Better Farming: Pig Farmer acquitted in methane-fueled barn fire

Read Better Farming's story about the recent acquittal of a Huron County hog farmer on Occupational Health and Safety Act charges connected to a 2012 flash fire that injured the farmer and his employee.  The Court determined that the fire resulted from the ignition of a build-up of methane that had resulted from a barn design flaw.

OMB rules in favour of hog barn expansion beyond MDS II formula

Frans and Hannie VanderZanden (Applicants) own and operate a 26.5 ha (65.5 ac.) farm on the west side of Palmyra Road, in the Community of Orford. The property contains one large livestock barn and three smaller barns with an existing capacity of 2,400 feeder hogs. They planned to expand their operation by building a new 32 m (105 ft.) x 29.5 m (97 ft.) addition to the south side of the existing large finishing barn. The new addition would add capacity for an additional 900 hogs.  The MDS II formula requires a minimum setback from the nearest lot lines. The proposed addition will only be 16 m (52 ft.) from the nearest lot line as opposed to the required which is the same setback of the existing barn to which the addition is proposed. Therefore, the proposed expansion of the livestock facility would require a reduction in the setback to the nearest lot line from 30 m (98 ft.) to 16 m (52 ft.).  VanderZanden applied successfully to the Municipality of Chatham-Kent for a minor variance.

Bobbi Plumridge (Appellant) is a 20 year resident of the area, living  approximately 1 kilometre from the Subject Property, and opposed the application.  She says that when she purchased her home in 1990, the Subject Property consisted of 3 modest sized barns and a manure lagoon and the newer larger barn next to the grey drain did not yet exist. A new barn with 10,000 sq. ft. was added between 1994-1995. Since then, there have been several incidences over the years with manure not being properly contained, including spills from underground into the grey drain and also into Lake Erie. According to Ms Plumridge, a previous application to expand the operation at the Subject Property was refused because of manure spills and accidents. She is concerned not only about the above ground spills but also the underground spills that occur. Ms Plumridge contends that the proposal calls for too many hogs/pigs for this land base and that currently 78% of the manure needs to be trucked off site.

The municipality and the applicants were represented by the same lawyer at the hearing.  Both sides presented evidence and, following the hearing, the OMB ruled in favour of the municipality's decision to allow the barn expansion in spite of the MDS II setback requirement:

Therefore, the Board agrees with and adopts the planning evidence and opinions of Mr. Brown. The Board finds that the proposed variance is desirable because it helps to conserve farmland by expanding on an existing site instead of utilizing a whole other new site. The use here is an existing and permitted use in the OP; therefore it maintains the intent and purpose of the OP. The proposed variance maintains the existing setback and thereby maintains the general intent of the ZBL which is to minimize land-use conflicts caused by odours and the like. The proposed extension/expansion maintains an existing condition, and as such it will not be located any closer to the lot line than what already exists. The variance is minor because the neighbouring land use is passive farming and there are no significant impacts resulting from the shortened setback.

The Board is satisfied in this instance, that the proposed variance to facilitate the expansion of the existing hog operation meets the tests in subsection 45 (1) of the Planning Act, is in the public interest, and represents good planning. The Board notes that expansion of the existing facility includes utilizing the existing/proposed setback was also endorsed by Mr. Faber, who prepared the nutrient management study approved by OMAFRA.

Read the decision at: Plumridge v. Municipality of Chatham-Kent.

New farm building code worries pork producers

 Click here to read the story: CBC News - Manitoba - New farm building code worries pork producers

Ontario Minister of Agriculture releases decision on Ontario Pork

In February, I reported on a decision from the Agriculture, Food and Rural Affairs Tribunal reinstating Ontario Regulation 419, which required hog producers to sell their hogs through a marketing board, Ontario Pork: Ontario Pork recovers its marketing powers.  The Tribunal decision is available at: Minnema v. Ontario Farm Products Marketing Commission.

Last Thursday, the Minister of Agriculture in Ontario overturned much of the Tribunal's decision.  Ms. Mitchell treads lightly in her reasons for the decision, saying:

Before proceeding with my decision, however, I would first like to point out that my decision should not be taken to mean that I do not have confidence in the Tribunal. Indeed, I believe that the Tribunal serves an important function within Ontario’s regulated markets. However, and as the Tribunal readily pointed out in its decision, the adversarial process is not necessarily well-suited for resolving complex policy-laden questions. Often, the parties present their favored position(s) without examining or providing information to capture the larger policy issues in which their dispute(s) arise. This, in turn, leaves the decision-maker in a difficult position.

Ms. Mitchell then goes on to restore the earlier policy decision to open up the marketing of hogs in Ontario beyond Ontario Pork:

I support the Commission’s open market approach for the Ontario Hog Industry. The Commission’s decision provides for a clearer path forward. It will help to create stability in Ontario’s Hog Industry by resolving an outstanding issue that has been ongoing for more than 10 years now.

I also think that it is important to note that my policy choice of adopting an open market system for Ontario’s Hog Industry does not prohibit the Board from offering marketing services to hog producers. It is clear from the submissions I received that some producers would prefer to continue to use the Board’s marketing services if an open market system were to be implemented. For example, either party to an agreement would still be able to rely on the Board’s expertise to review and provide comments on contracts if they wanted. Further, I note that the Board’s submissions contemplate the Board continuing to offer marketing services in the near term. And, I would encourage the Board to continue to offer its marketing expertise to Ontario’s Hog Industry.

The Board would, however, have to operate somewhat differently. For example, the Board would have to administratively separate its marketing side from its regulatory side to eliminate any potential conflict of interest and/or bias issues of being both the regulator and the regulated. Such a division would also have to include separating any fees the Board may receive for its regulatory functions from its marketing functions in order to ensure that the Board is not receiving an unfair competitive advantage over others who may want to offer marketing services. If the Board is to continue to market hogs, I expect that it will consult with the Commission on how best to separate its marketing function from its regulatory function.

Read the full decision at: Minister's decision.