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     Alberta Regulation 184/2001

     Agricultural Pests Act

     PEST AND NUISANCE CONTROL REGULATION

     Filed:  October 12, 2001

Made by the Deputy Premier and Minister of Agriculture, Food and Rural
Development (M.O. 05/2001) on October 3, 2001 pursuant to section 21 of the
Agricultural Pests Act.


     Table of Contents

Interpretation 1
Pests     2
Nuisances 3
Transactions, etc., in pests and infested matter  4
Pest infestation tag     5
Detention order and its effect     6
Minister's authority to declare a quarantine 7
Methods to control nuisance   8
Seed potatoes  9
Notification of infestation   10
Permit to purchase, keep or sell rats   11
Protection of livestock from warble larva    12
Examination facilities in animal markets     13
Coyote and skunk control 14
Conditions on inspector's authorization 15
Deposit on notice of appeal   16
Repeal    17
Expiry    18

Schedules


Interpretation
1(1)  In this Regulation,

     (a)  "Act" means the Agricultural Pests Act;

     (b)  "Department" means the Minister's Department;

     (c)  "import" means import into Alberta;

     (d)  "infestable item" means any crop, vegetation, produce,
livestock or other animal, machinery, equipment or anything else, other
than land, that is capable of being infested;

     (e)  "infested" means having a condition that shows signs of the
presence of a pest;

     (f)  "local inspector" means an inspector who has the requisite
local jurisdiction for the action in question and is not a provincial
inspector; 

     (g)  "market" means a stockyard, auction market or other place where
any infestable item is held for sale, assembly, shipment or other disposal; 

     (h)  "provincial inspector" means an inspector appointed by the
Minister under section 9(1) of the Act; 

     (i)  "sell" means 

               (i)  sell or barter, or offer to do so, or

               (ii) solicit, advertise, display or expose for, or with
a view to effecting a, sale or barter.

(2)  References in this Regulation to a numbered Form are references to the
form bearing that number, as set out in Schedule 1.


Pests
2   The following continue to be declared pests throughout Alberta:

     (a)  Bacterial ring rot (Clavibacter michiganensis subs.
sepedonicus);

     (b)  Black leg of canola (the virulent strain) (Leptosphaeria
maculans);

     (c)  Columbia River root knot nematode (Meloidogyne chitwoodi);

     (d)  Dutch elm disease (Ophiostoma ulmi and Ophiostoma nova-ulmi);

     (e)  Native elm bark beetle (Hylurgopinus rufipes);

     (f)  European elm bark beetle (Scolytus multistriatus);

     (g)  Dwarf bunt (Tilletia controversa);

     (h)  Fireblight and the causal bacterium (Erwinia amylovora);

     (i)  Flag smut of cereals (Urocystis agropyri);

     (j)  Golden nematode (Globodera rostochiensis);

     (k)  Grasshopper (Locustidae);

     (l)  Head smut of corn (Spacelothecia reiliana);

     (m)  Karnal bunt (Tilletia indica Mitra);

     (n)  Norway rat and any other rat species or strain derived from the
genus Rattus;

     (o)  Potato wart (Synchytrium endobioticum);

     (p)  Stem and bulb nematode (Ditylenchus dipsaci);

     (q)  Warble fly (Hypoderma species);

     (r)  White rot of onions (Sclerotium cepivorum Berk);

     (s)  Gypsy moth (Porthetria dispar L.);

     (t)  Africanized bee (Apis mellifera adansonii);

     (u)  Lesser grain borer (Rhyzopertha dominica);

     (v)  Rabies (Rhabdoviruses);

     (w)  Fusarium head blight (Fusarium graminearum);

     (x)  Chalkbrood (Ascosphaere aggregata).


Nuisances
3   The following continue to be declared nuisances throughout Alberta:

     (a)  Coyote (Canis latrans);

     (b)  Skunk (Mephitis mephitis);

     (c)  Richardson's ground squirrel (Spermophilus richardsonii);

     (d)  Franklin's ground squirrel (Spermophilus franklinii);

     (e)  Thirteen-lined ground squirrel (Spermophilus tridecemlineatus);

     (f)  Columbian ground squirrel (Spermophilus columbianus);

     (g)  Northern pocket gopher (Thomomys talpoides);

     (h)  Deer mouse (Peromyscus maniculatus);

     (i)  Meadow vole (Microtus pennsylvanicus);

     (j)  House mouse (Mus musculus);

     (k)  Bushy-tailed wood rat (Neotoma cinerea);

     (l)  English sparrow (Passer domesticus);

     (m)  Rock dove (Columba livia);

     (n)  European starling (Sturnus vulgaris);

     (o)  Magpie (Pica pica).


