AGRICULTURAL OPERATION PRACTICES ACT (RSA 2000 cA-7)

RSA 2000 cA-7

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter A-7 Current as of June 23, 2025 AGRICULTURAL OPERATION PRACTICES ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Agricultural Operation Practices Act that are filed as Alberta Regulations under the Regulations Act. Alta. Reg.

Amendments Agricultural Operation Practices Act Agricultural Operation Practices Act Administrative Procedures ....................... 106/2017 ......... 218/2022 Agricultural Operations,

Part 0.1 and

Part 1 Matters ..................................................... 184/2019 Agricultural Operations,

Part 2 Matters ..................................................... 257/2001 ......... 90/2004, 193/2006, 24/2014, 108/2017, 265/2020, 139/2025 Standards and Administration ........................ 267/2001 ......... 84/2003, 85/2004, 215/2006, 306/2006, 35/2007, 68/2008, 170/2012, 31/2014, 119/2017, 290/2020, 146/2025

1 AGRICULTURAL OPERATION PRACTICES ACT

Chapter A-7 Table of Contents 1

Definitions 1.1 Records

Part 0.1 Insurance re Farming and Ranching Workers 1.2 Choice of coverage 1.3 Insurance referral to pra ctice review committee 1.4 Regulations

Part 1 Nuisance 2 Nuisance claims 3 Application re disturbance 4 Referral 5 Practice review committee 6 Powers, immunity 7 Procedure 8 Investigation, mediation 9 Committee recommendation

Part 2 Livestock and Manure 10 Approval officers 11 Inspectors 12 Board delegation 13 Approval, registration required 14 Authorization required 15 Manure, organic materials, compost application 16 Seasonal feeding and bedding site

RSA 2000

Section 1

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 2 17 Variance 18 Application for approval, regis tration, authorization and amendments 18.1 Deemed approvals, registra tion and authorizations 19 Approval notification, d irectly affected parties 20 Considerations on approvals 21 Registration, authorization noti fication, directly affected parties 22 Considerations on regist rations, authorizations 23 Approval officer amendments 24 Board, approval officers, powers 25 R e v i e w 26 Co-operative reviews 27 Appeal 28 Selling, etc., approvals, registration or authorization 29 Cancellation 30 Access to premises 31 Order to allow inspection 32 Additional fine where monetary benefits acquired by offender 3 3 Continuing offences 3 4 -36 Offences 37 Defence 38 Limitation period 38.1 Request for committee 39 Enforcement orders by Board 40 Amendment of enforcement orders 41 Review and cancellation of enforcement order 42 Court order to comply with enforcement order 42.1 Emergency order 42.2 Failure to comply with an emergency order 43 Joint and several liability

Part 3 Regulations 44 Regulations 44.1 Ministerial codes, etc. 45 Transitional regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act,

RSA 2000

Section 1

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 3 (a) “affected person” means, i n

Part 2, a person or municipality determined in accordance with the regulations to be an affected person; (a.1) “agricultural land” means (

i) land the use of which for a griculture is either a permitted or discretionary use under the land use bylaw of the municipality or Metis settlement in which the land is situated or is permitted pursuant to

section 643 of the Municipal Government Act, (ii) land that is subject to an approval, registration or authorization, or (iii) land described in an AL SA regional plan, or in a conservation easement, conservation directive or TDC scheme as those terms are defined in the Alberta Land Stewardship Act, that is protected, conserved or enhanced as agricultural land or land for agricultural purposes; (b) “agricultural operation” m eans an agricultural activity conducted on agricultural land for gain or reward or in the hope or expectation of gain or reward, and includes (

i) the cultivation of land, (ii) the raising of livestock, including diversified livestock animals within the meaning of the Livestock Industry Diversification Act and poultry, (iii) the raising of fur-bearin g animals, pheasants or fish, (iv) the production of agricultural field crops, (

v) the production of fruit, vegetables, sod, trees, shrubs an d other specialty horticultural crops, (vi) the production of eggs and milk, (vii) the production of honey, (viii) the operation of agricultural machinery and equipment, including irrigation pumps, (ix) the application of fertili zers, insecticides, pesticides, fungicides and herbicides, including application by ground and aerial spraying, for agricultural purposes,

RSA 2000

Section 1

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 4 (

x) the collection, transportation, storage, application, use, transfer and disposal of manure, organic materials and compost, and (xi) the abandonment and reclamation of confined feeding operations and manure storage facilities; (b.1) “apply manure, organic m aterials or compost” means to spread manure, organic materials or compost on agricultural land, or to spread manure, organic materials or compost on and to incorporate or inject manure, organic materials or compost into agricultural land; (b.2) “approval” means an approval under

Part 2; (b.3) “approval officer” means a person appointed as an approv al officer under

Part 2; (b.4) “authorization” means an authorization under

Part 2; (b.5) “Board” means the Natural Resources Conservation Board; (b.51) “compost” means a solid mature product resulting from composting but does not include compost to which the Fertilizers Act (Canada) applies; (b.52) “composting” means a c ontrolled process of aerobic decomposition of organic matter that includes a thermophilic phase; (b.53) repealed 2025 c4 s2; (b.6) “confined feeding operatio n” means fenced or enclosed land or buildings where livestock are confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing and any other building or structure directly related to that purpose but does not include residences, livestock seasonal feeding and bedding sites, equestrian stables, auction markets, race tracks or exhibition grounds; (b.7) “development permit” means a development permit issued pursuant to

Part 17 of the Municipal Government Act; (b.701) “digestate” me ans any liquid or solid material formed as a by-product resulting from anaerobic digestion using organic materials and proportions of those materials permitted by the regulations; (b.71) “family member”, in relation to a shareholder, sole proprietor or partner, means

RSA 2000

Section 1

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 5 (

i) the spouse or adult inte rdependent partner of the shareholder, sole proprietor or partner, or (ii) whether by blood, marriage or adoption or by virtue of an adult interdependent relationship, a child, parent, grandparent, sibling, aunt, uncle, niece, nephew or first cousin of the shareholder, sole proprietor or partner or of the shareholder’s, sole proprietor’s or partner’s spouse or adult interdependent partner; (b.72) “farming or ranching employer” means the employer of a farming or ranching worker; (b.73) “farming or ranching industry” means an industry listed in

Schedule D of the Workers’ Compensation Regulation (AR 325/2002); (b.74) “farming or ranching operation” means a farming or ranching employer’s operation in a farming or ranching industry; (b.75) “farming or ranching worker” means a worker in a farmin g or ranching industry when working on a farming or ranching operation, but does not include the following persons when working on a farming or ranching operation: (

i) a person to whom no wages, as defined in the Employment Standards Code, are paid for the performance of farming or ranching work; (ii) a person to whom wages, as defined in the Employment Standards Code, are paid for the performance of farming or ranching work and who is (

A) a shareholder of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family, (

B) a family member of a sha reholder of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family, (

C) a family member of a sole proprietor engaged in a farming or ranching operation, or (

D) a family member of a partner in a partnership engaged in a farming or ranching operation where all partners are family members of the same family;

