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BYLAW 6044
BYLAW 6044
DATE OF CONSOLIDATION: June 2, 2025
Amendment History:
BYLAW 6488
Deletes and replaces Section 29.
DISCLAIMER:
The following consolidation is an
electronic reproduction made available for
information and ease of access only. It is
not an official version of the Bylaw.
Copies of official versions and
amendments can be requested from the
City Clerk's Office by calling 403-320-
4741 or emailing [email protected].
BYLAW 6044
Bylaw Last Revised: May 27, 2025
Effective: May 27, 2025
Bylaw 6488
CONSOLIDATION OF A BYLAW OF THE CITY OF LETHBRIDGE TO REGULATE
AND CONTROL WEEDS
WHEREAS The Weed Control Act and Regulation set out provincial requirements
regarding the control or destruction of noxious and prohibited noxious weeds, and the
management and enforcement of same.
AND WHEREAS, section 9(1) of The Weed Control Regulation 19/2010, as amended,
provides that:
9(1) the local authority of a municipality may designate a plant as a noxious weed
or a prohibited noxious weed, within the municipality, by bylaw.
AND WHEREAS section 7 of the Municipal Government Act states:
"A council may pass bylaws for municipal purposes respecting the following
matters: ... (a) the safety, health and welfare of people and the protection of people
and property;... ",
AND WHEREAS for the health and welfare of people and the protection of people and
property, the City of Lethbridge has determined there is a need to designate certain plants
as noxious weeds, which are in addition to the plants listed in the Act and Regulation,
AND WHEREAS section 26(1) of The Weed Control Act S.A. 2008 c. W-5.1, as amended,
provides that:
26(1) If a highway is owned or occupied by a municipality, the local authority may
(a)
in respect of an improvement district or a special area, by order, or
(b)
in respect of all other municipalities, by bylaw,
provide that for the purposes of this Act a person is the owner or occupant of the
highway to the highway's midpoint to the extent that the person is the owner or
occupant of land that borders the highway.
AND WHEREAS the City of Lethbridge has determined the need to control or destroy
said noxious or prohibited noxious weeds both on public property and private property;
AND WHEREAS the Minister of Agriculture has requested that after second reading of
this Bylaw, that it be forwarded to the office of the Minister of Agriculture for final approval;
BYLAW 6044
NOW THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, IN THE
PROVINCE OF ALBERTA, HEREBY ENACTS AS FOLLOWS:
INTERPRETATION
AND DEFINITIONS
1.
This Bylaw shall be cited as "The Weed Control Bylaw".
2.
In this Bylaw:
(a) "Act" means the Alberta Weed Control Act S.A. 2008 c. W-5.1
(b) "Regulation" means the Weed Control Regulation19/2010
(c) "Highway" means any thoroughfare, street, road, trail, avenue, parkway,
driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other
place or any part of any of them, whether publicly or privately owned, that the
public is ordinarily entitled or permitted to use for the passage or parking of
vehicles and includes
(i)
a sidewalk, including a boulevard adjacent to the sidewalk,
(ii)
if a ditch lies adjacent to and parallel with the roadway, the ditch, and
(iii)
if a highway right of way is contained between fences or between a
fence and one side of the roadway, all the land between the fences,
or all the land between the fence and the edge of the roadway, as the
case may be,
but does not include a place declared by the Traffic Safety Act regulation
not to be a highway;
(d) "Inspector" means a Bylaw Enforcement Officer or person appointed by the
City to enforce this bylaw or the Alberta Weed Control Act and Regulation.
(e) "Local Authority"' means the council of the municipality;
PLANT
DESIGNATION
3.
Any weed listed as Noxious in the Weed Control Regulation and Schedule "A" of
this Bylaw is designated as noxious within the municipality.
4.
Weeds listed as Prohibited Noxious in the Weed Control Regulation are designated
as prohibited noxious within the municipality.
BYLAW 6044
OCCUPANT
OR OWNER
OF LAND
5.
