ONFPPB 2019

The applicant applied to the Normal Farm Practices Protection Board regarding noise, odour, and fly disturbances from the respondents' property.

A preliminary hearing was held to determine if the respondents' property qualified as an 'agricultural operation' under the Farming and Food Production Protection Act, 1998.

The Board found that the respondents' activities, which included renting land, growing hay for their own horses, and operating a therapeutic horse program, lacked an expectation of gain or reward.

Consequently, the Board concluded the property was a hobby farm, not an agricultural operation, and dismissed the application for lack of jurisdiction.

Following a 20-day hearing where the Applicants successfully obtained a determination under the Farming and Food Production Protection Act, both parties applied for costs.

The Applicants claimed over $1.2 million, alleging the Respondent acted in bad faith, including failing to disclose the sale of the digester operation.

The Respondent claimed up to $44,880, alleging the Applicants engaged in unreasonable conduct and caused unnecessary delays.

The Board found that while the Respondent acted in bad faith by failing to disclose the sale, the Applicants' counsel also acted unreasonably by showing a lack of respect, failing to comply with directions, and prolonging the hearing.

Concluding that neither party came with clean hands, the Board exercised its discretion to award no costs to either party.

The applicant sought a determination that municipal by-laws restricted its proposed normal farm practices for cannabis cultivation.

A preliminary hearing was held to determine whether the Board's home statute, the Farming and Food Production Protection Act, 1998, was repugnant to the federal Cannabis Act under the doctrine of federal paramountcy.

The Board held that it could not apply the paramountcy test until a full hearing determined the specific farm practices at issue.

The jurisdiction issue was deferred to a full hearing.

The applicant, a turkey processing plant, sought a determination under the Farming and Food Production Protection Act, 1998 that certain municipal by-laws restricted its normal farm practices.

The Board found that the applicant's activities, including truck movement, outdoor employee activity, and outdoor storage of by-products, constituted normal farm practices.

The Board ordered that the municipality's Property Standards, Yard Maintenance, and Zoning By-laws shall not apply to restrict these practices.

The Board also ordered that the Noise By-law shall not apply, provided the applicant constructs a noise attenuation barrier to mitigate noise impacts on the adjacent residential property.