Farm Practices Conflict Resolution Process
Table of Contents
This Conflict Resolution Process is a form of alternate dispute resolution (ADR) mandated by the Normal Farm Practices Protection Board (NFPPB).
The Normal Farm Practices Protection Board (NFPPB) and the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) established the Farm Practices Conflict Resolution Process in 2004. Its purpose is to help resolve conflicts about farm practices and reduce the need for Board hearings. The conflicts arise from nuisance complaints about odour, noise, dust, flies, light, smoke or vibration. The Process is also used for conflicts between farm practices and municipal by-laws.
When a conflict arises, the parties (the people involved on both sides of the conflict) should try to resolve it by speaking to each other, because this usually produces the best solution. If assistance is needed, the municipality or OMAFRA should be called. The municipality may try to resolve the issue. If unsuccessful, the parties may refer the issue to OMAFRA.
OMAFRA can be reached by calling the Agricultural Information Contact Centre (AICC) at 1-877-424-1300. The AICC will refer the matter to the most appropriate OMAFRA Agricultural Engineer or Environmental Specialist. Sometimes the parties contact the regional OMAFRA office directly. In either case, the Agricultural Engineer or the Environmental Specialist will investigate. The Engineer or Specialist will speak with both parties and try to resolve the conflict. Where necessary, the Engineer or Specialist may call upon other experts as appropriate. If conflict resolution is not successful, one of the parties may apply to the NFPPB for a hearing under the Farming and Food Production Protection Act.
Before the Board considers an application for a hearing, the dispute must go through the Farm Practices Conflict Resolution Process.
The table below presents a quick guide to the delineation of responsibility between Engineer and Specialist, and is used by the AICC for referring cases. If the conflict involves a fixed source, the case goes to the Engineer. If the source is temporary, the Environmental Specialist handles it.
Circumstances vary, however, and the Engineer and Specialist may decide between themselves to take a different approach in a particular case. In deciding to go against the table, however, the Engineer takes the lead and the responsibility.
Within specific geographic areas, it is important that Engineers and Specialists inform each other about normal farm practice cases they are investigating. This avoids unnecessary duplication and confusion.
Investigation Responsibilities Table
|Author:||Finbar Desir - Farm Implements Coordinator/OMAFRA|
|Creation Date:||24 July 2009|
|Last Reviewed:||24 July 2009|