April 20, 1998
TO:Chairman and Members Emergency and Protective
Services Committee
FROM:Barry Gutteridge
Commissioner
Works and Emergency Services
Joe Halstead
Commissioner
Economic Development, Culture and Tourism
Virginia West
Commissioner
Urban Planning and Development
SUBJECT:Appointment of Weed Inspectors
Purpose:
As required under the provisions of the Weed Control Act, this report requests approval for Municipal Weed Inspector
appointments for the City of Toronto.
Source of Funds:
Funds have been provided annually in the operating budgets of various departments in each of the former municipalities. It
will be necessary to ensure that adequate funds are included in the operating budget of whichever City department is
assigned responsibility for this program in the revised municipal structure.
Recommendations:
It is recommended that:
(1)Pending a decision about which City Department will administer and enforce the provincial Weed Control Act in the
new City of Toronto, this responsibility continue to rest with the functional areas in each of the former municipalities which
have traditionally handled weed control inspections.
(2)Toronto City Council pass a By-law (Appendix I) to appoint the following staff as Weed Inspectors and that they be
authorized to do all things necessary to carry out such as provided for under the authority of the Weed Control Act.
East York
Ron Clark and Robert Ward, Parks and Recreation.
Etobicoke
Debbie Edmonds, Randy Berg and Stephen Miller, By-law Enforcement Officers, Urban Development.
North York
Robert Crump and Virginia Dracup, Parks and Recreation.
Scarborough
Brian Lawrence and Bryan Yule, Works and Environment.
Toronto
Dave Chapman, Rusty Warkman, and Stan Gilpin, Parks and Recreation.
York
Helen Sousa, Parks and Recreation.
Council Reference/Background/History:
The Weed Control Act designates twenty-three plants (e.g. poison ivy, ragweed) to be noxious weeds, and requires that
every person in possession of land shall destroy all noxious weeds on that land.
Under the provisions of this Act, the City may by by-law appoint one or more persons as municipal Weed Inspector(s) who
shall cause the noxious weeds located on any subdivided portion of the municipality and lots not exceeding 4.1 hectares (10
acres) whether or not the lots are part of a subdivision, to be destroyed in a manner described in the regulations.
Where it is determined that parcels of land exceeding 4.1 hectares (10 acres) should be cut in order to control noxious
weeds located thereon , the owner is ordered in writing to destroy the noxious weeds, but no order shall specify a time less
than seven days. If the weeds are not destroyed within the time specified in the order, the Weed Inspector shall then cause
same to be cut.
Each former local municipality passed by-laws naming the Weed Inspectors for their geographical area. With the exception
of North York, which appointed its inspectors on an annual basis, the period covered by the appointments in each of these
by-laws was indefinite. Therefore, with the exception of North York=s Weed Inspectors, the appointments are still in effect
until the by-laws of the former municipalities are rescinded.
A new by-law is required in order to re-appoint the Weed Inspectors for the North York District in the City of Toronto.
The same by-law can also be used to rescind previous bylaws, some of which name as Weed Inspectors employees who are
no longer in the employ of the City of Toronto or who no longer act as Weed Inspectors for their respective districts.
Responsibility for this program has been vested with different departments. North York, York and East York administered
the program through their Parks and Recreation Departments. Toronto divided responsibility for the Act=s enforcement
between their Building Inspectors and Parks and Recreation staff, while the Works Departments in Scarborough and
Etobicoke have handled the task in their cities. Etobicoke has recently transferred responsibility for the program from
Works to Urban Development. The Metro Parks and Property Department has been responsible for the eradication of
noxious weeds on their own property, but have not appointed formal Weed Inspectors to inspect and control noxious weeds
on property other than their own.
During the restructuring process, a decision will be made about which City Department will assume responsibility for this
function. In the interim and through most of 1998 we expect that the program will continue to be administered by the
departments in each of the former municipalities who have traditionally done so.
Section 7(1) of the Act specifies that the clerk of a municipality Ashall, before the 1st day of April in each year, give the
(provincial) chief inspector a written notice indicating the name and address of every area weed inspector and the area for
which the appointment is made.@ In order to be able to provide the Chief Inspector with this list for all the districts in the
new City of Toronto, we are submitting the attached by-law for Council=s approval. Although we will not be able to notify
the Chief Inspector by April 1, the Weed Act also permits notification after this date provided that the clerk gives the Chief
Inspector a written notice indicating the name and address of every inspector and the areas for which the appointments are
made within seven days after the passing of a by-law appointing them. The passing of the attached by-law will enable us to
provide this notification prior to the beginning of June when most field work under this program commences.
