The development and effects of the Ontario Farming and Food Production Protection Act, 1998

Ontario’s Farming and Food Production Protection Act, 1998, protects farmers from nuisance actions arising from agricultural methods that are considered “normal farm practices”. Similar “right-to-farm” legislation exists in all Canadian provinces. It demonstrates the government’s desire to protect the agricultural industry, likely for food security and economic reasons, and a willingness to prioritize its needs before those of nearby landowners with possible nuisance complaints. This legislation shifts the definition of “reasonable” used in nuisance complaints from farm neighbours to the farmer. It also transfers power from the courts to government agencies. The processes undertaken by agencies such as Ontario’s Normal Farm Practices Protection Board may be less lengthy, expensive and adversarial than court litigation