POP: Dumping Grain on Public Roadways

POP: Yes
Res #: POP 7-01A
Number: 7
Year: 2001
Midterm: No
Expired: Yes
Responses Received: No

Point of Privilege Resolution No. 7-01A

WHEREAS, grain is being intentionally dumped on RM roads and provincial highways by trucks cleaning out trapped grain before reloading; and

WHEREAS, these grain products can originate from anywhere within North America and may carry with them noxious weed seeds, unknown diseases or unregistered varieties;

THEREFORE BE IT RESOLVED, that a law be put in place prohibiting the dumping of grain on public roads and highways and that a heavy fine be placed on offenders.

Response from Gord Nystuen:

If the trucks that are participating in the dumping activities are doing so after visiting a nearby elevator, there are some measures under The Noxious Weeds Act, 1984 that can alleviate this problem. Section 22 of the Act states "that no person shall travel on any road with a machine that is contaminated with noxious weeds and that the Weed Inspector can issue an Order under the Act that prohibits the movement of any machine suspected of containing noxious weeds until that machine is cleaned to the Weed Inspector's or clerk's or secretary treasurer's satisfaction.

This would likely involve the Weed Inspector locating his or herself in such spot as to be available to inspect trucks as they leave the elevator location and also require that they be inspected before leaving the facility. Section 34 of the Act states "that anyone who contravenes any provisions of the Act or fails to comply with an Order, Agreement or permit issued by a Weed Inspector under the Act can be charged with a summary offence under the Act, and upon conviction, be subject to a fine of up to $500." Weed Inspectors are the primary enforcement of The Noxious Weeds Act, 1984 and may be appointed by municipalities each year. Without the appointment of a Weed Inspector, the municipality's capability to enforce the provisions of the Act is severely restricted.

While the clerk or the secretary treasurer of the municipality may also enforce the provision in Section 22, the advantage to the appointment of a Weed Inspector for this role is that they have the power to enter onto private land to do the inspection, which the administrative positions of the municipality do not have. If the truck doing the dumping is free of noxious weeds, then the Act will not have the power to prevent the dumping, however, the Weed Inspector in such a situation may encourage more diligent cleaning of trucks, just by their presence.