Noxious Weeds Regulation

Noxious Weeds Regulation, M.R. 42/2017 The Noxious Weeds Act , C.C.S.M. c. N110 Regulation 42/2017 Registered April 13, 2017 bilingual version (HTML) Table of Contents Section 1 Meaning of "Act" 2 Designation of tier 1 noxious weeds 3 Designation of tier 2 noxious weeds 4 Designation of tier 3 noxious weeds 5 Use of genus name in designation 6 Amount of special levy 7 How certain notices are to be given under the Act and deemed dates of delivery 8 Notice to clean machinery and deemed dates of delivery 9 Notice of charge levied and deemed date of delivery 10 Content of certain notices 11 Repeal 12 Coming into force Schedule A Designation of tier 1 noxious weeds B Designation of tier 2 noxious weeds C Designation of tier 3 noxious weeds Meaning of "Act" 1 In this regulation, "Act" means The Noxious Weeds Act . Designation of tier 1 noxious weeds 2 For the purpose of subsection 2(2) of the Act, a plant listed in the table in Schedule A in the column entitled "Designated tier 1 noxious weeds" is designated as a tier 1 noxious weed in the part of the province set out in the column entitled "Area for which the designation applies" opposite the plant's common name. Designation of tier 2 noxious weeds 3 For the purpose of subsection 2(2) of the Act, a plant listed in the table in Schedule B in the column entitled "Designated tier 2 noxious weeds" is designated as a tier 2 noxious weed in the part of the province set out in the column entitled "Area for which the designation applies" opposite the plant's common name. Designation of tier 3 noxious weeds 4 For the purpose of subsection 2(2) of the Act, a plant listed in the table in Schedule C in the column entitled "Designated tier 3 noxious weeds" is designated as a tier 3 noxious weed in the part of the province set out in the column entitled "Area for which the designation applies" opposite the plant's common name. Use of genus name in designation 5 When a plant's genus name appears as its scientific name in any of the tables in Schedule A, B or C, the designation of the plant as a tier 1, 2 or 3 noxious weed applies to all plant species within that genus. Amount of special levy 6 For the purpose of subsection 28(1) of the Act, the prescribed maximum charge is $25 per acre. How certain notices are to be given under the Act and deemed dates of delivery 7(1) A notice that is required or permitted to be given to a person under a provision of the Act other than section 5 or 28 must be in writing and (a) may be given personally; (b) may be given by sending the notice by regular mail to the last address known to the giver of the notice for the person; or (c) if the person to whom the notice is to be given cannot be readily located, may be given by posting the notice at the place that is the subject of the notice or at which noxious weeds or noxious weed seeds have been found. 7(2) A notice (a) that is mailed in accordance with clause (1)⁠(b) is deemed to have been given five days after it was mailed, Saturdays and holidays excluded; or (b) that is posted in accordance with clause (1)⁠(c) is deemed to have been given 24 hours after it was posted. Notice to clean machinery and deemed dates of delivery 8(1) A notice given in respect of an item for the purpose of clause 5(3)⁠(a) of the Act must be in writing and may be (a) given personally to a person in possession of or in charge of the item in the place where it is observed by the inspector; (b) given personally to the item's owner; (c) given by sending the notice by regular mail to the last address known to the giver of the notice for the item's owner; or (d) given by posting the notice on the item if the person in possession or charge of the item or its owner cannot be readily located. 8(2) A notice (a) that is mailed in accordance with clause (1)⁠(c) is deemed to have been given five days after it was mailed, Saturdays and holidays excluded; or (b) that is posted in accordance with clause (1)⁠(d) is deemed to have been given 24 hours after it was posted. Notice of charge levied and deemed date of delivery 9(1) A notice of a charge levied under section 28 of the Act must be in writing and may be (a) given personally to the owner or occupant of the land in respect of which the charge is levied; or (b) given by sending the notice by regular mail to the last address known to the giver of the notice for the land's owner or occupant. 