Carl St Pierre

The applicants, neighbouring farmers, complained of severe odours emanating from the respondent's two newly constructed segregated early weaning swine barns and manure pit.

The Normal Farm Practices Protection Board found that the applicants were aggrieved by the odour, which constituted a disturbance.

The Board determined that the respondent's operation was not a normal farm practice because the barns were not located in accordance with the Minimum Distance Separation (MDS II) guidelines of the Agricultural Code of Practice, which was the accepted standard in the region.

The Board ordered the respondent to install 60-foot exhaust stacks to disperse the odour and bring the operation into compliance with normal farm practices.

The applicants, neighbouring farmers, complained of severe odours emanating from the respondent's two segregated early weaning swine barns and manure pit.

The Board found that the applicants were aggrieved by the odours, which constituted a disturbance.

In determining whether the operation was a normal farm practice, the Board considered municipal by-laws and provincial minimum distance separation (MDS) guidelines.

The Board concluded that the respondent's barns were not located in accordance with MDS guidelines and that the township had erred in not requiring Certificates of Compliance.

The Board held that the respondent's operation was not a normal farm practice due to its location and ordered the respondent to install exhaust stacks to disperse the odour.