The applicant farmer sought a determination under section 6 of the Farming and Food Production Protection Act that his practice of using a drag hose system to spread manure across a county road via a temporary pipeline was a normal farm practice, thereby exempting him from a municipal encroachment by-law.
The respondent municipality brought a motion challenging the Board's jurisdiction to restrict the application of a by-law affecting property owned by a third party (the municipality itself).
The Board held that the Act is intended to address operations on agricultural lands, and specific statutory wording is required to interfere with property rights on non-agricultural lands such as municipal roads.
The Board concluded it lacked jurisdiction and dismissed the application.
