ONFPPB 1998

The applicant brought a complaint regarding odours emanating from an incinerator used by the respondents to dispose of dead hens on their poultry farm.

After hearing evidence, the parties negotiated a consent agreement.

The Board concluded that the respondents' former practices for operating the incinerator were not normal farm practices.

The Board ordered the respondents to modify their practices in accordance with the consent agreement, including using a freezer for daily storage, limiting incineration to a maximum of three times per month, and prohibiting incineration when the wind blows from west to east.

The applicants, neighbouring property owners, brought a noise complaint against the respondent beef farmer regarding the constant and loud ringing of cowbells used on his herd.

The respondent argued the bells were necessary for herd monitoring and predator control.

The Board accepted expert evidence that using cowbells for herd monitoring is a normal farming practice, but noted their effectiveness for predator control is limited.

The Board ordered the respondent to limit the number of cowbells based on herd size and to corral the livestock inside the closed paddock at night.

The applicants, who operate a swine farm, challenged portions of a municipal bylaw that restricted intensive livestock operations by capping facility size at 500 livestock units, requiring 1 tillable acre per 1.5 livestock units, and mandating that 66% of the required land base be owned by the livestock operator.

The Normal Farm Practices Protection Board found that the applicants' proposal to house 750 livestock units on one site and to manage manure through a Nutrient Management Plan (NMP) constituted normal farm practices.

The Board concluded that the bylaw's absolute cap on livestock units, its arbitrary acreage ratio, and its strict ownership requirement restricted normal farm practices in contravention of the Farming and Food Production Protection Act.