1987 BILL Second Session, 21st Legislature, 36 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL AGRICULTURAL OPERATION PRACTICES ACT MR. HYLAND v8 r\\ First Reading Second Reading Committee of the Whole Third Reading Royal Assent Bid Mr Hyland BILL AGRICULTURAL OPERATION PRACTICES ACT (Assented to ,1987) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "agricultural land" means land the use of which for agricul­ ture (

i) is either a permitted or discretionary use under the land use by-law of the municipality in which the land is situated, or (ii) is permitted pursuant to

section of the Planning Act; (b) "agricultural operation" means an agricultural activity con­ ducted 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 poultry, (iii) the raising of fur-bearing animals, pheasants or fish, (iv) the production of agricultural field crops, (

v) the production of fruit, vegetables, sod, trees, shrubs and 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, and (ix) the application of fertilizers, manure, insecticides, pesti­ cides, fungicides and herbicides, including application by ground and aerial spraying, for agricultural purposes; (c) "land use by-law" means a land use by-law or a land use regulation as defined in the Planning Act; (d) "Minister" means the Member of the Executive Council charged by the Lieutenant Govemor in Council with the admin­ istration of this Act.

Nuisance claims 2(1) A porsou who carrios ou an agricultural operation and who, in respect of that operation, does not contravene any of the following: (

a) the land use by-law of the municipality in which the agricul­ tural operation is carried on; (

b) the regulations made by the Minister under

section 3; (

c) the generally accepted practices for similar agricultural oper­ ations; is not liable to any person in an action in nuisance resulting from the agricultural operation and shall not be prevented by injunction or other order of a court from carrying on the agricultural operation because it causes or creates a nuisance. (2) Subsection (1) continues to apply notwithstanding that or more of the following occur: (

a) the land use by-law of the municipality in which the agricul­ tural operation is carried on changes; (

b) the ownership of the agricultural land on which the agricul­ tural operation is carried on changes; (

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

d) the use of land adjacent to the 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 (

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

b) applies for an injunction or other order of a court preventing 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 by­ law, regulation or practice referred to in subsection (1) is on the plaintiff or claimant, as the case may be. Regulations The Minister may make regulations respecting standards for the carrying on of agricultural operations. Title: 1987 (21st, 2nd) Bill 30, Agricultural Operation Practices Act