Download This PaperRight-to-Farm Legislation in Canada: Exceptional Protection for Standard Farm Practices
32 Pages Posted: 30 Apr 2020
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Right to Farm Legislation in Canada: Exceptional Protection for Standard Farm Practices
Date Written: 2018
Abstract
Right-to-farm legislation (RTF) emerged during the 1970s and ’80s in response to concerns about land-use conflicts between a rapidly industrializing agricultural sector, developing residential and commercial peri-urban and rural areas, and rural communities. As the threat of nuisance suits exerted pressure on agricultural producers to discontinue operations with adverse offsite impacts, small farmers and agribusiness both turned to their legislatures for help. The primary function of RTFs is to create legislative protection for farmers against civil liability for nuisance. These statutes block litigation through the common law of nuisance in one of two ways: either the dispute must first be addressed to the administrative board of that province, or the statute directly bars liability if the practice in question conforms to a legislatively defined standard. In general, RTFs replace the civil fault standard of reasonableness with the standard of adherence to “normal” or “standard” farm practices.
This paper examines the authority and legitimacy of RTFs in Canada today. First, the paper describes how adherence to “normal” or “standard” farm practices has been legislatively defined and interpreted by admin- istrative boards. Second, the paper raises normative concerns about how normalcy has been defined to date, especially when “standard” industry practices are increasingly understood to be unsustainable and harmful. Third, the paper raises issues of accountability and legitimacy as RTFs replace civil litigation with administrative procedures and mediation. It concludes with recommendations for addressing these normative and procedural concerns.
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