The Weed Control Act also requires the municipal council to publish notice in a newspaper having general circulation in
the municipality of its intent to have the noxious weeds destroyed. Each former municipality has published its own notice
in the past. In 1998, it is our proposal to publish an advertisement (Appendix II) in the Toronto Star giving notice to all
owners and occupants of subdivided land in the new City of Toronto that unless the noxious weeds are destroyed by June 1,
1998, the Weed Inspector shall cause the said noxious weeds to be destroyed in a manner he/she may deem proper. Listings
for the Weed Inspectors for each District will be included in the advertisement.
Comments and/or Discussion and/or Justification:
The authority granted to municipalities under the Weed Control Act allows the municipality to take appropriate action to
control the spread of noxious weed species which may cause injury to human health or damage to adjacent properties. Most
property owners maintain their lands in a way that prevents these kinds of weed species and problems from becoming
established. Where this level of maintenance is not provided and noxious weeds become established, the City has the
authority to eradicate them and prevent potential harm to neighbouring residents.
In accord with the Act, the expenses incurred by the Weed Inspector shall be invoiced to the property owner and if not paid
by December 31, 1998, shall be placed on the Collector=s Roll of the municipality and collected in the same manner as
taxes under the Assessment Act.
Conclusions:
Appointment of municipal weed inspectors is necessary in order for the City of Toronto to comply with the requirements
as set out in the Weed Control Act. The appropriate by-law is attached for consideration.
Contact Name:
Robert Crump, Parks and Recreation Department
North York Region
Telephone: 395-7991Fax: 395-7937
Barry Gutteridge
Commissioner
Works and Emergency Services
Joe Halstead
Commissioner
Economic Development, Culture and Tourism
Virginia West
Commissioner
Authority: Weed Control ActAPPENDIX I
Intended for first presentation to Council: June 4, 1998
Adopted by Council:
CITY OF TORONTO
Bill No.
BY-LAW NUMBER ..........
A BY-LAW to appoint Weed Inspectors.
WHEREAS the Weed Control Act, R.S.O. 1990, Chapter W.5 provides that Council may pass by-laws appointing one of
more persons as Municipal Weed Inspectors to enforce the provisions of the said Act;
THEREFORE THE COUNCIL OF THE CITY OF TORONTO HEREBY ENACTS AS FOLLOWS:
1.That the following staff be appointed Weed Inspectors and that they be authorized to do all things necessary to carry
out such duties as provided for under the authority of The Weed Control Act.
Randy Berg, Dave Chapman, Ron Clark, Robert Crump, Virginia Dracup, Debbie Edmonds, Stan Gilpin, Brian Lawrence,
Stephen Miller, Helen Sousa, Robert Ward, Rusty Warkman, Bryan Yule
- That the following By-laws are hereby repealed:
Section 6 of By-law 11-95 as amended of the former Borough of East York
By-laws 1996-5, 1993-48 of the former City of Etobicoke.
By-law 24763 of the former City of Scarborough
By-law 1997-0205 of the former City of Toronto
By-law 3439-97 of the former City of York
ENACTED AND PASSED this day ofA.D., 1998
__________________________________________________
ClerkMayor
APPENDIX II
CITY OF TORONTO
NOTICE TO PROPERTY OWNERS
DESTROY WEEDS
____________________________________________________________________
Notice is hereby given to every person in possession of land within the City of Toronto, in accordance with The
Weed Control Act of Ontario, 1990, that unless noxious weeds or weed seeds are destroyed by June 1, 1998
and throughout the season, the Municipality may enter upon said lands to cause the noxious weeds or weed
seeds to be destroyed, charging the costs against the land in taxes as set out in the Act.
In the interest of public health, noxious weeds requiring eradication as they appear, are Goat's-beard, Thistles,
Ragweed, Poison Ivy, Wild Carrot, etc. Please note that Dandelions, Burdock and Goldenrod are not
considered noxious weeds under the Weed Control Act, therefore complaints regarding these weeds cannot be
accepted.
FOR FURTHER INFORMATION PLEASE CALL THE FOLLOWING CUSTOMER INQUIRY LINES IN YOUR
COMMUNITIES. ANONYMOUS COMPLAINTS WILL NOT BE ACCEPTED. YOUR COOPERATION AND
ASSISTANCE IS GREATLY APPRECIATED .
EAST YORK396-2810
ETOBICOKE394-8055
NORTH YORK395-7997
SCARBOROUGH396-7372
TORONTO CENTRAL
DOWNTOWN392-7559
DON RIVER AND EAST TORONTO392-0828
NORTH TORONTO AND MIDTOWN392-6940
HIGH PARK, TRINITY NIAGARA AND DAVENPORT392-0855
YORK394-2875
