L.; (c) Creeping bellflower - Campanula rapunculoides L.; (d) Hedge bindweed - Convolvulus sepium L.; (e) Bluebur - Lappula echinata Gilib; (f) Downy brome - Bromus tectorum L.; (g) Tartary buckwheat - Fagopyrum tataricum (L.) J. Gaerta; (h) Wild buckwheat - Polygonum convolvulus L.; (i) Biennial campion - Silene cserei Baumg.; (j) Night‑flowering catchfly - Silene noctiflora L.; (k) Common chickweed - Stellaria media (L.) Vill.; (l) Field chickweed - Cerastium arvense L.; (m) Mouse‑eared chickweed - Cerastium vulgatum L.; (n) Rough cinquefoil - Potentilla norvegica L.; (o) Cow cockle - Saponaria vaccaria L.; (p) Flixweed - Descurainia sophia (L.) Webb; (q) Green foxtail - Setaria viridis (L.) Beauv.; (r) Quack grass - Agropyron repens (L.) Beauv.; (s) Narrow‑leaved hawk’s‑beard - Crepis tectorum L.; (t) Hemp nettle - Galeopsis tetrahit L.; (u) Henbit - Lamium amplexicaule L.; (v) Lady’s‑thumb - Polygonum persicaria L.; (w) Round‑leaved mallow - Malva rotundifolia L.; (x) Ball mustard - Neslia paniculata (L.) Desv.; (y) Dog mustard - Erucastrum gallicum (Willd.) O.E. Schulz; (z) Green tansy mustard - Descurainia pinnata (Walt.) Britt.; (aa) Wild mustard - Sinapis arvensis L.; (bb) Wormseed mustard - Erysimum cheiranthoides L.; (cc) Wild oats - Avena fatua L.; (dd) Redroot pigweed - Amaranthus retroflexus L.; (ee) Shepherd’s purse - Capsella bursa‑pastoris (L.) Medic.; (ff) Annual sow thistle - Sonchus oleraceus L.; (gg) Corn spurry - Spergula arvensis L.; (hh) Stinkweed - Thlaspi arvense L.; (ii) Russian thistle - Salsola pestifer A. Nels.; (jj) Dandelion - Taraxacum officinale Weber. Schedule 2 Form 1 Weed Control Act (Section 12) Notice to Remedy Weed Problem TO: ADDRESS: YOU ARE HEREBY DIRECTED TO: DESTROY THE RESTRICTED WEEDS CONTROL THE NOXIOUS WEEDS 1. 1. 2. 2. 3. 3. 4. 4. WHICH ARE INFESTING THE PROPERTY: Municipally known as: N W E Lot(s) Blk. Plan Or described as 1/4 of Section S Township Range LOCATION OF PROPERTY (approximate) West of the Meridian. The weeds will be considered controlled or destroyed if . Action is to be completed on or before (day) (month) (year) . If this notice is not complied with action will be taken in accordance with the provisions of the Weed Control Act. Dated 20 Issued under section 12 (Inspector) of the Weed Control Act (Municipality) (Address) File No. IMPORTANT SEE REVERSE SIDE (Reprinted from the Weed Control Act) Violation 31 An occupant of land, or if the land is unoccupied, the owner of the land, shall as often as is necessary (a) destroy all restricted weeds located on the land to prevent the spread, growth, ripening or scattering of the restricted weeds, (b) control in accordance with this Act and the regulations all noxious weeds located on the land to prevent the spread, growth, ripening or scattering of the noxious weeds, and (c) prevent the spread or scattering of nuisance weeds. 32 An owner or occupant of land who receives a notice under this Act shall, subject to any right of appeal given by this Act, carry out the directions contained in the notice. Appeals 28(1) A person who (a) has an interest in land as an owner or occupant, and (b) considers himself aggrieved by a notice that relates to the land and that is given by an inspector under section 12, 13 or 18(1), may appeal to the local authority of the municipality in which that land is located by filing a notice of appeal under this section. (2) A notice of appeal shall be in writing and shall set out (a) the name and address of the appellant, (b) a copy of the notice in respect of which the appeal is being taken, (c) the legal description of the land affected, and (d) the grounds for appeal. (3) A notice of appeal shall be delivered personally or sent by double registered mail or certified mail to the municipal secretary, within the time specified in the notice for doing the thing required by the notice or 10 days, whichever is less. (4) A notice of appeal shall be accompanied with a deposit in an amount prescribed by the regulations. (5) The deposit made under subsection (4) shall be refunded if the appellant is successful in the appellant’s appeal under this section or in a review under section 29. (6) A local authority shall at least once a year appoint an independent committee to hear and determine appeals under this section and on receipt of a notice of appeal a local authority shall refer the appeal to that committee. (7) Within 15 days from the day of receipt of a notice of appeal, the committee shall hear and determine the appeal and the committee may confirm, rescind or vary the notice that