Farm practices protection
Land in the Agricultural Land Reserve, areas where land is zoned by local governments for farming, and licensed aquaculture areas, represent locations in B.C. where farming is a priority and specifically permitted. The Farm Practices Protection (Right to Farm) Act protects a farmer's right to farm within these significant areas of the province.
The right to farm
Farm practice protection involves the creation of fair and balanced processes to consider concerns about nuisances associated with farm operations. Local governments, First Nations, ministry staff and industry peer advisors continue to participate in efforts to resolve concerns.
The protection provided by the Farm Practices Protection Act specifically relates to nuisances such as odour, noise, dust or other disturbances. The right to farm is, however, not automatic. It requires that:
- A farm operation use ‘normal farm practices’ (as defined by the Farm Practices Protection Act) or practices as may be prescribed by Cabinet regulation; and
- The operation does not contravene other legislation (Environmental Management Act, Integrated Pest Management Act, and Public Health Act.) or any land use regulation
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 Agricultural Land Reserve 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 farm operation.