Ministry Responsible Agriculture and Food

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4 The following regulations are repealed: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.;

(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.;

(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.;

(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. ______

2. ______

3. ______

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

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,

(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

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

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,

(d) the grounds for appeal.

(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.

(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

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

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,

(d) the grounds for appeal.

(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.

(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

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