By-law Number 2 0 0 2 -0 7 Being a By-law to repeal and replace By-law No. 1998-07 Enacted on the 8th day of June, 1998 Being a By-law Respecting the Control and Destruction of Noxious Weeds on the Reserve WHEREAS paragraphs 81(l)(a), (c), (d), (q) and (r) of the Indian Act, R.S., C-5, as amended (herein, ‘Indian Act’) empowers the Council of a Band to make by-laws for the control and destruction of noxious weeds; in addition to matters arising out of or ancillary thereto, and the imposition of a penalty for the violation of any such by-law; AND WHEREAS it is considered necessary for the protection of the Reserve lands of the Louis Bull Band to provide for the destruction and control of noxious weeds; AND WHEREAS the Council of the Band did enact By-law Number 1998-07 on the 8th day of June, 1998, and wishes to repeal the said By-law Number 1998-07 and replace it with this by law; NOW THEREFORE the Council of the Louis Bull Band hereby makes the following by-law: 1- SHORT TITLE This by-law may be cited as the “Louis Bull Band Noxious Weed By-law” and is referred to herein as “By-law”. 2- DEFINITIONS In this By-law, “Band” means the Louis Bull Band, as defined by Section 2 of the Indian Act; “Council’ means the Council of the Louis Bull Band, as defined in the Indian Act, “noxious weed’ means a plant defined as a noxious weed in the Weed Control Act, R.S.A., Chapter W-6, as amended; “Reserve” means the Louis Bull Indian Reserve No. 138B; “weed inspector” means the weed inspector appointed under section 5; “weed seed’ means the seed of a noxious weed. 3- BRINGING OR PLACING NOXIOUS WEEDS No person shall knowingly bring onto the Reserve or place or permit to be placed on any part of the Reserve any noxious weed or weed seed, or any material or thing containing a noxious weed or weed seed.
2 4- DUTY TO DESTROY (1) Every person in possession of any land, building, storage unit, vehicle, equipment, tools, fodder, or standing or harvested crop located on the Reserve shall destroy all noxious weeds or weed seeds growing or located thereon or therein as often as is necessary to prevent the spread, growth, ripening or scattering of noxious weeds or weed seeds. (2) Noxious weeds shall be destroyed by means of: (a) covering the plants with mulch or other substances that prevent the growth of plants or the ripening of their seeds; (b) pulling or otherwise removing the plants from the soil; (c) cutting the roots or stalks of the plants before the seeds have developed sufficiently to ripen after the cutting; (d) ploughing or cultivating the soil on which the plants are growing; or (e) treating with a herbicide approved under all relevant legislation of the Province of Alberta that causes the plants to be destroyed or prevents the growth of the plants or the ripening of their seeds. (3) Weed seeds shall be destroyed by means of: (a) removal to locations where the seeds are unable to germinate or, if germination takes place, where the noxious weeds are unable to grow to maturity; (b) composting; (c) use as silage or other form of fodder in which the weed seeds are consumed by animals; (d) grinding; (e) crushing; or (f) burning. 5- WEED INSPECTOR (1) The Council may, by resolution, appoint a weed inspectors to administer and enforce this By-law. (2) The Council may, in the resolution, provide for reasonable remuneration to be paid to a weed inspector. 6- POWERS OF WEED INSPECTOR For the purpose of searching for noxious weeds or weed seeds, a weed inspector may, at any time between 9:00 a.m. and 6:00 p.m., enter upon any land or building, other than a dwelling house, and inspect the land or building, and any storage unit, vehicle, equipment, tools, fodder or standing or harvested crop found therein or thereon.
