Farm Legislation To Move Forward

Legislation that protects farmers and also establishes a fair and balanced process for settling disputes that arise out of farming activities is moving through the House.

The Farm Practices Act will be introduced for second reading tonight by Ernest Fage, Minister of Agriculture and Marketing. The legislation was identified as a priority by the Nova Scotia Federation of Agriculture. It was introduced in the fall so the farming community and interested groups would provide feedback.

"I was pleased with the submissions we received, which were insightful and thorough," said Mr. Fage. "There was general consensus that this legislation is needed to ensure the future of farming in the province, to balance the needs of farmers with those of non-farmers, and to offer some protection against nuisance complaints which can impact the ability of a farm to operate effectively."

The minister will be putting forward one amendment to the legislation as a result of the consultations. The amendment will add the word "storage" to the list of farming activities under the definition of "agricultural operation."

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 proposed Farm Practices Act is expected to replace the existing Agricultural Operations Protection Act (1986).