William Graham

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.

The applicant, who resides adjacent to the respondent's dairy farm, applied to the Normal Farm Practices Protection Board complaining of odours and flies emanating from a barnyard paddock used for pasturing and feeding cattle.

The Board found that while the applicant was directly affected by some odour and flies, the respondent's farm operations were consistent with normal farm practices for a dairy farm in a rural area.

The Board accepted evidence from neighbours that the odours and flies were not significant and noted that garbage on the applicant's own property likely contributed to the issue.

The application was dismissed.

The applicant, a neighbouring property owner, brought an application under the Farm Practices Protection Act complaining of dust and noise from the respondent's grain handling and storage operation.

The Board found that while the noise level was reasonable, the quantity and type of dust emitted, specifically 'red dog', constituted an unacceptable nuisance.

The Board determined that several of the respondent's practices, including the lack of a containment area for dust and the failure to use flexible sleeves on augers and downspouts, did not represent normal farm practices given the unusually close proximity of the operation to the applicant's residence.

The Board ordered the respondent to undertake remedial work to reduce dust emissions.