ONTARIO NORMAL FARM PRACTICES PROTECTION BOARD
Kirkconnell v McConnell
1996 ONNFPPB 46
FILE: 95-02
STATUTE: Farm Practices Protection Act 1990
HEARING:
BETWEEN:
Brad N. Kirkconnell – Applicants
And
Mark McConnell, Calvin McConnell and Diamond Rose Poultry Farms Inc. - Respondents
O R D E R
WHEREAS Brad M. Kirkconnell applied to the Farm Practices Protection Board, pursuant to Section 5 of the Farm Practices Protection Act for the Board's consideration of Calvin McConnell and Mark McConnell's practice of manure storage, removal and ventilation of their poultry barns in their agricultural operation.
AND WHEREAS the Hearing commenced on the 19th day of January, 1996 with the evidence of the aggrieved parties being submitted, as well as evidence at the request of the Board, the agricultural operators presenting a limited amount of evidence in reply.
AND WHEREAS the parties to the Hearing indicated a willingness to enter into an order upon consent.
AND WHEREAS the Board has jurisdiction in this matter in that all parties to the Hearing have acknowledged that the current practice of removal of manure and dead birds from the premises is not a normal farm practice.
IT IS THE ORDER OF THE FARM PRACTICES PROTECTION BOARD ON THE CONSENT OF THE PARTIES THAT:
Each time a crop of birds is shipped from the premises located at Part Lot 16, Concession 6, Township of Kincardine, owned by the agricultural operator, Diamond Rose Poultry Farms Inc. and/or Mark McConnell, the operator shall clean the barn so that all dead stock is removed within 24 hours, during the months of May to October inclusive, the barn 'is to be cleaned out within two working days and during the months of November to April inclusive the barn is to be cleaned out within four working days.
The agricultural operator shall, in each year, in April, provide to Brad M. Kirkconnell or his successors in title to the land abutting the agricultural operation, a written schedule of crop in dates. In the event that there is a dramatic change in then scheduled arrival date of birds to the premises, the agricultural operator shall notify Brad M. Kirkconnell, of such change in advance.
Weather permitting and construction conditions permitting, the parties to this Order agree to construct, as soon as is possible, but no later than the 17th day of May, 1996, a 12 foot high fence/barrier clad in coloured steel to be built on the mutual property line of the parties.
The fence/barrier shall run from the front of the barn nearest the sideroad between Lots 15 and 16, Concession 7, Township of Kincardine, to the back or most easterly property limit of the property owned by the agricultural operator. The top of the fence/barrier shall be level with the barn and shall not follow the contour of the land. Each of the parties to this Order shall pay one-half of the costs of construction of this fence/barrier with the applicant, Brad M. Kirkconnell, taking the responsibility of contracting for the construction of the fence/barrier in a workmanlike manner.
It is ordered that future maintenance of this fence/barrier shall be evenly split between the agricultural operator and the applicant.
Any dispute as to the location of the fence/barrier on the property line shall be dealt with by the applicant and agricultural operator pursuant to the Line Fences Act.
The agricultural operator shall install hoods over the upper exhaust fans located on the southerly face of its poultry barn so that such hood extends two feet lower than the bottom of the fan.
This Order shall continue until August 19th, 1996. If neither of the parties request the reconvening of the hearing on forty-five days notice, such modification to the practices of the agricultural operator shall be deemed to be consistent with normal farm practice.
On or prior to August 19th, 1996 the parties.may further apply, on consent, to vary the Order or make it permanent.
There is no finding by the Farm Practices Protection Board that the ventilation system is or is not a normal farm practice.