AOPA & Practice Review Committee

This Act provides the institutional framework for resolving conflicts between agricultural producers and the urban/rural non-farmers. Under the Act, farmers using generally accepted practices and not contravening the land use bylaws of the municipality in which the operation is located, are not liable in a nuisance lawsuit and cannot be prevented from carrying on their operation because it causes or creates a nuisance. The Farmers' Advocate Office (FAO) is responsible for Part 1, Nuisance of AOPA.

Practice Review Committee - PRC

This document will explain the Practice Review process used by the FAO. The FAO assists in looking for solutions when disputes arise between the agricultural industry and neighbors over nuisance issues.

If a disagreement is brought directly to the attention of the FAO, they will work with the parties to resolve the dispute. If a complaint is not resolved through that process, a person who is aggrieved by a disturbance resulting from an agricultural operation, the owner or operator of the agricultural operation, or the Natural Resources Conservation Board (NRCB) may submit a written request to the Minister of Agriculture and Food to establish a Practices Review Committee (PRC) to resolve the dispute.

AOPA PRC Petition

Excerpt from AOPA, Part 1

3(1) A person who is aggrieved by, or an owner or operator who is aware that a person is aggrieved by, any odour, noise, dust, smoke or other disturbance resulting from an agricultural operation may apply in writing to the Minister to request consideration of whether the disturbance results from a generally accepted agricultural practice.

(2) An application under subsection (1) must be in writing and must contain a statement of the nature of the disturbance, the name and address of the applicant, the location of the agricultural operation, the name and address of the owner or operator, if known, the name and address of the person who is aggrieved and the steps taken by the applicant, if any, to resolve the disturbance.

(3) The parties to an application are the applicant, the owner or operator or the person aggrieved and any other person the Minister considers appropriate.

(4) A person shall not commence an action in nuisance for any odour, noise, dust, smoke or other disturbance resulting from an agricultural operation unless an application has been made under this section with respect to the disturbance at least 90 working days previously.

• Name and address of the person making application for the Peer Review Process
• Name and address of the person aggrieved (if different)
• Statement of the nature of the disturbance
• Name and Address of the owner or operator of the agricultural operation
• Outline of the steps taken by the applicant to resolve the disturbance