Interpretation

1.  In this Act

"committee" means a grasshopper control committee established under this Act;

"control area" means a grasshopper control area constituted under this Act;

"minister" means the Minister of Agriculture and Food;

"owner" means a

(a) person registered as the owner of the fee simple in the books of the land title office;

(b) purchaser under a registered agreement for purchase, who is by the terms of the agreement liable to pay the taxes on the land; or

(c) pre-emptor, homesteader, purchaser or lessee from the Crown;

for land situated within the territorial limits of any control area or proposed control area; and includes the duly authorized agent or representative of any owner within the scope of paragraph (a), (b) or (c); and for land belonging to the Crown in right of the Province includes the Crown;

"private owner" means an owner of land that has been granted by the Crown, or that is held under homestead entry, pre-emption record, lease or purchase agreement from the Crown.

Historical Note(s): RS1960-167-2; 1977-75-44; 1978-25-334,336; 1980-29-11.

Meeting of owners

2.  (1) Any 5 private owners of land within an area that they propose to have constituted a grasshopper control area under this Act may by public notice call a meeting of the owners at a time and place named in the notice.

(2) The notice shall be given by posting a copy of it at each post office serving the area and at 2 other conspicuous public places in the area, at least 15 days before the day named for the meeting, and by publication of the notice in 2 consecutive issues of a newspaper published or circulating within the area.

(3) Every owner may attend and take part in the discussion at the meeting, and a majority of the owners present at the meeting may decide to circulate a petition for the constitution of a control area under this Act.

Historical Note(s): RS1960-167-3.

Form of petition

3.  The petition shall be addressed to the Lieutenant Governor in Council, in a form prescribed by the regulations, and shall contain a description of the proposed control area, and the names of 4 persons whom the petitioners desire to appoint as members of the committee of the control area, and who express in writing their willingness to act.

Historical Note(s): RS1960-167-4.

Constitution of control area

4.  (1) On presentation of the petition, accompanied by proof of compliance with section 2, and showing that the petition is signed by private owners representing in the aggregate not less than 60% of the total land in the proposed control area held by private owners, the Lieutenant Governor in Council may, by order, constitute the land described in the petition a grasshopper control area under a name considered advisable, and may appoint the persons nominated in the petition, together with one other person nominated by the minister, to be the grasshopper control committee of that control area.

(2) Where all the private owners of land within the proposed control area concur in signing the petition, it is not necessary to comply with section 2, but the petition shall not be entertained by the Lieutenant Governor in Council unless it is accompanied by proof that it is signed by all the private owners.

(3) In constituting the control area, the Lieutenant Governor in Council may change or vary the boundaries of the control area as set out in the petition.

Historical Note(s): RS1960-167-5; 1977-53-1.

Constitution and dissolution of committee

5.  (1) On making the order in council constituting the control area, the members of the committee appointed and their successors in office are a corporation under the name set out in the order in council, and the order in council is conclusive evidence of the regularity of all proceedings leading to the constitution of the control area and that the committee is duly appointed and incorporated under this Act.

(2) The number of members constituting the committee, their term of office, their appointment and the constitution of a quorum shall be governed by the regulations; but there shall always be one member of the committee who is the nominee of the minister and the other members shall be nominees of the private owners of land within the control area.

(3) On cause shown, and on conditions and subject to provisions as considered proper, the Lieutenant Governor in Council may revoke and cancel the constitution of the control area and declare the committee to be dissolved.

Historical Note(s): RS1960-167-6.

Powers and duties of committee

6.  (1) Subject to this Act and the regulations, the committee may in its discretion determine the measures to be adopted and the work to be done for exterminating grasshoppers or controlling and abating the grasshopper pest within the control area. For that purpose the members of the committee and its employees may enter on any land within the control area or land adjacent to it, without the consent of the owner or of any person having any estate or interest in the land, to inspect and examine the conditions there, to carry out on it measures and work determined by the committee, and to do all things necessary or convenient to carry out this Act.

(2) Without limiting the generality of subsection (1), the powers and duties of the committee, notwithstanding anything in any other Act, extend to the

(a) expenditure for the purposes of this Act of money advanced to the committee by the minister under this Act;

(b) employment, direction and supervision of employees and the payment of their salaries or wages;

(c) purchase of poisons and things necessary or expedient to enable the committee to carry out its work and placing or setting out of poisons subject to the giving of notices prescribed by the regulations, on the land of any owner within the control area, or on any land adjacent to the control area, for the purposes referred to in subsection (1);

(d) keeping of accurate records of the work done and of the costs and expenses incurred by the committee;

(e) submission of reports the minister requires;

(f) exercise of other powers and the performance of other duties prescribed by the regulations.

(3) The committee shall not undertake any expenditure or incur any liability in excess of the money advanced to it by the minister.

Historical Note(s): RS1960-167-7; 1975-2-4.

Protection of committee and its employees

7.  No action shall be brought against the committee in its corporate capacity, or against any member of the committee, or against any employee of the committee for damages occasioned by any act or thing done by it or him in good faith under this Act and the regulations.

Historical Note(s): RS1960-167-8.

Advances of money

8.  (1) The minister may, from money appropriated for this Act, advance money to the committee of a control area or purchase for a committee things the minister considers necessary for this Act.

(2) [Repealed 1987-18-4.]

Historical Note(s): RS1960-167-9; 1975-2-4; 1987-18-4.

Repealed

9-13.  [Repealed 1987-18-4.]

Regulations

14.  (1) The Lieutenant Governor in Council may make regulations including those

(a) defining, redefining, reducing or extending the limits of a control area;

(b) prescribing the powers and duties of committees under this Act, the number of members constituting a committee, the term of office of members, the manner of nominating and appointing members, and the number of members required to constitute a quorum;

(c) regulating the times of meetings and the manner of calling and conducting meetings of owners and the method of voting and the qualification of voters at those meetings;

(d) prescribing the methods of grasshopper control work to be followed by the committee for a control area.

Historical Note(s): RS1960-167-15.

Offence and penalty

15.  (1) Every person who obstructs, hinders or prevents a committee or any member, or employee of a committee engaged in the exercise of any power or in the performance of any duty under this Act or the regulations commits an offence against this Act.

(2) Every person who commits an offence against this Act or who violates any provision of this Act or the regulations is liable on conviction to a fine not exceeding $50.

Historical Note(s): RS1960-167-16,17.