The Saskatchewan Legislature recently passed a significant piece of new legislation that will help producers and Rural Municipalities alike: The Weed Control Act, 2010 now replaces The Noxious Weeds Act, 1984. For more information go to http://www.agriculture.gov.sk.ca/agv_June2010_5
We asked Clark Brenzil, PAg, Provincial Specialist – Weed Control Crops Branch, SK Ministry of Agriculture:
How is the new legislation going to affect the organic farmer?
Are inspectors going to force organic farmers to spray for these weeds thus making the sprayed land ineligible for organic certification without another transition period?
Clark Brenzil emphasizes that, as was the case with the previous legislation The Noxious Weeds Act, 1984, organic producers are obligated to control weed species regulated under The Weed Control Act, just as any other person in Saskatchewan would be, whether they farm or not. Organic producers are not exempted from The Weed Control Act because of the production system they choose to adopt, just as, for example, a non-organic producer growing a minor crop is not exempt if there are no herbicide options available to control a particular regulated weed in that crop that they have choosen to grow. This is consistent with weed control legislation across Canada as well as the USA.
With that being said, he believes that the approach taken in The Weed Control Act will benefit organic producers greatly compared to the previous legislation, by promoting the adoption of integrated weed management practices in areas where Noxious Weeds or Nuisance Weeds are well established. In addition, many of the commonplace weeds have been removed from the list of regulated species altogether, which also takes a great deal of the regulatory burden off of organic production. For example weeds like wild oat, wild mustard, stinkweed, wild buckwheat and green foxtail (wild millet) are no longer on the list of regulated weeds.
The Weed Control Act places stronger emphasis on weeds that are absent or rare (Prohibited Weeds), as well as weeds that are regionally established and are continuing to expand their range (Noxious Weeds), rather than weeds that are everywhere. There are still a few widespread weeds that have been placed into what is the Nuisance Weed category, but these weeds are those that spread easily, largely by wind, and can move in large numbers well into a neighbouring parcel, if not managed correctly.
Weeds in the Nuisance category are only enforceable when a complaint is received, and typically this is when they are not being managed properly, regardless of the production system. In this case, the producer needs to take remedial action to address the reason that they are out of control. The Weed Control Act now allows a three-year time frame for a management plan to be implemented for addressing Nuisance Weeds. Note that this is not a three year window to begin control measures, but to complete them. As a result an organic producer should be able to achieve compliance with Nuisance Weeds without disrupting the organic certification on the land. If the organic producer fails to initiate and follow through on that plan, and reproductive parts of Nuisance Weeds are moving onto neighbouring land, the municipality will have every right under the Act to take whatever measures that they feel are appropriate to control that weed on the land in question.
Noxious Weeds are those that are well established in one part of Saskatchewan or a municipality but are absent in other parts of the province or municipality. The goal for Noxious Weeds is to prevent the spread of ‘established infestations’ of greater than 5 ha per quarter section, to un-infested areas of the province or municipality, by containing them to the area where they are established, and by eradicating ‘isolated’ infestations of smaller than 5 ha per quarter section. The ‘Containment and Integrated Control’ strategy used for ‘established infestations’ of Noxious Weeds involves a two step process. First, a boundary area is set around the outside edge of the infestation. Noxious Weeds emerging within the boundary zone, of up to 20 meters, are treated aggressively to prevent them from spreading beyond the existing infestation. Once the boundary is established, Noxious Weeds within the contained will be addressed using integrated weed management methods. As with Nuisance Weeds, a three year time frame is allowed for a management plan to be implemented to control the ‘Contained’ Noxious Weed populations, which should also lend itself well to organic methods. Integrated control measures used within ‘Contained’ infestations must focus on preventing seeds and other reproductive pieces of Noxious Weeds from escaping the ‘Containment’ area.
For ‘isolated’ infestations of Noxious Weeds the enforcement priority is ‘Early Detection and Eradication’ (EDE – sometimes referred to as EDRR = early detection and rapid response), and the method of eradication is left up to the judgment of the municipality. Crop destruction is allowed by The Weed Control Act when eradicating ‘isolated infestations’ of Noxious Weeds. Because the ‘EDE’ is limited to a small portion of the field there is nothing to prevent the organic producer from establishing their organic buffer around that isolated area and managing the rest of the field organically.
