Weed Control Act

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Sections47

• 1Definitions

  1 In this Act, “area weed inspector” means an area weed inspector appointed under section 6 or 11; (“inspecteur de secteur des mauvaises herbes”) “chief inspector” means the chief inspector appointed under section 2; (“inspecteur en chef”) “district weed inspector” means a district weed inspector appointed under section 2; (“inspecteur de district des mauvaises herbes”) “inspector” means an area weed inspector, district weed inspector or municipal weed inspector; (“inspecteur”) “local weed” means a plant designated under section 10 as a local weed; (“mauvaise herbe locale”) “Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”) “municipal weed inspector” means a municipal weed inspector appointed under section 8; (“inspecteur municipal des mauvaises herbes”) “noxious weed” means a plant that is deemed to be a noxious weed under subsection 10 (2) or designated …

• 1.
• 2Chief inspector, district weed inspector

  2 The Minister may appoint a chief inspector and a district weed inspector for any district designated in the appointment. R.S.O. 1990, c. W.5, s. 2.

• 2.
• 3Duty to destroy noxious weeds

  3 Every person in possession of land shall destroy all noxious weeds on it. R.S.O. 1990, c. W.5, s. 3.

• 3.
• 4Persons deemed in possession

  4 For the purposes of this Act, the owner of land shall be deemed, unless the contrary is proved, to be the person in possession of it. R.S.O. 1990, c. W.5, s. 4.

• 4.
• 5Road authorities deemed in possession of roads

  5 For the purposes of section 3, every road authority within the meaning of the Public Transportation and Highway Improvement Act shall be deemed to be the person in possession of the land under its jurisdiction. R.S.O. 1990, c. W.5, s. 5.

• 5.
• 6Appointment of inspectors

  6 (1) The council of every upper-tier and single-tier municipality shall by by-law appoint one or more persons as area weed inspectors to enforce this Act in the area within the council’s jurisdiction and fix their remuneration or other compensation. R.S.O. 1990, c. W.5, s. 6 (1); 2002, c. 17, Sched. F, Table. Division into areas (2) The council may divide the upper-tier or single-tier municipality into areas and appoint one or more area weed inspectors for each area. R.S.O. 1990, c. W.5, s. 6 (2); 2002, c. 17, Sched. F, Table. Failure to appoint inspectors (3) If a council fails to appoint an area weed inspector, the Minister may appoint the area weed inspector and fix his or her remuneration or other compensation. R.S.O. 1990, c. W.5, s. 6 (3). Minister to notify council of appointment (4) The Minister shall notify the council of the appointment in writing and the treasurer of the muni…

• 6.
• 7Clerk to notify chief inspector of appointment

  7 (1) The clerk of each upper-tier and single-tier municipality shall, before the 1st day of April in each year, give the chief inspector a written notice indicating the name and address of every area weed inspector and the area for which the appointment is made. R.S.O. 1990, c. W.5, s. 7 (1); 2002, c. 17, Sched. F, Table. Idem (2) If the council of an upper-tier or single-tier municipality passes a by-law appointing an area weed inspector on or after the 1st day of April, the clerk shall within seven days after the passing of the by-law give the chief inspector a written notice indicating the name and address of every area weed inspector and the area for which the appointment is made. R.S.O. 1990, c. W.5, s. 7 (2); 2002, c. 17, Sched. F, Table. Idem (3) If an area weed inspector resigns or the council revokes the appointment, the clerk of the municipality shall within seven days of the …

• 7.
• 8Appointment of municipal weed inspectors

  8 (1) The council of any municipality not referred to in subsection 6 (1) may by by-law appoint one or more persons as municipal weed inspectors to enforce this Act in the area within the council’s jurisdiction and fix their remuneration or other compensation. R.S.O. 1990, c. W.5, s. 8 (1). Co-operation with area weed inspector (2) Persons who are appointed as municipal weed inspectors shall carry out their duties in co-operation with the area weed inspector. R.S.O. 1990, c. W.5, s. 8 (2). Joint jurisdiction (3) Even though a municipal weed inspector has been appointed by a municipality, the area weed inspector may, when he or she considers it necessary, exercise his or her powers under this Act in the municipality. R.S.O. 1990, c. W.5, s. 8 (3).

