ONFPPB 1995

The applicants, neighbouring property owners, brought an application under the Farm Practices Protection Act complaining about the respondents' practice of burning horse manure on their hobby farm.

The respondents argued that burning was necessary to keep their barns clean for handicapped visitors and that it was a common practice.

The Normal Farm Practices Protection Board found that it had jurisdiction to determine what constitutes a normal farm practice, even if the practice potentially violated the Environmental Protection Act.

Relying on evidence from local farmers and an agricultural engineer, the Board concluded that burning manure is not a normal farm practice and ordered the respondents to cease the practice, recommending alternative disposal methods such as composting or spreading.

The applicants brought an application before the Normal Farm Practices Protection Board regarding the respondents' manure storage and removal practices.

Following the commencement of a hearing and the submission of evidence, the parties agreed to a consent order.

The Board ordered the respondents to adopt a dry technique for manure removal, repair leaking water bowls, and ensure immediate off-farm disposal of manure.

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.