Normal Farm Practices Protection Board

The applicant greenhouse operator brought an application alleging that a municipal by-law restricting greenhouse lighting interfered with normal farm practices.

Before the hearing, the respondent municipality repealed the challenged by-law and replaced it with a new one.

The municipality brought a motion under section 8(1) of the Farming and Food Production Protection Act, 1998 to dismiss the application as frivolous because the underlying by-law no longer existed.

The Board granted the motion, finding the issues moot, and refused to hear the application, without prejudice to the applicant bringing a new application regarding the replacement by-law.

The applicant sought a determination that a municipal by-law restricted a normal farm practice for a proposed 32-unit residential building with a greenhouse.

The municipality challenged the Board's jurisdiction.

The Board found that the applicant, a non-profit entity, would not be carrying on an agricultural operation with an expectation of gain or reward.

Furthermore, applying Oakville (Town) v. Read, the Board held it lacked jurisdiction to grant relief from the land use provisions of a zoning by-law to permit a high-density residential use in an agricultural zone.

The application was dismissed.

The Normal Farm Practices Protection Board issued a procedural order setting out the rules and requirements for an upcoming video conference hearing via Zoom.

The order details the obligations of the parties regarding witness participation, document disclosure, and technical requirements for the electronic hearing.

The Board issued a procedural order setting the schedule for the applicant's motion to substitute Bricktown Co-operative Development Corporation as the applicant in place of The Discovery House Project.

The motion will be heard prior to the re-commencement of the jurisdiction hearing.

The Normal Farm Practices Protection Board issued a procedural order setting out the rules and requirements for an upcoming electronic hearing via Zoom.

The order details the obligations of the parties regarding witness participation, document disclosure, and technical requirements for the video conference.

The applicant brought an application under the Farming and Food Production Protection Act, 1998, alleging disturbances of noise and odour from the respondents' agricultural operation, which involved raising miniature goats and chickens on an adjacent property.

The Board found that the applicant was directly affected by the disturbances, which constituted an unreasonable and substantial interference with the use of her property.

The Board determined that the respondents' practice of housing livestock in multiple small sheds to avoid building permit requirements and Minimum Distance Separation II (MDS II) setbacks was not a normal farm practice.

The Board ordered the respondents to move the sheds to comply with the MDS II setback of 84 meters or cease using them to house livestock.

The applicants sought $125,000 in costs following a successful application under the Farming and Food Production Protection Act, alleging the respondent municipality engaged in unreasonable conduct by shifting its position, failing to present evidence, and maligning character.

The Normal Farm Practices Protection Board dismissed the applicants' costs request, finding the municipality's conduct was not unreasonable.

The Board awarded the municipality $1,000 in costs for having to respond to the applicants' substantially meritless costs request.

The Board issued a procedural order adding the Ontario Greenhouse Vegetable Growers as a Third Party to the application.

Pursuant to subsection 9.1(1)(b) of the Statutory Powers Procedure Act, the Board also ordered that the application be heard at the same time as nine other related applications brought by various greenhouse farms against the Municipality of Leamington.

The Normal Farm Practices Protection Board issued a procedural order on consent adding the Ontario Greenhouse Vegetable Growers as a Third Party.

The Board also ordered that the applicant's case be heard at the same time as eight other related applications against the Municipality of Leamington, and set out a schedule for the hearing, disclosure, and procedural planning.

The Normal Farm Practices Protection Board issued a procedural order on consent adding the Ontario Greenhouse Vegetable Growers as a Third Party to the application.

The Board also ordered that the application be heard at the same time as eight other related applications challenging a municipal by-law of the Municipality of Leamington, and set out a schedule for the joint hearing, disclosure, and procedural planning.

A pre-hearing conference was held regarding an application to determine whether a municipal by-law restricts a normal farm practice.

On consent, the Board ordered that the Ontario Greenhouse Vegetable Growers be added as a third party and that the application be heard at the same time as six other related applications against the municipality.

A pre-hearing conference was held regarding an application challenging a municipal by-law restricting normal farm practices.

On consent, the Board ordered that the Ontario Greenhouse Vegetable Growers be added as a third party and that the application be heard at the same time as six other related applications challenging the same by-law.

Procedural directions were given for disclosure and the conduct of the joint hearing.

A pre-hearing conference was held regarding an application to determine whether a municipal by-law restricts a normal farm practice.

On consent, the Board ordered that the Ontario Greenhouse Vegetable Growers be added as a Third Party and that the application be heard at the same time as six other related applications against the municipality.

At a pre-hearing conference, the Normal Farm Practices Protection Board ordered on consent that the Ontario Greenhouse Vegetable Growers be added as a Third Party.

The Board also ordered on consent that the application be heard at the same time as six other related applications against the Municipality of Leamington concerning By-law Number 79-20.

Hearing dates were scheduled and procedural directions were given for disclosure and the presentation of evidence.

A pre-hearing conference was held regarding an application by AMCO Farms Inc. challenging a municipal by-law under the Farming and Food Production Protection Act, 1998.

On consent of the parties, the Board ordered that this application be heard at the same time as six other applications challenging the same by-law.

The Board set hearing dates and directed the parties to develop plans for disclosure and the presentation of evidence.

At a pre-hearing conference, the Normal Farm Practices Protection Board ordered on consent that seven applications challenging the Municipality of Leamington's By-law Number 79-20 be heard at the same time.

The Board also added the Ontario Greenhouse Vegetable Growers as a third party to the proceedings on consent and set out a schedule for the joint hearing.

The applicant brought a motion requesting an in-person hearing instead of a virtual hearing, citing his and his witnesses' lack of technological proficiency and anxiety regarding virtual platforms.

The Board dismissed the motion, noting that the applicant and witnesses could attend their counsel's office to testify with assistance.

The Board emphasized that the matter had already been delayed for almost two years and that electronic hearings are permitted under the Hearings in Tribunal Proceedings (Temporary Measures) Act 2020.

The Ontario Greenhouse Vegetable Growers (OGVG) brought a motion to be added as a party to an application by Great Lakes Greenhouses Inc. challenging a municipal by-law restricting supplemental greenhouse lighting.

The municipality opposed the motion.

The Board found that OGVG, as the regulatory body for greenhouse vegetable production in Ontario, was directly affected by the outcome and could make a useful contribution to the technical aspects of the case.

The motion was granted and OGVG was added as a party.