Andy Millar

The applicants, neighbouring residents, applied to the Normal Farm Practices Protection Board complaining of disturbances (noise, dust, vibration, and safety concerns) resulting from the respondents' greenhouse and nursery operation, specifically the heavy truck traffic on a shared right-of-way and the warehousing of off-site products.

The Board found that the applicants were directly affected by some disturbances.

However, applying the test for a normal farm practice, the Board concluded that the respondents' use of the right-of-way and their warehousing activities were consistent with proper and acceptable customs and standards for similar agricultural operations.

The application was dismissed.

The applicants applied to the Normal Farm Practices Protection Board regarding a noise disturbance caused by the respondents' use of a propane-fired cannon ("bird banger") to protect their horticultural crops from deer.

The cannon was operated intermittently between 8:30 p.m. and 7:30 a.m.

The Board found that the applicants were directly affected by the noise disturbance, which deprived them of sleep and the normal use of their home.

The Board determined that operating the cannon between sundown and sunup is not a normal farm practice, as it violates Ministry of the Environment guidelines and is not a standard practice among similar agricultural operations.

The respondents were ordered to cease operating the cannon at night, though daytime operation within Ministry sound limits was deemed a normal farm practice.