RSA 2000

Section 1

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 6 (b.8) “generally accepted agri cultural practice” means a practice that is conducted in a manner consistent with appropriate and accepted customs and standards as established and followed by similar agricultural operations under similar circumstances, and without restricting the generality of the foregoing includes the use of innovative technology used with advanced management practices; (b.9) “inspector” means a person appointed as an inspector und er

Part 2; (b.91) “intermunicipal development plan” means an intermunicip al development plan within the meaning of the Municipal Government Act; (c) “land use bylaw” means a lan d use bylaw as defined in

Part 17 of the Municipal Government Act or a bylaw respecting land use that is in effect in a Metis settlement; (c.1) “livestock” means poultr y, horses, cattle, sheep, swine, goats, bison, fur-bearing animals raised in captivity and diversified livestock animals within the meaning of the Livestock Industry Diversification Act; (c.2) “manure” means livestock excreta, associated feed losses , bedding, litter, soil and wash water, but does not include manure to which the Fertilizers Act (Canada) applies; (c.21) “manure collection area” means the floor of a barn, the under-floor pits of a barn, the floor of a feedlot pen and a catch basin where manure, organic materials or compost, or runoff from any one of these or any combination of these, collects but does not include the floor of a livestock corral; (c.3) “manure storage facility” means a facility for the storage of manure, organic materials and compost and a facility for composting but does not include such a facility at an equestrian stable, an auction market, a race track or exhibition grounds; (d) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (d.1) “ministry” means a department administered by a minister and any Provincial agency and Crown-controlled organization for which that minister is responsible;

RSA 2000

Section 1

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 7 (d.2) “municipal development plan” means a municipal development plan within the meaning of the Municipal Government Act; (e) “nuisance” includes an activity that (

i) arises from unr easonable, unwarranted or unlawful use by a person of the person’s own property that causes obstruction or injury to the right of another person or to the public and produces such material annoyance, inconvenience and discomfort that damage will result, (ii) creates smoke, odour, noise or vibration that interferes with the reasonable and comfortable use of a person’s property, or (iii) is found to be a nu isance at common law; (e.1) “organic ma terials” means (

i) organic substances gener ated by any agricultural operation described in clause (b)(ii), (iv), (

v) or (vi), other than carcasses or parts of carcasses, (ii) digestate, and (iii) other substances permitted by the regulations; (f) “owner or operator”, whe n used with reference to an agricultural operation, means (

i) the owner and previous owner of an agricultural operation or the land where it is or was situated, (ii) every person who has or h as had charge, management or control of an agricultural operation or the land where it is or was situated, (iii) any successor, assignee, executor, administrator, receiver, receiver-manager or trustee of a person referred to in subclause (

i) or (ii), and (iv) a person who acts as the p rincipal or agent of a person referred to in subclause (i), (ii) or (iii); (f.1) “parcel of land” means par cel of land as defined in

Part 17 of the Municipal Government Act; (g) “practice review committee” means an agricultural practice review committee appointed under

Part 1;

RSA 2000

Section 1.1

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 8 (h) “registration” means a registration under

Part 2; (i) “seasonal feeding and bedding site” means an over-wintering site where livestock are fed and sheltered; (j) “working days” does not include (

i) Saturdays, (ii) Sundays, (iii) New Year’s Day , Alberta Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Labour Day, Remembrance Day and Christmas Day, (iv) the birthday or the day fixed by proclamation for the celebration of the birthday of the reigning sovereign, (

v) December 26, or when tha t falls on a Sunday or a Monday, then December 27, (vi) any day appointed by proclamation of the Governor General in Council or by proclamation of the Lieutenant Governor in Council for a public holiday or for a day of fast or thanksgiving or as a day of mourning, and (vii) with reference to any par ticular part of Alberta, the day in each year that may by proclamation of the Lieutenant Governor in Council be appointed as a public holiday for that part of Alberta for the planting of forest or other trees.

RSA 2000 cA-7 s1;2001 c16 s2;2003 c26 s19;2004 c14 s2; 2009 cA-26.8 s70;2013 cF-14.5 s17;2011 c12 s33;2019 c19 s1; 2025 c4 s2 Records 1.1(1) An owner or operator who is required to create, submit or retain records (

a) by the regulations must do so in accordance with the regulations, or (

b) by an approval, registration or authorization must do so i n accordance with the approval, registration or authorization.

(2) A person shall not create, submit or retain a record that contains false or misleading information. 2001 c16 s3

RSA 2000

Section 1.2

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 9

Part 0.1 Insurance re Farming and Ranching Workers Choice of coverage 1.2(1) A farming or ranching employer must ensure that the farming or ranching workers employed by the farming or ranching employer either (

a) have private insurance coverage authorized by the regulations, or (

b) have coverage under the Workers’ Compensation Act.

(2) Despite subsection (1), this Part does not apply with respect to farming or ranching workers who are employed in a farming or ranching operation, or to a farming or ranching employer while acting in the capacity of employer of those workers, if the operation employs 5 or fewer workers, not including (

a) family members, and (

b) farming or ranching workers who are employed by the farming or ranching employer for fewer than 6 consecutive months. 2019 c19 s1 Insurance referral to practice review committee 1.3(1) The Minister may on receipt of a written request from a person or on the Minister’s own initiative request consideration as to a farming or ranching employer’s compliance with

section 1.2 and the regulations under this Part.

(2) A written request under subsection (1) must be in writing and must contain a statement of the nature of the request, the name and address of the applicant, the location of the farming or ranching operation, the name and address of the farming or ranching employer, if known, and the steps taken, if any, to resolve the matter.

(3) The parties to a request under subsection (1) are the applicant, the farming or ranching employer and any other person the Minister considers appropriate. 2019 c19 s1 Regulations 1.4 The Lieutenant Governor in Council may make regulations (

a) defining any word or expression used in this Part but not defined;

RSA 2000

Section 2

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 10 (

b) respecting the private in surance referred to in

section 1.2(1)(a), including, but not limited to, the type and amount of insurance required; (

c) respecting the proof of private insurance referred to in

section 1.2(1)(

a) and any other information that may or must be provided in respect of this Part. 2019 c19 s1

Part 1 Nuisance Nuisance claims 2(1) A person who carries on an agricultural operation and who, in respect of that operation, does not contravene (

a) the land use bylaw of the municipality or Metis settlement in which the agricultural operation is carried on, (

b) the regulations or an approval, registration or authorizat ion, or (

c) the generally accepte d agricultural practice is not liable to any person in an action in nuisance resulting from the agricultural operation and is not to be prevented by injunction or other order of a court from carrying on the agricultural operation because it causes or creates a nuisance.

(1.1) If subsection (1)(

a) is contravened but the contravention is authorized by an approval, authorization or registration; the approval, authorization or registration prevails over the land use bylaw with which it conflicts. (2) Subsection (1) continues to apply notwithstanding that one or more of the following occur: (

a) the land use bylaw of the municipality or Metis settlement in which the agricultural operation is carried on changes; (

b) the ownership of the ag ricultural land on which the agricultural operation is carried on changes; (

c) the agricultural operation is carried on by other persons; (

d) the use of land adjacent to t he land on which the agricultural operation is carried on changes.

