Casual legal: Municipal weed control obligations
DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.
By Austin Leask
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
Between the smoke, torrential rain, and mosquito infestations, Albertans are facing a particularly hostile summer. With so many visible pests and environmental hazards clamouring for attention, it may be easy for municipalities to overlook a quieter, but still significant, issue: weed management. Municipalities should be mindful of their obligations to manage and control noxious weeds, which can harm people, animals, ecosystems, and agricultural development.
Responsibility for maintaining and protecting ecosystems is shared across all levels of government. In Alberta, the Weed Control Act, SA 2008, c W-5.1 (the “Act”), provides that council shall appoint inspectors to enforce and monitor compliance with the Act within the municipality. The wording of the Act makes the appointment of inspectors an obligation, rather than a discretionary task for municipalities.
The province also retains authority to designate inspectors of its own. The Minister of Agriculture and Irrigation may appoint inspectors for the purpose of enforcing and monitoring compliance with the Act. In certain circumstances, the Minister may also appoint and direct an inspector to enforce and monitor compliance on behalf of a municipality. To do so, the Minister must:
Provide the municipality with written notice; and
Be of the opinion that the municipality has either failed to appoint inspectors or that the inspectors appointed by the municipality are not properly enforcing or monitoring compliance with the Act.
The Act also permits multiple municipalities to share inspectors if there is written approval from council. For smaller municipalities, or those that already share other enforcement services with their neighbours, this is a useful option to share the costs of compliance.
Although noxious weeds may seem less urgent than the other natural challenges facing Albertans this summer, the Act makes clear that proper weed management and enforcement remain municipal responsibilities. For municipalities, staying attentive to those obligations is an important part of protecting local ecosystems, agricultural lands, and the communities that depend on them.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1.800.661.7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310.MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