3 7- OBSTRUCTION OF WEEP INSPECTOR No person shall hinder or obstruct a weed inspector in the course of his duties, or furnish him with false information, or refuse to furnish him with information that he reasonably requests. 8- DESTRUCTION OF WEEDS (1) A weed inspector who finds any noxious weed or weed seed in or on any land, building, storage unit, vehicle, equipment, tools, fodder or standing or harvested crop may order the person in possession thereof to destroy, at that person’s expense, the noxious weed or weed seed found therein or thereon. (2) Where a weed inspector finds any noxious weed or weed seed in or on any land, building, storage unit, vehicle, equipment, tools, fodder or standing or harvested crop of which no one is in apparent possession, the weed inspector shall obtain instructions from the Band Council for authorization to destroy the noxious weed or weed seed. (3) An order made under subsection (1) shall specify the time within which the noxious weed or weed seed shall be destroyed. (4) An order made under subsection (1) shall be served on the person to whom it is addressed (a) by delivering it personally to the person, (b) by leaving it with a person apparently over the age of eighteen years at the dwelling place or place of business of the person to whom it is addressed, (c) by sending it by registered mail to the last known address of the person to whom it is addressed, or (d) if service cannot reasonably be effected under paragraph (a), (b), or (c), by posting it in the Band Council office. 9- APPEAL ( 1 ) Any person who considers: (a) that the exemption under section 11 applies; or (b) that the cost to him of destroying a noxious weed or weed seed would significantly outweigh any benefit to the Band or to another resident of the Reserve that would be derived from such destruction; may, within five days after service of the order upon him, appeal the order, or any requirement of the order, by filing a notice of appeal with the Council.
4 (2) A notice of appeal shall be in writing and set out (a) the name and address of the appellant, (b) a copy of the order in respect of which the appeal is being taken, (c) the grounds for appeal. (3) Where a notice of appeal has been filed, the appellant is not required to comply with the order appealed pending the determination of the appeal. (4) Within fifteen days after receipt of the notice of appeal, the Council shall hear the appeal. (5) At the hearing of the appeal, the Council ghall provide the appellant and the weed inspector with an opportunity to present evidence and to make oral and written submissions. (6) Within ten days after hearing the appeal, the Council shall confirm, revoke or vary the order appealed from, and the decision shall incorporate written reasons for the decision. (7) The Council shall send a copy of its decision to the appellant and to the weed inspector. 10- FAILURE TO COMPLY WITH ORDER (1) Where an order made under subsection 8(1) is not complied with, a weed inspector may, at the expense of the person to whom the order was addressed and subject to subsection 9(3), cause the noxious weed or weed seed to be destroyed in any manner set out in subsection 4(2) or (3) that is efficient and consistent with good agricultural practice, and at a cost that is reasonable in the circumstances. (2) A weed inspector, or anyone authorized by a weed inspector, may enter in or on any land, building, storage unit or vehicle to carry out the destruction of any noxious weed or weed seed pursuant to subsection (1). (3) A weed inspector shall keep a record of the expenses incurred in the discharge of his duties under subsection (1), and shall serve a statement thereof, together with a notice demanding payment, on the person who has failed to comply with the order made under subsection 8(1), whereupon the amount demanded shall become a debt owing by such person to the Band. (4) Service under subsection (3) shall be effected in a manner referred to in subsection 8(4).
5 11- EXEMPTION Sections 3 ,4 and 7 do not apply to noxious weeds or weed seeds that are so far distant from any place used for agricultural or horticultural purposes that the noxious weeds or weed seeds can have no material effect on the agricultural or horticultural use of such place. 12- OFFENCE AND PENALTY A person who violates section 3 or 7, or who fails to comply with an order made under subsection 8(1), commits an offence and is liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding thirty days, or to both. 16- REPEAL By-Law number 1998-07 enacted on the 8th day of June, 1998, and being a By-law respecting the control and destruction of noxious weeds on the Reserve, be and the same is hereby repealed. THIS BY-LAW IS HEREBY made at a duly convened meeting of the Council of the Louis Bull Band this 9 th day of O c to b e r , 2002. Voting in favour of the By-law are the following members of the Council: C - V /(M em ber of the Council) (Member of the Council) (Member of the Council) (Member of the Council) (Member of the Council)
6 being the majority of those members of the Council of the Louis Bull Band present at the aforesaid meeting of the Council. The quorum of the Council is five (5) members. Number of members of the Council present at the meeting: 8 I, S i ~ T h r C h i e f /Councillor of the Band, do hereby certify that a true copy of the foregoing By-law was mailed to the Minister of Indian and Northern Affairs Canada at the _______________ office of the department pursuant to subsection 82(1) of the Indian Act, this day of Q r.tnbgr' 20 02 - .
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