Farm Practices in BC

Reference Guide

Use one of the category drop-down boxes to quickly find the Farm Practice factsheet you require.  Select your factsheet, then click the GO button.  A list of factsheets is available under Appendices.   
 

INTRODUCTION

Purpose of this guide

This document is an update of the initial Farm Practice Reference guide published in 1996. It is an attempt by the Ministry of Agriculture and Lands to list and describe many of British Columbia's diverse farm practices in general terms. It also refers the reader to existing government legislation, industry guidelines and other sources of information related to farm practices in British Columbia.

Information contained in this guide, and all material that is referenced, is intended to serve as a guideline for considering farm practices in British Columbia's agriculture industry. Reference material may provide suggestions for "beneficial management practice" to mitigate the impact of certain farm practices in specific situations and conditions. However, it should not be inferred that these "best management practices" should be implemented on an industry wide basis. These guidelines are also not intended to serve as formal standards, but rather serve to describe current practices used by farmers throughout British Columbia.

The guide is intended to be used by people seeking information related to issues and concerns raised about farm practices (e.g., farmers, peer advisors to farmers, local governments, neighbours living near farms, etc.). This guide may also be used by the Farm Industry Review Board, the statutory body established under the Farm Practices Protection (Right to Farm) Act to hear formal complaints about farm practices.

Aquaculture

The Farm Practices Protection (Right to Farm) Act (FPPA) includes licensed aquaculture as a farming activity. The BC Fisheries Act defines "aquaculture" as the growing and cultivation of aquatic plants, or fish, for commercial purposes, in any water environment or in manufactured containers of water and includes the growing and cultivation of shellfish on, in or under the foreshore or in the water. Aquaculture activities can occur on the land (e.g. commercial finfish or shellfish hatcheries), above the bed of the ocean or lakes, (e.g. oyster longlines or cages for salmon culture), or on beaches (e.g. beach culture of oysters).

How is the "Farm Practice Reference Guide" organized?

The farm practices described in this guide are divided into two categories; commodity specific and activity specific. A third category of nuisance references on dust, noise, and odour is also provided. The intent of the nuisance references is to provide more detailed information on dust, noise and odour that is referred to in some of the farm practice documents.

The commodity specific practices provide a description of the commodity, farm practices that are of particular interest to that commodity, information on legislation that is specific to the commodity and publications that can provide more information. The activity farm practices that pertain to the commodity are referenced.

The activity farm practices provide more details on typical farm practices used by BC farmers. Reference to other activities is made when necessary. There is also a description of the nuisance concerns that may be of particular concern to the farm activity. Information on specific legislation that is specific to the activity is listed along with publications that can provide additional information.

Act protects "normal farm practices"

The fundamental policy of the new Farm Practices Protection (Right to Farm) Act is that farmers have a right to farm in BC's important farming areas, particularly the Agricultural Land Reserve, provided they use normal farm practices and follow other legislation listed in the act (Waste Management Act, Pesticide Control Act, Health Act and their regulations).

The FPPA also protects licensed aquaculturists provided they use normal farm practices and are compliant with other legislation. (e.g. Waste Management Act, Pesticide Control Act, and Health Act).

The FPPA applies to all commercial aquaculture operations in the Province. For Crown land operations, land tenure is prerequisite to Aquaculture Licence issuance. Consequently, an aquaculture operation must meet all Crown land siting requirements in addition to the requirements of the Aquaculture Licence, before the FPPA applies. For land-based operations on private land, such as hatcheries and trout farms, the aquaculturist requires only an Aquaculture Licence for the Act to apply.

A "normal farm practice" is defined in the act to include an activity "that is conducted by a farm business in a manner consistent with proper and accepted customs and standards as established and followed by similar farm businesses under similar circumstances."

Regulations may also be enacted to further define normal farm practices. Farm practices vary among different commodities and with local or regional conditions across the province.

Who decides what is a "normal farm practice"?

The farming community and local governments will have an ongoing role in working with Government to establish guidelines or standards for farm practices. However, when a complaint is made to the Farm Industry Review Board, the Board is charged with making a final decision about whether the practice the farmer is using can be considered a "normal farm practice" with respect to the farm, activity and specific location. The Ministry, the farm community and other knowledgeable persons may be required to provide assistance to the Board during this decision making process.

The farm practices included in this reference guide are not necessarily "normal farm practices" as would be determined by the Board under the Farm Practices protection (Right to Farm) Act. The Farm Industry Review Board may use the information for guidance, but is under no obligation to take practices contained in this reference guide into consideration when issuing a decision with respect to normal farm practices.

What other guidelines exist now?

Currently, there are a number of documents that provide further information on, or descriptions of farm practices. These include the environmental guidelines and management or production guides for various farm commodities. In addition, there are some specific regulations such as the codes of practice for farm waste handling under the Waste Management Act.

Effect of the "right to farm" on certain local bylaws

The act, which replaced the former Agriculture Protection Act, is unique in Canada because it links the right to farm concept with bylaw powers of local governments.

The "right to farm" part of the act exempts farm practices from certain local government bylaws (nuisance and miscellaneous bylaws under Section 789(1)(a) or (b), 932 and 933 of the Local Government Act).

A local government's nuisance (e.g., noise) and miscellaneous (e.g., animal control) bylaws will continue to apply to farmers' non-farm activities (e.g., loud parties).

Of particular importance is a division in the Local Government Act, (formerly the Municipal Act)  which provides for development of bylaw standards by the ministry. The standards, which were developed with the assistance of local governments, the farm community and the Agricultural Land Commission and are housed in the 'Guide for Bylaw Development in Farming Areas', will help local governments prepare zoning bylaws and farm bylaws which support farming.

Who is responsible for keeping this guide current?

This edition of the "Farm Practice Reference Guide" will be updated to include other farm commodities and practices as needed. A review of the guide will be made in consultation with BC's major farm organizations and with local governments.

Suggestion for additions and corrections to this guide should be forwarded to the Ministry's Resource Management Branch in Abbotsford. The Branch will establish a consultation process with industry and local government on proposed changes to the guide.

Every effort will be made to ensure that the guide reflects the most current and accepted technology and responds to changing social values. As the need arises, new standards may be developed in consultation with the farm sector, local governments and other interested groups.

For more information about "Farm Practices"

Contact your local Ministry of Agriculture and Lands office, see Appendix D for additional publications, or contact:

BC Ministry of Agriculture and Lands
Resource Management Branch
1767 Angus Campbell Road
Abbotsford, British Columbia
CANADA V3G 2M3
Phone: 604 556-3100
Fax:     604 556-3099

The contacts for Aquaculture issues are:

Information:   Mr. Gary Caine (Courtenay) Tel: 250 897-7540
Complaints:   Licence and Compliance Branch (Courtenay)
                    Tel: 250 897-7540
                    Fax:250 334-1410