ONFPPB 2007

The applicants filed a complaint regarding noise, light, and vibration disturbances caused by the respondents' early morning use of a diesel tractor to feed cattle.

The Normal Farm Practices Protection Board found that the operation of heavy farm machinery between 10:00 p.m. and 7:00 a.m. constituted a disturbance and was not a normal farm practice.

The Board ordered the respondents to restrict their use of heavy farm machinery for transporting cattle feed to hours outside this period, except for necessary snow removal.

The applicants applied to the Normal Farm Practices Protection Board complaining of noise disturbances from propane-fired noise cannons used by the respondents to protect their grape crops from birds.

The Board found that while the noise constituted a disturbance under the Farming and Food Production Protection Act, 1998, the respondents' use of the cannons was a normal farm practice.

The Board ordered specific operational restrictions, including limiting the hours of operation and the frequency of blasts, based on best practices evidence.

The applicants sought a determination under section 5 of the Farming and Food Production Protection Act, 1998 regarding noise from grain bin fans on the respondents' neighbouring farm.

The respondents had placed straw bales around the fans to mitigate the noise, which expert evidence showed significantly reduced sound levels.

The Board found that the applicants failed to meet the threshold test of being directly affected by a disturbance, as there was no unreasonable interference with the use and enjoyment of their land.

The application was dismissed.