Acts and Regulations

A-9 - Apiary Inspection Act

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Repealed on 1 September 2011
CHAPTER A-9
Apiary Inspection Act
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“apiary” means a place where bees are kept;(rucher)
“bee-keeper” means a person who owns bees or has bees in his possession;(apiculteur)
“inspector” means an inspector of apiaries;(inspecteur)
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries.(Ministre)
R.S., c.7, s.1; 1967, c.38, s.2; 1986, c.8, s.9; 1996, c.25, s.5; 2000, c.26, s.19; 2007, c.10, s.13; 2010, c.31, s.17
Appointment of inspectors and Provincial Apiarist
2(1)The Minister may appoint qualified persons as inspectors for the purposes of this Act and the regulations and may appoint an inspector as Provincial Apiarist.
2(2)When the position of Provincial Apiarist is vacant or the Provincial Apiarist is unable to act by reason of illness, absence or any other cause, the Minister may designate an inspector to perform the duties and exercise the powers of the Provincial Apiarist for the time specified in the designation or until the designation is revoked.
2(3)Subject to the direction and supervision of the Minister the Provincial Apiarist
(a) shall act in a supervisory capacity with respect to inspectors, and
(b) may recommend to the Minister the suspension or removal from office of an inspector.
R.S., c.7, s.2; 1974, c.1(Supp.), s.1
Registration of bee-keepers
3(1)No person shall be a bee-keeper unless he and the apiary are registered for the current year.
3(2)Every bee-keeper shall, before the thirty-first day of May in each year, make such return as the Provincial Apiarist requires.
3(3)A person procuring or coming into possession of bees after the month of May in any year shall within ten days thereafter make application to the Provincial Apiarist for a registration form which he shall complete and return forthwith.
R.S., c.7, s.3; 1974, c.1(Supp.), s.2
Posting of name, address of bee-keeper
3.1Every bee-keeper shall maintain in a conspicuous location at the site of each of his apiaries a sign no smaller than fifteen centimetres by ten centimetres in size clearly stating his name and residential address.
1986, c.10, s.1
Prohibition against possession of equipment
3.2No person shall have in his possession any used beekeeping equipment that is accessible to bees other than bees in the possession, care or control of a bee-keeper.
1986, c.10, s.1
Quarantine of bees
4All bees imported into the Province in hives or in combs, and all bees amongst which a contagious or infectious disease exists, shall be in quarantine on the premises of the owner, who shall within three days after coming into possession of the bees, or of the outbreak of the disease, as the case may be, notify the Provincial Apiarist and shall not allow the removal from his premises of any such bees, or of any used apiary appliances or apparatus, until he has been granted a certificate from the Provincial Apiarist that those bees, used apiary appliances or apparatus have been properly disinfected or are free from disease.
R.S., c.7, s.4; 1974, c.1(Supp.), s.3
Restrictions respecting diseased colonies
5(1)No person shall keep bees infected with the disease known as American Foulbrood, European Foulbrood, Sacbrood, Nosema, Honey Bee Mite, Varroa Mite, Chalkbrood or any other infectious or contagious disease harmful to honey bees in the egg, larval, pupal or adult stage, except as provided by section 8, and every bee-keeper, when he becomes aware of the existence of such disease among his bees, shall at once notify an inspector of the existence of the disease.
5(2)No person shall, knowing that a contagious or infectious disease exists among his bees, sell, barter, give away, move or in any other way dispose of the same in whole or in part, or any product of the same other than honey, or any beekeeping equipment in such a manner as to cause the spread of the disease.
R.S., c.7, s.5; 1974, c.1(Supp.), s.4; 1986, c.10, s.2
Annual inspection and report
6(1)An inspector shall make annually such inspection of the apiaries throughout the Province as may be deemed necessary to discover and suppress all bee diseases of a contagious or infectious nature.
6(2)An inspector shall report to the Provincial Apiarist showing particulars of every inspection, the number of colonies inspected, the number destroyed, or such other particulars as may be required by the regulations.
R.S., c.7, s.6; 1974, c.1(Supp.), s.5
Power of inspector
7For the purpose of administering this Act an inspector has access to all places where bees, bee products, supplies or appliances used in apiaries are kept, and he shall on entering upon the premises produce, if required, a certificate of his appointment.
R.S., c.7, s.7; 1986, c.6, s.1
Application for entry warrant
7.1Before or after attempting to gain access to any place under section 7, an inspector may apply for an entry warrant in accordance with the Entry Warrants Act.
1986, c.6, s.2
Duty of inspector respecting diseased colonies
8(1)Where an inspector has reasonable cause to believe that a person has in his possession, care or control bees that may be infected with a disease referred to in subsection 5(1), the inspector may seize the bees and detain them in quarantine until he is satisfied as to whether or not the bees are infected.