9(2) A notice that is mailed in accordance with clause (1)⁠(b) is deemed to have been given five days after it was mailed, Saturdays and holidays excluded. Content of certain notices 10(1) A notice given for the purpose of clause 5(3)⁠(a) of the Act must contain the following information: (a) the name of rural municipality or weed control district under whose authority the notice is given; (b) the name of the inspector giving the notice and a phone number at which the inspector may be reached; (c) a description of the item in respect of which the notice is given; (d) the date the notice was prepared by the inspector; (e) the common name, as set out in Schedule A, B or C, of the noxious weed the inspector believes is present in or adhering to the item. 10(2) A notice given for the purpose of section 17 of the Act must contain the following information: (a) the name of rural municipality or weed control district under whose authority the notice is given; (b) the name of the inspector giving the notice and a phone number at which the inspector may be reached; (c) a description of the land in respect of which the notice is given and, if applicable, the specific part of the land where the inspector believes the noxious weeds are located; (d) the name and address of the land's owner or occupant; (e) the date the notice was prepared by the inspector; (f) a statement of the action required to be taken by the land's owner or occupant; (g) the date by which the owner or occupant must take the action; (h) the common name, as set out in Schedule A, B or C, of the noxious weed in respect of which the action is required to be taken. 10(3) A notice given for the purpose of section 28 of the Act must contain the following information: (a) the name of rural municipality or weed control district under whose authority the notice is given; (b) the name of the inspector giving the notice and a phone number at which the inspector may be reached; (c) a description of the land on which the charge under that section is levied; (d) the name and address of the land's owner or occupant; (e) the date the notice was prepared by the inspector; (f) a statement of the dollar amount of the charge levied against the land; (g) a statement of the municipal taxation year to which the charge applies; (h) the common name, as set out in Schedule A, B or C, of the noxious weed in respect of which the charge is levied. Repeal 11 The Noxious Weeds Regulation , Manitoba Regulation 35/96, is repealed. Coming into force — all except section 8 12(1) This regulation, except section 8, comes into force on the same day that section 1 of The Noxious Weeds Amendment Act , S.M. 2015, c. 38, comes into force. Coming into force — section 8 12(2) Section 8 of this regulation comes into force on the same day that section 6 of The Noxious Weeds Amendment Act , S.M. 2015, c. 38, comes into force. SCHEDULE A (Section 2) Designated tier 1 noxious weeds Area for which designation applies Common name Scientific name Amaranth, Palmer Amaranthus palmeri Whole province Bartsia, red Odontites vernus All areas of the province outside the Municipality of Bifrost – Riverton and the Rural Municipalities of Armstrong, Fisher, Gimli, Rockwood, St. Andrews and St. Clements Crupina, common Crupina vulgaris Whole province Cupgrass, woolly Eriochloa villosa Whole province Goatgrass, jointed Aegilops cylindrica Whole province Hawkweed, orange Hieracium aurantiacum Whole province Hogweed, giant Heracleum mantegazzianum Whole province Hound's-tongue Cynoglassum officinale Whole province Knapweed, diffuse Centaurea diffusa Whole province Knapweed, Russian Acroptilon repens Whole province Knapweed, spotted Centaurea stoebe Whole province Knapweed, squarrose Centaurea virgata Whole province Knotweed, Japanese Fallopia japonica Whole province Mile-a-minute weed Persicaria perfoliata Whole province Mustard, garlic Alliaria petiolata Whole province Paterson's curse Echium plantagineum Whole province Pigweed, smooth Amaranthus hybridus Whole province Saltcedar Tamarix ramosissima Whole province Star-thistle, yellow Centaurea solstitialis Whole province Tussock, serrated Nassella trichotoma Whole province Waterhemp Amaranthus tuberculatus All areas of the province outside the Municipalities of Emerson – Franklin, Norfolk – Treherne, North Norfolk, Rhineland and WestLake – Gladstone and the Rural Municipalities