There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.
This consultation was open from:
February 16, 2023
to April 3, 2023
Decision summary
The Rules of Practice and Procedure for the Normal Farm Practices Protection Board have been modernized to clarify opportunities for public engagement in Board hearings while eliminating unnecessary length and delays on matters which could be appealed to the Divisional Court.
Decision details
The Normal Farm Practices Protection Board (the “NFPPB”) is established under the Farming and Food Production Protection Act, 1998 (the “Act”) to rule on issues pertaining to farm practices. The Act protects farmers from disturbance complaints, provided the farmer is following normal farm practices. Disturbances covered are those arising from odour, dust, flies, light, smoke, noise and vibration. The Act also protects farmers from municipal by-laws that restrict their normal farm practices.
The NFPPB has its own Rules of Practice and Procedure which govern proceedings in conjunction with provincial legislation, and provide a fair, open and understandable process to resolve disputes regarding agricultural operations as it relates to the Act.
Key changes to the Rules of Practice and Procedure will improve adjudicative processes, including:
- Better supporting public participation by clarifying access to adjudicative records, processes for electronic hearings, and opportunities for the public to attend hearings.
- Providing efficient and timely proceedings such as when to dismiss applications without a hearing.
- Optimize proceedings by eliminating unnecessary length and delay associated with requests for the NFPPB to review its own decisions.
Along with these rule changes, the NFPPB will be adjusting its target timelines so that all decisions made by the Board will be released within 60 calendar days after a hearing concludes. This will result in decisions being released 24-108 days sooner than at present.
The updated Rules of Practice and Procedure came into effect May 30, 2023.
Effects of consultation
A total of four comments were received on the updated Rules of Practice and Procedure, which were analyzed and reviewed with the Chair of the NFPPB and Legal Counsel.
Of the four comments received, one provided feedback and suggestions related to the proposed changes. Feedback received from this organization was generally supportive.
The remaining three comments received did not offer suggestions or recommendations related to the proposed changes.
Therefore, no changes were made to the proposal as a result of the consultation.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Ontario Government Building 2nd Floor NW
1 Stone Rd W
Guelph,
ON
N1G 4Y2
Canada
Connect with us
Contact
Andrew Watt
Ontario Government Building 2nd Floor NW
1 Stone Rd W
Guelph,
ON
N1G 4Y2
Canada
Original proposal
Why consultation isn't required
NFPPB’s Rules of Practice and Procedure provide a fair, open and understandable process to resolve disputes regarding agricultural operations as it relates to the Farming and Food Production Protection Act (1998).
Posting the proposed changes to the Environmental Registry for public commenting would ensure compliance with the Environmental Bill of Rights to give notice and to consult the public on changes to environmental acts, regulations, policies and instruments.
Proposal details
OMAFRA oversees two, independent adjudicative agencies including the NFPPB, and the Agriculture, Food and Rural Affairs Appeal Tribunal (AFRAAT).
The NFPPB was established by the Farming and Food Production Protection Act, 1998, to resolve disputes regarding agricultural operations and to determine what constitutes a normal farm practice. Through this act, NFPPB balances needs of agricultural communities with provincial health, safety, and environmental concerns.
Rules of Practice and Procedure for the NFPPB were last updated in October 2009. These rules are intended to provide a fair, open, and understandable process to:
- Facilitate and enhance public participation.
- Increase the efficiency and timeliness of proceedings.
- Avoid unnecessary length and delay; and
- Assist the Board in fulfilling its statutory mandate.
Key proposed changes will improve adjudicative processes, including:
- Better supporting public participation by clarifying access to adjudicative records, processes for electronic hearings, and opportunities for the public to attend hearings.
- Providing efficient and timely proceedings such as when to dismiss applications without a hearing
- Optimize board proceedings by eliminating unnecessary length and delay associated with requests for the Board to review its own decisions.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Ontario Government Building 2nd Floor NW
1 Stone Rd W
Guelph,
ON
N1G 4Y2
Canada
Comment
Commenting is now closed.
This consultation was open from February 16, 2023
to April 3, 2023
Connect with us
Contact
Andrew Watt
Ontario Government Building 2nd Floor NW
1 Stone Rd W
Guelph,
ON
N1G 4Y2
Canada
Comments received
Through the registry
4By email
0By mail
0