Minister outlines Farm Practices Protection Act

Acting Minister of Forest Resources and Agrifoods, Gerald Smith, today outlined details of government's farm practices protection legislation, which is aimed at protecting farms from court action relating to nuisance complaints such as odors and dust from farming activity. Second reading on the new legislation is scheduled for today in the House of Assembly.

"We are confident that this comprehensive legislation will meet the need to protect farms, which operate in an acceptable manner, from court action relating to nuisance complaints while, at the same time, ensure the rights of those individuals who live near farming operations," said Minister Smith.

The main element of the new legislation is the establishment of a mechanism, called the Farm Practices Review Board, which will help mediate disputes between farmers and their neighbors. The board will have five members representing municipalities, the farming community and the general public.

"The intent of this act is to provide for a more effective and quick way to resolve public complaints regarding farm practices," said Minister Smith. "The board will be responsible for hearing and ruling on complaints about such things as odors, noise, dust, smoke and light. Concerns of any other nature will continue to be addressed by the appropriate government departments or agencies."

The minister pointed out that the act does not affect the rights and powers of municipalities to enact their own regulations related to farming activity, adding that the legislation was developed in consultation with the Newfoundland and Labrador Federation of Municipalities, Newfoundland and Labrador Federation of Agriculture and various government departments, including the Departments of Environment, Municipal and Provincial Affairs, and Government Services and Lands.

"The new legislation will also contain environmental guidelines for farm management practices. 
The guidelines will be key to the review board in determining whether a farm is complying with the required regulations when a complaint is issued," said Minister Smith. 

Government is committed to ensuring farming operations follow all environmental and health guidelines, and I want to stress that only farmers whose operations fully comply with necessary guidelines will be protected by this legislation. We want to ensure there is a balance between safeguarding farming operations and protecting the public from unacceptable disturbances from farming activity."

The minister noted that, in recent years, significant quantities of agricultural land have been affected by the expansion of urban and suburban areas which has resulted in mixed land use. This pattern of development has resulted in an increase in the number of conflicts between farm activity and non-farm uses.

Newfoundland and Labrador is the only province in Canada that does not have some form of farm practices protection legislation.

Media contact: Sonia B. Glover, Communications, (709) 729-6183.

Backgrounder
Farm Practices Protection Act

• The Farm Practices Protection Act has been prepared in consultation with the Newfoundland and Labrador Federation of Agriculture, the Newfoundland and Labrador Federation of Municipalities, and the Departments of Environment, Government Services and Lands, and Justice. All of these parties are supportive of this legislation. 
  
• In recent years, there has been an increase in the number of nuisance complaints against farmers. These complaints are often associated with non-farm development in rural areas and most often they relate to odor, noise and dust. 
  
• The new legislation will safeguard farms, which operate in an acceptable manner, from court action relating to nuisance complaints while, at the same time, protect citizens who live near farms from unacceptable farming practices.
  
• The act will see the establishment of a Farm Practices Review Board which will be a key component of the new legislation, as it will help mediate disputes related to nuisance complaints between farmers and their neighbors. It will be a new mechanism outside of the courts for resolving agriculture land-use conflicts. 
  
• The board will be made up of five members representing the farming community, municipalities and the general public.
  
• The new legislation will only deal with issues related to nuisance complaints. Persons with any other concerns related to farming activity may continue to contact appropriate government departments or agencies responsible for such matters.
  
• Only farms that operate in an acceptable manner will be protected by this legislation. Acceptable farm practices are outlined in new Environmental Farm Practice Guidelines, which were developed in full consultation with the appropriate stakeholders. These guidelines will lay the foundation in defining what are acceptable farming practices in Newfoundland and Labrador and will be crucial to the implementation of the act.
  
• Farmers who do not use acceptable farm practices, or who fail to abide by a decision of the Farm Practice Review Board, can be subjected to normal court action related to nuisances.
  All provinces in Canada, except Newfoundland and Labrador, have introduced Farm Practice Protection Acts or Right to Farm Legislation. 
  
• There are over 700 farming operations in the province and approximately 100 companies involved in further processing and value-added production, for a total industry value in excess of $500 million. 

2001 11 27                           12:45 p.m.