Weed Control Act, R.S.O. 1990, c. W.5, Weed Control Act
Weed Control Act
R.S.O. 1990, Chapter W.5
Consolidation Period:听 From January 1, 2022 to the .
Last amendment: .
Legislative History: ; ; ; (but see ); CTS 6 FE 25 - 1.
Definitions
1 In this Act,
鈥渁rea weed inspector鈥 means an area weed inspector appointed under section 6 or 11; (鈥渋nspecteur de secteur des mauvaises herbes鈥)
鈥渃hief inspector鈥 means the chief inspector appointed under section 2; (鈥渋nspecteur en chef鈥)
鈥渄istrict weed inspector鈥 means a district weed inspector appointed under section 2; (鈥渋nspecteur de district des mauvaises herbes鈥)
鈥渋nspector鈥 means an area weed inspector, district weed inspector or municipal weed inspector; (鈥渋nspecteur鈥)
鈥渓ocal weed鈥 means a plant designated under section 10 as a local weed; (鈥渕auvaise herbe locale鈥)
鈥淢inister鈥 means the Minister of Agriculture, Food and Rural Affairs; (鈥渕inistre鈥)
鈥渕unicipal weed inspector鈥 means a municipal weed inspector appointed under section 8; (鈥渋nspecteur municipal des mauvaises herbes鈥)
鈥渘oxious weed鈥 means a plant that is deemed to be a noxious weed under subsection 10 (2) or designated as a noxious weed under clause 24 (a); (鈥渕auvaise herbe nuisible鈥)
鈥渙wner鈥 means the person shown as the owner of land on the last revised assessment roll of the municipality in which the land is located; (鈥減ropri茅taire鈥)
鈥減rescribed鈥 means prescribed by the regulations; (鈥減rescrit鈥)
鈥渞egulations鈥 means the regulations made under this Act; (鈥渞猫glements鈥)
鈥渟ingle-tier municipality鈥 means a single-tier municipality that is not within a territorial district nor within an upper-tier municipality and does not include the City of Brantford; (鈥渕unicipalit茅 脿 palier unique鈥)
鈥渨eed seed鈥 means the seed of a noxious weed. (鈥済raine de mauvaise herbe鈥)听 R.S.O. 1990, c.听W.5, s.听1; 2002, c.听17, Sched.听F, Table; 2009, c.听33, Sched.听1, s.听27听(1); 2019, c. 14, Sched. 14, s. 14 (1) and 2021, c. 25, Sched. 26, s. 2.
Section Amendments with date in force (d/m/y)
- 01/01/2003
- 15/12/2009
- 01/01/2022
Chief inspector, district weed inspector
2 The Minister may appoint a chief inspector and a district weed inspector for any district designated in the appointment.听 R.S.O. 1990, c.听W.5, s.听2.
Duty to destroy noxious weeds
3 Every person in possession of land shall destroy all noxious weeds on it.听 R.S.O. 1990, c.听W.5, s.听3.
Persons deemed in possession
4 For the purposes of this Act, the owner of land shall be deemed, unless the contrary is proved, to be the person in possession of it.听 R.S.O. 1990, c.听W.5, s.听4.
Road authorities deemed in possession of roads
5 For the purposes of section 3, every road authority within the meaning of the Public Transportation and Highway Improvement Act shall be deemed to be the person in possession of the land under its jurisdiction.听 R.S.O. 1990, c.听W.5, s.听5.
Appointment of inspectors
6 (1) The council of every upper-tier and single-tier municipality shall by by-law appoint one or more persons as area weed inspectors to enforce this Act in the area within the council鈥檚 jurisdiction and fix their remuneration or other compensation.听 R.S.O. 1990, c.听W.5, s.听6听(1); 2002, c.听17, Sched.听F, Table.
Division into areas
(2) The council may divide the upper-tier or single-tier municipality into areas and appoint one or more area weed inspectors for each area.听 R.S.O. 1990, c.听W.5, s.听6听(2); 2002, c.听17, Sched.听F, Table.
Failure to appoint inspectors
(3) If a council fails to appoint an area weed inspector, the Minister may appoint the area weed inspector and fix his or her remuneration or other compensation.听 R.S.O. 1990, c.听W.5, s.听6听(3).