Transactions, etc., in pests and infested matter
4(1)  A person shall not import, purchase, sell or otherwise dispose of,
transport, distribute or plant any infestable item that is infested or any
pest without the prior written authorization to do so of a provincial
inspector or, if the article is to be kept in Alberta, of a local inspector
who is empowered to act in the local jurisdiction where it is to be kept.

(2)  Subsection (1) does not apply with respect to 

     (a)  the purchase and sale at a market of livestock that bears a
pest infestation tag attached to it under section 5(1), or 

     (b)  any incidental importation and transportation of that livestock
to, and any transportation of it from, the market.

(3)  If an infestable item that is or is suspected to be or that
subsequently transpires to be infested, or a pest, is or was imported,
purchased, sold or otherwise disposed of, transported, distributed or
planted, each person involved in that activity shall provide to an
inspector, on request, the names and addresses of all other persons known
to be so involved, within 24 hours of the request or within such longer
period as is specified by the inspector.


Pest infestation tag
5(1)  To facilitate the identification of livestock so as to help prevent
the spread of an infestation, an inspector may attach a pest infestation
tag to the livestock in the form set out in Form 1.

(2)  Subsection (1) does not apply to livestock destined for immediate
slaughter.

(3)  A person shall not remove or have removed a pest infestation tag
attached under subsection (1) until

     (a)  authorized to do so by an inspector, or 

     (b)  in the case of cattle, the cattle have been sold at and 
removed from a market.


Detention order and its effect
6(1)  A notice under section 12(1) of the Act must be in the form set out
in Form 2.

(2)  On issuing a notice under section 12(1) of the Act in respect of
livestock or other property, excluding land, an inspector may order its
detention by attaching to it a pest detention tag in the form set out in
Form 3.

(3)  A person shall not sell or otherwise dispose of, purchase, transport,
distribute or plant anything detained under subsection (2) before it is
released under subsection (4).

(4)  An inspector may release the property detained under subsection (2) by
providing a written notice of release of it in the form set out in Form 4.


Minister's authority to declare a quarantine
7   The Minister may by order declare a quarantine in all or any part of
Alberta of any land or infestable item that is infested and fix the
duration and conditions of the quarantine, including a prohibition of or
restriction on the movement of any infestable item by any person.  


Methods to control nuisance
8   An owner or occupant of land may control a nuisance on that land by
means that are generally considered to be sound husbandry practices and
that comply with all applicable laws.


Seed potatoes
9(1)  In this section and Form 5, "bacterial ring rot", "non-certified
potatoes" and "seed potatoes" have the meanings respectively assigned to
them by Part II of the Seeds Regulations (Canada), C.R.C., c.1400.

(2)  A person who imports seed potatoes shall, at the earliest practicable
time, give notice of the place where they will be made available for
inspection, to the local inspector nearest to that place.

(3)  A person shall not

     (a)  plant seed potatoes on land that, in the previous growing
season, was infested, or

     (b)  store seed potatoes that are infested

with bacterial ring rot.

(4)  A person shall not plant seed potatoes unless 

     (a)  they meet the standards for any of the classes established in
section 47 of the Seeds Regulations (Canada), C.R.C., c.1400, and 

     (b)  that person has documentary evidence that they meet those
standards.

(5)  Subsection (4) does not apply to the planting of potatoes

     (a)  by a person for consumption only by that person's household and
acquaintances, with no sale involved, or

     (b)  from non-certified potatoes by a person who holds a permit
referred to in subsection (6).

(6)  The Minister may issue a permit for the purposes of subsection (5)(b)
in the form set out in Form 5, and may attach the conditions on the
planting that are specified in the permit.


Notification of infestation
10   An inspector who finds on any premises evidence of an infestation in
any crop may notify persons engaged in the growing, transporting or
processing of any crop that may be affected by the infestation, or any
organizations representing them, of the infestation, including the location
of those premises and the name of their occupants, if the inspector
considers such notification necessary or advisable with a view to
preventing the spread of or controlling the infestation.


Permit to purchase, keep or sell  rats
11(1)   The Minister may, on application in writing, issue a permit in the
form set out in Form 6 allowing a person who operates a research facility
or zoo or an inspector to purchase, keep or sell live rats if the facility
where the rats are to be kept meets the minimum standards required by the
Minister.

