ONFPPB 2000

The applicant campground owner complained about the respondents' use of a propane-fired cannon at night to frighten raccoons away from their sweet corn crop.

The applicant alleged the noise disturbed his campers.

The Normal Farm Practices Protection Board found that the applicant was directly affected by the noise.

However, relying on technical evidence regarding noise attenuation and the specific vulnerability of the crop, the Board concluded that the limited use of the cannon at night during the vulnerable period constituted a normal farm practice.

The application was dismissed.

The applicants brought a preliminary motion before the Normal Farm Practices Protection Board arguing that the Board was bound by a prior Superior Court decision which found the respondent mushroom farm was not operating in accordance with normal farm practices.

The Board dismissed the motion, finding that issue estoppel did not apply because the parties were not identical, and that stare decisis did not bind the specialized tribunal on matters within its core expertise.

The Board also declined to admit trial transcripts in lieu of oral evidence, emphasizing the need to hear witnesses directly, and clarified its interpretation of 'normal farm practice' regarding competing land uses.

The applicants sought a determination that their proposed swine farming enterprise was a normal farm practice and therefore exempt from a municipal interim control bylaw.

Before hearing evidence, the Board considered a newly issued Directive from the Minister of Agriculture, Food and Rural Affairs.

The Directive stated that an agricultural operation proposed in an area subject to an interim control bylaw is deemed not to be a normal farm practice until a bylaw providing for nutrient management planning, minimum distance separation, and manure storage is passed.

The Board found the Directive binding and dismissed the application.