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Agricultural Advisory Committee of Clarington Meeting
Thursday, December 12, 2019
Members Present: Don Rickard
Brenda Metcalf (Chair)
Ted Watson
Tom Barrie
Richard Rekker
John Cartwright
Les Caswell
Henry Zekveld
Regrets: Eric Bowman, Ben Eastman, Jennifer Knox, Councillor Zwart
Staff: Faye Langmaid and Amy Burke - Planning Services
Guests: Teresa Mason, Municipal By-law Enforcement, Councillor Jones,
Councillor Neal
Brenda welcomed all to the meeting, with introductions.
No pecuniary interests declared.
Adoption of Agenda
019-24 Moved by Tom Barrie, seconded by Richard Rekker
That the Agenda for December 12, 2019 be adopted.
Carried
Approval of Minutes
019-25 Moved by Henry Zekveld, seconded by Richard Rekker
That the minutes of the November 14, 2019 meeting be approved.
Carried
Presentation:
Teresa Mason, Municipal By -Law Enforcement Officer, provided an overview of the By-
law 2019-047 being a by-law to keep land clean and clear in the Municipality of
Clarington ("Clean and Clear By-law"). The purpose of the presentation was to inform
the Committee of the scope, application and reason for the by-law. This was in
response to a request brought to the Committee by the Durham Region Federation of
Agriculture.
Agricultural Advisory Committee of Clarington December 12, 2019
The Clean and Clear By-law was enacted by Council on July 2, 2019. It promotes the
elimination of debris, standing water, and long grass or weeds (max. height of 20
centimetres) on private property. It applies to all lands within Clarington, except for
lands zoned Environmental Protection (EP). The Clean and Clear By-law repeals and
replaces By-law 2003-46 ("Lot Maintenance By-law").
The basic purpose and effect of the Clean and Clear By-law is the same as the Lot
Maintenance By-law. The changes made clarify several enforcement provisions and
improve transparency. Enforcement of the By-law is complaints based. The Clean and
Clear By-law does not introduce any changes to how property standards are enforced
on agricultural properties.
The Committee discussed the potential for complaints regarding farms which relate to
standing water and/or the growth of vegetation surrounding crops and within on -site
ditches to heights of greater than the permitted maximum. These are normal farm
practices for rainwater infiltration and erosion control. The Clean and Clear By-law does
not explicitly exempt agriculture. By-law Enforcement Officers use discretion in
reviewing complaints and seek guidance on normal farm practices. With respect to the
management of weeds, the Clean and Clear By-law specifically limits weed heights,
whether noxious or not. Noxious weed complaints are responded to by the Durham
Weed Inspector.
The spread of fleabane in Clarington continues to be a concern of the Committee.
Fleabane is not listed as a noxious weed in Ontario under the Provincial Weed Control
Act. Engineering Services is in discussion with a local property owner regarding the
management of fleabane on their large rural property.
The matter of a request to amend By-law 2015-047 regulating the discharge and sale of
fireworks was discussed with the Committee. The request proposes to decrease the
number of days in a year that fireworks may be permitted to be discharged in the
Municipality and to introduce restrictions on the discharge of fireworks in rural areas.
The proposal seeks to reduce the risk of fireworks debris dispersing amongst crops and
the risk of an unsafe condition for livestock. While the Committee appreciated the
concern and the intent of the proposal, it was generally felt that the existing restrictions
were adequate. The proposed by-law amendments would not affect other sources of
loud, sudden noise that occur in the rural area that could carry the same risk. An
invitation was extended to return to the Committee to solicit formal comments if a By-
law amendment proceeds.
Business Arising from Minutes
Region of Durham Woodland By-law: Refer to Council Referrals.
Emerald Ash Borer Funding Assistance: In follow-up to discussion that took place at
the November 14, 2019 Committee meeting, the following resolution was made:
019-26 Moved by Don Rickard, seconded by Richard Rekker
Agricultural Advisory Committee of Clarington December 12, 2019
That the Agricultural Advisory Committee of Clarington recommends that Council
endorse the following resolution regarding Emerald Ash Borer Provincial funding
assistance for farmers:
Whereas the Municipality continues to address the devastating effect of Emerald Ash
Borer (EAB) on public lands, at a significant cost, and is working on a long-term
strategy to secure the resources necessary for the removal and replacement of EAB
affected trees in rural roadside areas;
And whereas farmers, as significant private landowners, are also heavily impacted by
the spread of EAB across the naturalized areas of their properties;
And whereas, despite there being programs and funds to support tree planting and
replanting, there are no monies available to assist farmers with the removal of EAB
affected trees;
And whereas healthy woodlands contribute environmental, ecological, economic and
health benefits to communities and Ontario's agricultural system;
Therefore, be it resolved that the Council of the Municipality of Clarington urges the
Province of Ontario to renew its commitment to address the spread of invasive
species through the provision of funding to Ontario farmers to assist with the cost of
removing dead ash trees on private farmland,
That a copy of this resolution be circulated to all Durham Region municipalities and
the Region of Durham for endorsement,
That a copy of this resolution be circulated to the Association of Municipalities of
Ontario; and
That a copy of this resolution be directed to Doug Ford, Premier of Ontario; the
Honourable John Yakabuski, Minister of Natural Resources and Forestry, the
Honourable Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs; Lindsey
Park, MPP (Durham); and David Piccini, MPP (Northumberland -Peterborough
South).
