The applicants, who operate a beef cattle farm, applied to the Normal Farm Practices Protection Board for a determination that their use of tire fences constitutes a "normal farm practice" under the Farming and Food Production Protection Act, 1998.
This determination would exempt them from municipal bylaws prohibiting tire fences and classifying used tires as waste.
The Board found that the applicants qualified as farmers under the Act.
However, applying the factors under section 6(15), the Board concluded that the tire fences were not a normal farm practice.
The Board accepted expert evidence that the tires create stagnant water serving as a breeding ground for mosquitoes capable of carrying the West Nile Virus, and evidence from the Fire Chief regarding fire safety concerns.
The Board held that these health and safety concerns outweighed the agricultural benefits of the tire fences.