Pursuant to section 26 of the Act, the occupant or owner of any land within the
boundaries of the City of Lethbridge, shall for purpose of the Act and Regulation,
and this bylaw, be considered to be the occupant of that portion of any Highway
that lies between the boundary of his land and the midpoint line of the Highway.
CONTROL OF NOXIOUS WEEDS
6.
The occupant or owner of land shall control a noxious weed that is on land he owns
or occupies, including that portion of a Highway that lies between the boundary of
his land and the midpoint line of the Highway.
DESTRUCTION OF PROHIBITED NOXIOUS WEEDS
7.
The occupant or owner of land shall destroy a prohibited noxious weed that is on
land the person owns or occupies, including that portion of a Highway that lies
between the boundary of his land and the midpoint line of the Highway.
BYLAW OFFICERS ARE INSPECTORS
8.
In accordance with section 7 of the Act, pursuant to this bylaw, and pursuant to
Ministerial approval, Council appoints City bylaw officers to be Inspectors under
the Act to enforce and monitor compliance with the Act, the Regulation and this
bylaw, within the municipality.
AUTHORITY OF INSPECTORS
Obstruction of inspector
9.
A person shall not wilfully obstruct or delay an inspector in the exercise of the
inspector's duties or powers to enforce and monitor compliance with this Act.
Entry and inspection power
10.
An inspector may enter land or inspect land or personal property at a reasonable
time
(a) to monitor compliance with this Act, including making inquiries, taking samples
or performing tests, or
(b) to enforce an inspector's notice, local authority's notice or Minister's notice in
accordance with section 18.
BYLAW 6044
11.
An inspector shall not enter a building unless the owner or occupant of the land on
which the building is situated
(a) consents, or
(b) has been given a written notice.
12.
Subsection (2) does not apply if the building is, or is part of, a seed-cleaning facility,
grain-handling facility or auction market.
13.
An inspector shall not enter a private residence unless the occupant of the land
consents.
14.
A written notice under subsection (2)(b) must
(a) name a reasonable time of entry, and
(b) be given at least 24 hours before the time of entry.
NOTICES
Inspector's notice
15.
If an inspector finds non-compliance with this Act, an inspector may give an
inspector's notice in writing requiring compliance
(a) in respect of land, to the occupant of the land and to the owner of the land, and
(b) in respect of personal property, to the owner of the personal property.
16.
If an inspector finds prohibited noxious weeds that have not been destroyed, the
inspector shall give an inspector's notice requiring the prohibited noxious weeds to
be destroyed.
Contents of inspector's notice
17.
An inspector's notice must direct the method, subject to the regulations, and time
for compliance with this Act.
18.
The notice may contain directions, including limiting the use of land, for the year in
which it is given and the following year.
19.
The notice must not require the destruction of crops unless in the inspector's
opinion the destruction of crops is necessary to control noxious weeds or destroy
prohibited noxious weeds.
20.
The notice must not require the destruction of more than 20 acres of growing crops
unless the local authority of the municipality in which the crops are growing has
consented in writing.
21.
Subsection (4) does not apply if the growing crop
(a) does not have a significant commercial value, or
BYLAW 6044
(b) is a crop of noxious weeds or prohibited noxious weeds.
Local authority's notice
22.
A local authority may give a local authority's notice to control noxious weeds and
to destroy prohibited noxious weeds to the owners and occupants of land in a
subdivided area that does not exceed 20 acres.
23.
The notice may direct the method, subject to the regulations, and the time for the
destruction of the weeds.
24.
The notice may contain directions for the year in which it is given.
Compliance with notice
25.
A person given a notice under this Part in accordance with section 24 shall, subject
to the right to appeal an inspector's notice or a local authority's notice, comply with
the notice.
26.
If a notice of appeal is filed, a notice is stayed until
(a) the appeal is disposed of, and
(b) a review by the Minister under section 20 is completed or the time to apply for
a review has expired.
