HomeMy WebLinkAboutPD-129-98DN: PD-129-98
r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee
Date: Monday, November 2, 1998
Report #: PD-129-98 FILE #: PLN 28.3
Subject: INFORMATION REPORT ON BILL 146
FARMING AND FOOD PRODUCTION ACT
FILE: PLN 28.3
File # __.1 ~ + ~
Res. #~1%p-S~`S~ ~~_`j~
By-law #
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-129-98 be received for information.
1. The Farming and Food and Protection Ad received Royal Assent on May 11, 1998.
Officially called "an Act to protect Farming and Food Production", the purpose of
the Act is to °conserve, protect and encourage the development and improvement
of agricultural lands for the production of food, fibre and other agricultural or
horticultural products". The Act repealed the former Farm Practices Protection Act.
2. The Province has expressed its interest to the extent that agricultural uses and
"normal farm practices" are to be promoted and protected in a way that balances
the needs of the agricultural community with provincial health, safety and
environmental concerns.
A normal farm practice is defined as a practice which 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 which
makes use of innovative technology in a manner consistent with proper advanced
farm practices.
EJ~~
REPORT NO.: PD-129-98
PAGE2
3. One of the purposes of the Act is to give farmers protection from nuisance
complaints and lawsuits. However, it does not give farmers the right to pollute.
Agricultural operations are still subject to the Environmental Protection Act, the
Pesticides Act, the Health Protection and Promotion Act and the Water Resources
Act.
4. The Act provides for the establishment of a Farm Practices Protection Board to be
appointed by the Minister. The Board has the power to inquire into and resolve a
dispute respecting an agricultural operation and to determine what constitutes a
normal farm practice, and to make the necessary inquiries and orders to ensure
compliance with its decisions.
A person directly affected by a disturbance from an agricultural operation may apply
to the Board for determination as to whether the disturbance results from a normal
farm practice.
5. The most significant implication of this Act to the Municipality is found within
Section 6 (1) as it states that "no municipal by-law applies to restrict a normal farm
practice carried on as part of an agricultural operation". For example, the noise by-
law (By-law 89-184), and the motor vehicle load limit by-law (By-law 94-173) are
not applicable to agricultural businesses operating under "normal farm practices".
However, the Act provides for the Municipality's right to apply to the Board for a
determination as to whether a practice is a normal farm practice for purposes of the
non-application of a municipal by-law. Farmers who are directly affected by a
municipal by-law may also apply to the Board for determination of whether or not
their operation is exempt from a municipal by-law.
b~l
REPORT NO.: PD-129-98
PAGE 3
6. From a planning perspective, the Act is consistent with the objectives of the
Clarington Official Plan. The Official Plan seeks to preserve high quality
agricultural lands and direct non-farm uses to settlement areas. Scattered rural
residential uses not only result in the loss of agricultural land but increase the
potential for nuisance complaints. Urban-oriented residents living in rural areas are
less tolerant of "normal" farm practices which may result in concern for complaints
about noise, odours, the application of chemicals, and other such matters. This
legislation and Clarington planning policies seek to ensure that farmers can
continue to operate and have a right to farm.
7. CONCLUSION
It is the responsibility of the Ministry of Agriculture, Food and Rural Affairs to deal
with concerns and complaints in regards to agricultural operations. The Ministry's
aim is to resolve as many complaints as possible before forwarding a matter to the
Normal Farm Practices Board. The Municipality will not be involved in the process
unless a complaint is filed against a municipal by-law, or the Municipality wishes to
file against the non-application of a municipal by-law.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
IL*DC*FW*df
26 October 1998
Reviewed by,
~~ ~
. Stockwell,
Chief Administrative Officer.
6c2