Minister to notify council of appointment
(4) The Minister shall notify the council of the appointment in writing and the treasurer of the municipality shall pay the remuneration or other compensation so fixed to the area weed inspector.听 R.S.O. 1990, c.听W.5, s.听6听(4).
Section Amendments with date in force (d/m/y)
- 01/01/2003
Clerk to notify chief inspector of appointment
7 (1) The clerk of each upper-tier and single-tier municipality shall, before the 1st day of April in each year, give the chief inspector a written notice indicating the name and address of every area weed inspector and the area for which the appointment is made.听 R.S.O. 1990, c.听W.5, s.听7听(1); 2002, c.听17, Sched.听F, Table.
Idem
(2) If the council of an upper-tier or single-tier municipality passes a by-law appointing an area weed inspector on or after the 1st day of April, the clerk shall within seven days after the passing of the by-law give the chief inspector a written notice indicating the name and address of every area weed inspector and the area for which the appointment is made.听 R.S.O. 1990, c.听W.5, s.听7听(2); 2002, c.听17, Sched.听F, Table.
Idem
(3) If an area weed inspector resigns or the council revokes the appointment, the clerk of the municipality shall within seven days of the resignation or revocation give the chief inspector written notice of it.听 R.S.O. 1990, c.听W.5, s.听7听(3).
Section Amendments with date in force (d/m/y)
- 01/01/2003
Appointment of municipal weed inspectors
8 (1) The council of any municipality not referred to in subsection 6 (1) may by by-law appoint one or more persons as municipal weed inspectors to enforce this Act in the area within the council鈥檚 jurisdiction and fix their remuneration or other compensation.听 R.S.O. 1990, c.听W.5, s.听8 (1).
Co-operation with area weed inspector
(2) Persons who are appointed as municipal weed inspectors shall carry out their duties in co-operation with the area weed inspector.听 R.S.O. 1990, c.听W.5, s.听8 (2).
Joint jurisdiction
(3) Even though a municipal weed inspector has been appointed by a municipality, the area weed inspector may, when he or she considers it necessary, exercise his or her powers under this Act in the municipality.听 R.S.O. 1990, c.听W.5, s.听8 (3).
Clerk to notify chief inspector of appointment
9 (1) The clerk of each municipality not referred to in subsection 6 (1) shall, before the 1st day of April in each year, give the chief inspector a written notice indicating the name and address of every municipal weed inspector for the area within its jurisdiction and the area for which the appointment is made.听 R.S.O. 1990, c.听W.5, s.听9 (1).
Idem
(2) If the council of any municipality not referred to in subsection 6 (1) passes a by-law appointing a municipal weed inspector on or after the 1st day of April, the clerk shall within seven days after the passing of the by-law give the chief inspector a written notice indicating the name and address of every municipal weed inspector and the area for which the appointment is made.听 R.S.O. 1990, c.听W.5, s.听9 (2).
Idem
(3) If a municipal weed inspector resigns or the council revokes the appointment, the clerk of the municipality shall within seven days of the resignation or revocation give the chief inspector written notice of it.听 R.S.O. 1990, c.听W.5, s.听9 (3).
Designation of weeds
10 (1) A council of an upper-tier or single-tier municipality that has appointed an area weed inspector or a council of a local municipality that has appointed a municipal weed inspector may by by-law designate as a local weed any plant that is not a noxious weed.听 2002, c.听17, Sched.听F, Table.
Effect of designation
(2) The by-law may apply in respect of the whole or any part of the municipality and, for the purposes of this Act, the plant that is designated shall be deemed to be a noxious weed within the area to which the by-law applies.听 R.S.O. 1990, c.听W.5, s.听10听(2).
Approval of by-laws
(3) The by-law does not take effect until it is approved by the Minister.听 R.S.O. 1990, c.听W.5, s.听10听(3).
Section Amendments with date in force (d/m/y)
- 01/01/2003
Inspectors in territory without municipal organization
11 (1) The Minister may appoint area weed inspectors in territory without municipal organization. 2019, c. 14, Sched. 14, s. 14 (2) and 2021, c. 25, Sched. 26, s. 2.
Same
(1.1) Area weed inspectors appointed under subsection (1) shall have the powers of an inspector. 2019, c. 14, Sched. 14, s. 14 (2) and 2021, c. 25, Sched. 26, s. 2.