was issued. (8) The municipal secretary shall, on determination of the appeal, send a copy of the decision together with the written reasons, if any, to the appellant by double registered mail or certified mail. Offence 38 A person who contravenes this Act or the regulations is guilty of an offence and liable to a fine of not more than $5000 and in default of payment to a term of imprisonment of not more than 60 days. Form 2 Weed Control Act (Section 18) Notice to Control the Growing and Use of Crops TO: ADDRESS: You are hereby notified that the land, 1/4 of Section Township Range West of the Meridian, contains (restricted/noxious) weeds of the following description: N W E S LOCATION OF PROPERTY (approximate) You are hereby directed If this notice is not complied with, action will be taken in accordance with the Weed Control Act. Dated 20 THIS NOTICE CEASES TO HAVE EFFECT ONE YEAR FOLLOWING THE DATE ON WHICH IT IS ISSUED. Issued under section 18(1) (Inspector) of the Weed Control Act (Municipality) (Address) File No. IMPORTANT: SEE REVERSE SIDE (Reprinted from the Weed Control Act) Violation 31 An occupant of land, or if the land is unoccupied, the owner of the land, shall as often as is necessary (a) destroy all restricted weeds located on the land to prevent the spread, growth, ripening or scattering of the restricted weeds, (b) control in accordance with this Act and the regulations all noxious weeds located on the land to prevent the spread, growth, ripening or scattering of the noxious weeds, and (c) prevent the spread or scattering of nuisance weeds. 32 An owner or occupant of land who receives a notice under this Act shall, subject to any right of appeal given by this Act, carry out the directions contained in the notice. Appeals 28(1) A person who (a) has an interest in land as an owner or occupant, and (b) considers himself aggrieved by a notice that relates to the land and that is given by an inspector under section 12, 13 or 18(1), may appeal to the local authority of the municipality in which that land is located by filing a notice of appeal under this section. (2) A notice of appeal shall be in writing and shall set out (a) the name and address of the appellant, (b) a copy of the notice in respect of which the appeal is being taken, (c) the legal description of the land affected, and (d) the grounds for appeal. (3) A notice of appeal shall be delivered personally or sent by double registered mail or certified mail to the municipal secretary, within the time specified in the notice for doing the thing required by the notice or 10 days, whichever is less. (4) A notice of appeal shall be accompanied with a deposit in an amount prescribed by the regulations. (5) The deposit made under subsection (4) shall be refunded if the appellant is successful in the appellant’s appeal under this section or in a review under section 29. (6) A local authority shall at least once a year appoint an independent committee to hear and determine appeals under this section and on receipt of a notice of appeal a local authority shall refer the appeal to that committee. (7) Within 15 days from the day of receipt of a notice of appeal, the committee shall hear and determine the appeal and the committee may confirm, rescind or vary the notice that was issued. (8) The municipal secretary shall, on determination of the appeal, send a copy of the decision together with the written reasons, if any, to the appellant by double registered mail or certified mail. Offence 38 A person who contravenes this Act or the regulations is guilty of an offence and liable to a fine of not more than $5000 and in default of payment to a term of imprisonment of not more than 60 days. Form 3 Weed Control Act (Section 13) Notice to Remedy Weed Problem on Subdivided Land TO: ADDRESS: You are hereby directed that as an owner or occupant of subdivided land you are required to destroy restricted weeds and noxious weeds within the time specified in this notice. Weeds may be destroyed by intermittent cultivation, mowing or by application of an appropriate herbicide. Action is to be completed on or before 20 . A schedule of restricted and noxious weeds is attached and forms part of this notice. If this notice is not complied with action will be taken in accordance with the Weed Control Act. Dated 20 Issued under section 13 of the Weed Control Act File No. (Issuing Municipality) IMPORTANT: SEE REVERSE SIDE (Reprinted from the Weed Control Act) Violation 31 An occupant of land, or if the land is unoccupied, the owner of the land, shall as often as is necessary (a) destroy all restricted weeds located on the land to prevent the spread, growth, ripening or scattering of the restricted weeds, (b) control in accordance with this Act and the regulations all noxious weeds located on the land to prevent the spread, growth, ripening or scattering of the noxious weeds, and (c) prevent the spread or scattering of nuisance weeds. 