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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 The Act repealed the former Farm Practices Protection Act. 2.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