Expenses for enforcement collectable
(2) This Act applies in the case of territory without municipal organization in the same manner as in the case of a municipality, except that any sums payable by a person liable for expenses incurred or remuneration paid in enforcing this Act may be recovered with costs as a debt due to the Crown. 听R.S.O. 1990, c.听W.5, s.听11 (2); 2019, c. 14, Sched. 14, s. 14 (3) and 2021, c. 25, Sched. 26, s. 2.
Section Amendments with date in force (d/m/y)
- 01/01/2022
Powers of inspectors
12 (1) For the purpose of searching for noxious weeds or weed seeds, an inspector may at any time between sunrise and sunset enter upon any land and buildings, except a dwelling house, in the area within his or her jurisdiction and inspect the land, buildings and any implements, machinery, vehicles and crops or other plants.听 R.S.O. 1990, c.听W.5, s.听12 (1).
Identification to be provided
(2) An inspector shall, upon request, show proper identification to the owner or occupier of the land or building being inspected.听 R.S.O. 1990, c.听W.5, s.听12 (2).
Application for warrant
(3) If an inspector is denied entry or access to buildings or land or is obstructed while carrying out an inspection, the inspector may apply to a justice of the peace for a warrant.听 R.S.O. 1990, c.听W.5, s.听12 (3).
Issuing of warrant
(4) If a justice of the peace is satisfied on evidence upon oath that it is necessary for an inspector to enter any buildings or land for the purpose of this Act, the justice of the peace may issue a warrant authorizing an inspector to enter the buildings or land specified in the warrant, together with such police officers as the inspector calls upon to assist him or her.听 R.S.O. 1990, c.听W.5, s.听12 (4).
Application without notice
(5) A justice of the peace may receive and consider an application for a warrant without notice to the owner or occupier of the buildings or land.听 R.S.O. 1990, c.听W.5, s.听12 (5).
Order for destruction of weeds
13 (1) An inspector who finds noxious weeds or weed seeds on land in the area within his or her jurisdiction may order the person in possession of the land to destroy the noxious weeds or weed seeds.听 R.S.O. 1990, c.听W.5, s.听13 (1).
Time for destruction of weeds
(2) The order shall be in the prescribed form and shall specify a time of at least seven days, excluding Saturdays and holidays, from the date of the service of the order within which the noxious weeds or weed seeds shall be destroyed.听 R.S.O. 1990, c.听W.5, s.听13 (2).
Service of order
(3) The order shall be served upon every person named in it,
(a) by personal service; or
(b) by sending a copy of the order by mail, by registered mail, by certified mail or by courier service to the last address for service provided by the person or, if no such address has been provided, to the person鈥檚 address last noted on the tax assessment roll or, if none, to the person鈥檚 last known address.听 R.S.O. 1990, c.听W.5, s.听13 (3); 2009, c.听33, Sched.听1, s.听27听(2).
Effective date of service
(4) Service under clause (3) (b) is effective on the seventh day after the order is mailed.听 R.S.O. 1990, c.听W.5, s.听13 (4).
Service on owner and person in possession
(5) If there is evidence that the person in possession of land is not its owner, the order shall be served on both the owner and the person in possession.听 R.S.O. 1990, c.听W.5, s.听13 (5).
Appeal to chief inspector
(6) A person who is served with an order under subsection (5) may, within seven days after service, appeal the order or any requirement contained in it to the chief inspector, giving reasons for the appeal.听 R.S.O. 1990, c.听W.5, s.听13 (6).
Written appeal
(7) The appeal and reasons shall be in writing.听 R.S.O. 1990, c.听W.5, s.听13 (7).
Parties
(8) The appellant, the inspector who made the order and such other persons as the chief inspector may specify are parties to the appeal.听 R.S.O. 1990, c.听W.5, s.听13 (8).
Examination of land
(9) The chief inspector may, in the presence of the parties or after affording them an opportunity to be present, view and examine land in relation to which the order appealed from is made and may base his or her decision upon the evidence adduced by the parties and on the view and examination.听 R.S.O. 1990, c.听W.5, s.听13 (9).
Decision of chief inspector
(10) After hearing an appeal under this section, the chief inspector may confirm or revoke the order or may make a new order in its place.听 R.S.O. 1990, c.听W.5, s.听13 (10).
Service of order
(11) The chief inspector鈥檚 order shall be served in accordance with subsections (3), (4) and (5).听 R.S.O. 1990, c.听W.5, s.听13 (11).