27.
If there is a conflict between notices given under this Act,
(a) a Minister's notice prevails over a local authority's notice or an inspector's
notice, and
(b) an inspector's notice prevails over a local authority's notice.
Enforcement of notice
28.
An inspector, or any person authorized by an inspector, may take any action that
the inspector determines is necessary to fulfil a requirement of a notice given under
this Part that has not been complied with when
(a) in respect of an inspector's notice or a local authority's notice,
(i)
the appeal period in the regulations has expired or the appeal has been
determined, and
(ii)
the request for review period in the regulations has expired or the
request has been considered,
or
(b) in respect of a Minister's notice, a court order referred to in section 16 has been
served on the person to whom the notice was directed.
APPEAL OF INSPECTOR'S NOTICE OR LOCAL AUTHORITY'S NOTICE
Appeals
BYLAW 6044
29.
Council herein designates the Community Requirements Appeal Board as the
independent appeal panel to determine appeals of inspector's notices, local
authority's notices and debt recovery notices.
Bylaw 6488 - May 27, 2025
30.
A person who is given an inspector's notice, local authority's notice or debt
recovery notice may, in accordance with the regulations, appeal it to an appeal
panel.
31.
The appeal panel may confirm, reverse or vary the inspector's notice, local
authority's notice or debt recovery notice.
Review
32.
An appellant may, in accordance with the regulations, request a review by the
Minister of a decision of an appeal panel.
33.
The Minister may confirm, reverse or vary the decision of the appeal panel and the
decision of the Minister is final.
RECOVERY OF INSPECTOR'S EXPENSES
Inspector's notices and local authority's notices
34.
Expenses incurred by an inspector enforcing an inspector's notice or a local
authority's notice are a debt due to the local authority by the person subject to that
notice.
35.
The chief administrative officer shall give a debt recovery notice to the debtor
(a) demanding recovery of the debt due, including a statement of expenses, and
(b) advising of the debtor's right to appeal the debt recovery notice.
36.
A local authority may recover the debt due in accordance with subsection (4) from
any person who is given a debt recovery notice if
(a) the person has agreed in writing to repay the debt due,
(b) the person's rights of appeal and review of the debt recovery notice under
sections 19 and 20 have expired, or
(c) the appeal and review of the debt recovery notice have been determined.
37.
A local authority may recover the debt due from any person who is given a debt
recovery notice in either or both of the following manners:
(a) in the same manner as property taxes against land to which the inspector's
notice or local authority's notice relates;
(b) by filing a certificate with the clerk of the Court of Queen's Bench at any judicial
centre certifying the amount owing.
BYLAW 6044
38.
A certificate filed under subsection (4)(b) becomes an order of the Court of Queen's
Bench and may be enforced as a judgment of that court.
39.
A certificate filed under subsection (4)(b) becomes an order of the Court of Queen's
Bench and may be enforced as a judgment
40.
Bylaw 3595 and amendments thereto is hereby repealed.
41.
This Bylaw shall come into effect on the date it is approved by the Minister of
Agriculture pursuant to Section 9 of The Weed Control Act.
READ A 1ST TIME THIS 13TH DAY OF MARCH, 2017.
READ A 2ND TIME THIS 13th DAY OF MARCH, 2017.
READ A 3RD TIME THIS 19th DAY OF JUNE, 2017.
C. SPEARMAN (Sgd).
Mayor
A. NEUFELD(Sgd).
City Clerk
BYLAW 6044
SCHEDULE "A"
N O X I O U S W E E D S
Flixweed - Descurainia sophia
Goat's-Beard - Tragopogon dubius
Lamb's Quarters - Chenopodium album
False Ragweed - Iva xanthifolia
Kochia - Brassica scoparia
Prickly Lettuce - Lactuca serriola
Redroot Pigweed - Amaranthus retroflexus
Round-leaved Mallow - Malva rotundifolia
Stinkweed - Thlaspi arvense