Farm rights and responsibilities

Appeals and complaints / Farm practices complaints / Farm rights and responsibilities

What the “Right to Farm” means

The Farm Practices Protection (Right to Farm) Act (FPPA) helps balance the needs of farmers and their neighbours.

The FPPA:

  • Protects farmers from nuisance complaints, court orders, lawsuits, and some bylaw enforcement
  • Allows neighbours to file a complaint if a nearby farm business causes disturbances like odour, noise, or dust

When farm operations are protected

To be protected under the Act, a farmer must meet all the conditions listed in Section 2 of the FPPA:

If any of these aren’t met, the farm may not be protected and and could be ordered to change or stop the activity.

Normal farm practices

Under the Farm Practices Protection (Right to Farm) Act, farmers may be protected from nuisance complaints if the activity is a “normal farm practice”.

What qualifies as normal can vary depending on the type of farm, the activity, and how it’s carried out.

BCFIRB decides whether a farm practice is “normal” on a case-by-case basis. Both the farmer and the person affected can submit evidence and take part in a formal hearing before a decision is made. Learn about possible outcomes

What counts as normal

In general, a normal farm practice:

  • Is commonly done by other farms in similar situations
  • Follows accepted farming methods
  • Is carried out properly and safely
  • Meets environmental and health regulations

What’s not protected

Even common farm practices may not be protected if it:

  • Causes excessive disturbance
  • Is not carried out properly

Resources to understand normal farm practices

Examples of normal farm practices

The examples below are for reference only. BCFIRB decides what qualifies as normal farm practice on a case-by-case basis.

Crop spraying

Safely using approved chemicals for pest control according to regulations

Chemical sprays drifting onto neighbouring properties due to unsafe practices

Noise

Using propane cannons to scare away birds at reasonable hours and intervals

Continuous firing of propane cannons all day with no breaks

Fertiliser

Spreading manure or fertilisers in a way that minimizes odour and runoff

Excessive fertiliser use causing runoff or strong odours disturbing the community

How BCFIRB can help

  • Help resolve disputes through mediation or a formal hearing
  • Decide whether the activity is a normal farm practice
  • Order the farm to stop or change the activity, if needed

All final decisions are legally binding and may be subject to judicial review by the B.C. Supreme Court.

BCFIRB can only review complaints if all of the following are true:

  • You are directly affected
    You are personally experiencing the disturbance
  • It results from a farm practice
    The disturbance (odour, noise, dust, light, pests, etc.) is caused by a farming practice, such as using machinery, raising livestock, or storing manure
  • It involves a farm business
    The activity is part of a working farm operated to earn income
  • It’s on designated farmland
    The farm is on land zoned or designated for farming
  • It’s within our authority
    The issue isn’t already covered by another provincial or government authority

    Issues that BCFIRB can’t address

    We can’t review:

    • Complaints about hobby farms or personal property use
    • Issues not related to farm business activity
    • Matters overseen by other provincial or local government authorities

    Learn what qualifies as a farm business

    Contact the right agency

    Contact the appropriate agency if your concern is about:

    What qualifies as a farm business

    We only review complaints involving farm businesses.

    If the issue isn’t connected to a farm business, it’s outside our authority and is not protected by the Farm Practices Protection (Right to Farm) Act (FPPA).

    For nuisance or bylaw issues not related to a farm business, contact your local government.

    Qualifies as a farm business

    A farm business is a working farm operated to earn income. It usually involves:

    • Farming to sell products or earn profit
    • Commercial activity, like regular sales or farm tax status
    • A scale of operation that fits with the type of product being produced

    What doesn’t qualify

    BCFIRB does not review complaints about:

    • Hobby farms or lifestyle farms with no intent to sell products
    • Private gardens or animals kept for personal enjoyment
    • Non-farming activity (commercial or personal activities not connected to farm operations)

    How to resolve an issue

    1. Direct resolution: Attempt to resolve the issue directly with the farmer first
    2. Formal complaint: If unresolved, you may be able to file a complaint. BCFIRB may help you and the farmer resolve the issue through mediation or a formal hearing

    If you need help

    If you have any concerns or are unsure about any part of the process, BCFIRB staff can guide you.