ONFPPB 2005

The applicants sought relief under the Farming and Food Production Protection Act, 1998, alleging that odour and noise from the respondents' new broiler chicken operation constituted a disturbance.

The Board applied the common-law test for nuisance to determine if the applicants were 'directly affected' by the disturbance.

Finding that the noise and odour did not constitute a substantial or unreasonable interference with the applicants' use and enjoyment of their land, the Board concluded it lacked jurisdiction and dismissed the application.

The applicants, who operate a cow-calf farm, applied to the Normal Farm Practices Protection Board for a determination that their practice of burning slash (leftover wood from land clearing) without a municipal permit is a 'normal farm practice' exempt from the local burning bylaw.

The Board found that while farmers historically have not applied for burn permits, the safety concerns and provincial interests reflected in the Forest Fire Prevention Act and the municipal bylaw outweigh the inconvenience to farmers.

The Board ruled that the burning of slash will only be considered a normal farm practice if the applicants comply with the provincial Outdoor Fires Regulation and the municipal bylaw, or alternatively, if they file an annual Agricultural Burn Planning Checklist, obtain approval from the Chief Fire Official, and permit reasonable inspections.