Prohibited Weeds are either not currently in Saskatchewan, or are only recently introduced and very rare. If producers look through the list of Prohibited Weeds, there will be very few that they will recognize since for the most part, these species are not found in Saskatchewan yet. It is essential that these are weeds are discovered as soon as possible after they enter the province, quarantined when they are found, and eradicated using the most effective means possible, to prevent them from gaining a foothold. Once escaped, these weeds will be impossible to eliminate, and eradication at an early stage of introduction is the most effective and cost effective approach possible.
Upon the discovery of a Prohibited Weed there will be no consideration given to farm management system, organic or conventional. Only the most effective means will be acceptable, regardless of what that method is. When a Prohibited Weed is found, a municipality may, through a bylaw, declare the area around the discovery plus a necessary boundary, a ‘Prohibited Area’. Nothing will be allowed in or out of a Prohibited Area without the supervision of the weed inspector, and the weed inspector has the authority to erect a physical barrier around the site. In this situation the organic certification of the land is not relevant, since it won’t be farmed in any case. The designation of a Prohibited Area may last for five years from the last occurrence of the particular Prohibited Weed. This could mean that the ‘Prohibited Area’ designation may last significantly longer than five years if there is ongoing germination of the Prohibited Weed over that time.
Because The Weed Control Act is focusing more on weeds that are earlier in their invasion process, the plants regulated by the Act could more appropriately be referred to as invasive plants, rather than common weeds. The commonly held thought that “A weed is just a plant growing in the wrong place”, applied to more common weeds like wild oat or wild mustard, is not appropriate for these plants. None of the plants in the Prohibited or Noxious categories is native to Saskatchewan, or Canada for that matter, and as a result are particularly aggressive. The aggressive nature of these weeds results in part from the absence of their normal range of predators here in Canada, which in their place of origin would keep them in balance with the rest of their natural habitat. As a result, invasive plants have the potential to completely destroy the productivity of agricultural land, and threaten native habitats. Several of the plants listed are weeds of aquatic or forested habitats and have been brought under the legislation to protect those areas as well. Many of these species are direct threats to biodiversity since they create monocultures when introduced to Saskatchewan and destroy habitats that support wildlife. Invasive species have been reported as second only to urban sprawl, in the destruction of wildlife habitat. In simple terms invasive plants don’t share, play or work well with others.
Brenzil realizes that fines are often misunderstood by organic producers who think that a municipality can level a fine just for having weeds on their land. This is not the case at all. Fines may be pursued by a municipality in provincial court, when a landowner fails to work with a weed inspector to address weeds that were found on their land or if the land owner or occupant fails to follow through on an Agreement or Order as prescribed by the Act. Fines are only eligible for a defined list of offences contained in Section 39 of *The Weed Control Act. The municipality that tries to pursue the collection of a fine for one of these offences through provincial court, must prove their case to a provincial court judge in a summary court session, which is similar in many ways to traffic court. If the municipality cannot produce evidence to support their case, they will not be successful in court and may have to cover the landowner’s court costs as well. This should be sufficient to temper any ungrounded efforts to fine landowners.
There is also a new appeal process that was added to the new legislation to balance the general enforcement powers of the municipality over the landowner, unrelated to the process of fines. If the weed inspector should for some reason act beyond the powers afforded them by the Act, a person ‘aggrieved’ by that action may appeal first to the municipality, and if still unsatisfied following the municipal hearing, appeal to the Saskatchewan Municipal Board for a higher decision, much the same as with the fire standards legislation. However, the weed control measures that were initiated by the enforcement action are not ‘stayed’ by the appeal and will still be undertaken. If the appeal is successful, the cost of those actions will not be able to be recouped by the municipality through the land taxes.
Brenzil says that The Weed Control Act takes a modern approach to weed control legislation and has attracted the interest of several other provinces that are considering the review and update of their own weed control legislation. The Weed Control Act, The Weed Control Regulations and the Minister’s Order Designating Prohibited, Noxious and Nuisance Weeds can be found at the page on our web site dedicated as a resource for municipal weed inspectors at http://www.agriculture.gov.sk.ca/Weed_Inspectors. Brenzil encourages all producers, municipalities and others to read the legislation so that they know their rights and responsibilities.
