Dr. Jim Willwerth

The applicants complained of noise disturbances from farm animals and a propane bird cannon on the respondents' neighbouring blueberry farm.

The Normal Farm Practices Protection Board found that the farm animals constituted a petting zoo, not an agricultural operation, and thus the Board lacked jurisdiction over that complaint.

Regarding the bird cannon, the Board found it was part of an agricultural operation and that the applicants were directly affected by the noise.

The Board concluded that the use of the cannon is a normal farm practice, provided the respondents modify their practice to comply with specific conditions, including volume controls, frequency limits, and a 150-metre setback, to account for the site's unique topography.