Right to Farm

The Right to Farm in British Columbia is established under the Farm Practices Protection (Right to Farm) Act, RSBC 1996, c. 131. This statute protects farmers who carry on normal farm practices in a reasonable manner from nuisance-related complaints or civil actions arising from impacts such as odour, noise, dust, or other disturbances associated with agricultural operations.

Right to Farm protections under the Farm Practices Protection (Right to Farm) Act apply to farm operations conducted on agricultural land, which includes land within the Agricultural Land Reserve (ALR) administered by the Agricultural Land Commission under the Agricultural Land Commission Act (SBC 2002, c. 36), as well as land designated for farm use in approved municipal or regional district zoning. Buyers and licensees should verify with the ALC and the relevant local government whether a specific parcel qualifies.

Under the Farm Practices Protection (Right to Farm) Act, a person cannot succeed in a civil action for nuisance against a farmer whose operation constitutes a normal farm practice carried on in a reasonable manner, even if that practice causes odour, noise, dust, or similar impacts. However, this protection does not apply if the farm practice is not a 'normal farm practice' or is not conducted reasonably, in which case ordinary civil remedies may still be available.

The Farm Practices Protection (Right to Farm) Act defines a normal farm practice as a practice that is conducted in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations under similar circumstances, and may include the use of innovative technology or techniques. The BC Farm Industry Review Board (BCFIRB) is the body responsible for determining whether a specific practice qualifies as a normal farm practice when a complaint is filed.

The BC Farm Industry Review Board (BCFIRB), established under the Farm Practices Protection (Right to Farm) Act, is the adjudicative body that investigates and resolves complaints from non-farmers who are negatively affected by a neighbouring farm operation. BCFIRB determines whether the farm practice in question is a normal farm practice; if it is, the complaint is dismissed and the farmer retains protection from civil liability.

BC real estate licensees are required under the Real Estate Services Act (RESA) and BCFSA conduct obligations to disclose known material latent defects and material facts that could affect a buyer's decision. A neighbouring farm protected under the Farm Practices Protection (Right to Farm) Act—and the potential for associated odour, noise, or dust—may constitute a material fact that a licensee must bring to a buyer's attention, particularly when purchasing residential property adjacent to or near designated agricultural land.

Being located within or adjacent to the Agricultural Land Reserve (ALR) under the Agricultural Land Commission Act (SBC 2002, c. 36) significantly increases the likelihood that neighbouring land will be used for active farm operations, and those operations may carry Right to Farm protection under the Farm Practices Protection (Right to Farm) Act. Prospective buyers should investigate the agricultural status of surrounding parcels and understand that normal farm practices on those parcels may be legally protected from nuisance complaints.

The Farm Practices Protection (Right to Farm) Act protects farmers from nuisance-based civil actions and complaints regarding normal farm practices, but it does not override all local government authority; local governments retain jurisdiction over land use, zoning, and development approvals. However, the Act does limit the ability of local governments to use nuisance-type bylaws to restrict normal farm practices on land used for farm operations, particularly within the ALR.

The Farm Practices Protection (Right to Farm) Act does not protect farm practices that cause pollution of water, contamination of soil, or other impacts regulated under environmental statutes such as the Environmental Management Act. Additionally, practices that are not carried on in a reasonable manner or that do not meet the standard of a normal farm practice as determined by BCFIRB are not shielded from civil liability or regulatory enforcement.

A BC real estate licensee acting in accordance with BCFSA conduct standards under the Real Estate Services Act (RESA) should ensure the buyer client understands that properties near active farm operations may be subject to legally protected Right to Farm impacts under the Farm Practices Protection (Right to Farm) Act, including odour, noise, and dust. The licensee should provide factual, neutral information about the Act and the role of BCFIRB, and recommend the buyer seek independent legal advice and consult the ALC and relevant local government regarding the agricultural designation of neighbouring lands before completing the purchase.