Farm Practices Protection Act
Living near a farm can be
inconvenient – noise and smells are expected.
Sometimes the problems are a bit more serious – pollution, health
hazards. However, the B.C. government protects
farmers from potential lawsuits through the Farm Practices Protection Act. The Act is administered by the Minister of Agriculture and Fisheries.
If
a farmer is engaged in a ‘normal farm practice’ in the ALR or land zoned for
farming, or holds a valid aquaculture licence, the Farm Practices Protection
(Right to Farm) Act protects that farmer from:
To be eligible for
protection, a farmer must also be in compliance with the Health
Act, Pesticide Control Act, Waste
Management Act, the regulations under those Acts, and any land use
regulation.
A ‘normal farm practice’ is
an activity ‘that is conducted by a farm business in a manner consistent
with proper and accepted customs and standards as established and followed by
similar farm businesses under similar circumstances.’
Any person ‘aggrieved’ by an
odour, noise, dust or other disturbance resulting from a farm operation may
apply in writing to the Farm Practices Board who, by hearing, will determine
whether the disturbance results from a normal farm practice. The Farm Practices Board can also order the
farmer to stop a practice that is not normal, and once the Board rules that a
practice is not normal, landowners can sue the farmer in nuisance.
The Farm Practices Board
process is not primarily concerned with environmental issues, although they may
take them into account. The Board’s
process is often time consuming and it is unclear how enforceable its orders
are. If the Board rules that a farm
practice is not normal, then the common law rules and local government bylaws
dealing with nuisance can be used. The
Board may be a useful tool for the watershed protection advocate in the right
case.
Companion legislation in the
Local Government Act, requires a local
government wishing to regulate or prohibit farm operations to first seek
approval from the Minister authorizes Ministry of Agriculture and Fisheries—if
Cabinet by regulation has applied this law to the area in question. As of Feburary 2003, this law applies only
to the Township of Langley, City of Abbotsford, Corporation of Delta, and the
City of Kelowna (see Right
to Farm Regulation).
Related Guide Pages:
·
Agriculture
For more information on the Farm Practices Protection
(Right to Farm) Act:
·
Electronic copy of the Farm Practices
Protection Act and Right
to Farm Regulation
·
Farm Practices
in BC Reference Guide
·
Farm
Practices Board website.
·
Ministry
of Agriculture and Fisheries Factsheet: Environmental Legislation Affecting
Agriculture
