Normal Farm Practices Protection Board 1 Stone Road West, 2^nd Floor Guelph, Ontario N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: NFPPB@ontario.ca

Commission de protection des pratiques agricoles normales 1 Stone Road West, 2^e étage Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Courriel: NFPPB@ontario.ca

NORMAL FARM PRACTICES PROTECTION BOARD

IN THE MATTER of the Farming and Food Production Protection Act, S.O. 1998, Ch. 1

AND IN THE MATTER OF an application to the Board, under Section 6 of the Farming and Food Production Protection Act, for a determination as to whether a municipal bylaw is restricting a normal farm practice.

Board File No.: 012Nafziger17: Nafziger Acres Inc., v County of Perth

BETWEEN

Nafziger Acres Inc.

Applicant

And

County of Perth

Respondent

Appearances:

Martha Cook, Counsel for the Applicant

Darrell Hawreliak, Counsel for the Respondent

Before:

Glenn C. Walker, Vice-Chair

Thomas Field, Member

Jane Sadler Richards, Member

REASONS FOR DECISION

A. INTRODUCTION

This application was scheduled for a hearing commencing on July 30, 2018. The Respondent had brought a motion, which was to be heard prior to the commencement of the hearing, to have the application dismissed or stayed. After hearing submissions, the parties agreed that the application should be withdrawn without prejudice on consent.

B. FACTUAL BACKGROUND

By application dated November 28, 2017, Nafziger Acres Inc. applied to the Board for relief from By-law Number 2927 of the County of Perth, being a By-law to prohibit or regulate the destruction or injuring of trees. Charges under this by-law were laid against the Applicant by the Respondent in the Provincial Offences Court. A hearing has been held but no decision yet rendered.

On November 3, 2016, the Respondent repealed By-law number 2927 and replaced it with By-law number 3557-2016. The parties have entered into an Agreement and Undertaking dated the 30^th day of July, 2018 as to the application of this by-law to certain lands of the applicant. The agreement contemplated that they would jointly request an adjournment or stay of these proceedings until there was a final determination of the charges under By-law Number 2927 in the Provincial Offences Court which is expected in September, 2018.

C. DECISION AND ORDER

It is in the best interests of the administration of justice and the parties that some finality be given to these proceedings. In order to achieve this end, the Board is prepared to accept the joint agreement of the parties to the withdrawal of this application on the following terms:

a) Withdrawal of the application is without prejudice to the Applicant bringing another application to the Board based on the same fact situation and by-law as this application;

b) Withdrawal of the application is without prejudice to the Applicant requesting that a court of competent jurisdiction refer the issue of normal farm practice based on the same fact situation and by-law as this application to the Board pursuant to subsection 2(1.2) of the Farming and Food Production Protection Act, 1998;

c) In the event of a new application or referral, the conflict resolution process shall be waived and a Pre-Hearing Conference shall be held by telephone conference in order to expedite the process.

DATED: August 13, 2018