Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1

• Jurisdiction: Ontario

Farming and Food Production Protection Act, 1998

S.O. 1998, CHAPTER 1

Consolidation Period: From November 14, 2017 to the e-Laws currency date.

Last amendment: 2017, c. 20, Sched. 1.

It is desirable to conserve, protect and encourage the development and improvement of agricultural lands for the production of food, fibre and other agricultural or horticultural products.

Agricultural activities may include intensive operations that may cause discomfort and inconveniences to those on adjacent lands.

Because of the pressures exerted on the agricultural community, it is increasingly difficult for agricultural owners and operators to effectively produce food, fibre and other agricultural or horticultural products.

It is in the provincial interest that in agricultural areas, agricultural uses and normal farm practices be promoted and protected in a way that balances the needs of the agricultural community with provincial health, safety and environmental concerns.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1 (1) In this Act,

“agricultural machinery and equipment” includes irrigation pumps, crop conditioning and drying equipment, refrigeration units and crop protection equipment; (“machines et matériel agricoles”)

“agricultural operation” means an agricultural, aquacultural, horticultural or silvicultural operation that is carried on in the expectation of gain or reward; (“exploitation agricole”)

“Board” means the Normal Farm Practices Protection Board; (“Commission”)

“disturbance” means odour, dust, flies, light, smoke, noise and vibration; (“perturbation”)

“farmer” means the owner or operator of an agricultural operation; (“agriculteur”)

“Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”)

“normal farm practice” means a practice that,

(a) is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances, or

(b) makes use of innovative technology in a manner consistent with proper advanced farm management practices; (“pratique agricole normale”)

“person” includes an unincorporated association; (“personne”)

“processing” includes sawing, cleaning, treating, grading and packaging to the extent that these activities relate to products primarily from and are conducted as a part of an agricultural operation. (“traitement”) 1998, c. 1, s. 1 (1); 2002, c. 17, Sched. F, Table.

Interpretation

(2) For the purpose of the definition of “agricultural operation”, “agricultural, aquacultural, horticultural or silvicultural operation” shall be construed to include,

(a) draining, irrigating or cultivating land;

(b) growing, producing or raising,

(i) livestock, including poultry and ratites,

(ii) fur-bearing animals,

(iii) bees,

(iv) cultured fish,

(v) deer and elk,

(vi) game animals and birds, or

(vii) any additional animals, birds or fish prescribed by the Minister;

(c) the production of agricultural crops, greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, tree and turf grass, and any additional agricultural crops prescribed by the Minister;

(d) the production of eggs, cream and milk;

(e) the operation of agricultural machinery and equipment;

(f) the application of fertilizers, soil conditioners and pesticides;

(g) ground and aerial spraying;

(h) the storage, handling or use of organic wastes for farm purposes;

(i) the processing by a farmer of the products produced primarily from the farmer’s agricultural operation;

(j) activities that are a necessary but ancillary part of an agricultural operation such as the movement of transport vehicles for the purposes of the agricultural operation; and

(k) any other agricultural activity prescribed by the Minister, conducted on, in or over agricultural land. 1998, c. 1, s. 1 (2).

Section Amendments with date in force (d/m/y)

2002, c. 17, Sched. F, Table - 01/01/2003

When farmer not liable

2 (1) A farmer is not liable in nuisance to any person for a disturbance resulting from an agricultural operation carried on as a normal farm practice. 1998, c. 1, s. 2 (1).

Not a normal farm practice

(1.1) A practice that is inconsistent with a regulation made under the Nutrient Management Act, 2002 is not a normal farm practice. 2002, c. 4, s. 63 (1).

Reference to Board

(1.2) A judge who is required to make a determination as to whether a farm practice is a normal farm practice may refer the matter to the Board for a hearing and require the Board to report to the judge. 2002, c. 4, s. 63 (1).

Injunctions

(2) No court shall issue an injunction or other order that prohibits a farmer from carrying on the agricultural operation because it causes or creates a disturbance. 1998, c. 1, s. 2 (2).

Exceptions to subss. (1) and (2)

(3) Subsections (1) and (2) do not apply to preclude an injunction or order, in respect of a nuisance or disturbance, against a farmer who has a charge pending related to that nuisance or disturbance under the,

(a) Environmental Protection Act;

(b) Pesticides Act;

(c) Health Protection and Promotion Act; or

(d) Ontario Water Resources Act. 1998, c. 1, s. 2 (3).

Same

(4) Subsections (1) and (2) do not apply to preclude an injunction or order, in respect of a nuisance or disturbance, against a farmer who is in contravention of an order of the Board made under clause 5 (4) (b) related to that nuisance or disturbance. 1998, c. 1, s. 2 (4).

Where Act superseded

(5) This Act is subject to the Environmental Protection Act, the Pesticides Act and the Ontario Water Resources Act. 1998, c. 1, s. 2 (5).

Section Amendments with date in force (d/m/y)

2002, c. 4, s. 63 (1) - 01/07/2003

Board continued

3 (1) The Farm Practices Protection Board, consisting of not less than five members appointed by the Minister, is continued under the name Normal Farm Practices Protection Board in English and Commission de protection des pratiques agricoles normales in French. 1998, c. 1, s. 3 (1).

Chair, vice-chairs

(2) The Minister may designate one of the members of the Board as chair and may designate one or more vice-chairs from among the remaining members. 2017, c. 20, Sched. 1, s. 1 (1).

Supervision, chair

(3) The chair of the Board is responsible for the general supervision and direction of the conduct of the affairs of the Board. 1998, c. 1, s. 3 (3).

Supervision, vice-chair

(4) If the chair is absent or unable to act, one of the vice-chairs may exercise the powers of the chair. 1998, c. 1, s. 3 (4); 2017, c. 20, Sched. 1, s. 1 (2).

(5), (6) Repealed: 2006, c. 34, s. 32.

Remuneration

(7) Those members of the Board who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 shall be paid such remuneration and expenses as the Lieutenant Governor in Council determines. 1998, c. 1, s. 3 (7); 2006, c. 35, Sched. C, s. 41.

Rules

(8) The Board may, subject to the Statutory Powers Procedure Act, make rules for the conduct and management of its affairs and for the practice and procedure to be observed in matters before it. 1998, c. 1, s. 3 (8).

Quorum

(9) The chair or a vice-chair and two other...