4 Transactions,
etc., in pests and infested matter
5 Pest
infestation tag
6 Detention
order and its effect
7 Minister’s authority to declare a quarantine
8 Methods
to control nuisance
9 Seed
potatoes
10 Notification
of infestation
11 Permit
to purchase, keep or sell rats
12 Protection
of livestock from warble larva
13 Examination
facilities in animal markets
14 Coyote
and skunk control
15 Conditions
on inspector’s authorization
16 Deposit
on notice of appeal
17 Repeal
18 Expiry
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(1) 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);
(y) Clubroot
(Plasmodiophora brassicae).
(2) Wild boar (Sus scrofa) when at large
in Lac Ste. Anne County is declared to be a pest.
AR 184/2001
s2;150/2003;56/2007
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.
(15) A
person so authorized by the Minister may issue a Form 9 permit to the owner or
occupant of land authorizing the use of dogs to control coyote on that land,
and such a permit is not valid for more than 30 days.
(16) Notwithstanding
section 8, an owner or occupant of land may control a coyote on that land by
destroying, or giving prior authorization to a resident of Alberta to destroy,
the coyote with the use of dogs where
(a) livestock
predation caused by a coyote has occurred within the period of 30 days before
the confirmation under clause (b),
(b) that
predation has been confirmed in writing by an inspector,
(c) a
Form 9 permit has been issued by an inspector in respect of that predation and
is still valid and the terms and conditions of the permit are adhered to, and
(d) if the destruction is to be effected by a
resident of Alberta who is not that owner or occupant, that resident has been
specifically authorized by that owner or occupant in writing on the permit to
do so.
AR 184/2001 s14;201/2001
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, 2011.
AR 184/2001 s18;160/2006
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:
|
|
|
NW
|
|
NE
|
|
(description of measures to be taken, including the
material, if any, to be used against the pest)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 and Food.
|
Authorized issuer
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Date
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|
Address of issuer
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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 occupant
|
Location
of owner or occupant’s own land on which device or poisonous material to be
used:
Qtr Sec Twp Rge W
of
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|
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
|
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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.
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□
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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.
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Device
or poisonous material
|
Serial
numbers
|
Amount
issued to owners or occupants
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Amount
used by inspectors
|
For
inspector use only
|
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Amount
returned
|
Date
returned
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1080
tablets
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M44
devices
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M44
cartridges
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Neck
snares
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Other:
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Signature of land owner or occupier
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Name of inspector referred to above
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Date signed
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Date this permit expires
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Signature
of issuer (holder of a Form 7 permit)
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FORM 9
(Section 14)
PERMIT TO DESTROY COYOTE
USING DOGS
|
Name
of land owner or occupant
|
Location(s)
of owner or occupant’s land on which coyote may be destroyed:
Qtr Sec Twp Rge W
of
|
|
Mailing
address
|
Postal
code
|
Telephone
|
□ *
The permit holder is authorized to use dogs to destroy coyote on the land
described above.
□ *
I (owner or occupant’s name) authorize (name and address of resident of
Alberta) to use dogs to destroy coyote on the land I
own and occupy as described above.
(Signature
of owner or occupant) (Date)
□ I
confirm that livestock predation caused by coyote has occurred on the land
described above within the last 30 days.
(Signature
of inspector) (Date
of issue)
This
permit is only valid for 30 days from the date of issue.
*
The inspector is to delete whichever paragraph is not applicable.
AR 184/2001 Sched.1;201/2001;35/2007
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.
