TAMRMS#: B06
9.2
REQUEST FOR DECISION
title
CAO Delegation - Pest & Weed Control
Presented by: Aaron Giesbrecht, Director, Policing Services
label
RECOMMENDED MOTION(S)
recommendation
That the Chief Administrative Officer be appointed an inspector pursuant to section 10(1) of the Agricultural Pests Act and section 7(1) of the Weed Control Act, effective immediately.
body
SUMMARY
For the City to meet its legal obligations related to the control and enforcement of provincially regulated pests and weeds, Council must appoint inspectors pursuant to the Agricultural Pests Act and Weed Control Act.
The recommended motion designates the City’s Chief Administrative Officer as an inspector for these purposes, who will subsequently delegate this authority to the appropriate City employees.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
Section 10(1) of the Agricultural Pests Act, RSA 2000, c A-8 provides that:
10(1) The local authority of a municipality shall appoint a sufficient number of inspectors to carry out this Act and the regulations within the municipality.
Section 7(1) of the Weed Control Act, SA 2008, c W-5.1,states that:
7(1) A local authority shall appoint inspectors to enforce and monitor compliance with this Act within the municipality.
BACKGROUND AND DISCUSSION
The Agricultural Pests Act requires that municipalities take active measures to:
- prevent the establishment of, or
- to control or destroy,
provincially regulated pests within their respective municipal boundaries.
Pests that are provincially regulated are listed in the Pest and Nuisance Control Regulation and includes but is not limited to Dutch elm disease, Norway rat, Rabies and Wild boar.
The Weed Control Act, requires municipalities to enforce and monitor compliance with the Act within their municipal boundaries.
Weeds that are classified as “Prohibited Noxious” must be destroyed and include but are not limited to, flowering rush, garlic mustard and giant knapweed. Weeds that are classified as “Noxious” must be controlled and include but are not limited to, oxeye daisy, thistle, and scentless chamomile (may weed).
For the municipality to act and meet its obligations under these two pieces of provincial legislation, municipal councils must designate “inspectors”.
A recent review of our bylaws and processes related to Dutch elm disease revealed a gap in city staff’s authority to take appropriate actions as it relates to this legislation.
To address this gap, Administration is recommending that Council pass the noted motion, which will designate the City’s Chief Administrative Officer as an inspector for both pieces of legislation. The CAO will subsequently delegate this authority to the appropriate City employees as necessary to ensure that the City’s legal obligations are met as it relates to the handling of regulated pests and weeds.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Internal discussions and engagement occurred across many different departments on this matter which including Policing, Public Operations, Engineering and Legal Services.
IMPACTS OF RECOMMENDATION(S)
Financial:
None at this time.
Compliance & Legal:
Passing the recommended motion removes the gap that was recently uncovered and ensures that the City’s legal obligations under the legislation are met.
Program or Service:
Passing the recommend motion increases the City’s ability to address concerns and provides services related to regulated pests and weeds
Organizational:
None at this time.
Risks
No further risks identified at this time.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
Not applicable.
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
C.1.3 Vegetation and pest control
Maintenance of healthy turf and urban forests.
F.2.3 Municipal Enforcement
Responding to public complaints and enforcing select municipal bylaws and provincial statutes.
D.1.2 Issuance of Land Use and Development Permits and Licenses
Services related to the review and issuance of land use and development permits and licenses.
IMPACTS OF ALTERNATIVES CONSIDERED
If Council does not wish to support the proposed motion, Administration presents the following alternatives for Council’s consideration.
ALTERNATIVE 1:
That Council direct Administration to bring forward amendments to the appropriate bylaws that would meet the required obligations set out in the Agricultural Pests Act and Weed Control Act related to the designation of “inspectors”.
Financial:
None at this time.
Compliance & Legal:
This would meet the required obligation, but it will take Administration several months to review and prepare amendments for Council’s consideration leaving the legal gap and risk in place in the meantime.
Program or Service:
Delaying the designation of inspector status will limit Administrations ability to respond to some issues surrounding regulated pests and weeds, the largest risk being the ability to rapidly respond to a Dutch elm disease matter.
Organizational:
None at this time.
Risks
No further risks identified at this time.
body
Report Date: October 6, 2026
Author(s): Aaron Giesbrecht
Department: Policing Services
Department Director: Aaron Giesbrecht
Managing Director: Diane McMordie
Chief Administrative Officer: William Fletcher