Farm Practices Protection
practices protection is one of the key components of the
Strengthening Farming Program. Land within the Agricultural Land
Reserve (ALR), other areas where land is zoned for farming and
licensed aquaculture areas represent those parts of the province
where farming is specifically allowed. The
Farm Practices Protection
(Right to Farm) Act (FPPA) was enacted to protect a farmer's
right to farm within these important regions of BC.
The protection provided by the Act specifically relates to
nuisances such as odour, noise, dust or other disturbances. The
right to farm is, however, not automatic. It requires that:
When a farm operation follows these requirements, the farmer is
not liable to any person and cannot be prevented by an injunction or
court order from any nuisance related to the operation of the farm.
For farm operations conducted in the ALR or in a
licensed aquaculture area that observe the points noted above, the
farmer also does not contravene local government bylaws related to
animal control, noise and nuisance if related to the
Striking a Balance
While providing farmers with protection from unwarranted nuisance
complaints, the FPPA also provides a balanced approach to resolving
concerns about farm operations for people living near farms.
Both informal and formal processes have been put in place to assist
all parties in resolving concerns and complaints about farm
The Farm Industry Review Board has been created with a mandate to hear
complaints from persons who feel aggrieved by nuisances arising from
agriculture or aquaculture operations. The Board may also study and
report generally on farm practices.
|To assist the Board, local
governments and others in understanding farm practices, the
Ministry of Agriculture and Lands has developed the
Farm Practices Reference Guide.
Over time, key issues related to farm practices will also be
examined to help establish operational guidelines.
Strengthening Farming makes important linkages between the
practices protection and planning for agriculture sides
of the Program. Much of this effort is focused on preventive
measures. Local governments are encouraged to consider means
within their plans and bylaws to reduce the potential for land
Focused "edge planning" helps ensure greater land use
compatibility between urban and agricultural areas to prevent
potential conflicts before they happen.
Taken together, farm practices protection, supported by sound
planning for agriculture, will translate into benefits for the
community as a whole.
Farmers and Residents by:
protecting farmers who use normal farm practices from
unwarranted nuisance complaints;
creating a new process to resolve complaints about farm
encouraging local governments to take measures to prevent
land use conflicts in their plans and bylaws.
Source: Statistics Canada, 2001 Census