(3) Where a plaintiff or claimant in a proceeding against a person who carries on an agricultural operation

RSA 2000

Section 3

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 11 (

a) claims damages in nuisance resulting from the agricultural operation, or (

b) applies for an injunction or other order of a court preven ting or restricting the carrying on of the agricultural operation because it causes or creates a nuisance, the onus of proving that the defendant contravened the land use bylaw, regulation, approval, registration, authorization or practice referred to in subsection (1) is on the plaintiff or claimant, as the case may be.

(4) In an action in nuisance against a person who carries on an agricultural operation, a court may (

a) order the party that comm enced the action to furnish security for costs in any amount the court considers proper; (

b) award costs in the action. RSA 2000 cA-7 s2;2001 c16 s4;2009 c53 s11 Application re disturbance 3(1) A person who is aggrieved by, or an owner or operator who is aware that a person is aggrieved by, any odour, noise, dust, smoke or other disturbance resulting from an agricultural operation may apply in writing to the Minister to request consideration of whether the disturbance results from a generally accepted agricultural practice.

(2) An application under subsection (1) must be in writing and must contain a statement of the nature of the disturbance, the name and address of the applicant, the location of the agricultural operation, the name and address of the owner or operator, if known, the name and address of the person who is aggrieved and the steps taken by the applicant, if any, to resolve the disturbance.

(3) The parties to an application are the applicant, the owner or operator or the person aggrieved and any other person the Minister considers appropriate.

(4) A person shall not commence an action in nuisance for any odour, noise, dust, smoke or other disturbance resulting from an agricultural operation unless an application has been made under this

section with respect to the disturbance at least 90 working days previously. 2001 c16 s5

RSA 2000

Section 4

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 12 Referral 4 The parties to a referral to the Minister under

section 38.1 are the Board, the owner or operator about whom the referral is made and, if a practice review committee is appointed to consider the referral, any other person the practice review committee considers to be directly affected. 2001 c16 s5;2004 c14 s3;2017 c16 s3 Practice review committee 5(1) On receipt of a request under

section 1.3, an application under

section 3 or a referral under

section 38.1, the Minister may (

a) refuse to consider the reque st, application or referral if, in the Minister’s opinion, (

i) the subject-matter of the request, application or referral is without merit, frivolous or vexatious, (ii) the subject-matter of the request, application or referra l has already been considered by a practice review committee, (iii) the subject-matter of the a pplication or referral is the subject-matter of an enforcement order under

section 39, a review being held by the Board under

section 41 or an emergency order under

section 42.1, (iv) the request, application or referral is not made in good faith, or (

v) the applicant or person aggrieved does not have a sufficient connection to the subject-matter of the application, o r (

b) appoint as an agricultura l practice review committee to consider the request, application or referral, (

i) in the case of a request under

section 1.3, up to 3 qualified persons, and (ii) in the case of an application under

section 3 or referral under

section 38.1, 3 persons, 2 of whom must have experience in the type of farming operation to which the application or referral relates.

(2) One or more practice review committees may exist and consider requests, applications and referrals and mediate at the same time.

RSA 2000

Section 6

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 13

(3) The Minister may appoint from among the members of a practice review committee the chair of the practice review committee.

(4) The members of a practice review committee may be paid remuneration for the performance of their duties as members of the practice review committee and travelling and living expenses while absent from their ordinary places of residence in the course of their duties as members of the practice review committee at the rates prescribed by the Minister. 2001 c16 s5;2004 c14 s4;2019 c19 s1 Powers, immunity 6(1) The members of a practice review committee have the same powers and privileges as a commissioner under the Public Inquiries Act.

(2) No action or proceeding may be brought against a member of a practice review committee in respect of any act or thing done in good faith under this Act. 2001 c16 s5 Procedure 7(1) The Minister may determine the practice and procedures of a practice review committee, but a practice review committee must give opportunity to the parties to present information and make representations.

(2) The Regulations Act does not apply to the practices and procedures.

(3) On being assigned consideration of an application or referral, a practice review committee must notify the parties of the assignment and any other matters the practice review committee considers necessary. 2001 c16 s5 Investigation, mediation 8(1) A practice review committee, when acting as a mediator, may assist the parties in reaching their own mutually acceptable settlement by structuring negotiations, facilitating communication and identifying the issues and interests of the parties.

(2) The practice review committee may inquire into and assist the parties in resolving the matter and, if the matter is not resolved, may recommend to the Minister (

a) whether a farming or ranching employer is in compliance with

section 1.2 and the regulations, or

RSA 2000

Section 9

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 14 (

b) what should constitute a g enerally accepted agricultural practice in respect of an agricultural operation. 2001 c16 s5;2019 c19 s1 Committee recommendation 9(1) If the parties enter into an agreement to resolve the dispute or if a practice review committee makes recommendations, the practice review committee must provide a written copy of the agreement or of its recommendations to the Minister, to each of the parties and to any other person or organization the Minister directs.

(2) In any proceeding arising out of a matter giving rise to an application under this Part, a certificate purporting to be signed by a person authorized by the Minister to issue such a certificate stating that the document attached to the certificate is a true copy of an agreement entered into by the parties, or of recommendations issued under subsection (1) by a practice review committee, may be admitted into evidence, in the absence of evidence to the contrary, of the agreement or recommendations without proof of the signature or official character of the person signing it, the parties to the agreement or the practice review committee members and, if admitted into evidence, must be considered in the proceeding. 2001 c16 s5;2004 c14 s5

Part 2 Livestock and Manure Approval officers 10 The Board may appoint persons as approval officers for the purposes of this Part. 2001 c16 s5 Inspectors 11(1) The Board may appoint persons as inspectors for the purposes of this Part.

(2) While exercising the powers and duties of an inspector under this Part an inspector must, on request, produce identification in accordance with the regulations and provide information on the powers and duties to inspect under this Part. 2001 c16 s5 Board delegation 12 The Board may delegate any of its powers and duties under this Part or the regulations to approval officers and inspectors except the power to make regulations or to hold a review. 2001 c16 s5

RSA 2000

Section 13

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 15 Approval, registration required 13(1) No person shall commence construction or expansion of a confined feeding operation for which an approval or registration is required pursuant to the regulations unless that person holds an approval or registration.

(2) A person who holds an approval or registration must comply with and operate in accordance with the terms and conditions of the approval or registration. 2001 c16 s5 Authorization required 14(1) No person shall commence construction, expansion or modification of a manure storage facility or manure collection area for which an authorization is required pursuant to the regulations or commence construction, expansion or modification of a manure storage facility for manure or organic materials that are in a predominantly liquid state or manure or organic materials to which water has been added unless (

a) the person holds an authorization that authorizes the construction, expansion or modification, or (

b) the person holds an approva l or registration that authorizes the construction, expansion or modification.

