Build a strong case as a complaint respondent

A farm business must have an intention to generate income or profit. Panels often look at evidence such as:

• Official status: farm registration documents, business licence, BC Assessment “farm class” status
• Membership in a marketing board or commission
• Proof of sales: receipts, invoices, or sales contracts for farm products
• Farm’s activities: Photos, ads, testimony, or maps or showing your scale, infrastructure, and production

If you are not a farm business, BCFIRB has no jurisdiction. The complaint may be dismissed, but the activities would not be protected under the FPPA. You could still face legal action or bylaw enforcement.

It is not a farm business if animals, crops, or activities are for personal use, pleasure, or lifestyle, and not a livelihood or trade. This may be evidenced by:

• No intention to generate income or profit
• No farm tax status or reporting of farm income/expenses
• No licences or permits for commercial farming
• Activities done for personal use, lifestyle, or subsistence
• Any sales are occasional, not systematic
• Scale too small to compare with commercial operations

Evidence may show the activity directly supports production or marketing:

• Purpose: records or testimony about how the practice supports growing, raising, or marketing farm products
• Documentation: farm logs, schedules, or operational records showing the activity is routine and connected to business operations
• Expert support: statements from agrologists, veterinarians, or other sector professionals linking the activity to farming practices
• Comparisons: showing how similar farms use the same method, equipment, or timing
• Context: maps, photos, or video showing the location, frequency, and role of the activity on the farm

If its unrelated, the panel may dismiss the complaint, but the activity would not be protected by the Act. Panels may consider evidence such as:

• Separate business or purpose: licences, tax filings, or documents showing it’s related to a different business
• Sales evidence: invoices or contracts for non-farm products (selling gravel, firewood, or event tickets)
• Site evidence: photos or maps showing the activity is in an area not used for farming
• Testimony about intent and use: credible explanations that show activities aren’t connected to farm production

You can compare your practices to farms that have:

• Same product: Such as dairy cows, hay production
• Similar scale and intensity: Small family farm vs. large commercial operation, number of animals, acreage, equipment size
• Similar environment and constraints: Climate zone, topography, proximity to neighbours, local regulations, access to water
• Similar production methods: Conventional vs. organic, pasture-based vs. intensive housing

You can submit evidence to show what most comparable farms do in similar conditions, such as:

• Expert or knowledgeable person reports
• Testimony from farmers in the same sector
• Industry standards, manuals, research reports or codes of practice
• Photographs or videos from other farms (if lawfully obtained and relevant)

The panel will often look for specific evidence on whether the farm practice is reasonable and aligned with industry norms.

Evidence can show specific similarities, like methods, frequency, timing, scale, or equipment use. This evidence often uses measurements or observations:

• Method: “We apply manure by broadcast spreading in spring and fall, consistent with nutrient management plans used by other dairy farms in this climate zone.”
• Timing: “Fans run continuously during hot weather to keep barn temperatures below 28°C, matching these poultry ventilation standards.”
• Scale: “These logs show we spread manure once every two weeks during peak season, the same frequency identified by agrologists as standard for dairy operations of our size.”
• Equipment: “Our livestock area is over 53 meters from the property line. The Agricultural Waste Management Guidelines recommends at least 15 metres away. Photos of three comparable farms show even closer setbacks of 20, 28, and 41 meters.”

Panels look at whether the practice is a necessary part of farming and not something that can be reasonably avoided, reduced, or separated from production. They look for evidence-based connections between the practice and farm business needs, such as:

• Safeguard animal health: ventilation to prevent heat stress or death in poultry
• Protect crops: bird deterrents that prevent major crop losses
• Comply with industry standards: nutrient plans or other regulatory requirements that set strict limits on how and when manure can be spread

The panel will consider whether you’ve taking reasonable steps to reduce the impact of the disturbance. They will look at:

• Whether common methods to lessen the disturbance (such as method or timing changes, buffers, or equipment settings) were available or used
• What actions, if any, were taken to reduce the disturbance, and how effective they were
• How your mitigation efforts compare with other farms under similar conditions
• Any expert advice you followed or trials you conducted to find less disruptive options
• How you manage your practices so you can monitor, adjust and stay accountable

Evidence could link these efforts to real outcomes, such as less noise at night, reduced odour carryover, fewer visual or dust impacts.

Panels bring it all together by asking if the practice is reasonable under the circumstances. Have the parties demonstrated whether the approach fits within accepted practice for similar farms?

• Necessity – losses, animal welfare risks, or market penalties if the practice isn’t used
• Consistency with standards – codes of practice, expert advice, or government guidelines that support the approach
• Proportionality – limiting the practice to what’s needed (hours of use, equipment settings, buffers)
• Adaptation to conditions – rational explanations on why practices go beyond what’s typical (unique climate, soil, pest, facility, or buyer requirements), backed with expert support

Industry codes of practice, manuals, research, or statistics can help establish what counts as normal farm practice.

Name the source and, if possible, quote the exact line or figure. For example, “The Poultry Code of Practice, section 3.3.1 says to maintain barn temperatures between 18 and 24 degrees Celsius. We achieve this through continuous fan use, regular monitoring, and adjustments based on temperature, humidity, and bird behaviour.”

