Acts and Regulations

2011, c.111 - Apiary Inspection Act

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Current to 1 January 2024
2011, c.111
Apiary Inspection Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“apiary” means a place where bees are kept. (rucher)
“bee-keeper” means a person who owns bees or is in possession of bees. (apiculteur)
“inspector” means an inspector of apiaries. (inspecteur)
“Minister” means the Minister of Agriculture, Aquaculture and Fisheries. (ministre)
R.S.1973, c.A-9, s.1;  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; 2017, c.63, s.14; 2019, c.2, s.14
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.1973, c.A-9, s.2; 1974, c.1 (Supp.), s.1
Registration of bee-keepers
3(1)No person shall be a bee-keeper unless the person and the apiary are registered for the current year.
3(2)Before May 31 of each year, every bee-keeper shall make those returns that 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 after that make application to the Provincial Apiarist for a registration form, which the person shall complete and return without delay.
R.S.1973, c.A-9, s.3; 1974, c.1 (Supp.), s.2
Posting of name, address of bee-keeper
4Every bee-keeper shall maintain in a conspicuous location at the site of each of the bee-keeper’s apiaries a sign no smaller than 15 cm by 10 cm in size clearly stating the bee-keeper’s name and residential address.
1986, c.10, s.1
Prohibition against possession of equipment
5No person shall have in the person’s possession any used bee-keeping 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
6All 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, within three days after coming into possession of the bees or of the outbreak of the disease, as the case may be, shall notify the Provincial Apiarist and shall not allow the removal from the premises of the bees, or of any used apiary appliances or apparatus, until the owner has been granted a certificate from the Provincial Apiarist that the bees, used apiary appliances or apparatus have been properly disinfected or are free from disease.
R.S.1973, c.A-9, s.4; 1974, c.1 (Supp.), s.3
Restrictions respecting diseased colonies
7(1)No person shall keep bees infected with the disease known as American Foul Brood, European Foul Brood, 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 11, and every bee-keeper, when the bee-keeper becomes aware of the existence of such disease among the bee-keeper’s bees, shall notify an inspector immediately of the existence of the disease.
7(2)No person, knowing that a contagious or infectious disease exists among the person’s bees, shall sell, barter, give away, move or in any other way dispose of those bees in whole or in part, or any product of them other than honey, or any bee-keeping equipment in such a manner as to cause the spread of the disease.
R.S.1973, c.A-9, s.5; 1974, c.1 (Supp.), s.4; 1986, c.10, s.2
Annual inspection and report
8(1)An inspector shall make annually those inspections of the apiaries throughout the Province that may be considered necessary to discover and suppress all bee diseases of a contagious or infectious nature.
8(2)An inspector shall report to the Provincial Apiarist showing particulars of every inspection, the number of colonies inspected, the number destroyed or any other particulars that may be required by the regulations.
R.S.1973, c.A-9, s.6; 1974, c.1 (Supp.), s.5
Power of inspector
9For 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 the inspector shall on entering on the premises produce, if required, a certificate of the inspector’s appointment.
R.S.1973, c.A-9, s.7; 1986, c.6, s.1
Application for entry warrant
10Before or after attempting to gain access to any place under section 9, 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
11(1)When an inspector has reasonable cause to believe that a person has in that person’s possession, care or control bees that may be infected with a disease referred to in subsection 7(1), the inspector may seize the bees and detain them in quarantine until the inspector is satisfied as to whether the bees are infected.
11(2)When an inspector has reasonable cause to believe that a person has in that person’s possession, care or control bees that are infected with a disease referred to in subsection 7(1) or bee-keeping equipment that may contain the causal organism of that disease, the inspector may in writing order the person having possession, care or control of the bees to do the following within the time specified in the order:
(a) disinfect the bees and bee-keeping equipment; or
(b) destroy by fire the bees and bee-keeping equipment.
11(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 the action that the inspector considers necessary to disinfect or destroy the bees or bee-keeping equipment, and that person shall pay the cost of the disinfection or destruction which may be recovered by action in a court of competent jurisdiction.
11(4)An inspector may take any action that he or she considers necessary to disinfect or destroy bees or bee-keeping equipment when he or she is satisfied that the bees are infected with a disease referred to in subsection 7(1) or that the bee-keeping equipment contains the causal organism of such a disease, as the case may be, and
(a) the inspector is of the opinion that immediate disinfection or destruction of the bees or bee-keeping 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.
R.S.1973, c.A-9, s.8; 1974, c.1 (Supp.), s.6; 1986, c.10, s.3; 1991, c.27, s.1
Order for transfer of bees
12Subject to the approval of the Provincial Apiarist, the inspector may order an owner or possessor of bees dwelling in a box or in immovable frame hives to transfer the bees to movable frame hives within a specified time; and in default of the transfer, the inspector may cause the bees to be transferred or may destroy or order the destruction of the box or immovable frame hives and of the bees dwelling in them.
R.S.1973, c.A-9, s.9; 1974, c.1 (Supp.), s.7
Notice to Provincial Apiarist of disease
13Every bee-keeper, or other person, who is aware of the existence of foul brood or other infectious or contagious disease, either in the bee-keeper’s own apiary or elsewhere, shall notify the Provincial Apiarist immediately of the existence of the disease.
R.S.1973, c.A-9, s.10; 1974, c.1 (Supp.), s.8; 1990, c.61, s.7
Rearing of queen bees
14(1)A person engaged in the rearing of queen bees for sale shall use honey which has been boiled for at least 30 minutes to make candy for use in mailing cages, unless candy which contains no honey at all is used.
14(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.
R.S.1973, c.A-9, s.11; 1974, c.1 (Supp.), s.9; 1990, c.61, s.7
Spraying of fruit trees
15Every person who sprays fruit trees by a sprinkler or otherwise while the trees are in full bloom, is forbidden to use, or permit to be used for that spraying, any mixture containing any compound of arsenic or any other poison injurious to bees.
R.S.1973, c.A-9, s.12
Offences and penalties
16(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.
16(2)For the purposes of Part 2 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.1973, c.A-9, s.13; 1974, c.1 (Supp.), s.10; 1990, c.61, s.7
Immunity
17In 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 bee-keeping equipment by the Provincial Apiarist or an inspector in accordance with this Act.
1986, c.10, s.4
Regulations
18The 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;
(e) respecting the detention and quarantine of bees;
(f) respecting the quarantine of apiaries;
(g) respecting the importation of bees into the Province;
(h) respecting the issuance of importation permits;
(i) prescribing requirements in addition to those imposed by this Act for the shipping of bees;
(j) respecting any other matter considered necessary or advisable for the efficient carrying out of the purposes of this Act.
R.S.1973, c.A-9, s.14; 1974, c.1 (Supp.), s.11; 1986, c.10, s.5
SCHEDULE A
Column I
Provision
Column II
Category of Offence
  
  3(1)..............
E
  3(2)..............
B
  3(3)..............
B
  4..............
B
  5..............
C
  6..............
F
  7(1)..............
F
  7(2)..............
F
13(a)..............
E
13(b)..............
C
14(1)..............
C
14(2)(a)..............
C
14(2)(b)..............
F
15..............
C
1990, c.61, s.7
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to March 29, 2019.