(2) A person who holds an authorization must comply with and operate in accordance with the terms and conditions of the authorization. 2001 c16 s5;2004 c14 s6;2025 c4 s3 Manure, organic materials, compost application 15 A person who applies manure, organic materials or compost must do so in a manner that does not contravene the regulations unless the person holds an approval, registration or authorization that contains a variance or contains a term or condition referred to in

section 18.1(4) that authorizes that manner of application. 2001 c16 s5;2004 c14 s7;2025 c4 s4 Seasonal feeding and bedding site 16 The owner or operator of a seasonal feeding and bedding site must construct, maintain, operate, reclaim and abandon it in accordance with the regulations. 2001 c16 s5 Variance 17(1) A person may apply to an approval officer for a variance of the requirements in the regulations respecting confined feeding operations, manure storage facilities or the collection,

RSA 2000

Section 18

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 16 transportation, storage, application, use, transfer or disposal of manure, organic materials or compost, and an approval officer may grant a variance if in the opinion of an approval officer the variance provides the same or a greater degree of protection and safety as that provided for by the regulations.

(1.1) A person who wishes to alter an existing building or structure at a confined feeding operation or manure storage facility may apply to an approval officer for a variance of the requirements in the regulations respecting confined feeding operations and manure storage facilities, and an approval officer may grant a variance despite the regulations if in the opinion of an approval officer the variance would provide a greater degree of protection and safety than currently exists at the confined feeding operation or manure storage facility.

(2) An approval officer may include a variance in an approval, registration or authorization.

(3) The Regulations Act does not apply to a variance.

(4) Compliance with a variance is deemed to be compliance with the requirements of the regulations it varies. 2001 c16 s5;2004 c14 s8;2025 c4 s5 Application for approval, registration, authorization and amendments 18(1) An application for an approval, registration or authorization or for an amendment of an approval, registration or authorization must be made to an approval officer in accordance with the regulations.

(2) An approval officer may determine whether an application is complete.

(3) If an application is not completed in accordance with the regulations, the approval officer may deny the application. 2001 c16 s5 Deemed approvals, registrations and authorizations 18.1(1) If a confined feeding operation or manure storage facility (

a) existed on January 1, 2002 with respect to which a licence, permit or other approval was not issued pursuant to the Public Health Act or with respect to which a development permit was not issued, (

b) existed on January 1, 2002 with respect to which a licence, permit or other approval was issued pursuant to the Public Health Act or with respect to which a development permit

RSA 2000

Section 18.1

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 17 was issued and that licence, permit, approval or development permit was in effect on January 1, 2002, or (

c) was constructed p ursuant to a development permit that was issued before January 1, 2002 or was issued as described in

section 10 of the Agricultural Operation Practices Amendment Act, 2001, the owner or operator of the confined feeding operation or manure storage facility is deemed to have been issued an approval, registration or authorization under this Act.

(2) The capacity allowed by a deemed approval or registration pursuant to (a) subsection (1)(

a) is the cap acity of the enclosures to confine livestock at the confined feeding operation on January 1, 2002, (b) subsection (1)(

b) is the capacity authorized by the licenc e, permit, approval or development permit or, if a capacity was not so authorized, the capacity of the enclosures to confine livestock at the confined feeding operation on January 1, 2002, and (c) subsection (1)(

c) is the capacity authorized by the development permit.

(3) The capacity allowed by a deemed authorization pursuant to (a) subsection (1)(

a) is the capacity of the manure storage facility on January 1, 2002, (b) subsection (1)(

b) is the capacity authorized by the licenc e, permit, approval or development permit or, if a capacity was not so authorized, the capacity of the manure storage facility on January 1, 2002, and (c) subsection (1)(

c) is the capacity authorized by the development permit.

(4) Subject to subsection (5), the terms and conditions of a deemed approval, registration or authorization are those in the licence, permit or other approval issued pursuant to the Public Health Act or in the development permit described in subsection (1), and the terms and conditions continue to apply despite the regulations until (

a) an enforcement order or an emergency order is issued with respect to the confined feeding operation or the manure storage facility, or

RSA 2000

Section 19

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 18 (

b) the terms or conditions a re amended when the deemed approval, registration or authorization is amended in accordance with this Act.

(5) If a development permit described in subsection (1) includes terms or conditions that require the permit holder or owner or operator to undertake tests or evaluations or to submit information to the municipality, the holder, owner or operator must continue to undertake the tests and evaluations but must submit the information to the Board for use in administering this Act. 2004 c14 s9 Approval notification, directly affected parties 19(1) On receipt of an application for an approval or an amendment of an approval, the approval officer may notify or require the applicant to notify the affected persons, and the approval officer may notify or require the applicant to notify persons and organizations who are to be notified under the Environmental Protection and Enhancement Act and the Water Act with respect to the subject-matter of the application under this

section and any other persons or organizations the approval officer considers appropriate.

(1.1) Despite subsection (1), if in the opinion of the approval officer the proposed amendment is related to a minor alteration to an existing building or structure at a confined feeding operation or manure storage facility that will result in a minimal change to its risk, if any, to the environment and a minimal change to a disturbance, if any, notification is not required under subsection (1).

(2) A notification under subsection (1) must be carried out in accordance with the regulations within the time period required by the regulations.

(3) An approval officer must make the application available for viewing during regular business hours by any member of the public for 15 working days after the date the application was determined to be complete.

(4) An affected person and any other person or organization that is notified under subsection (1), and any member of the public, may apply to an approval officer, with written reasons, within 20 working days after the date the application was determined to be complete, for a determination whether the affected person, the other person or organization or the member of the public is a directly affected party.

RSA 2000

Section 20

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 19

(5) An applicant under subsection (4) must provide, on the request of an approval officer, further information relevant to the application.

(6) Despite subsection (4), the applicant for an approval or amendment and the municipalities that are affected persons are directly affected parties.

(7) The approval officer must notify the affected person, organization or member of the public that applies under subsection (4) in writing of the approval officer’s determination whether the applicant is a directly affected party. 2001 c16 s5;2004 c14 s10;2025 c4 s6 Considerations on approvals 20(1) In considering an application for an approval or an amendment of an approval, an approval officer must consider whether the applicant meets the requirements of this Part and the regulations and whether the application is consistent with the municipal development plan land use provisions and any applicable intermunicipal development plan land use provisions, and if in the opinion of the approval officer, (

a) the requirements are not met or there is an inconsistency with the municipal development plan land use provisions or any applicable intermunicipal development plan land use provisions, the approval officer must deny the application, or (

b) there is no inconsistency with the municipal development plan land use provisions and any applicable intermunicipal development plan land use provisions and the requirements are met or a variance may be granted under

section 17 and compliance with the variance meets the requirements of the regulations, the approval officer (

i) must consider matters that would normally be considered if a development permit were being issued, (ii) may make, or require the a pplicant to make, inquiries and investigations and prepare studies and reports, (iii) must give directly affected parties a reasonable opportunity to review the information relevant to the application that is submitted to the approval officer and a reasonable opportunity to furnish evidence and written submissions relevant to the application,

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Section 20

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 20 (iv) may hold meetings and oth er proceedings with respect to the applications, (

v) may provide or facilitate mediation among directly affected parties, (vi) must consider the effects the proposed approval or amended approval may have on natural resources administered by ministries, (vii) must consider the following if available when the application for approval is considered: any applicable statement of concern submitted under

section 73 of the Environmental Protection and Enhancement Act or under

section 109 of the Water Act and any written decision of the Environmental Appeals Board or the Director under the Water Act in respect of the subject-matter of the approval, (viii) may consider any evidence that was before the Environmental Appeals Board or the Director under the Water Act in relation to the written decision referred to in subclause (vii), and (ix) must consider the effects on the environment, the economy and the community and the appropriate use of land.

