Farming and Food Production Protection Act, 1998

Bills that amended this Act0

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Sections27

• 1Definitions

  1 (1) In this Act, “agricultural machinery and equipment” includes irrigation pumps, crop conditioning and drying equipment, refrigeration units and crop protection equipment; (“machines et matériel agricoles”) “agricultural operation” means an agricultural, aquacultural, horticultural or silvicultural operation that is carried on in the expectation of gain or reward; (“exploitation agricole”) “Board” means the Normal Farm Practices Protection Board; (“Commission”) “disturbance” means odour, dust, flies, light, smoke, noise and vibration; (“perturbation”) “farmer” means the owner or operator of an agricultural operation; (“agriculteur”) “Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”) “normal farm practice” means a practice that, (a) is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by simila…

• 1.
• 2When farmer not liable

  2 (1) A farmer is not liable in nuisance to any person for a disturbance resulting from an agricultural operation carried on as a normal farm practice. 1998, c. 1, s. 2 (1). Not a normal farm practice (1.1) A practice that is inconsistent with a regulation made under the Nutrient Management Act, 2002 is not a normal farm practice. 2002, c. 4, s. 63 (1). Reference to Board (1.2) A judge who is required to make a determination as to whether a farm practice is a normal farm practice may refer the matter to the Board for a hearing and require the Board to report to the judge. 2002, c. 4, s. 63 (1). Injunctions (2) No court shall issue an injunction or other order that prohibits a farmer from carrying on the agricultural operation because it causes or creates a disturbance. 1998, c. 1, s. 2 (2). Exceptions to subss. (1) and (2) (3) Subsections (1) and (2) do not apply to preclude an injunctio…

• 2.
• 3Board continued

  3 (1) The Farm Practices Protection Board, consisting of not less than five members appointed by the Minister, is continued under the name Normal Farm Practices Protection Board in English and Commission de protection des pratiques agricoles normales in French. 1998, c. 1, s. 3 (1). Chair, vice-chairs (2) The Minister may designate one of the members of the Board as chair and may designate one or more vice-chairs from among the remaining members. 2017, c. 20, Sched. 1, s. 1 (1). Supervision, chair (3) The chair of the Board is responsible for the general supervision and direction of the conduct of the affairs of the Board. 1998, c. 1, s. 3 (3). Supervision, vice-chair (4) If the chair is absent or unable to act, one of the vice-chairs may exercise the powers of the chair. 1998, c. 1, s. 3 (4); 2017, c. 20, Sched. 1, s. 1 (2). (5), (6) Repealed: 2006, c. 34, s. 32. Remuneration (7) Those …

• 3.
• 4Powers, duties of Board

  4 (1) The Board may exercise such powers and shall perform such duties as are conferred or imposed upon it by this Act. 1998, c. 1, s. 4 (1). Dispute resolution (2) The Board has the power, (a) to inquire into and resolve a dispute respecting an agricultural operation and to determine what constitutes a normal farm practice; and (b) to make the necessary inquiries and orders to ensure compliance with its decisions. 1998, c. 1, s. 4 (2). Providing information (3) The Board shall provide the Minister with any information requested by the Minister about the policies, procedures and operations of the Board. 1998, c. 1, s. 4 (3). Studies (4) If so ordered by the Minister, the Board shall conduct the study of any matter related to farm practices and report its findings and recommendations to the Minister. 1998, c. 1, s. 4 (4).

• 4.
• 5Applications, re disturbances

  5 (1) A person directly affected by a disturbance from an agricultural operation may apply to the Board, in a form acceptable to it, for a determination as to whether the disturbance results from a normal farm practice. 1998, c. 1, s. 5 (1). Application (2) Every application shall state, (a) the nature of the complaint; (b) the name and address of the applicant; and (c) the name of the person carrying on the agricultural operation and the location of the operation. 1998, c. 1, s. 5 (2). Hearing (3) Subject to section 8, the Board shall hold a hearing in respect of each application. 1998, c. 1, s. 5 (3). Action by Board (4) After a hearing, the Board shall, (a) dismiss the application if the Board is of the opinion that the disturbance results from a normal farm practice; (b) order the farmer to cease the practice causing the disturbance if it is not a normal farm practice; or (c) order t…

