A-1 - Bees Act

Full text
chapter A-1
Bees Act
BEES ACTNovember 15 2000November 15 2000
Repealed, 2000, c. 40, s. 43.
2000, c. 40, s. 43.
1. The Minister of Agriculture, Fisheries and Food shall have charge of the carrying out of this Act.
R. S. 1964, c. 128, s. 1; 1973, c. 22, s. 22; 1979, c. 77, s. 21.
2. (Repealed).
R. S. 1964, c. 128, s. 2; 1990, c. 4, s. 13.
DIVISION I
PREVENTION AND TREATMENT OF CONTAGIOUS DISEASES IN BEES
3. The Minister of Agriculture, Fisheries and Food may, if he believes, on reasonable grounds, that a contagious disease infects certain apiaries, appoint an inspector to enter the apiaries at any reasonable time and inspect them.
The inspector shall, on request, identify himself and produce a certificate of his capacity signed by the Minister.
R. S. 1964, c. 128, s. 3; 1973, c. 22, s. 22; 1979, c. 77, s. 21; 1986, c. 95, s. 1.
4. He may, in addition, for the purpose of such inspection, oblige any person keeping bees in box hives to move them into hives with moveable frames.
R. S. 1964, c. 128, s. 4.
5. The inspector, when required to do so by the Minister of Agriculture, Fisheries and Food, shall forthwith visit every apiary indicated to him, and shall report to the Minister as to the sanitary condition thereof, in such manner and form as may be prescribed.
R. S. 1964, c. 128, s. 5; 1973, c. 22, s. 22; 1979, c. 77, s. 21.
6. Whenever any contagious disease has been discovered in an apiary, the Minister of Agriculture, Fisheries and Food shall cause the necessary measures to be taken to subject the bees in such apiary to appropriate treatment, and, if he deem it necessary, he may order the bees affected, the hives occupied by them and all accessories thereof which cannot be effectually disinfected, to be destroyed in presence of the inspector.
R. S. 1964, c. 128, s. 6; 1973, c. 22, s. 22; 1979, c. 77, s. 21.
7. Upon the failure of the owner or possessor of an apiary infected by a contagious disease to obey the orders which he receives for the treatment of sick bees, the Minister of Agriculture, Fisheries and Food may order the destruction of the hives and of the bees and of all accessories thereof which cannot be effectually disinfected.
R. S. 1964, c. 128, s. 7; 1973, c. 22, s. 22; 1979, c. 77, s. 21.
7.1. The owner or possessor of an apiary to whom an order made under section 6 or 7 is notified without prior notice because, in the Minister’s opinion, urgent action is required or there is a danger of irreparable damage being caused, may, within the time specified in the order, present observations to the Minister so that the order may be reviewed.
1997, c. 43, s. 1.
8. (1)  When the destruction of hives, bees or accessories be deemed necessary by the Minister of Agriculture, Fisheries and Food, he shall indemnify the owner or possessor thereof, or both, as the case may be, upon an equitable basis, which shall be left to his discretion.
(2)  Nevertheless, in the case of section 7, the owner or possessor of the hives, bees or accessories shall be entitled to no indemnity.
R. S. 1964, c. 128, s. 8; 1973, c. 22, s. 22; 1979, c. 77, s. 21.
9. It is forbidden to import into Québec any bees, or any accessory for bee-keeping which has already been made use of, unless the shipment be accompanied by a certificate from the head apiarist or other competent officer of the province or state of origin to the effect that such bees are free from disease, and that such accessory is not infected. The Minister of Agriculture, Fisheries and Food may, however, authorize such importation, but for scientific purposes only.
R. S. 1964, c. 128, s. 9; 1973, c. 22, s. 22; 1979, c. 77, s. 21.
10. It is forbidden to sell or exchange female bees, commonly called queen-bees, from an apiary situated within Québec, without having previously obtained a certificate stating that such apiary is healthy and free from any contagious disease. Such certificate shall be issued free of charge by the Minister of Agriculture, Fisheries and Food or by an officer of his Department designated by him, on such conditions as the Minister may impose and for such time as may be fixed in the said certificate. The latter shall be revocable at any time by the Minister, for any cause deemed sufficient by him, by means of a written notice sent to the holder of the said certificate. Such notice may be given by the officer selected by the Minister.
R. S. 1964, c. 128, s. 10; 1973, c. 22, s. 22; 1979, c. 77, s. 21.
11. Every owner or possessor of hives, bees or accessories who knowingly transfers the ownership of, or transports from one property to another, any infected hives, bees or accessories, and every person who exposes to the open air any infected frames, honeycombs or objects whatsoever, or who conceals the existence of any contagious disease or diseases with which his bees may be infected, or who prevents the inspector from performing his duties, or who infringes any of the provisions of this Division, shall be liable to a fine of not more than $50 for the first offence and of not more than $75 for every subsequent offence.
R. S. 1964, c. 128, s. 11; 1990, c. 4, s. 14; 1999, c. 40, s. 1.
12. (Repealed).
R. S. 1964, c. 128, s. 12; 1990, c. 4, s. 15.
13. The reports of the inspector shall be registered in the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation.
R. S. 1964, c. 128, s. 13; 1973, c. 22, s. 22; 1977, c. 5, s. 14; 1979, c. 77, s. 21; 1987, c. 68, s. 1.
14. The Government, on the recommendation of the Minister, may make regulations on any matter arising out of this Division, especially with respect to the transportation or the transfer of ownership of bees or apicultural material; and it may limit the application of such regulations to one or more districts, the boundaries of which it determines. Such regulations shall have force of law as if they were an integral part of this Division from and after their publication in the Gazette officielle du Québec.
R. S. 1964, c. 128, s. 14; 1999, c. 40, s. 1.
DIVISION II
THE PROTECTION OF BEES
15. No person shall spray a fruit tree or fruit trees by sprinkler or otherwise, or dust, using any mixture containing any compound of arsenic or any other poison hurtful to bees, during the time such fruit tree or trees shall be in bloom.
R. S. 1964, c. 128, s. 15.
16. Every person who contravenes any provision of section 15 is guilty of an offence and is liable to a fine of $10 to $100 for the first offence, and to a fine of $20 to $200 for any subsequent offence.
R. S. 1964, c. 128, s. 16; 1990, c. 4, s. 16.
DIVISION III
PROTECTION AGAINST BEES
17. No hive containing a swarm of bees shall be left upon any land unless it be 15 m from the nearest public road or dwelling.
This section shall not apply when the land upon which the hive is left is fenced on the side nearest to the dwelling or public road, as the case may be, by a fence without openings, at least 2,5 m high and extending at least 4,5 m beyond each end of the apiary.
R. S. 1964, c. 128, s. 17; 1984, c. 47, s. 213; 1996, c. 2, s. 1.
18. Every person put in default by a ratepayer or by an officer of the council, as the case may be, to comply with the law, who does not comply therewith within fifteen days, shall be liable to a fine of not less than $1 nor more than $4, with or without costs, for each day he refuses or neglects to comply with the law.
R. S. 1964, c. 128, s. 18.
DIVISION IV
This Division ceased to have effect on 17 April 1987.
19. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 128 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter A-1 of the Revised Statutes.