(1.1) In considering under subsection (1) whether an application is consistent with the municipal development plan land use provisions and any applicable intermunicipal development plan land use provisions, an approval officer shall not consider any provisions respecting tests or conditions related to the construction of or the site for a confined feeding operation or manure storage facility nor any provisions respecting the application of manure, organic materials or compost.

(1.2) In considering whether an application for an amendment to an approval meets the requirements of the regulations, an approval officer (

a) shall not consider whether the existing buildings and structures meet the requirements of the regulations unless in the opinion of the approval officer the existing buildings and structures may cause a risk to the environment, but

RSA 2000

Section 20

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 21 (

b) must consider whether the proposed expansion or alteration of an existing building or structure or any proposed new building or structure meets the requirements of the regulations.

(2) A Director under the Environmental Protection and Enhancement Act and the Director under the Water Act may disclose the statements of concern referred to in subsection (1)(b)(vii) to an approval officer and the approval officer may use the information in the statements of concern for the purposes of this Part.

(3) The approval officer may, under subsection (1)(b), (

a) deny the application, or (

b) grant an approval or an a mendment of an approval and impose terms and conditions on the approval or amendment including the terms and conditions that a municipality could impose if the municipality were issuing a development permit.

(4) The approval officer must provide a written copy of the decision under subsection (1)(

a) or (3) to the directly affected parties and the persons and organizations who were determined, under

section 19, not to be directly affected parties.

(5) A directly affected party may, within 10 working days of receipt of the decision under subsection (4), apply to the Board in accordance with the regulations for a review of the decision.

(6) A person or organization that was determined under

section 19 not to be a directly affected party may, with written reasons, (

a) within 10 working days of receipt of the decision under subsection (4), apply to the Board, with written reasons, for a review of whether the person or organization is a directly affected party, and (

b) apply to the Boa rd, in accordance with the regulations, for a review of the decision under subsection (4).

(7) An applicant under subsection (6)(

a) must provide, on the request of the Board, further information relevant to the application.

(8) The Board must notify the applicant under subsection (6)(

a) in writing of the Board’s determination whether the applicant is a directly affected party.

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Section 21

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 22

(9) If a person is determined under subsection (8) to be a directly affected party, the Board must consider the person’s application, if any, for a review of the decision under subsection (5).

(10) Despite anything in this section, in considering an application for an approval or an amendment of an approval, an approval officer must act in accordance with, and ensure that the application complies with, any applicable ALSA regional plan. 2001 c16 s5;2003 c42 s6;2004 c14 s11;2009 cA-26.8 s70;2025 c4 s7 Registration, authorization notification, directly affected parties 21(1) On receipt of an application for a registration, an amendment of a registration, an authorization or an amendment of an authorization, the approval officer must notify municipalities that are affected persons in accordance with the regulations, and in the case of an application for a registration or an amendment of a registration must notify the owners or occupants of land within the greater of 1/2 mile or the minimum distance separation, as determined in accordance with the regulations, of the parcel of land on which the confined feeding operation is located or is to be located, within the time period required by the regulations.

(1.1) Despite subsection (1), if in the opinion of the approval officer the proposed amendment is related to a minor alteration to a building or structure at a confined feeding operation or manure storage facility that will result in a minimal change to its risk, if any, to the environment and a minimal change to a disturbance, if any, notification is not required under subsection (1).

(2) The only directly affected parties of an application under subsection (1) are the applicant and the municipalities that are affected persons and affected persons determined to be directly affected parties under subsection (5).

(3) An owner or occupant notified under subsection (1) is an affected person who may, within 20 working days after the application was determined to be complete, (

a) apply, with written reasons , to an approval officer for a determination as to whether the affected person is a directly affected party, and (

b) make written submissions to an approval officer on the application respecting whether the application meets the requirements of the regulations.

(4) An applicant under subsection (3)(

a) must provide further information relevant to the application on the request of an approval officer.

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Section 22

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 23

(5) The approval officer must determine whether the applicant under subsection (3) is a directly affected party and notify the applicant in writing of the approval officer’s determination. 2001 c16 s5;2004 c14 s12;2025 c4 s8 Considerations on registrations, authorizations 22(1) In considering an application for a registration or an amendment of a registration, the approval officer must determine whether the applicant meets the requirements of this Part and the regulations and whether the application is consistent with the municipal development plan land use provisions and any applicable intermunicipal development plan land use provisions, and if, in the opinion of the approval officer, (

a) the requirements are not met or there is an inconsistency with the municipal development plan land use provisions or any applicable intermunicipal development plan land use provisions, the approval officer must deny the application, or (

b) the requirements are met and there is no inconsistency wit h the municipal development plan land use provisions and any applicable intermunicipal development plan land use provisions, the approval officer may grant a registration or an amendment of a registration and may impose terms and conditions on the registration or amendment, including the terms and conditions that a municipality could impose if the municipality were issuing a development permit.

(2) In considering an application for an authorization or an amendment of an authorization, the approval officer must determine whether the application is consistent with the municipal development plan land use provisions and any applicable intermunicipal development plan land use provisions and determine whether the applicant meets the requirements of this Part and the regulations and if, in the opinion of the approval officer, (

a) there is an inconsistency with the municipal development plan land use provisions or any applicable intermunicipal development plan land use provisions or the requirements are not met, the approval officer must deny the application, or (

b) there is no inconsistency with the municipal development plan land use provisions and any applicable intermunicipal development plan land use provisions and the requirements are met, or a variance may be granted under

section 17 and compliance with the variance meets the requirements of the regulations, the approval officer may grant an authorization

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Section 22

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 24 or an amendment of an authorization, may include a variance and may impose terms and conditions on the authorization or amendment including the terms and conditions that a municipality could impose if the municipality were issuing a development permit.

(2.1) In considering, under subsection (1) or (2), whether an application is consistent with the municipal development plan land use provisions and any applicable intermunicipal development plan land use provisions, an approval officer shall not consider any provisions respecting tests or conditions related to the construction of or the site for a confined feeding operation or manure storage facility nor any provisions respecting the application of manure, organic materials or compost.

(2.2) In considering whether an application for an amendment to a registration or authorization meets the requirements of the regulations, an approval officer (

a) shall not consider whether the existing buildings and structures meet the requirements of the regulations unless in the opinion of the approval officer the existing buildings and structures may cause a risk to the environment, but (

b) must consider whether the proposed expansion or alteration of an existing building or structure or any proposed new building or structure meets the requirements of the regulations.

(3) The approval officer must provide a written copy of a decision under subsection (1) or (2) to the directly affected parties.

(3.1) The approval officer must provide a written copy of a decision under subsection (1) or (2) to the affected persons described in

section 21(3).

(4) A directly affected party may, within 10 working days of receipt under subsection (3), of a copy of a decision, apply to the Board, in accordance with the regulations, for a review of the decision.

