PRRD/NEIPC Agriculture Weed Day
Dawson Creek
March 28, 2012
Weed Control Act and Regulation
Regulatory Change and Moving Forward
David Ralph
Invasive Plant Program
Range Branch
BC Ministry of Forests, Lands and Natural Resource Operations
Kamloops, BC
Weed Control Legislation History
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First weed legislation in the new Province of British
Columbia (1871).
Thistle Prevention Act (1877) refers to “perennial
thistles” with no specific species named
Noxious Weeds Act (1888) listed 8 species
Purpose to prevent the spread of noxious weeds
Applicable west of Cascades only until 1911.
B. Wilkeem, Presentation, History of Weeds in BC,
2008 IPCBC Research Forum
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Municipal enforcement early 1900’s
Weed Control Legislation History
Municipal Councils and the Boards of Commissioners
of villages authority to appoint weed inspectors
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The enforcement of the “Noxious Weeds Act” in unorganized districts of BC is
in the hands of the Government, whilst the municipalities are largely
responsible for its enforcement in organized districts. It should be realized,
however, that the secret of successful weed control is education and
cooperation; nevertheless, those in charge of weed-work should make it clearly
understood that the weed laws of the province must be respected and enforced
if necessary.
Weeds and Their Control Bulletin No. 106, Province of BC,
Dept. Of Agriculture in collaboration with University of BC. 1939
Weed Control Act
Duty to control noxious weeds
2.
In accordance with the regulations, an occupier must control noxious weeds
growing or located on land and premises, and on any other property located on
land and premises, occupied by that person.
Weed Control Legislation History
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25 species listed (in regulation) by 1979
32 species listed by 1986
48 species listed by 2001
Revisions of WCA Regulation begins 2009 MAL.
Revisions began with written Regulations and Part ‘A’
lists.
In 2010, Weed Control Act and Regulation was
transferred to the Ministry of Forests, Lands and
Natural Resource Operations (FLNRO)
Addition of 18 provincial listed species in 2011.
Weed Control Legislation History
Order in Council July 2011 added 18 new species to
Provincial list in Regulations:
Bohemian Knotweed (Fallopia x bohemica)
Giant Mannagrass (Glyceria maxima)
Bur Chervil (Anthriscus caucalis)
Himalayan Knotweed (P. polystachyum)
Common Reed (Phragmites australis subsp. australis) Japanese Knotweed (Fallopia japonica)
Dense-flowered Cordgrass (Spartina densiflora)
Milk Thistle (Silybum marianum)
English Cordgrass (Spartina anglica)
North Africa Grass (Ventenata dubia)
Flowering Rush (Butomus umbellatus)
Purple Loosestrife (Lythrum salicaria)
Garlic Mustard (Alliaria petiolata)
Saltmeadow Cordgrass (Spartina patens)
Giant Hogweed (Heracleum mantegazzianum)
Smooth Cordgrass (Spartina alterniflora)
Giant Knotweed (Fallopia sachalinensis)
Yellow Flag Iris (Iris pseudacorus)
Government Obligations as Administrator
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Ministry of FLNRO administers legislation
Enabling to local government, not mandatory
Local government and Minister appoint inspectors
Weeds added by request of local government and
FLNRO must entertain requests.
Weed Specialists review for accuracy, management
plans prior to submission to OIC
Specialists may also request addition of species.
Enforcement typically carried out by local government,
but prov. gov’t inspectors may also enforce.
Cost recovery process at local go's level.
Weed Control Act and Regulations
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Act guides administrative process;
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Definitions, duty of land occupiers to control,
cost recovery, inspection abilities and
enforcement policies, committee structure,
weed control agreements
Regulation guides operational process;
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Definitions in regulations, designation of
‘noxious weeds’, enforcement process (notice
to control), forms and situations that are
enforceable
Proposed Weed Control Act Regulation
Revisions
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Weed Control Act is not being reviewed for revisions at
this time.
Weed Control Act Regulation is currently under review
and revisions have been underway since 2009
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First revisions to authority of weed inspectors and Schedule
‘A’, Part I and II from Provincial and Regional to Provincial
Prohibited and Provincial Restricted and Regional Restricted
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Provincial Prohibited - designated as noxious throughout BC.