• 8.
• 9Clerk to notify chief inspector of appointment

  9 (1) The clerk of each municipality not referred to in subsection 6 (1) shall, before the 1st day of April in each year, give the chief inspector a written notice indicating the name and address of every municipal weed inspector for the area within its jurisdiction and the area for which the appointment is made. R.S.O. 1990, c. W.5, s. 9 (1). Idem (2) If the council of any municipality not referred to in subsection 6 (1) passes a by-law appointing a municipal weed inspector on or after the 1st day of April, the clerk shall within seven days after the passing of the by-law give the chief inspector a written notice indicating the name and address of every municipal weed inspector and the area for which the appointment is made. R.S.O. 1990, c. W.5, s. 9 (2). Idem (3) If a municipal weed inspector resigns or the council revokes the appointment, the clerk of the municipality shall within sev…

• 9.
• 10Designation of weeds

  10 (1) A council of an upper-tier or single-tier municipality that has appointed an area weed inspector or a council of a local municipality that has appointed a municipal weed inspector may by by-law designate as a local weed any plant that is not a noxious weed. 2002, c. 17, Sched. F, Table. Effect of designation (2) The by-law may apply in respect of the whole or any part of the municipality and, for the purposes of this Act, the plant that is designated shall be deemed to be a noxious weed within the area to which the by-law applies. R.S.O. 1990, c. W.5, s. 10 (2). Approval of by-laws (3) The by-law does not take effect until it is approved by the Minister. R.S.O. 1990, c. W.5, s. 10 (3). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

• 10.
• 11Inspectors in territory without municipal organization

  11 (1) The Minister may appoint area weed inspectors in territory without municipal organization. 2019, c. 14, Sched. 14, s. 14 (2) and 2021, c. 25, Sched. 26, s. 2. Same (1.1) Area weed inspectors appointed under subsection (1) shall have the powers of an inspector. 2019, c. 14, Sched. 14, s. 14 (2) and 2021, c. 25, Sched. 26, s. 2. Expenses for enforcement collectable (2) This Act applies in the case of territory without municipal organization in the same manner as in the case of a municipality, except that any sums payable by a person liable for expenses incurred or remuneration paid in enforcing this Act may be recovered with costs as a debt due to the Crown. R.S.O. 1990, c. W.5, s. 11 (2); 2019, c. 14, Sched. 14, s. 14 (3) and 2021, c. 25, Sched. 26, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 14, s. 14 (2, 3) - 01/01/2022 CTS 6 FE 25 - 1

• 11.
• 12Powers of inspectors

  12 (1) For the purpose of searching for noxious weeds or weed seeds, an inspector may at any time between sunrise and sunset enter upon any land and buildings, except a dwelling house, in the area within his or her jurisdiction and inspect the land, buildings and any implements, machinery, vehicles and crops or other plants. R.S.O. 1990, c. W.5, s. 12 (1). Identification to be provided (2) An inspector shall, upon request, show proper identification to the owner or occupier of the land or building being inspected. R.S.O. 1990, c. W.5, s. 12 (2). Application for warrant (3) If an inspector is denied entry or access to buildings or land or is obstructed while carrying out an inspection, the inspector may apply to a justice of the peace for a warrant. R.S.O. 1990, c. W.5, s. 12 (3). Issuing of warrant (4) If a justice of the peace is satisfied on evidence upon oath that it is necessary for …

• 12.
• 13Order for destruction of weeds

  13 (1) An inspector who finds noxious weeds or weed seeds on land in the area within his or her jurisdiction may order the person in possession of the land to destroy the noxious weeds or weed seeds. R.S.O. 1990, c. W.5, s. 13 (1). Time for destruction of weeds (2) The order shall be in the prescribed form and shall specify a time of at least seven days, excluding Saturdays and holidays, from the date of the service of the order within which the noxious weeds or weed seeds shall be destroyed. R.S.O. 1990, c. W.5, s. 13 (2). Service of order (3) The order shall be served upon every person named in it, (a) by personal service; or (b) by sending a copy of the order by mail, by registered mail, by certified mail or by courier service to the last address for service provided by the person or, if no such address has been provided, to the person’s address last noted on the tax assessment roll o…

• 13.
• 14Obstruction of inspectors

  14 No person shall hinder or obstruct an inspector in the course of his or her duties, refuse to furnish the inspector with information or furnish him or her with false information. R.S.O. 1990, c. W.5, s. 14.

• 14.
• 15Failure to comply with order

  15 (1) If an order served under section 13 is not complied with, the inspector may cause the noxious weeds or weed seeds to be destroyed in the prescribed manner. R.S.O. 1990, c. W.5, s. 15 (1). Expenses of inspectors (2) Inspectors shall keep a record of the expenses incurred under subsection (1) with respect to each parcel of land. R.S.O. 1990, c. W.5, s. 15 (2). Statement of expenses to be served on owner and person in possession of land (3) The expenses shall be submitted to the clerk of the municipality who shall have a statement of the expenses and a notice requesting payment served on the person in possession of the land and on its owner. R.S.O. 1990, c. W.5, s. 15 (3). Service of statement and notice (4) The statement and notice shall be served in the same manner as an order under section 13. R.S.O. 1990, c. W.5, s. 15 (4). Failure to pay (5) If the person upon whom a statement a…