(5) An affected person who was determined under

section 21(5) not to be a directly affected party may, with written reasons, (

a) within 10 working days of receipt of the decision under subsection (3.1), apply to the Board for a review of whether the affected person is a directly affected party, and

RSA 2000

Section 23

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 25 (

b) apply to the Boa rd, in accordance with the regulations, for a review of the decision under subsection (1) or (2).

(6) An applicant under subsection (5)(

a) must provide further information relevant to the application on the request of the Board.

(7) The Board must determine whether an applicant under subsection (5) is a directly affected party and notify the applicant in writing of the Board’s determination.

(8) If an applicant is determined under this

section to be a directly affected party, the Board must consider the applicant’s application under subsection (5)(b), if any, for a review of the decision.

(9) Despite anything in this section, in considering an application for a registration or an amendment to a registration, an approval officer must act in accordance with, and ensure that the application complies with, any applicable ALSA regional plan. 2001 c16 s5;2004 c14 s13;2009 cA-26.8 s70;2025 c4 s9 Approval officer amendments 23(1) Despite

section 18, an approval officer may, on the approval officer’s own motion on notifying the holder, amend an approval, registration or authorization.

(2) Section 20(1) and (3) apply to the amendment of an approval and

section 22(1) and (2) apply to an amendment of a registration or authorization under this section.

(3) The approval officer must provide a written copy of the decision to the directly affected parties, and a directly affected party may apply to the Board for a review of the amendment in accordance with

section 20(5) or

section 22(4). 2001 c16 s5 Board, approval officers, powers 24 An approval officer and the Board have all the powers, privileges and immunities of a commissioner appointed under the Public Inquiries Act. 2001 c16 s5 Review 25(1) The Board must, within 10 working days of receiving an application under

section 20(5), 22(4) or 23(3) and within 10 working days of the Board’s determination under

section 20(8) that a person or organization is a directly affected party,

RSA 2000

Section 25

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 26 (

a) dismiss the application for review, if in the opinion of t he Board, the issues raised in the application for review were adequately dealt with by the approval officer or the issues raised are of little merit, or (

b) schedule a review.

(2) Before conducting a review under subsection (1)(

b) the Board may, in accordance with the regulations, determine which matters included in the application for review will be included in the review, and in making that determination the Board may consider (

a) whether the matter is the s ubject of a public hearing or review under the Environmental Protection and Enhancement Act or the Water Act based on statements of concern filed under either of those Acts, (

b) whether the applicant for th e review under this Act received notice of and participated in or had the opportunity to participate in that hearing or review, (

c) whether other persons or organizations who are entitled to receive notice and be heard at a hearing under the Environmental Protection and Enhancement Act or the Water Act should receive notice and have the opportunity to participate in the Board’s review, (

d) any applicable and available written decision of the Direc tor under the Water Act or the Environmental Appeals Board in respect of the subject-matter of the approval, registration or authorization, and (

e) any applicable and availa ble statement of concern or evidence submitted to the Director under the Water Act or under

section 73 of the Environmental Protection and Enhancement Act.

(3) A Director under the Environmental Protection and Enhancement Act and the Director under the Water Act may disclose the statements of concern referred to in subsection (2) to the Board, and the Board may use the information in the statements for the purposes of this Part.

(4) In conducting a review the Board (

a) may arrange a mediation among the applicant and the directly affected parties, (

b) must give the directly a ffected parties a reasonable opportunity to review information relevant to the review,

RSA 2000

Section 25

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 27 (

c) must give the directly a ffected parties a reasonable opportunity to furnish evidence and written submissions relevant to the review, (

d) may hold meetings and other proceedings with respect to the review, (

e) in the case of an approval or an amendment of an approval, may hold hearings, (

f) may make, or require the applicant to make, inquiries and investigations and prepare studies and reports, (

g) must have regard to the municipal development plan and any applicable intermunicipal development plan but is not bound by either plan, (

h) may consider matters that would normally be considered if a development permit were being issued, (h.1) must consider r eports made by a practice review committee submitted at the review, (

i) must, in the case of an approval, consider how the propose d application would affect natural resources administered by ministries, (

j) must, in the case of an approval, consider any applicable written decision of the Environmental Appeals Board or the Director under the Water Act in respect of the subject-matter of the approval or registration and may consider any evidence that was before the Environmental Appeals Board or the Director under the Water Act in relation to that written decision, and (

k) must, in the case of an approval, consider the effects on the environment, the economy and the community and the appropriate use of land.

(5) If a Board member participates in a mediation process under subsection (4)(a), that member may not participate in the review of the application.

(6) On applying for a review, the applicant and any directly affected party may request that the decision referred to in the application be suspended until the application is heard, and the Board may suspend the decision on the terms and conditions it prescribes or may refuse the request.

(7) On holding a review the Board may

RSA 2000

Section 26

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 28 (

a) grant an approval, registration or authorization or an amendment of an approval, registration or authorization on any terms and conditions that the Board considers appropriate, including the terms and conditions that a municipality could impose if the municipality were issuing a development permit, (

b) refuse to grant an approval, registration or authorization or an amendment of an approval, registration or authorization, or (

c) make any other disposition of the application that the Boa rd considers to be appropriate.

(8) The Board must provide a written copy of the decision under subsection (1)(

a) or (7) to the directly affected parties and the persons and organizations who were determined, under

section 20(8), not to be directly affected parties. 2001 c16 s5;2003 c42 s6;2004 c14 s14;2025 c4 s10 Co-operative reviews 26 If the Board holds a review and the Board is of the opinion that it would be expedient or in the public interest to do so, the Board may participate in other proceedings in respect of matters relating to the purposes of this Part jointly or in conjunction with another board, commission or other body constituted in Alberta. 2001 c16 s5 Appeal 27(1) Subject to subsection (2), an appeal lies from a decision of the Board under

section 25 to the Court of Appeal only on a question of jurisdiction or on a question of law.

(2) An application for permission to appeal must be filed and served within 30 days after the making of the decision sought to be appealed from, or within a further period of time granted by the judge where, in the opinion of the judge, the circumstances warrant it.

(3) Repealed 2007 c3 s1.

(4) Notice of an application for permission to appeal must be given to the directly affected parties and to the Board.

(4.1) If an applicant makes a written request for materials to the Board for the purpose of the application for permission to appeal under subsection (2), the Board must provide the materials requested within 14 days from the date on which the written request is served on the Board.

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Section 27

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 29

(4.2) An applicant shall not request under subsection (4.1) the transcript of the hearing, but the Court of Appeal may, on application or on its own motion, if satisfied that the transcript is necessary for the purpose of determining the application for permission to appeal, direct that the Board provide the transcript within the time provided by the Court.

(5) A decision of the Board takes effect at the time prescribed by the decision, and its operation is not suspended by any appeal to the Court of Appeal, or by any further appeal, but the Board may, if it thinks fit, suspend the operation of a decision that is appealed from, until the decision of the Court of Appeal is rendered or the time for appeal to the Supreme Court of Canada has expired or any appeal is abandoned.

(6) Within 30 days after permission to appeal has been obtained, the Board must forward to the Registrar of the Court the record of the review, its findings and reasons for the decision.