Appeal
(12) The chief inspector鈥檚 order may be appealed to the Divisional Court within thirty days of its making under subsection (10). 听R.S.O. 1990, c.听W.5, s.听13 (12).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Obstruction of inspectors
14 No person shall hinder or obstruct an inspector in the course of his or her duties, refuse to furnish the inspector with information or furnish him or her with false information.听 R.S.O. 1990, c.听W.5, s.听14.
Failure to comply with order
15 (1) If an order served under section 13 is not complied with, the inspector may cause the noxious weeds or weed seeds to be destroyed in the prescribed manner.听 R.S.O. 1990, c.听W.5, s.听15听(1).
Expenses of inspectors
(2) Inspectors shall keep a record of the expenses incurred under subsection (1) with respect to each parcel of land.听 R.S.O. 1990, c.听W.5, s.听15听(2).
Statement of expenses to be served on owner and person in possession of land
(3) The expenses shall be submitted to the clerk of the municipality who shall have a statement of the expenses and a notice requesting payment served on the person in possession of the land and on its owner.听 R.S.O. 1990, c.听W.5, s.听15听(3).
Service of statement and notice
(4) The statement and notice shall be served in the same manner as an order under section 13.听 R.S.O. 1990, c.听W.5, s.听15听(4).
Failure to pay
(5) If the person upon whom a statement and notice were served fails to pay the amount set out in the statement within fifteen days after the service of the notice, the clerk shall present the statement to the council of the municipality in which the land is located, and the council shall order the amount to be paid out of the general funds of the municipality.听 R.S.O. 1990, c.听W.5, s.听15听(5).
Collection
(6) The amount paid by the municipality has priority lien status, as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be, and shall be added to the tax roll against the respective parcels concerned.听 2002, c.听17, Sched.听F, Table; 2006, c.听32, Sched.听C, s.听70听(1).
Section Amendments with date in force (d/m/y)
- 01/01/2003
- 01/01/2007
Destruction of weeds
16 (1) Despite section 13, the council of any local municipality may direct any of its municipal weed inspectors or, if there are none, the area weed inspectors to cause noxious weeds or weed seeds to be destroyed in the prescribed manner on all or part of any lot shown on a registered plan of subdivision and on lots not exceeding 10 acres that are not shown on such a plan.听 R.S.O. 1990, c.听W.5, s.听16听(1); 2002, c.听17, Sched.听F, Table.
Notice requirement
(2) Before noxious weeds or weed seeds are destroyed, the council shall publish notice of its intent to have the noxious weeds or weed seeds destroyed in a newspaper having general circulation in the municipality.听 R.S.O. 1990, c.听W.5, s.听16听(2).
Report of inspector
(3) The inspector shall report to the clerk of the municipality the amount of the expenses incurred under this section with respect to each parcel of land.听 R.S.O. 1990, c.听W.5, s.听16听(3).
Statement of expenses to be served on owner and person in possession of land
(4) The clerk of the municipality shall have a statement of the expenses and a notice requesting payment served on the person in possession of the land and on its owner.听 R.S.O. 1990, c.听W.5, s.听16听(4).
Service of statement and notice
(5) The statement and notice shall be served in the same manner as an order under section 13.听 R.S.O. 1990, c.听W.5, s.听16听(5).
Failure to pay
(6) If the person upon whom a statement and notice were served fails to pay the amount set out in the statement within fifteen days after the service of the notice, the clerk shall present the statement to the council of the municipality in which the land is located, and the council shall order the amount to be paid out of the general funds of the municipality.听 R.S.O. 1990, c.听W.5, s.听16听(6).
Collection
(7) The amount paid by the municipality has priority lien status, as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be, and shall be added to the tax roll against the respective parcels concerned.听 2002, c.听17, Sched.听F, Table; 2006, c.听32, Sched.听C, s. 70听(2).
Section Amendments with date in force (d/m/y)
- 01/01/2003
- 01/01/2007
Application for refund, etc.
17 A person may apply to the council for the cancellation, reduction or refund of an amount levied in the year with respect to orders for weed control and is entitled to make an appeal to the Assessment Review Board in the same manner as for taxes under section 357 of the Municipal Act, 2001 or section 323 of the City of Toronto Act, 2006, as the case may be.听 R.S.O. 1990, c.听W.5, s.听17; 2002, c.听17, Sched.听F, Table; 2006, c.听32, Sched.听C, s.听70听(3).