• 5.
• 6Normal farm practice preserved

  6 (1) No municipal by-law applies to restrict a normal farm practice carried on as part of an agricultural operation. 1998, c. 1, s. 6 (1). Dispute resolution (2) A person described in subsection (3) or a municipality may apply to the Board, in a form acceptable to it, for a determination as to whether a practice is a normal farm practice for purposes of the non-application of a municipal by-law. 1998, c. 1, s. 6 (2). Applications (3) An application may be made by, (a) farmers who are directly affected by a municipal by-law that may have the effect of restricting a normal farm practice in connection with an agricultural operation; and (b) persons who want to engage in a normal farm practice as part of an agricultural operation on land in the municipality and have demonstrable plans for it. 1998, c. 1, s. 6 (3). Application (4) Every application must, (a) contain a copy of the by-law in q…

• 6.
• 6.1Limitation on power of Board

  6.1 Despite any provision in section 4, 5 or 6 that gives the Board the power to determine whether a farm practice is a normal farm practice, the Board shall determine that a farm practice is a normal farm practice for the purposes of this Act if the practice is consistent with a regulation made under the Nutrient Management Act, 2002. 2002, c. 4, s. 63 (2). Section Amendments with date in force (d/m/y) 2002, c. 4, s. 63 (2) - 01/07/2003

• 7By-laws and vehicles

  7 (1) A municipal by-law that has the effect of restricting the times during which a vehicle may travel does not apply to the vehicle if, (a) the vehicle is going to or from an agricultural operation; (b) the purpose for which the vehicle is going to or from an agricultural operation and the times during which the vehicle is arriving at or leaving the operation are part of normal farm practice; and (c) there is no road that could serve as a reasonable alternative that the vehicle may use to travel to or from the agricultural operation. 1998, c. 1, s. 7 (1). Dispute resolution (2) A municipality or any person with a direct interest in the result of the application may apply to the Board, in a form acceptable to the Board, for a determination as to whether the conditions set out in subsection (1) are met in any particular case. 1998, c. 1, s. 7 (2). Application (3) Every application must, …

• 7.
• 8Refusal to hear

  8 (1) The Board may refuse to hear an application under section 5, 6 or 7 or, after a hearing has commenced, refuse to continue the hearing or to make a decision if in its opinion, (a) the subject-matter of the application is trivial; (b) the application is frivolous or vexatious; (c) the application was not made in good faith; or (d) the applicant has not a sufficient personal interest in the subject-matter of the application. 1998, c. 1, s. 8 (1). Appeal (2) Any party to a hearing under this Act may appeal an order or a decision of the Board on any question of fact, law or jurisdiction to the Divisional Court within 30 days of the making of the order or decision. 1998, c. 1, s. 8 (2). Technical help (3) The Board may appoint one or more persons having technical or special knowledge of any matter before the Board to assist it in any capacity in respect of that matter. 1998, c. 1, s. 8 (…

• 8.
• 9Guidelines, etc.

  9 (1) The Minister may issue directives, guidelines or policy statements in relation to agricultural operations or normal farm practices and the Board’s decisions under this Act must be consistent with these directives, guidelines or policy statements. 1998, c. 1, s. 9 (1). Adoption by reference (2) For the purposes of subsection (1), the Minister may adopt, in whole or in part, directives, guidelines or policy statements issued under other Acts or by another ministry. 1998, c. 1, s. 9 (2). Other considerations (3) Despite subsections (1) and (2), the Board is not precluded from considering any directives, guidelines and policy statements issued by the Government of Ontario that the Board considers relevant to any matter before it. 1998, c. 1, s. 9 (3).

• 9.
• 10Regulations

  10 The Minister may make regulations, (a) prescribing, for the purpose of the definition of “agricultural operation”, (i) additional animals, birds or fish, (ii) additional agricultural crops, (iii) other agricultural activity conducted on, in or over agricultural land, and (iv) limits, expansions or clarifications of activities described within the definition; (b) providing for the use of forms; (c) prescribing fees payable in respect of an application made under this Act and authorizing refunds. 1998, c. 1, s. 10.

• 10.
• 11

  11 Omitted (amends or repeals other Acts). 1998, c. 1, s. 11.

• 11.
• 12

  12 Omitted (provides for coming into force of provisions of this Act). 1998, c. 1, s. 12.

• 12.
• 13

  13 Omitted (enacts short title of this Act). 1998, c. 1, s. 13. ______________

• 13.