(2)  A person shall not purchase, keep or sell live rats unless the person
holds a permit issued under subsection (1).


Protection of livestock from warble larva 
12(1)  In this section,

     (a)  "lactating dairy cows" means cows whose milk is used for human
consumption;

     (b)  "warble larva", commonly known as "cattle grub", means the
larval stage of the warble fly.

(2)  The owner of livestock that contains or is likely or is suspected to
contain warble flies shall ensure that the following measures, so far as
applicable, are taken with a view to destroying or preventing the
occurrence in the livestock of warble larva:

     (a)  treat all cattle, other than lactating dairy cows, from March 1
to April 30 and from September 1 to November 30 in each year with a
pesticide registered under the Pest Control Products Act (Canada) that is
designed to be absorbed by and circulated in cattle for the purpose of
destroying warble larva in the cattle, in accordance with the label on the
pesticide container;

     (b)  treat all lactating dairy cows from February 15 to June 15 in
each year at 1-month intervals with an insecticide registered under the
Pest Control Products Act (Canada) that has to come in actual contact with
a warble larva in order to destroy the warble larva;

     (c)  comply with the directions of an inspector with respect to 
destruction of warble larva in the livestock.

(3)  The owner of livestock animals that are imported and are or are
suspected to be infested with warble larva shall, at the first point of
unloading of the livestock, ensure that they are treated in accordance with
the applicable provisions of this section.

(4)  Local inspectors shall

     (a)  ensure that all live livestock offered for sale at markets
designated by the Minister in their jurisdiction are inspected for warble
larva during the period when warble larva are usually visible in the bodies
of livestock animals, and

     (b)  attach a pest infestation tag to livestock found to be infested
with warble larva in accordance with section 5.


Examination facilities in animal markets
13   The owner and the operator of a market where live animals are kept
shall ensure that facilities satisfactory to an inspector are provided
there for the proper examination of the animals.  


Coyote and skunk control
14(1)  In this section and in Forms 7 and 8,

     (a)  "device" means a device that can be used to control coyotes or
skunks;

     (b)  "poisonous material" means any substance or equipment, or a
combination of both, that can be used to poison a coyote or skunk;

     (c)  "use" includes set.

(2)  A person so authorized by the Minister may issue a Form 7 permit to a
person who has been trained by the Department in the use, storage and
handling of devices and poisonous material in respect of which the permit
is issued.

(3)  A person who holds a Form 7 permit may issue Form 8 permits.

(4)  A person shall not use any device or poisonous material with a view to
controlling coyotes or skunks unless the person holds

     (a)  a Form 7 permit authorizing the use of such a device or
material, if the use is to be on land belonging to another person, or

     (b)  a Form 8 permit authorizing the use of such a device or
material, if the use is to be on the permit holder's own land (and whether
or not the holder holds a Form 7 permit).

(5)  A person shall not remove or alter a written warning issued by the
Department concerning the use or storage of any device or poisonous
material unless the person holds

     (a)  a Form 7 permit authorizing that removal or alteration, if the
use or storage is to be on land belonging to another person, or

     (b)  a Form 8 permit authorizing that removal or alteration, if the
use or storage is to be on the permit holder's own land.

(6)  The holder of a Form 7 permit may issue the devices and poisonous
material listed in the permit to the holder of a Form 8 permit for the
control of coyotes or skunks.

(7)  The holder of a Form 7 permit shall not use any device or poisonous
material with a view to controlling coyotes or skunks on land belonging to
another person without first obtaining the permission to do so contained in
a Form 8 permit from its owner or occupant.

(8)  Subsection (7) does not apply to the use of a device or poisonous
material for rabies control on land that is unoccupied in an area
designated in Schedule 2 as a rabies control zone.

(9)  A person shall not use a device or poisonous material with a view to
controlling coyotes unless it has letters, numbers or a chemical marker
indicating its approval by the Minister.

(10)  Subsections (4), (6) and (9) do not apply to an activity specifically
authorized by or under the Wildlife Act or the Environmental Protection and
Enhancement Act.

(11)  A person shall not shoot coyotes or skunks or destroy dens of coyotes
or skunks unless that person

     (a)  holds a Form 7 permit and, if the shooting is to take place on
another person's land, has the written permission of its owner or occupant,
and

     (b)  is acting in compliance with all other applicable laws.

(12)  A person who does not hold a Form 7 permit shall not issue a device
or poisonous material knowing or believing that it is to be used to control
coyotes or skunks.

