Input Sought on Farm Practices Legislation

The province wants public input on proposed legislation that will establish an efficient and effective process for resolving disputes between farmers and non-farmers. It will also offer protection for farmers who are following normal farming practices. A draft of the proposed legislation was introduced in the House of Assembly today by Ernest Fage, the Minister of Agriculture and Marketing.

"While the majority of farmers in Nova Scotia follow normal farming practices, there are still going to be issues with non-farming neighbours about odour and noise complaints," said Mr. Fage. "This legislation puts in place a fair, balanced and impartial process that is more cost-effective than the court systems for the resolution of such issues. It offers farmers some protection against nuisance complaints which can impact the ability of a farm to operate effectively."

The main provisions of the proposed act include:

• protection for farmers who are following normal farm practices from civil lawsuits and from nuisance bylaws that restrict farm activities
• establishment of a Farm Practices Board with representatives from the farming community, the Union of Nova Scotia Municipalities and the community-at-large to hear and investigate complaints and decide on normal farm practices
• the ability for the board to order a farmer to make modifications to an unacceptable practice, to which the farmer is open to civil lawsuits and being guilty of an offence if there is non-compliance

A normal farm practice is a farming activity that follows codes of practice; or is in accordance with guidelines, policies or directives set by the minister; or is conducted in a manner that is consistent with industry standards and customs.

"The Nova Scotia Federation of Agriculture identified the need for this legislation, and we are interested in their input and that of their members," said Mr. Fage. "In keeping with the spirit of fairness in the legislation, we also wanted to hear from other impacted or interested groups, and I encourage those groups to make submissions."

Consultation packages on the bill will be sent within the next few days to farm and municipal groups, and ads will be placed in upcoming newspapers soliciting input from interested groups and citizens by mail, fax and via the department's website at http://agri/gov.ns/ca .

Deadline for submissions is Jan. 17, 2000.

The proposed Farm Practices Act will replace the existing Agricultural Operations Protection Act (1986).