Enforcement of Farm Practice Complaint Decisions

If the farmer does not cease (stop) using, or does not modify (change) a practice as ordered by BCFIRB, they are no longer protected under the Farm Practices (Right to Farm) Act.

As a result:

  • The local government may enforce its bylaws (for example, noise or nuisance bylaws) and the farm can be subject to a nuisance lawsuit claiming damages or a court injunction.
  • The party in whose favour BCFIRB makes an order can file a certified copy of the order with the B.C. Supreme Court. Once the order is filed, if the farmer continues to use the practice that BCFIRB ordered them to cease (stop) or modify (change), he or she may be found in contempt of court. Contempt of court may be punishable by fine or imprisonment. There is no time limit on filing a BCFIRB order with the B.C. Supreme Court.