PRRD/NEIPC Agriculture Weed Day Dawson Creek March 28, 2012 Weed Control Act and Regulation

1. PRRD/NEIPC Agriculture Weed Day Dawson Creek March 28, 2012 Weed Control Act and Regulation Regulatory Change and Moving Forward David Ralph Invasive Plant Program Range Branch BC Ministry of Forests, Lands and Natural Resource Operations Kamloops, BC

2. Weed Control Legislation History • First weed legislation in the new Province of British Columbia (1871). • Thistle Prevention Act (1877) refers to “perennial thistles” with no specific species named • Noxious Weeds Act (1888) listed 8 species • Purpose to prevent the spread of noxious weeds • Applicable west of Cascades only until 1911. • B. Wilkeem, Presentation, History of Weeds in BC, • 2008 IPCBC Research Forum • Municipal enforcement early 1900’s

3. Weed Control Legislation History • Municipal Councils and the Boards of Commissioners of villages authority to appoint weed inspectors • The enforcement of the “Noxious Weeds Act” in unorganized districts of BC is in the hands of the Government, whilst the municipalities are largely responsible for its enforcement in organized districts. It should be realized, however, that the secret of successful weed control is education and cooperation; nevertheless, those in charge of weed-work should make it clearly understood that the weed laws of the province must be respected and enforced if necessary. Weeds and Their Control Bulletin No. 106, Province of BC, Dept. Of Agriculture in collaboration with University of BC. 1939 • Weed Control Act • Duty to control noxious weeds • 2.In accordance with the regulations, an occupier must control noxious weeds • growing or located on land and premises, and on any other property located on • land and premises, occupied by that person.

4. Weed Control Legislation History • 25 species listed (in regulation) by 1979 • 32 species listed by 1986 • 48 species listed by 2001 • Revisions of WCA Regulation begins 2009 MAL. • Revisions began with written Regulations and Part ‘A’ lists. • In 2010, Weed Control Act and Regulation was transferred to the Ministry of Forests, Lands and Natural Resource Operations (FLNRO) • Addition of 18 provincial listed species in 2011.

5. Weed Control Legislation History • Order in Council July 2011 added 18 new species to Provincial list in Regulations: • Bohemian Knotweed (Fallopia x bohemica) Giant Mannagrass (Glyceria maxima) • Bur Chervil (Anthriscuscaucalis) Himalayan Knotweed (P. polystachyum) • Common Reed (Phragmitesaustralis subsp. australis) Japanese Knotweed (Fallopia japonica) • Dense-flowered Cordgrass (Spartinadensiflora) Milk Thistle (Silybummarianum) • English Cordgrass (Spartinaanglica) North Africa Grass (Ventenatadubia) • Flowering Rush (Butomusumbellatus) Purple Loosestrife (Lythrumsalicaria) • Garlic Mustard (Alliariapetiolata) SaltmeadowCordgrass (Spartina patens) • Giant Hogweed (Heracleummantegazzianum) Smooth Cordgrass (Spartinaalterniflora) • Giant Knotweed (Fallopiasachalinensis) Yellow Flag Iris (Iris pseudacorus)

6. Government Obligations as Administrator • Ministry of FLNRO administers legislation • Enabling to local government, not mandatory • Local government and Minister appoint inspectors • Weeds added by request of local government and FLNRO must entertain requests. • Weed Specialists review for accuracy, management plans prior to submission to OIC • Specialists may also request addition of species. • Enforcement typically carried out by local government, but prov. gov’t inspectors may also enforce. • Cost recovery process at local go's level.

7. Weed Control Act and Regulations • Act guides administrative process; • Definitions, duty of land occupiers to control, cost recovery, inspection abilities and enforcement policies, committee structure, weed control agreements • Regulation guides operational process; • Definitions in regulations, designation of ‘noxious weeds’, enforcement process (notice to control), forms and situations that are enforceable

8. Proposed Weed Control Act Regulation Revisions • Weed Control Act is not being reviewed for revisions at this time. • Weed Control Act Regulation is currently under review and revisions have been underway since 2009 • First revisions to authority of weed inspectors and Schedule ‘A’, Part I and II from Provincial and Regional to Provincial Prohibited and Provincial Restricted and Regional Restricted • Provincial Prohibited - designated as noxious throughout BC. Occupier. Targeted for eradication from land and premises occupied by that person, and from property located on that land and premises.