Carried
THEE Farmer's Parade of Lights: Took place on December 4, 2019. No issues with
the route or traffic management. Appreciation expressed to Clarington Council, the
Committee, Municipal Staff and volunteers for the assistance and support provided.
Correspondence, Council Items and Referrals
Region of Durham Woodland By-law: On December 9, 2019, Council referred the
minutes of the November 14 Agricultural Advisory Committee meeting back to the
Committee for further discussion of the Region's Woodland By-law. The concern by
Council had been the potential effect of the proposed by-law amendment on the
agricultural sector and more specifically whether clearing of trees as part of a normal
farm practices would be permitted if the area of the farm where this needs to occur is
zoned Environmental Protection. Staff have confirmed with the Region the proposed
amendments to the by-law do not change the ability of a farmer to carry out normal farm
practices. The by-law specifies that the removal of trees as part of normal farm
practices are exempt. Normal farm practices include the removal of trees for personal
Agricultural Advisory Committee of Clarington December 12, 2019
use, as well as the removal of trees for farm -related uses (i.e. fence posts and rails).
Normal farm practices in the current by-law and in the proposed amended by-law do not
include clear cutting of any kind. A permit is required for any clear cutting.
Liaison Reports:
Durham Agriculture Advisory Committee: No updates.
Durham Region Federation of Agriculture: Richard provided an update in his e-mail
to all prior to the meeting. Ontario Federation of Agriculture is engaged in commenting
on the proposed Line Fences Repeal Act, 2019. Richard will gather further details on
OFA's position for the Committee.
Clarington Board of Trade: No updates.
New Business
Service installation in rural rights -of -way: Don reached out the Region of Durham to
discuss what measures could be taken to require utilities to contact farmers prior to
undertaking construction activities in rural roadside right of ways. There have been
instances of tile drainage discharge pipes being damaged as the utility was not aware of
their location. This matter has also been discussed with Clarington Engineering
Services. While the Region and Municipality can consider including conditions in a road
occupancy permit in order to encourage utilities to contact adjacent landowners, it may
be difficult and resource intensive to identify the farmer who is managing the land; many
farmers rent land throughout the Municipality and do not reside on the land.
Incorporating tile drain discharge locations into the utility locate process can be time
consuming and costly.
Security from Trespass and Protecting Food Safety Act, 2019: The Committee was
grateful to hear of the introduction of legislation to help deter trespassing on farms and
other agri-food premises. The Committee requested a letter be sent encouraging the
consideration and support of the proposed Act, and it be copied to Minister Hardeman
and local MPPs.
Cannabis Crop Production: There is discussion in the community about the growing
of cannabis as a farm crop. As set out by OMAFRA, the definition of a crop for
agricultural production is very broad and would include cannabis, subject to ensuring
compliance with Federal regulations. This is not unlike agricultural production of hemp.
Typical crop drying and cleaning is accepted as a normal farm practice much like corn
and soybeans. Matters relating to processing of cannabis to produce a salable product
are subject to zoning. Council could request staff provide further policy direction, such
as fencing, etc as other municipalities have.
2019 AACC Accomplishments: Brenda will present the Committee's 2019
accomplishments to Council at the February 3, 2020 Planning & Development
Committee meeting.
Agricultural Advisory Committee of Clarington December 12, 2019
Next Meeting: Thursday, January 9, 2020 @ 7:30 pm
April Stevenson, Highway of Heroes Tree Campaign
Pam Lancaster, GRCA —Watershed Stewardship Program Update
Jamie Davidson, CLOCA — Watershed Plan Review Update
Future Agendas:
Philip Lawrence, MP, Northumberland -Peterborough South
Hon. Erin O'Toole, MP, Durham
Robert Schafer re: Tyrone Mills Ltd.
Clarington Engineering and Region of Durham Works re: 2020 capital projects
Brianna Ames of Fairlife (Coca-Cola)
Clarington Engineering Services (Building Division) re: National Building Code changes
for farm structures anticipated for 2020 (once the changes have been confirmed)
Simon Gill, Durham Region Economic Development & Tourism re: an update on the
Durham Region Agricultural Strategy and Durham Region Broadband Strategy
Agricultural Advisory Committee of Clarington December 12, 2019