• 15.
• 16Destruction of weeds

  16 (1) Despite section 13, the council of any local municipality may direct any of its municipal weed inspectors or, if there are none, the area weed inspectors to cause noxious weeds or weed seeds to be destroyed in the prescribed manner on all or part of any lot shown on a registered plan of subdivision and on lots not exceeding 10 acres that are not shown on such a plan. R.S.O. 1990, c. W.5, s. 16 (1); 2002, c. 17, Sched. F, Table. Notice requirement (2) Before noxious weeds or weed seeds are destroyed, the council shall publish notice of its intent to have the noxious weeds or weed seeds destroyed in a newspaper having general circulation in the municipality. R.S.O. 1990, c. W.5, s. 16 (2). Report of inspector (3) The inspector shall report to the clerk of the municipality the amount of the expenses incurred under this section with respect to each parcel of land. R.S.O. 1990, c. W.5,…

• 16.
• 17Application for refund, etc.

  17 A person may apply to the council for the cancellation, reduction or refund of an amount levied in the year with respect to orders for weed control and is entitled to make an appeal to the Assessment Review Board in the same manner as for taxes under section 357 of the Municipal Act, 2001 or section 323 of the City of Toronto Act, 2006, as the case may be. R.S.O. 1990, c. W.5, s. 17; 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 70 (3). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 70 (3) - 01/01/2007

• 17.
• 18Notice requiring noxious weeds and weed seeds to be destroyed

  18 (1) A district weed inspector who finds noxious weeds or weed seeds on any land owned by or under the control of a municipality within his or her district may deliver or send by mail, by registered mail, by certified mail or by courier service to the clerk of the municipality a notice requiring the noxious weeds or weed seeds to be destroyed before a date specified in the notice. R.S.O. 1990, c. W.5, s. 18 (1); 2009, c. 33, Sched. 1, s. 27 (3). Failure to comply with notice (2) If the notice is not complied with, the district weed inspector may cause the noxious weeds or weed seeds to be destroyed in the prescribed manner. R.S.O. 1990, c. W.5, s. 18 (2). Recovery of expenses (3) The expenses incurred by the district weed inspector under subsection (2) shall be paid by the municipality concerned and are recoverable in any court of competent jurisdiction by the Minister in the name of t…

• 18.
• 19.Prohibition

  19. 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.O. 1990, c. W.5, s. 19.

• 20Agricultural machines

  20 If the moving of a machine used for agricultural purposes is likely to cause noxious weeds or weed seeds to grow or spread, no person shall move the machine or cause it to be moved without first removing from it all seeds and other residue. R.S.O. 1990, c. W.5, s. 20.

• 20.
• 21Grain elevators, etc.

  21 A person in charge of a grain elevator, seed-cleaning plant or other grain-cleaning or grain-grinding plant shall dispose of all refuse containing weed seeds in a manner that will prevent them from growing or spreading. R.S.O. 1990, c. W.5, s. 21.

• 21.
• 22Exception

  22 Sections 3, 13, 16 and 18 do not apply to noxious weeds or weed seeds that are far enough away from any land used for agricultural or horticultural purposes that they do not interfere with that use. R.S.O. 1990, c. W.5, s. 22.

• 22.
• 23Offence

  23 (1) A person who contravenes this Act or the regulations, or an order made under this Act, is guilty of an offence and on conviction is liable for a first offence to a fine of not less than $500 and not more than $2,000 and for each subsequent offence to a fine of not less than $1,000 and not more than $5,000. R.S.O. 1990, c. W.5, s. 23 (1). Idem, particular circumstances (2) Subsection (1) applies to a person who is in contravention of section 3 or of an order made under subsection 13 (1) even though an inspector has caused or may cause the noxious weeds and weed seeds to be destroyed. R.S.O. 1990, c. W.5, s. 23 (2).

• 23.
• 24Regulations

  24 (1) The Lieutenant Governor in Council may make regulations, (a) designating plants as noxious weeds; (b) prescribing the procedures for destroying noxious weeds and weed seeds; (c) prescribing the conditions under which noxious weeds and weed seeds may be destroyed under sections 15, 16 and 18; (d) respecting the transportation of farm produce, gravel or any other substance that is infested with noxious weeds or weed seeds; (e) prescribing measures that shall be taken to prevent the establishment of any noxious weed in any locality; (f) providing for the reimbursement of upper-tier municipalities, single-tier municipalities and municipalities in territorial districts by the Province of Ontario for any part of the money spent under this Act and prescribing limits on the amounts reimbursed; (g) prescribing measures that shall be taken to prevent the use of bird feed that is infested wi…

• 24.