9. Proposed Weed Control Act Regulation Revisions • Provincial Restricted - widespread in some parts of the province, but rare or absent in other parts of the province. The goal is to prevent them from spreading into new areas, and to contain or reduce their populations in already infested areas. • Regional Restricted - Species typically common and widespread province-wide and may be under biological control. A region may require control if it poses a threat to agriculture, natural ecosystems and natural resources

10. Proposed Weed Control Act Regulation Revisions • Propose two “Watch lists” • Species that have potential of threatening invasion to BC but did not meet criteria for inclusion in Provincial Prohibited list • Watch List 1 - reviewed/accessed annually • Watch List 5 – reviewed/accessed every 5 years

11. Proposed Weed Control Act Regulation Revisions • Review and Input to date • ‘Schedule B’ Notice to Occupier to Control Weeds, Interpretations, Definitions and Enforcement situations of Regulations has been reviewed internally with preliminary assessment. • Indications are expansion and strengthening of enforceable offence situations/actions. • Many recommendations from stakeholders indicate increasing powers of Regulations • Preventive abilities or measures strong consideration

12. Proposed Weed Control Act Regulation Revisions • Changes for Consideration • Review weed/IP legislation from neighbouring jurisdictions • Western provinces, US states bordering BC • Intent to achieve increased harmonization of legislation • Movement/Transport of all Noxious Weeds on vehicles to be strengthened • Inclusion of sale of noxious species. • Opportunities for enforcement options for movement of Noxious Weed infested material • Currently only land based enforcement on occupier

13. Proposed Weed Control Act Regulation Revisions • Changes for Consideration • Measures to prevent introduction to BC through borders • Will have to align with Federal (CFIA) Invasive Plant legislation • Strengthen materials containing Noxious Weeds such as soil, fertilizer, topsoil, etc • Expand ‘Schedule B’ Notice to Occupier to Control Weeds • More options for Weed Inspector to issue specific required action(s) • Aquatics to be included in Regulations • Expand scope of legislation due to additional species outside historic agricultural concern

14. Next Steps Weed Control Act Regulation Revisions • Inter Ministry Invasive Plant Working Group to review and comment on proposed changes to Regulations • Draft intent of sections • Revised Regulations of intent reviewed by Attorney General ministry staff for comment and discussion • Review by local governments (Regional Districts, Municipalities) for review and comment • Draft Regulations prepared by AG and presented for OIC • Expected completion of Regulation revisions unknown

15. Input from Peace River Region Producers • Screenings • 4 (1) No person shall transport, keep for sale, offer to buy or sell, or buy or sell any screenings containing seeds of a noxious weed unless • (a) the screenings are graded as No. 1 or No. 2 feed screenings under section 17 of the Off Grades of Grain and Grades of Screenings Order established by SOR 71-91 under the Canada Grain Act, • (b) he holds a valid and subsisting • (I)  permit for removal of screenings in the form of Schedule C, or • (ii)  feeder's permit in the form of Schedule D • issued by the minister, and the permit holder complies with the terms and conditions set out in the permit, or • (c) the screenings have been treated so as to devitalize any weed seeds. • (2)  Nothing in the section prevents • (a) a farmer transporting from a grain elevator, mill or warehouse to his farm screenings that have been removed from grain grown on that farm, or • (b)a person keeping/selling for export from the Province any screenings from grain that is reclined in BC • (3) On the sale of any screenings, the person who sells the screenings shall file with minister a report specifying • (a) the quantity of screenings sold, • (b) the date and place of shipment, and • (c) the person within the Province to whom the screenings are to be shipped.

16. Proposed Weed Control Act Regulation Revisions for ‘Screenings’ section • Changes for Consideration • Three pronged effort to address ‘Screening section’ • Use Schedule ‘B’ enforcement notice to occupier • Include ‘ No person shall be allowed to be deposit noxious weeds in a manner to allow their spread • Transport in a covered container • Storage of material (screenings, forage, feed, etc) strengthened • Movement and transport of Noxious Weeds on vehicles, containers to be strengthened

17. Thank you for your • Attention, • Input • and • Comments