32 An owner or occupant of land who receives a notice under this Act shall, subject to any right of appeal given by this Act, carry out the directions contained in the notice. Appeals 28(1) A person who (a) has an interest in land as an owner or occupant, and (b) considers himself aggrieved by a notice that relates to the land and that is given by an inspector under section 12, 13 or 18(1), may appeal to the local authority of the municipality in which that land is located by filing a notice of appeal under this section. (2) A notice of appeal shall be in writing and shall set out (a) the name and address of the appellant, (b) a copy of the notice in respect of which the appeal is being taken, (c) the legal description of the land affected, and (d) the grounds for appeal. (3) A notice of appeal shall be delivered personally or sent by double registered mail or certified mail to the municipal secretary, within the time specified in the notice for doing the thing required by the notice or 10 days, whichever is less. (4) A notice of appeal shall be accompanied with a deposit in an amount prescribed by the regulations. (5) The deposit made under subsection (4) shall be refunded if the appellant is successful in the appellant’s appeal under this section or in a review under section 29. (6) A local authority shall at least once a year appoint an independent committee to hear and determine appeals under this section and on receipt of a notice of appeal a local authority shall refer the appeal to that committee. (7) Within 15 days from the day of receipt of a notice of appeal, the committee shall hear and determine the appeal and the committee may confirm, rescind or vary the notice that was issued. (8) The municipal secretary shall, on determination of the appeal, send a copy of the decision together with the written reasons, if any, to the appellant by double registered mail or certified mail. Offence 38 A person who contravenes this Act or the regulations is guilty of an offence and liable to a fine of not more than $5000 and in default of payment to a term of imprisonment of not more than 60 days. Schedule of Restricted and Noxious Weeds (From the Weed Regulation) Restricted Red bartsia - Odontites serotina Dum. Diffuse knapweed - Centaurea diffusa Lam. Spotted knapweed - Centaurea maculosa Lam. Nodding thistle - Carduus nutans L. Eurasian water milfoil ‑ Myriophyllum spicatum L. Dodder ‑ Cuscuta spp. Yellow star ‑ thistle ‑ Centaurea solstitialis L. Noxious Russian knapweed - Centaurea repens L. Field bindweed - Convolvulus arvensis L. White cockle - Silene alba (Mill.) E.H.L. Krause Bladder campion - Silene cucubalus Wibel Cleavers - Galium aparine L. and Galium spurium L. Hoary cress - Cardaria spp. Knawel - Scleranthus annuus L. Perennial sow thistle - Sonchus arvensis L. Cypress spurge - Euphorbia cyparissias L. Leafy spurge - Euphorbia esula L. Stork’s bill - Erodium cicutarium (L.) L’Her. Canada thistle - Cirsium arvense (L.) Scop. Toadflax - Linaria vulgaris Hill. Persian darnel - Lolium persicum Boiss. & Hohen. Scentless chamomile - Matricaria perforata Merat. Common tansy - Tanacetum vulgare L. Blue weed - Echium vulgare L. Spreading dogbane - Apocynum androsaemifolium L. Field scabious - Knautia arvensis (L.) Duby Hound’s‑tongue - Cynoglossum officinale L. Oxeye daisy - Chrysanthemum leucanthemum L. Tall buttercup - Ranunculus acris L. Purple loosestrife - Lythrum salicaria L. Form 4 Weed Control Act (Sections 4 and 5) PHOTO Alberta Weed Inspector Identification Card This certifies that (name) of (address) is an inspector under the Weed Control Act for the jurisdiction of (County, M.D., I.D., town, village) . This appointment is effective from (date) to (date) (termination of employment) (Municipal Secretary, I.D. Administrator) IMPORTANT: SEE REVERSE (Reprinted from the Weed Control Act) 37 No person shall willfully obstruct or delay an inspector carrying out his duties under this Act or the regulations. Offence 38 A person who contravenes this Act or the Regulations is guilty of an offence and liable to a fine of not more than $5000 and in default of payment to a term of imprisonment of not more than 60 days. AR 171/2001 Sched.2;217/2002