Normal Farm Practices Protection Board
Commission de protection des pratiques agricoles normales
1 Stone Road West Guelph, Ontario N1G 4Y2 Tel: (519) 826-3433 Fax: (519) 826-4232 Email: NFPPB@ontario.ca
1 Stone Road West Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433 Téléc.: (519) 826-4232 Courriel: NFPPB@ontario.ca
(Board Decision)
2026 ONNFPPB 01
DATE OF DECISION: February 27, 2026
STATUTE: Farming and Food Production Protection Act, 1998
HEARING: February 24 and 25, 2026 by Zoom
IN THE MATTER OF the Farming and Food Production Protection Act, 1998.
AND IN THE MATTER OF an application to the Normal Farm Practices Protection Board (“Board”) under Section 5 of the Farming and Food Production Protection Act, 1998 (“Act”) for a determination as to whether disturbances are a result of normal farm practices.
AND IN THE MATTER OF an electronic hearing held pursuant to Rule 7 of the Board’s Rules of Practice and Procedure.
BETWEEN:
Timothy Hennig and Karen Koabel Applicants
– AND –
Funk Farms Ltd. Respondent
Represented by Alex Ciccone
Represented by Patrick Maloney
Heard: February 24 and 25, 2026 by Zoom
Before:
Glenn C. Walker, Chair Betty Ann MacKinnon, Member John Lohuis, Member
Parties Present: Alex Ciccone, Counsel to the Applicants Timothy Hennig, Applicant Karen Koabel, Applicant Patrick Maloney, Counsel to the Respondent Evan Alderman, Counsel to the Respondent Derek Funk for Funk Farms Ltd.
BOARD DECISION
The use of Propane Cannons in a manner consistent with the OMAFA Fact Sheet, “Using Propane-Fired Cannons for Bird Control in Vineyards” (“Guidelines”) is considered by the Board to be a Normal Farm Practice in the circumstances of this case as modified by the Board pursuant to its authority in Subsection 5(4)(c) of the Act.
For the purpose of resolving this matter, the Respondent has voluntarily agreed to the modifications to the Guidelines set out in Schedule “A” regarding its use of propane cannons for those lands described as the Funk Farm Vineyard immediately east of 2944 Twenty-First Street, Jordan (bounded by Twenty-First Street to the west, Spring Creek Road to the south and a point that is 351 meters from Spring Creek Road to the north (hereinafter described as the “Funk Farm Vineyard”) as set out in Schedule “A”.
ORDER
- On consent, the Respondent is ordered to modify its practice of using propane cannons for bird deterrence with respect to the lands described herein as the Funk Farm Vineyard in accordance with Schedule “A”.
Schedule “A”
Funk Farms Ltd. has agreed to the following voluntary restrictions on the use of propane cannons for the Funk Farm Vineyard as follows:
For the first 23 rows in the Funk Farm Vineyard (row 1 being nearest to Twenty-First Street, Jordan), comprising approximately 5 acres with dimensions of approximately 351m x 59m:
a. No propane cannons shall be located in rows 0-5 (approximately 157m from the house located on 2944 Twenty-First Street, Jordan);
b. All cannons in this area will be set to A-Quiet;
c. No cannons will point West;
d. Cannons will not rotate 360 degrees;
e. Cannons will never be located closer than 100m to each other;
f. Either two (2) or three (3) cannons will be used on this area depending on configuration and bird pressure, as determined by Funk Farms Ltd.;
g. If two (2) propane cannons are used, they will be either: i. Two at F2 setting ii. Two at F3 setting, or iii. One at F2 setting and one at F3 setting
h. If three (3) propane cannons are used, they will all be set at F3 setting
For rows 24-46 in the Funk Farm Vineyard, comprising approximately 5 acres with dimensions of approximately 351m x 59m:
a. No propane cannon will be set to B-Loud
b. Propane cannons will be set to F2 setting or F3 setting
c. Propane cannons may be set to 360 rotation.
Dated at Chatham, this 27th day of February, 2026.
Released: February 27, 2026
This document is also available in French. Please contact the Board at 519-826-3433 or by email at AFRAAT@ontario.ca to request a copy in French.
Ce document est également disponible en français. Veuillez contacter le board au 519 826-3433 ou par courriel à AFRAAT@ontario.ca pour demander une copie en français.