(13)  A Form 8 permit is not valid for more than 30 days.

(14)  All devices and poisonous material issued under subsection (6) remain
the property of the Government (represented by the Department) and may be
recalled by it at any time.


Conditions on inspector's authorization
15   An inspector may set any conditions considered appropriate on any
authorization given by the inspector under this Regulation.


Deposit on notice of appeal
16   The amount of the deposit required by section 14(4) of the Act is
$100. 


Repeal
17   The Pest and Nuisance Control Regulation (AR 406/86) is repealed.


Expiry
18   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 31, 2006.


     SCHEDULE 1

     FORM 1
     (Sections 5(1) and 12(4)(b))

     PEST INFESTATION TAG (NUMBER  )

     Agricultural Pests Act

     PEST AND NUISANCE CONTROL REGULATION

This livestock animal is or is suspected to be infested with an infestation
that has been declared a pest under the Agricultural Pests Act.

It is unlawful to remove this tag except in accordance with the Pest and
Nuisance Control Regulation made under that Act.


     FORM 2
     (Section 6(1))

     NOTICE TO CONTROL PESTS

     Agricultural Pests Act

     PEST AND NUISANCE CONTROL REGULATION

To    (owner or occupant of land or property or owner or person in control
of livestock)    of    (address)   

You are hereby notified that    (description of land or livestock or other
property)    located on the         quarter of section         township     
   range     west of the       meridian, Alberta, as indicated on the
diagram below, contains or is likely to contain or should be protected
against            (name of pest)              , which has been declared a
pest by the Pest and Nuisance Control Regulation made under the
Agricultural Pests Act, and you are directed to take the following
measures:

    

(description of measures to be taken, including the material, if any, to be
used against the pest)


   NW       NE
          



          


   SW       SE


All of the above measures must be completed within     
days from the date of issue of this notice, failing which action may be
taken in accordance with the legislation referred to above.  This notice is
issued under section 12(1) of the Agricultural Pests Act.  An appeal
against this notice may be served on the municipal secretary, accompanied
by a deposit of $100, before the expiry of the time limit stated above or
the period of 10 days from service of the notice, whichever expiry date
occurs first, and otherwise made in accordance with the Agricultural Pests
Act.

         (Date of Issue)                     (Inspector)         

     Telephone Number:_________________________


     FORM 3
     (Section 6(2))

PEST DETENTION TAG (Number    )

     Agricultural Pests Act

     PEST AND NUISANCE CONTROL REGULATION

The following item, that is       (description of livestock or other
property)       is ordered to be detained in accordance with the following
conditions:

                      (specify conditions of detention)                     

        (Signature of Inspector)   


     FORM 4
     (Section 6(4))

     NOTICE OF RELEASE

     Agricultural Pests Act

     PEST AND NUISANCE CONTROL REGULATION

To                     (owner of livestock or other property or person
in control of livestock)    of    (address)   

You are hereby notified that   (livestock or other property detained),   
marked    (way in which item is marked, if applicable) and located at   
(location of item),    which was placed under detention and identified by
having pest detention tag No.        under the Pest and Nuisance Control
Regulation made under the Agricultural Pests Act attached to it, is now
released from detention and may be disposed of.  The pest detention tag may
now be removed from it.

  (Date of Issue)                 (Signature of inspector)        

              (Address)               

        (Telephone Number)       


     FORM 5
     (Section 9(6))

     PERMIT TO PLANT FROM
     NON-CERTIFIED POTATOES

     Agricultural Pests Act

     PEST AND NUISANCE CONTROL REGULATION

This is to certify that    (name of permit holder)    of    (address)    is
authorized to plant               hectares of seed potatoes on              
     quarter of section                          township       range       
           west of the               meridian, Alberta, from the following
source of non-certified potatoes:

     

The following conditions apply: 

     

     (Date)                                                           
     Minister responsible for the
      Agricultural Pests Act       


     FORM 6
     (Section 11(1))

     PERMIT TO PURCHASE, KEEP OR SELL RATS

     Agricultural Pests Act

     PEST AND NUISANCE CONTROL REGULATION

Name:     (Research facility or zoo operator or inspector)           
Address of facility or zoo, or inspector:    

Under the Pest and Nuisance Control Regulation made under the Agricultural
Pests Act, the Minister responsible for that Act permits the above-named to
purchase and sell live rats and to keep live rats at   (location where to
be kept)   , Alberta until the                   day of               , 20  
 .