Section Amendments with date in force (d/m/y)
- 01/01/2003
- 01/01/2007
Notice requiring noxious weeds and weed seeds to be destroyed
18 (1) A district weed inspector who finds noxious weeds or weed seeds on any land owned by or under the control of a municipality within his or her district may deliver or send by mail, by registered mail, by certified mail or by courier service to the clerk of the municipality a notice requiring the noxious weeds or weed seeds to be destroyed before a date specified in the notice.听 R.S.O. 1990, c.听W.5, s.听18听(1); 2009, c.听33, Sched.听1, s.听27听(3).
Failure to comply with notice
(2) If the notice is not complied with, the district weed inspector may cause the noxious weeds or weed seeds to be destroyed in the prescribed manner.听 R.S.O. 1990, c.听W.5, s.听18 (2).
Recovery of expenses
(3) The expenses incurred by the district weed inspector under subsection (2) shall be paid by the municipality concerned and are recoverable in any court of competent jurisdiction by the Minister in the name of the Crown as a debt owed to the Crown.听 R.S.O. 1990, c.听W.5, s.听18 (3).
Certificate proof of authority
(4) In any court action, the certificate purporting to be signed by the Minister as to the amount of the expenses is conclusive proof of the amount without proof of the Minister鈥檚 authority or signature.听 R.S.O. 1990, c.听W.5, s.听18 (4).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Prohibition
19.鈥侼o person shall deposit or permit to be deposited any noxious weeds or weed seeds in any place where they might grow or spread.听 R.S.O. 1990, c.听W.5, s.听19.
Agricultural machines
20 If the moving of a machine used for agricultural purposes is likely to cause noxious weeds or weed seeds to grow or spread, no person shall move the machine or cause it to be moved without first removing from it all seeds and other residue.听 R.S.O. 1990, c.听W.5, s.听20.
Grain elevators, etc.
21 A person in charge of a grain elevator, seed-cleaning plant or other grain-cleaning or grain-grinding plant shall dispose of all refuse containing weed seeds in a manner that will prevent them from growing or spreading.听 R.S.O. 1990, c.听W.5, s.听21.
Exception
22 Sections 3, 13, 16 and 18 do not apply to noxious weeds or weed seeds that are far enough away from any land used for agricultural or horticultural purposes that they do not interfere with that use.听 R.S.O. 1990, c.听W.5, s.听22.
Offence
23 (1) A person who contravenes this Act or the regulations, or an order made under this Act, is guilty of an offence and on conviction is liable for a first offence to a fine of not less than $500 and not more than $2,000 and for each subsequent offence to a fine of not less than $1,000 and not more than $5,000.听 R.S.O. 1990, c.听W.5, s.听23 (1).
Idem, particular circumstances
(2) Subsection (1) applies to a person who is in contravention of section 3 or of an order made under subsection 13 (1) even though an inspector has caused or may cause the noxious weeds and weed seeds to be destroyed.听 R.S.O. 1990, c.听W.5, s.听23 (2).
Regulations
24 (1) The Lieutenant Governor in Council may make regulations,
(a) designating plants as noxious weeds;
(b) prescribing the procedures for destroying noxious weeds and weed seeds;
(c) prescribing the conditions under which noxious weeds and weed seeds may be destroyed under sections 15, 16 and 18;
(d) respecting the transportation of farm produce, gravel or any other substance that is infested with noxious weeds or weed seeds;
(e) prescribing measures that shall be taken to prevent the establishment of any noxious weed in any locality;
(f) providing for the reimbursement of upper-tier municipalities, single-tier municipalities and municipalities in territorial districts by the Province of 澳门永利 for any part of the money spent under this Act and prescribing limits on the amounts reimbursed;
(g) prescribing measures that shall be taken to prevent the use of bird feed that is infested with weed seeds;
(h) prescribing forms and providing for their use.听 R.S.O. 1990, c.听W.5, s.听24听(1); 2002, c.听17, Sched.听F, Table.
Idem
(2) A regulation may be general or specific in its application.听 R.S.O. 1990, c.听W.5, s.听24听(2).
Section Amendments with date in force (d/m/y)
- 01/01/2003
听