Q: What can a farmer do to get organic farmers to do a better job of weed control on their fields? Our neighbours are organic farmers and we get all of their weeds. We have called the municipality but it has done nothing. The municipality itself is lax about weed control on the roadways. We have to tarp our trucks when hauling grain so as not to spread weeds, so why aren’t organic farmers and municipalities required to do their part?
A: There are no special laws dealing with organic farmers and weeds. Like other farmers, they are required to control weeds on their farms. That general duty is spelled out in the Noxious Weeds Act, called the Weed Control Act in Alberta, and requires landowners to destroy noxious weeds and prevent their spread to other land. This legal duty is met when the land user has undertaken weed control methods normally used in the area.
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Municipalities are entitled to
appoint weed inspectors and if they don’t, the applicable minister can. In Saskatchewan, 10 ratepayers can petition the council to make such an appointment. If council fails to do so, contact the crop development branch of Saskatchewan Agriculture. If the landowner doesn’t control weeds
adequately, the inspector can order necessary measures.
Failure to comply is an offence and the inspector can take necessary steps to destroy the weeds at the landowner’s expense.
In my opinion, the spread of weeds from one field to another is also a “nuisance” in law. Nuisance is something from one parcel of land such as smoke, noise or dust that interferes with the use of a neighbouring parcel of land.
However, agricultural operations legislation in most provinces protects farmers from nuisance claims if they are using normally acceptable farm practices. A farm practices or agricultural operations board determines whether the practice is acceptable. The board also mediates and tries to resolve complaints between landowners.
In Saskatchewan the board can be contacted by writing Room 202, 3085 Albert St., Regina, S4S 0B1 or by phoning 306-787-4693. In Alberta, complaints about farm practices can be addressed to the Farmer’s Advocate office.
Municipalities are responsible for weed control. I have been unable to find cases where a municipality has been sued for failing to control weeds. However, there have been thousands of cases where taxpayers have sued municipalities for omissions such as failing to maintain roads or inspect buildings. But no clear standard has emerged from these cases. It might be better to lobby council for action.
Don Purich is a former practising lawyer who is now involved in publishing, teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
