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.