of Brokenhead, Dauphin, De Salaberry, Dufferin, Ellice – Archie, Grey, Hanover, Lac du Bonnet, Macdonald, Montcalm, Morris, Piney, Reynolds, Ritchot, Roland, St. Andrews, Ste. Anne, St. Clements, Springfield, Stanley, Stuartburn, Taché and Whitemouth SCHEDULE B (Section 3) Designated tier 2 noxious weeds Area for which designation applies Common name Scientific name Alyssum, hoary Berteroa incana Whole province Baby's-breath Gypsophila paniculata Whole province Bartsia, red Odontites vernus Municipality of Bifrost – Riverton and the Rural Municipalities of Armstrong, Fisher, Gimli, Rockwood, St. Andrews and St. Clements Bouncingbet Saponaria officinalis Whole province Brome, downy Bromus tectorum Whole province Brome, Japanese Bromus japonicus Whole province Campion, bladder Silene vulgaris Whole province Chamomile, scentless Matricaria perforata Whole province Common reed, invasive Phragmites australis australis Whole province Daisy, ox-eye Leucanthemum vulgare Whole province Nutsedge, yellow Cyperus esculentus Whole province Scabious, field Knautia arvensis Whole province Spurge, Cypress Euphorbia cyparissias Whole province Spurge, leafy Euphorbia esula Whole province St. John's-wort Hypericum perforatum Whole province Tansy, common Tanacetum vulgare Whole province Thistle, nodding Carduus nutans Whole province Toadflax, Dalmatian Linaria dalmatica Whole province Waterhemp Amaranthus tuberculatus Municipalities of Emerson – Franklin, Norfolk – Treherne, North Norfolk, Rhineland and WestLake – Gladstone and the Rural Municipalities of Brokenhead, Dauphin, De Salaberry, Dufferin, Ellice – Archie, Grey, Hanover, Lac du Bonnet, Macdonald, Montcalm, Morris, Piney, Reynolds, Ritchot, Roland, St. Andrews, Ste. Anne, St. Clements, Springfield, Stanley, Stuartburn, Taché and Whitemouth SCHEDULE C (Section 4) Designated tier 3 noxious weeds Area for which designation applies Common name Scientific name Absinth Artemisia absinthium Whole province Barberry Berberis vulgaris Whole province Barley, foxtail Hordeum jubatum Whole province Bellflower, creeping Campanula rapunculoides Whole province Buckthorn, European Rhamnus cathartica Whole province Burdock, common Arctium minus Whole province Burdock, greater Arctium lappa Whole province Burdock, woolly Arctium tomentosum Whole province Campion, biennial Silene dioica Whole province Catchfly, night-flowering Silene noctiflora Whole province Cleavers Galium aparine Whole province Cleavers, false Galium spurium Whole province Cockle, white Silene alba Whole province Dandelion Taraxacum officinale Whole province Dodder genus Cuscuta Whole province Fleabane, Canada Conyza canadensis Whole province Flixweed Descurainia sophia Whole province Hawk's-beard, narrow-leaved Crepis tectorum Whole province Hemlock, poison Conium maculatum Whole province Hemp-nettle Galeopsis tetrahit Whole province Hoary-cress Cardaria draba Whole province Jimsonweed Datura stramonium Whole province Kochia Kochia scoparia Whole province Lamb's quarters Chenopodium album Whole province Lettuce, prickly Lactuca serriola Whole province Milkweed, common Asclepias syriaca Whole province Milkweed, showy Aslepias speciosa Whole province Mustard, wild Sinapis arvensis Whole province Nightshade, American black Solanum americanum Whole province Nightshade, cutleaf Solanum triflorum Whole province Nightshade, hairy Solanum sarachoides Whole province Parsnip, wild Pastinaca sativa Whole province Ragweed, common Ambrosia artemisiifolia Whole province Ragweed, false Iva xanthifolia Whole province Ragweed, giant Ambrosia trifida Whole province Sow-thistle, annual Sonchus oleraceus Whole province Sow-thistle, perennial Sonchus arvensis Whole province Sow-thistle, spiny annual Sonchus asper Whole province Stinkweed Thlaspi arvense Whole province Stork's bill Erodium cicutarium Whole province Thistle, bull Cirsium vulgare Whole province Thistle, Canada Circium arvense Whole province Thistle, Russian Salsola kali Whole province Thistle, Russian Salsola pestifer Whole province Toadflax, yellow Linaria vulgaris Whole province Water hemlock, bulb-bearing Cicuta bulbifera Whole province Water hemlock, northern Cicuta virosa Whole province Water hemlock, spotted Cicuta maculata Whole province Water hemlock, western Cicuta douglasii Whole province Whitetop, hairy Cardaria pubescens Whole province Whitetop, lenspod Cardaria chalepensis Whole province