Normal farm practice preserved
6 (1) No municipal by-law applies to restrict a normal farm practice carried on as part of an agricultural operation.  1998, c. 1, s. 6 (1). Dispute resolution (2) A person described in subsection (3) or a municipality may apply to the Board, in a form acceptable to it, for a determination as to whether a practice is a normal farm practice for purposes of the non-application of a municipal by-law.  1998, c. 1, s. 6 (2). Applications (3) An application may be made by, (a) farmers who are directly affected by a municipal by-law that may have the effect of restricting a normal farm practice in connection with an agricultural operation; and (b) persons who want to engage in a normal farm practice as part of an agricultural operation on land in the municipality and have demonstrable plans for it.  1998, c. 1, s. 6 (3). Application (4) Every application must, (a) contain a copy of the by-law in question; (b) state the by-law number, the date it was passed, the name of the municipality that passed it and the address of the municipal offices; (c) describe the practice to be reviewed; and (d) contain the name and address of the farmer or, if the applicant is not a farmer or a municipality, of the applicant.  1998, c. 1, s. 6 (4). Refusal by Board (5) The Board may refuse to hear an application if it is of the opinion that the applicant does not have a direct, personal interest in the outcome of the application or whose main reason for the application is other than to be able to carry on a normal farm practice.  1998, c. 1, s. 6 (5). Hearing (6) Subject to subsection (5) and section 8, upon receiving an application under subsection (2), the Board shall hold a hearing to determine whether the practice in question is a normal farm practice.  1998, c. 1, s. 6 (6). Parties (7) The municipality, the farmer, or if the applicant is a person described in clause (3) (b), that person are parties to the hearing.  1998, c. 1, s. 6 (7). Same (8) The Board may add any person who applies to be a party and who may be directly affected by its decision as a party to the hearing.  1998, c. 1, s. 6 (8). Notice of hearing (9) The following are entitled to notice of the hearing by the Board: 1. The parties. 2. Every owner of land that is, i. within 120 metres of the area in which the farm practice is being exercised, and ii. in the municipality that has passed the by-law.  1998, c. 1, s. 6 (9). Same (10) Notice of a hearing to the parties may be given by personal service or regular lettermail.  1998, c. 1, s. 6 (10). Same (11) Notice of a hearing to every one who is not a party may be given by personal service, regular lettermail or publication in a newspaper that is of sufficiently general circulation in the area surrounding the agricultural operation to give the public reasonable notice of the hearing.  1998, c. 1, s. 6 (11). Same (12) For the purposes of subsection (9), the owner of land shall be deemed to be the person named on the last revised assessment roll prepared under the Assessment Act.  2006, c. 33, Sched. Z.3, s. 11. Municipality’s obligation (13) The municipality that passed the by-law shall provide the Board with the information necessary for the Board to determine the land owners for the purposes of subsection (9).  1998, c. 1, s. 6 (13). Submissions (14) A person who is not a party may make submissions relating to the determination of whether the practice in question is a normal farm practice and the parties to the hearing are entitled to respond to those submissions.  1998, c. 1, s. 6 (14). Factors to consider (15) In determining whether a practice is a normal farm practice, the Board shall consider the following factors: 1. The purpose of the by-law that has the effect of restricting the farm practice. 2. The effect of the farm practice on abutting lands and neighbours. 3. Whether the by-law reflects a provincial interest as established under any other piece of legislation or policy statement. 4. The specific circumstances pertaining to the site.  1998, c. 1, s. 6 (15). Decision (16) After the Board has completed the hearing, it shall provide a written decision stating whether the Board is of the opinion that, (a) the farm practice is a normal farm practice; (b) the farm practice is not a normal farm practice; or (c) the farm practice will be a normal farm practice if the farmer makes specific modifications in the practice within the time set out in the decision.  1998, c. 1, s. 6 (16). Application (17) This section applies to by-laws that came into force before this Act came into force.  1998, c. 1, s. 6 (17). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 11 - 01/01/2009