(7) On permission to appeal being granted by a judge of the Court of Appeal, the appeal must proceed in accordance with the practice and procedure of the Court of Appeal.

(7.1) The notice of appeal must be given to the parties affected by the appeal and to the Board.

(7.2) Within 30 days after receiving the notice of appeal referred to in subsection (7.1), the Board must forward to the Registrar of the Court the transcript and record of the hearing and its findings and reasons for the decision.

(8) On the hearing of an appeal, no evidence other than the evidence that was submitted to the Board on the making of the decision appealed from may be admitted, and the Court may proceed either to confirm, vary or quash the decision appealed from, and if the decision is quashed the Court must refer the matter back to the Board for further consideration and redetermination.

(9) On hearing an appeal, the Court may draw all inferences that are not inconsistent with the facts expressly found by the Board and that are necessary for determining the question of jurisdiction or of law and must certify its opinion to the Board.

(10) The Board is entitled to be heard by counsel or otherwise on the argument of an appeal.

(11) Neither the Board nor any member of the Board is in any case liable for costs by reason or in respect of an appeal or application.

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Section 28

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 30

(12) If a decision is quashed or a variation is directed, the matter must be reconsidered and redetermined by the Board, and the Board must vary or rescind its decision in accordance with the judgment of the Court of Appeal or the Supreme Court of Canada. 2001 c16 s5;2007 c3 s1;2014 c13 s49 Selling, etc., approvals, registration or authorization 28(1) A person who buys, receives assignment of or otherwise acquires an approval, registration or authorization must notify the Board in accordance with the regulations.

(2) If a sale, assignment or other disposition of an approval, registration or authorization does not consist of the entire interest in the approval, registration or authorization or is a sale, assignment or other disposition to more than one person who wish to split the operation of the confined feeding operation or manure storage facility that is the subject of the approval, registration or authorization, the persons acquiring an interest in the approval, registration or authorization may apply for one or more approvals, registrations or authorizations.

(3) On considering an application under subsection (2), (

a) if an approval officer is of the opinion that issuing one or more approvals, registrations or authorizations will result in a minimal change to the risk, if any, of the confined feeding operation or manure storage facility to the environment and a minimal change to a disturbance, if any, and that the confined feeding operation or manure storage facility will not be increased in capacity, the approval officer may without notice grant the application without considering whether the existing buildings and structures meet the requirements of the regulations with respect to confined feeding operations and manure storage facilities, but (

b) in all other circumstances, the approval officer must consider the application as if it were an application received under

section 18.

(4) If an approval officer issues one or more approvals, registrations or authorizations under subsection (3)(a), the terms and conditions of the existing approval, registration or authorization are, where applicable, the terms and conditions of the new approvals, registrations or authorizations. 2001 c16 s5;2004 c14 s15 Cancellation 29(1) An approval officer may cancel an approval, registration or authorization

RSA 2000

Section 30

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 31 (

a) if the holder requests or consents to the cancellation, (a.1) on the issuance of one or more approvals, registrations or authorizations pursuant to a sale, assignment or other disposition described in

section 28, or (

b) if the confined f eeding operation or manure storage facility to which the approval, registration or authorization relates is abandoned.

(2) An approval officer may include terms and conditions in a cancellation. 2001 c16 s5;2004 c14 s16;2025 c4 s11 Access to premises 30(1) For the purpose of determining whether an approval, registration, authorization, variance, terms and conditions of a cancellation, this Part or the regulations are being complied with, an inspector may at any reasonable hour enter and inspect any building or land, other than a private dwelling place that is used as a dwelling, that the inspector believes on reasonable and probable grounds to be, or to be used in connection with, an agricultural operation.

(2) In carrying out an inspection under this section, an inspector may (

a) require that any equipment used to manage manure, organic materials or compost be operated, used or set in motion under conditions specified by the inspector, (

b) take samples of anything c onnected with an agricultural operation, (

c) conduct tests or take measurements, (

d) demand production of, inspe ct and make copies of or take extracts from any record, approval, registration or authorization and on giving a receipt for it remove it for not more than 48 hours for the purpose of making copies of it, (

e) record or copy any information by any method, (

f) take photographs or audio-video records, and (

g) make reasonable inquiries of any person, orally or in writing.

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Section 31

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 32

(3) No person shall resist, obstruct or delay an inspector in the exercise of powers conferred under this section. 2001 c16 s5;2004 c14 s17;2025 c4 s12 Order to allow inspection 31 If any person refuses to allow an inspector to exercise powers conferred by

section 30 or hinders or interferes with the exercise of those powers, the inspector may apply to the Court of King’s Bench for an order directing the person to do or refrain from doing anything the Court of King’s Bench considers necessary in order to enable the inspector to exercise the powers under

section 30. 2001 c16 s5;AR 217/2022 Additional fine where monetary benefits acquired by offender 32 If a person is convicted of an offence under this Act and the court is satisfied that as a result of the commission of the offence monetary benefits accrued to the offender, the court may order the offender to pay, in addition to a fine under

section 34, 35 or 36, a fine in an amount equal to the court’s estimation of the amount of those monetary benefits. 2001 c16 s5 Continuing offences 33 Every person who is guilty of an offence under this Act is liable on conviction for each day or part of a day on which the offence occurs or continues. 2001 c16 s5 Offence 34 A person who contravenes

section 30(3) is guilty of an offence and liable to a fine of not more than $10 000. 2001 c16 s5 Offence 35(1) A person who contravenes

section 1.1, 13, 14, 15 or 16 is guilty of an offence and liable to a fine of not more than $5000.

(2) A person who knowingly contravenes

section 1.1, 13, 14, 15 or 16 is guilty of an offence and liable to a fine of not more than $10 000. 2001 c16 s5 Offence 36(1) A person who contravenes the regulations is guilty of an offence and liable to a fine of not more than $5000.

(2) A person who knowingly contravenes the regulations is guilty of an offence and liable to a fine of not more than $10 000. 2001 c16 s5

RSA 2000

Section 37

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 33 Defence 37 No person shall be convicted of an offence under

section 1.1(1) or 36(1) if that person establishes on a balance of probabilities that the person took all reasonable steps to prevent the commission of the offence. 2001 c16 s5 Limitation period 38 A prosecution for an offence under this Act may not be commenced more than 2 years after the date on which the offence was committed. 2001 c16 s5 Request for committee 38.1 If in the opinion of the Board a person may be creating an inappropriate disturbance, the Board may refer the matter to the Minister and request the Minister to establish a practice review committee. 2004 c14 s18 Enforcement orders by Board 39(1) If in the opinion of an inspector, a person is creating a risk to the environment or an inappropriate disturbance, or is contravening or has contravened an approval, registration, authorization, variance, terms or conditions of a cancellation, this Act or the regulations, an inspector may, whether or not the person has been charged or convicted in respect of the contravention, issue an enforcement order ordering any of the following: (

a) repealed 2004 c14 s19; (

b) directing the person to create a plan to ensure compliance with this Act, the regulations and the approval, registration, authorization, variance or cancellation; (

c) directing the person to stop engaging in anything that is described in the enforcement order, subject to any terms or conditions set out in the order; (

d) directing the person to un dertake any investigation, construction, alteration, repair or other measures specified in the enforcement order, within the time specified in the enforcement order; (

e) suspending an approval, registration or authorization unti l a specified time or until specified conditions are met;

RSA 2000

Section 40

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 34 (

f) specifying the measures that must be taken in order to effect compliance with the approval, registration, authorization, variance, cancellation, this Act or the regulations.