This permit may be revoked by the Minister responsible for that Act at any
time.

       (Date)                                                     
     Minister responsible for the
      Agricultural Pests Act       


     FORM 7
     (Section 14)

     PERMIT FOR COYOTE AND SKUNK CONTROL
     ON ANOTHER PERSON'S LAND

     Agricultural Pests Act

     PEST AND NUISANCE CONTROL REGULATION

    

Name of permit holder


Permit holder's employer's name and address





The permit holder named above has been trained in the use, storage and
handling of

               devices and poisonous material for coyote control.

               devices and poisonous material for skunk control.

The permit holder is authorized to do the things ticked below until   
(date when permit expires):   

               use, store and handle the following devices and
               poisonous material:

   (devices and poisonous materials covered by this permit)   

               issue them to an owner or occupier of land who holds
               a Form 8 permit referred to below and train that owner or
occupier to use, handle and store them.

               remove or alter a written warning issued by the
               Department concerning their use or storage.

               shoot coyotes and/or destroy their dens.

               shoot skunks and/or destroy their dens.

               issue Form 8 permits under the Pest and Nuisance Control
Regulation.

The rules and methods for using, storing and handling the devices and
poisonous material are set out in applicable provisions of

         the Agricultural Pests Act and the Pest and Nuisance Control
Regulation (Alberta),

         the Pest Control Products Act (Canada), and

         the policies of Alberta's Department of Agriculture, Food and
Rural Development.


    
Authorized issuer
Date


Address of issuer





     FORM 8
     (Section 14)

     PERMIT TO USE COYOTE OR SKUNK CONTROL
     MATERIAL OR DEVICES ON OWN LAND

     Agricultural Pests Act

     PEST AND NUISANCE CONTROL REGULATION

    
Name of land owner or occupier
Location of owner or occupant's own land on which device or poisonous
material to be used:    Qtr  Sec  Twp  Rge  W of


Mailing address

Postal code
Telephone



The permit holder is authorized to use devices or poisonous material to
control, on the land described above,

1. coyote predation of:

     cattle            sheep            goats             swine  

     farmed deer or elk            poultry              other   

or

2. rabies of:

     skunks           other                                         

               The permit holder is authorized to remove or alter a
written warning issued by the Department concerning the use or storage of
those devices or poisonous material on his/her own land.


Initial one box:


    







I have received         the devices or poisonous material listed below
                                       the Pest Control Products
Act (Canada) label and warning posters for them
                                       instructions for their use,
storage and handling

I agree to                   use the device or poisonous  material only on
the land described above
                                       follow the instructions
given on the product label, and by the inspector named below
                                       keep a map of where I place
them on the land
                                       return all unused devices
and poisonous material by the expiry date given below
                                       report to the inspector on
the success of my coyote or skunk control efforts by the expiry date given
below.











    


I give my permission for the holder of a Form 7 Permit for Coyote and Skunk
Control to use the material listed below on the land described above.










    

Device or poisonous  material
Serial numbers
Amount issued to owners or occupants
Amount used by inspectors
For inspector use only






Amount returned
Date returned


1080 tablets







M44 devices







M44 cartridges







Neck snares







Other:











    
Signature of land owner or occupier

Name of inspector referred to above


Date signed

Date this permit expires




Signature of issuer (holder of a Form 7 permit)




     SCHEDULE 2
     (Section 14(8))

     RABIES CONTROL ZONES

1   The following areas are designated as rabies control zones:

     (a)  townships 1 to 63 in ranges 1 to 4, west of the 4th meridian;

     (b)  townships 1 to 5 in ranges 5 to 29, west of the 4th meridian
except land within Waterton Lakes National Park;

     (c)  townships 3 to 5 in ranges 1 to 5, west of the 5th meridian
except land within Waterton Lakes National Park.


     Alberta Regulation 185/2001

     Dairy Board Act

     MINIMUM MILK PRICE ORDER

     Filed:  October 12, 2001

Made by the Alberta Energy and Utilities Board (Order U2001-248) on October
11, 2001 pursuant to section 12 of the Dairy Board Act.


Minimum price
1   All Class 1 milk shall be purchased on a hectolitre basis and where
that milk has a butterfat content of 3.60 kilograms per hectolitre the
minimum price for that Class 1 milk shall be $66.75 per hectolitre.


Repeal
2   The Minimum Milk Price Order (AR 131/2001) is repealed.


Coming into force
3   This Order comes into force on October 16, 2001.