Ministry of Agriculture and Lands Legislative Summaries:

Note:
This summary electronic description has been prepared for clients of the Ministry of Agriculture and Lands. It is intended for information purposes only and is not the official version of the Act. Please read the disclaimer.

Farm Practices Protection
(Right to Farm) Act

RSBC 1996, Chapter 131

The Act ensures that farmers can farm in the agricultural land reserve by protecting them from nuisance lawsuits, nuisance bylaws and prohibitive injunctions when they are using normal farm practices. It ensures that if a farmer farms properly on the land in the ALR or where aquaculture is licensed, the farmer is deemed not to contravene local government nuisance or miscellaneous bylaws. The Act also makes changes to the Local Government Act by providing that zoning and rural land use bylaws created by local governments are subject to provincial standards and the approval of the Minister of Agriculture, Food and Fisheries. Specific bylaw powers are added for local governments, also subject to compliance with the provincial standards and the minister's approval, which may regulate farm conduct, require certain farm facilities, etc., and prohibit specific farm operations.

A board is established to deal with complaints about farm practices, including the ability to order a farmer to improve or to stop poor farm practices. The board builds on an existing peer review process to investigate and attempt to resolve disputes before hearings are held.

Act:  Farm Practices Protection (Right to Farm) Act, RSBC 1996, Chapter 131 - Electronic Version

Regulations:

• Farm Practices Board Regulation (B.C. Reg. 23/97)
• Specialty Farm Operations Regulation (B.C. Reg. 53/99)