(2) An enforcement order issued under this

section must contain the reasons for making it and must be served on the person to whom it is directed.

(3) If a person to whom an enforcement order is directed under this

section complies with the order, no prosecution may be commenced under this Act for the offence with respect to the facts that gave rise to the order. 2001 c16 s5;2004 c14 s19;2025 c4 s13 Amendment of enforcement orders 40(1) An inspector may amend an enforcement order by adding to the list of persons to whom the enforcement order is directed.

(2) A copy of an enforcement order amended under this

section must be served on (

a) any person whose name is added to it, and (

b) the person to whom the original enforcement order was directed. 2001 c16 s5;2025 c4 s14 Review and cancellation of enforcement order 41(1) The Board may, on the request of a person to whom an enforcement order is directed, review and confirm, vary, amend or rescind the enforcement order.

(2) An enforcement order takes effect at the time prescribed in the enforcement order and its operation is not suspended by a request for a review, but the Board may, if it thinks fit, suspend the operation of an enforcement order when a review is requested until a decision on the review is rendered.

(3) A written copy of the Board’s decision under subsection (1) must be served on the persons to whom the enforcement order that is being reviewed is directed. 2001 c16 s5 Court order to comply with enforcement order 42(1) If a person to whom an enforcement order is directed fails to comply with the enforcement order, the Board may apply to the Court of King’s Bench for an order of the Court directing the person to comply with the enforcement order.

RSA 2000

Section 42.1

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 35

(2) This

section applies whether or not a conviction has been adjudged against the person to whom the enforcement order is directed for an offence under this Act in respect of the subject-matter that gave rise to the issuing of the enforcement order. 2001 c16 s5;AR 217/2022 Emergency order 42.1(1) If an inspector is of the opinion that (

a) a release of manure, organic materials or compost into the environment may occur, is occurring or has occurred, and (

b) the release may cause, i s causing or has caused an immediate and significant risk to the environment, the inspector may issue an emergency order to the person responsible for the manure, organic materials or compost, directing the performance of emergency measures that the inspector considers necessary. (2) Subsection (1) applies whether or not the release of the manure, organic materials or compost into the environment is or was expressly authorized by or is or was in compliance with an approval, a registration or an authorization. 2004 c14 s20;2025 c4 s15 Failure to comply with an emergency order 42.2(1) If the person to whom an emergency order is issued fails to comply with the emergency order, the Board may take whatever action the Board considers necessary to carry out the terms of the emergency order.

(2) Costs incurred by the Board under this

section are recoverable by the Government in an action in debt against the person to whom the emergency order was issued.

(3) The person to whom the emergency order was issued may, within 30 days of being notified by the Board of the costs, apply to the Board for a review of the amount of the costs.

(4) For the purposes of this section, the costs referred to in subsections (2) and (3) are the costs incurred by the Board in carrying out the emergency order. 2004 c14 s20

RSA 2000

Section 43

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 36 Joint and several liability 43 If an enforcement order or an emergency order is issued to more than one person, all persons named in the order are jointly responsible for carrying out the terms of the order. 2001 c16 s5;2004 c14 s21

Part 3 Regulations Regulations 44(1) The Lieutenant Governor in Council may make regulations (

a) respecting whether the construction or expansion of a confined feeding operation requires an approval or registration; (

b) respecting whether the construction, expansion or modification of a manure storage facility requires an authorization; (b.1) respecting compliance with and the enforcement of ALSA regional plans; (

c) determining which persons and municipalities are affected persons for the purposes of

Part 2.

(2) The Minister may make regulations (

a) respecting fees; (

b) requiring the creation, submission and retention of record s; (

c) respecting the design, location, including minimum distanc e separation requirements, construction, maintenance, operation, reclamation and abandonment of confined feeding operations, seasonal feeding and bedding sites and manure storage facilities; (c.1) respecting composting, m anure, organic materials and compost; (

d) respecting tests and testin g procedures related to agricultural operations and directly related activities; (

e) respecting the carrying on of agricultural operations and the construction, maintenance and abandonment of any building or structure directly related to an agricultural operation.

(3) The Board may make regulations

RSA 2000

Section 44.1

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 37 (

a) respecting the form and manner of notifying the Board of a transfer, sale, assignment or other disposition of an approval, registration and authorization; (

b) respecting applications for variances and applications for approvals, registrations and authorizations and amendment of approvals, registrations and authorizations; (

c) respecting notification and time periods for notification not set out in this Act; (

d) respecting procedures in respect of applications and revie ws and service of enforcement orders; (

e) respecting the identif ication of inspectors.

(4) A regulation made under this Act may adopt or incorporate, in whole or in part or with modifications, a code, standard or guideline, including any code, standard or guideline established by the Minister under

section 44.1, that relates to any matter in respect of which a regulation may be made under this Act if the code, standard or guideline is publicly available.

(5) A code, standard or guideline may be adopted or incorporated under subsection (4) as it reads on a specific date or as amended from time to time. 2001 c16 s5;2004 c14 s22;2009 cA-26.8 s70;2025 c4 s16 Ministerial codes, etc. 44.1(1) The Minister may, in writing, do the following relating to any matter in respect of which a regulation may be made under this Act: (

a) establish a code, standard or guideline relating to the matter, including setting out requirements relating to the matter; (

b) amend the code, standard or guideline.

(2) As soon as practicable after establishing or amending a code, standard or guideline under subsection (1), the Minister must make the code, standard, guideline or amendment publicly available on the website of the Minister’s department. 2025 c4 s17 Transitional regulations 45(1) The Lieutenant Governor in Council may make regulations (

a) respecting the transition to

Part 2 of any confined feedin g operation, seasonal feeding and bedding site and manure

RSA 2000

Section 45

Chapter A-7 AGRICULTURAL OPERATION PRACTICES ACT 38 storage facility that exists on January 1, 2002, including the

interpretation of any transitional provision in this Act, and (

b) to remedy any confusion, difficulty, inconsistency or impossibility resulting from the transition.

(2) A regulation made under subsection (1) may be made retroactive to the extent set out in the regulation.

(3) A regulation made under subsection (1) is repealed on the earliest of (

a) the coming into force of an amendment that adds the subject-matter of the regulation to this Act; (

b) the coming into force of a regulation that repeals the regulation made under subsection (1); (

c) two years after the reg ulation comes into force.

(4) The repeal of a regulation under subsection (3)(

b) or (

c) does not affect anything done, incurred or acquired under the authority of the regulation before the repeal of the regulation. 2001 c16 s5

Printed on Recycled Paper *9780779853854*

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cA-7
Type	statute
Volume / chapter	RSA 2000 cA-7
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	94d97e5643a6793e827aea6b4407cb1dbf5036fe

Source file is stored in the law ingest library (pdf).