8(2)Where an inspector has reasonable cause to believe that a person has in his possession, care or control bees that are infected with a disease referred to in subsection 5(1) or beekeeping equipment that may contain the causal organism of such disease, the inspector may order the person having possession, care or control of the bees in writing to
(a) disinfect the bees and beekeeping equipment, or
(b) destroy by fire the bees and beekeeping equipment
within the time specified in the order.
8(3)If a person to whom an order is given under subsection (2) fails to carry out the order within the time specified the inspector may take such action as he considers necessary to disinfect or destroy the bees or beekeeping equipment and that person shall pay the cost of the disinfection or destruction which may be recovered by action in any court of competent jurisdiction.
8(4)Where an inspector is satisfied that certain bees are infected with a disease referred to in subsection 5(1) or that certain beekeeping equipment contains the causal organism of such disease, and
(a) in the opinion of the inspector, immediate disinfection or destruction of the bees or beekeeping equipment is necessary in order to prevent the spread of the disease,
(b) it is not practicable for the inspector to make an order under subsection (2), or
(c) the bees are detained by the inspector in quarantine,
the inspector may take such action as he considers necessary to disinfect or destroy the bees or beekeeping equipment, as the case may be.
R.S., c.7, s.8; 1974, c.1(Supp.), s.6; 1986, c.10, s.3; 1991, c.27, s.1
Order for transfer of bees
9The inspector may, subject to the approval of the Provincial Apiarist, order any owner or possessor of bees dwelling in box or in immovable frame hives to transfer such bees to movable frame hives within a specified time; and in default of such transfer the inspector may himself cause such bees to be so transferred, or he may destroy, or order the destruction of the box or immovable frame hives and of bees dwelling therein.
R.S., c.7, s.9; 1974, c.1(Supp.), s.7
Notice to Provincial Apiarist of disease
10Every
(a) bee-keeper, or
(b) other person,
who is aware of the existence of foul brood, or other infectious or contagious disease, either in the bee-keepers own apiary or elsewhere shall immediately notify the Provincial Apiarist of the existence of the disease.
R.S., c.7, s.10; 1974, c.1(Supp.), s.8; 1990, c.61, s.7
Rearing of queen bees
11(1)A person engaged in the rearing of queen bees for sale shall, in the making of candy for use in the mailing cages, use honey which has been boiled for at least thirty minutes, unless candy which contains no honey at all is used.
11(2)A person engaged in the rearing of queen bees shall
(a) have the queen-rearing and queen-mating apiaries that are in that person’s possession, care or control inspected at least twice during each summer season by an inspector, and
(b) on the discovery of the existence of any disease that is infectious or contagious in its nature and injurious to bees in their egg, larval, pupal or adult stages, at once cease to ship queen bees from the diseased apiary until an inspector declares in writing that the apiary is free from disease.
11(3)Repealed: 1974, c.1(Supp.), s.9
R.S., c.7, s.11; 1974, c.1(Supp.), s.9; 1990, c.61, s.7
Spraying of fruit trees
12Every person who sprays fruit trees by a sprinkler or otherwise, while such trees are in full bloom, is forbidden to use, or permit to be used for such spraying, any mixture containing any compound of arsenic or any other poison hurtful to bees.
R.S., c.7, s.12
Offences and penalty
13(1)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
13(2)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
R.S., c.7, s.13; 1974, c.1(Supp.), s.10; 1990, c.61, s.7
Protection against liability
13.1In the absence of negligence, no action lies against the Provincial Apiarist, an inspector or the Crown in right of the Province with respect to the quarantine, disinfection, destruction or transfer of bees or beekeeping equipment by the Provincial Apiarist or an inspector in accordance with this Act.
1986, c.10, s.4
Regulations
14The Lieutenant-Governor in Council may make regulations
(a) prescribing the records to be kept and the returns to be made by a bee-keeper;
(b) prescribing the fee to be paid by persons registering under section 3;
(c) prescribing the records to be kept and the returns to be made by persons renting bee colonies for pollination;
(d) prescribing the requirements in addition to those imposed by this Act with respect to the sale of used bee equipment;
(d.1) respecting the detention and quarantine of bees;
(d.2) respecting the quarantine of apiaries;
(d.3) respecting the importation of bees into the Province;
(d.4) respecting the issuance of importation permits;
(e) prescribing requirements in addition to those imposed by this Act for the shipping of bees; and
(f) respecting any other matter considered necessary or advisable for the efficient carrying out of the purposes of this Act.
R.S., c.7, s.14; 1974, c.1(Supp.), s.11; 1986, c.10, s.5
SCHEDULE A
Column I
Section
Column II
Category of Offence
  
  3(1)..............
E
  3(2)..............
B
  3(3)..............
B
  3.1..............
B
  3.2..............
C
  4..............
F
  5(1)..............
F
  5(2)..............
F
10(a)..............
E
10(b)..............
C
11(1)..............
C
11(2)(a)..............
C
11(2)(b)..............
F
12..............
C
1990, c.61, s.7
N.B. This Act is consolidated to September 1, 2011.