Occupier. Targeted for eradication from land and premises
occupied by that person, and from property located on that
land and premises.
Proposed Weed Control Act Regulation
Revisions
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Provincial Restricted - widespread in some parts of the
province, but rare or absent in other parts of the
province. The goal is to prevent them from spreading
into new areas, and to contain or reduce their
populations in already infested areas.
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Regional Restricted - Species typically common and
widespread province-wide and may be under biological
control. A region may require control if it poses a threat
to agriculture, natural ecosystems and natural
resources
Proposed Weed Control Act Regulation
Revisions
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Propose two “Watch lists”
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Species that have potential of threatening invasion
to BC but did not meet criteria for inclusion in
Provincial Prohibited list
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Watch List 1 - reviewed/accessed annually
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Watch List 5 – reviewed/accessed every 5 years
Proposed Weed Control Act Regulation
Revisions
Review and Input to date
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‘Schedule B’ Notice to Occupier to Control Weeds,
Interpretations, Definitions and Enforcement situations
of Regulations has been reviewed internally with
preliminary assessment.
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Indications are expansion and strengthening of
enforceable offence situations/actions.
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Many recommendations from stakeholders indicate
increasing powers of Regulations
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Preventive abilities or measures strong consideration
Proposed Weed Control Act Regulation
Revisions
Changes for Consideration
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Review weed/IP legislation from neighbouring jurisdictions
• Western provinces, US states bordering BC
Intent to achieve increased harmonization of legislation
Movement/Transport of all Noxious Weeds on vehicles to
be strengthened
Inclusion of sale of noxious species.
Opportunities for enforcement options for movement of
Noxious Weed infested material
• Currently only land based enforcement on occupier
Proposed Weed Control Act Regulation
Revisions
Changes for Consideration
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Measures to prevent introduction to BC through borders
• Will have to align with Federal (CFIA) Invasive Plant
legislation
Strengthen materials containing Noxious Weeds such as
soil, fertilizer, topsoil, etc
Expand ‘Schedule B’ Notice to Occupier to Control Weeds
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More options for Weed Inspector to issue specific required action(s)
Aquatics to be included in Regulations
Expand scope of legislation due to additional species
outside historic agricultural concern
Next Steps
Weed Control Act Regulation Revisions
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Inter Ministry Invasive Plant Working Group to review and
comment on proposed changes to Regulations
Draft intent of sections
Revised Regulations of intent reviewed by Attorney General
ministry staff for comment and discussion
Review by local governments (Regional Districts,
Municipalities) for review and comment
Draft Regulations prepared by AG and presented for OIC
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Expected completion of Regulation revisions unknown
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Input from Peace River Region Producers
Screenings
4 (1) No person shall transport, keep for sale, offer to buy or sell, or buy or sell any screenings containing
seeds of a noxious weed unless
(a) the screenings are graded as No. 1 or No. 2 feed screenings under section 17 of the Off Grades of
Grain and Grades of Screenings Order established by SOR 71-91 under the Canada Grain Act,
(b) he holds a valid and subsisting
(I) permit for removal of screenings in the form of Schedule C, or
(ii) feeder's permit in the form of Schedule D
issued by the minister, and the permit holder complies with the terms and conditions set out in the permit,
or
(c) the screenings have been treated so as to devitalize any weed seeds.
(2) Nothing in the section prevents
(a) a farmer transporting from a grain elevator, mill or warehouse to his farm screenings that have been
removed from grain grown on that farm, or
(b)a person keeping/selling for export from the Province any screenings from grain that is reclined in BC
(3) On the sale of any screenings, the person who sells the screenings shall file with minister a report
specifying
(a) the quantity of screenings sold,
(b) the date and place of shipment, and
(c) the person within the Province to whom the screenings are to be shipped.
Proposed Weed Control Act Regulation
Revisions for ‘Screenings’ section
Changes for Consideration
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Three pronged effort to address ‘Screening section’
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Use Schedule ‘B’ enforcement notice to occupier
Include ‘ No person shall be allowed to be deposit noxious weeds in
a manner to allow their spread
Transport in a covered container
Storage of material (screenings, forage, feed, etc)
strengthened
Movement and transport of Noxious Weeds on vehicles,
containers to be strengthened
Thank you for your
Attention,
Input
and
Comments