The Farm Practices in B.C. Reference Guide is a useful resource. It describes current practices used by farmers throughout B.C. and includes fact sheets on issues such as:

• Dust (PDF, 285KB)
• Noise (PDF, 258KB)
• Odour (PDF, 286KB)

Tribunals aim to apply rules consistently. Panels aim to apply the law consistently. Reviewing past BCFIRB decisions can show how similar complaints were handled, including the standards and best practices that BCFIRB applied.

To use past rulings effectively:

• Search for complaints about similar issues to yours
• Note the case name, year and decision
• Explain how the facts compare to your situation
• Describe how the outcome supports your position

Find past farm practice complaint decisions

A consistent, detailed log confirming when and how you carried out an activity. Consider recording:

• Date, time, frequency and duration of the activity
• Barn or weather conditions
• Feeding or harvesting schedules
• Equipment maintenance logs
• Compliance checks and monitoring results

A written plan or system can strengthen a case by showing foresight and accountability. For example:

• Nutrient management plan prepared with an agrologist
• Odour, noise, or spray-drift monitoring logs
• Environmental farm plan or organic certification requirements
• Records of adjustments made over time (reduced cannon hours, planted buffers)

It shows good faith efforts when farmers communicate with neighbours about their concerns and try to resolve the dispute informally.

Records of communication between parties may include:

• Letters and emails
• Text messages (showing the date, time and recipient)
• Notes about verbal conversations (note the date, who was involved and what was discussed)
• Documentation of actions you took following the discussion to minimize disturbance

Photographs, audio or video recordings can:

• Demonstrate the necessity of your practices
• Illustrate your practices or practices of comparable farms
• Placement of items such as buffers, manure storage, fans, or propane cannons

Field maps can show activity areas and distances from neighbours.

When organizing visual or audio evidence:

• Label it with the date, time and location it was taken
• Note who made the recording or took the photo
• Briefly describe what it’s meant to show

Evidence from technical experts like agrologists, engineers, veterinarians, or other specialists can confirm the necessity of your practice or the effectiveness of your mitigation steps.

For example, an agrologist might confirm that spreading manure at specific times meets soil nutrient needs and minimizes leaching. You are responsible for the cost of engaging an expert.

A credible expert witness should:

• Have recognized qualifications in the industry
• Be neutral and fact-based
• Submit a written expert report at least 30 calendar days before the hearing
• Attend the hearing to answer questions about their report

You can support your case with oral testimony or written affidavits. An affidavit is a sworn written statement from someone with direct knowledge.

Witnesses should have first-hand knowledge of important events or facts about the complaint. Second-hand knowledge or opinions are not useful as evidence.

Learn about preparing an affidavit – SupremeCourtBC.ca

Witnesses are most useful when they add new, relevant information. Second-hand information (hearsay) may carry less weight or be excluded. BCFIRB may also exclude witnesses who are late, not relevant, or repetitive of other testimony.

Panels generally give more weight to direct, firsthand knowledge. This may include someone who can:

• Show the farm activity is normal or consistent with industry practice
• Provide neutral or independent findings (inspectors, professionals, consultants)
• Have long-term or regular knowledge of the operation
• Confirm there was no unusual impact on them or the community

Focused, factual testimony helps the panel understand the evidence. You should:

• Review the facts that must be proven and what each witness can address
• Confirm what they remember and are prepared to say
• Prepare a summary of the topics they will cover
• Ensure they understand what they’ll be asked
• Remind them to stick to facts, not opinions or speculation

Learn how to question witnesses

Experts can provide neutral, fact-based assessments about their areas of expertise.

If you are asking someone to testify as an expert, the panel will ask them to explain their credentials and relevant experience. The panel will decide whether to accept their testimony as an expert opinion.

If you hire an expert, you must send the report to BCFIRB and the other parties at least 30 calendar days before a hearing

Learn about submitting expert reports

• What the activity is
• When and how often it happens
• Why it’s done that way (production needs, animal health, regulatory requirements)
• How it compares to similar farms in your sector
• What steps you’ve taken to minimize impacts on neighbours
• How the activity is consistent with similar farms, industry codes or expert advice

• The activity is part of their farm operation
• It is consistent with how similar farms operate under similar conditions
• It is necessary to protect crops, animals, operations, or meet regulatory requirements
• You have taken reasonable steps to reduce impacts where possible
• Your practice aligns with accepted norms and standards in your sector

• Review the other party’s evidence and witness list
• Think about what each witness is likely to say
• Identify areas where their version of events differs from yours
• Write down the questions you want to ask, especially where you want clarification

• Take notes while the witness is testifying
• Focus on what was said, listening for anything unclear, missing, or inconsistent
• Ask short, focused questions to test what the witness knows or remembers
• If needed, ask for a short break to prepare your questions

Summarize the strongest, clearest evidence that supports your case. Focus on the main facts, not every detail.

For example, you can also point out:

• How the evidence supports your version of events
• If your evidence was more consistent, reliable or better supported
• If the other party’s evidence was unclear, inconsistent or missing important information

Explain how the evidence relates to the main questions. Is the activity a normal farm practice, based on what similar farms do in similar situations?

You might explain how your farm practice follows accepted customs or industry standards, and what steps you’ve taken to reduce impacts.

Avoid emotional arguments or focusing on personal frustration. The panel focuses on facts, not feelings.

Be specific. The panel needs to know exactly what outcome you’re asking for. For example, a finding that the activity is a normal farm practice and dismiss the complaint.