From the Environmental Registry: Updating the Schedule of Noxious Weeds in Ontario

Regulation Proposal Notice: Updating the Schedule of Noxious Weeds in R.R.O. 1990, Regulation 1096 - General made under the Weed Control Act, R.S.O. 1990, c. W-5.

Description of Regulation:

The Weed Control Act and Regulation 1096 prohibit listed noxious weeds from being grown where they have the potential to negatively affect agricultural land. The list in the regulation’s Schedule of Noxious Weeds is outdated. Proposed revisions include the removal of nine weeds that are no longer considered to be significant threats to agriculture or horticulture in Ontario and the addition of nine new weeds that are considered emerging threats to the agriculture industry within Ontario.

Purpose of Regulation:

The Schedule of Noxious Weeds in Regulation 1096 includes nine weed species that are no longer considered to be significant threats to agriculture or horticulture in Ontario. Designating some of these plant species as noxious weeds may be in conflict with conservation initiatives, most notably the restoration and conservation of habitat to support pollinator health. The nine plant species can be managed through modern management practices upon farmed land.

It is proposed that the following species currently listed in the Schedule of Noxious Weeds under R.R.O. 1990, Regulation 1096 be removed:

1. Colt’s-foot (Tussilago farfara L.)
2. Dodder spp. (Cuscuta spp.)
3. Johnson grass (Sorghum halepense (L.) Persoon)
4. Black-seeded proso millet (Panicum miliaceum L. (black-seeded biotype))
5. Yellow rocket (Barbarea spp.)
6. Cypress spurge (Euphorbia cyparissias L.)
7. Leafy spurge (Euphorbia esula L. (complex))
8. Russian thistle (Salsola pestifer Aven Nelson)
9. Tuberous vetchling (Lathyrus tuberosus L.)

Removing some of the above weed species from the Schedule of Noxious Weeds would demonstrate support for sustaining biodiversity in Ontario. Some species, such as Colt’s-foot and yellow rocket, are also known to attract pollinating insects, such as bees.

The Schedule of Noxious Weeds in Regulation 1096 has not been subject to a comprehensive update for many years. Nine weed species have been identified that are considered to be emerging threats to the agriculture industry in Ontario. Some of the species recommended for addition have previously caused large losses in crop revenues in other jurisdictions (e.g., kudzu) and are of growing concern to Ontario farmers.

It is proposed that the following weed species are added to the Schedule of Noxious Weeds:

1. Smooth bedstraw (Gallium mollugo (L.))
2. Wild chervil (Anthriscus sylvestris)
3. Common crupina (Crupina vulgaris Cass.)
4. Jointed goatgrass (Aegilops cylindrical Host)
5. Kudzu (Pueraria lobata)
6. Wild parsnip (Pastinaca sativa)
7. Serrated tussock (Nassella trichotoma)
8. Tansy ragwort (Senecio jacobeae)
9. Wolly cup grass (Eriochloa villosa (Thunb.) Kunth)
These proposed changes would support initiatives related to invasive alien species control, biodiversity, and the environment.

Public Consultation:

This proposal has been posted for a 33 day public review and comment period starting September 26, 2014. If you have any questions, or would like to submit your comments, please do so by October 29, 2014 to the individual listed under "Contact". Additionally, you may submit your comments on-line.
All comments received prior to October 29, 2014 will be considered as part of the decision-making process by the Ministry of Agriculture, Food and Rural Affairs if they are submitted in writing or electronically using the form provided in this notice and reference EBR Registry number 012-2634.
Please Note: All comments and submissions received will become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered by the decision maker for this proposal.

Contact:

All comments on this proposal must be directed to:

Mike Cowbrough
Weed Management Field Crops Program Lead
Ministry of Agriculture, Food and Rural Affairs
Economic Development Division
Agriculture Development Branch
Field Crops - University of Guelph Office
50 Stone Road East
Crop Science Building, University of Guelph
Guelph Ontario
N1G 2W1
Phone: (519) 824-4120 Ext. 52580

Giant Hogweed added to list of noxious weeds under Ontario's Weed Control Act

Environmental Bill of Rights Registry: Addition of Giant Hogweed (Heracleum mantegazzianum) to the list of noxious weeds under the Weed Control Act

Over the past two seasons, OMAFRA staff have seen an increase in reporting of giant hogweed in different areas across Ontario. Giant Hogweed has the potential to become invasive and overtake some habitats such as creek and ditch banks. The objective of the Weed Control Act is to minimize the impact of noxious weeds on agricultural land.

Until now, municipalities that were concerned about this weed negatively affecting agricultural land used the provisions in the Weed Control Act to enable them to enact a bylaw to designate Giant Hogweed a local weed within the municipality.

The addition of giant hogweed to the list of noxious weeds will eliminate the need for individual municipalities to go through the processes required to enact their own local weed bylaw under the Weed Control Act where it is negatively affecting agricultural lands.

However, a municipality might wish to still pass a bylaw to address the presence of Giant Hogweed in areas other than agricultural or horticultural land. Municipalities can enact bylaws under the Municipal Act to control plants in areas where there is a potential for negative impact to human safety.

Any person (e.g. landowners, municipalities, provincially owned land, conservation authorities, etc.) in possession of land where noxious weeds are present and negatively affecting agricultural lands, are responsible for controlling them and the cost associated with doing so. Any person wanting to use a pesticide to manage Giant Hogweed on their property can do so through the exception under the Cosmetic Pesticides Ban Act that allows the use of specific reduced risk pesticides to control plants that are poisonous to the touch.

Other Information:

The University of Guelph and OMAFRA are partners in a research project evaluating best management practices so as to provide guidance to municipalities.  OMAFRA is also engaged in various outreach and education activities to enhance the control of Giant Hogweed in Ontario.

For additional information on the Giant Hogweed, please consult Ontario Weeds: Ontario Weeds.

Other Public Consultation Opportunities:

The Ministry of Agriculture, Food and Rural Affairs is committed to open consultation on decisions that may have significant impact on the environment. OMAFRA and partner ministries will be developing a broader strategy for the management of giant hogweed. Public consultation will be part of the broader strategy for the management of giant hogweed.