AGRICULTURAL OPERATION PRACTICES ACT AGRICULTURAL OPERATION PRACTICES ACT
Chapter A‑7
Table of Contents
1 Definitions
1.1 Records
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, composting materials, compost application
16 Seasonal feeding and bedding site
17 Variance
18 Application for approval, registration, authorization and amendments
18.1 Deemed approvals, registration and authorizations
19 Approval notification, directly affected parties
20 Considerations on approvals
21 Registration, authorization notification, directly affected parties
22 Considerations on registrations, authorizations
23 Approval officer amendments
24 Board, approval officers, powers
25 Review
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
33 Continuing offences
34 – 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
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,
(a) “affected person” means, in 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 agriculture 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 ALSA 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” means 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‑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,
(ix) the application of fertilizers, insecticides, pesticides, fungicides and herbicides, including application by ground and aerial spraying, for agricultural purposes,
(x) the collection, transportation, storage, application, use, transfer and disposal of manure, composting materials and compost, and
(xi) the abandonment and reclamation of confined feeding operations and manure storage facilities;
(b.1) “apply manure, composting materials or compost” means to spread manure, composting materials or compost on agricultural land, or to spread manure, composting materials or compost on and to incorporate or inject manure, composting 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 approval 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 managed process of bio‑oxidation of composting materials, including a thermophilic phase;
(b.53) “composting materials” means organic material generated by an agricultural operation described in clause (b)(ii), (iv), (v) or (vi), other than carcasses or parts of carcasses, and includes other substances permitted by the regulations;
(b.6) “confined feeding operation” 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.8) “generally accepted agricultural 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 under Part 2;
(c) “land use bylaw” means a land 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 poultry, 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 collects but does not include the floor of a livestock corral;
(c.3) “manure storage facility” means a facility for the storage of manure, composting 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 Minister 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;
(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 unreasonable, 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 nuisance at common law;
(f) “owner or operator”, when 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 has 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 principal or agent of a person referred to in subclause (i), (ii) or (iii);
(f.1) “parcel of land” means parcel 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;
(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 that 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 particular 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
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 in 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
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 authorization, or
(c) the generally accepted 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 agricultural 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 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 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 commenced 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
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 any other person the practice review committee considers to be directly affected.
2001 c16 s5;2004 c14 s3
Practice review committee
5(1) On receipt of an application under section 3 or a referral under section 38.1 the Minister may
(a) refuse to consider the application or referral if, in the Minister’s opinion,
(i) the subject‑matter of the application or referral is without merit, frivolous or vexatious,
(i.1) the subject‑matter of the application or referral has already been considered by a practice review committee,
(i.2) the subject‑matter of the application 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,
(ii) the application or referral is not made in good faith, or
(iii) the applicant or person aggrieved does not have a sufficient connection to the subject‑matter of the application,
or
(b) appoint 3 persons as an agricultural practice review committee to consider the application or referral, 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 applications and referrals and mediate at the same time.
(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
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 dispute and, if the matter is not resolved, may recommend to the Minister what should constitute a generally accepted agricultural practice in respect of that agricultural operation.
2001 c16 s5
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
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 that is in a predominantly liquid state or manure 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 approval 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
Manure, composting materials, compost application
15 A person who applies manure, composting 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
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 or the Board for a variance of the requirements in the regulations respecting confined feeding operations, manure storage facilities or the collection, transportation, storage, application, use, transfer or disposal of manure, composting materials or compost, and an approval officer or the Board may grant a variance if in the opinion of an approval officer or the Board 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 or the Board for a variance of the requirements in the regulations respecting confined feeding operations and manure storage facilities, and an approval officer or the Board may grant a variance despite the regulations if in the opinion of an approval officer or the Board 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 or the Board 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
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 was issued and that licence, permit, approval or development permit was in effect on January 1, 2002, or
(c) was constructed pursuant 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 capacity 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 licence, 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 licence, 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
(b) the terms or conditions are 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) may apply, with written reasons, within 10 working days of being notified to an approval officer, and any member of the public who has viewed the application under subsection (3) may apply, with written reasons, within 20 working days after the date the application was determined to be complete, for a determination whether the affected person, other person or organization or member of the public is a directly affected party.
(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
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 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, the approval officer must deny the application, or
(b) there is no inconsistency with the municipal 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 applicant 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,
(iv) may hold meetings and other 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, 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, composting 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
(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 amendment 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 Board, 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.
(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
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 10 working days,
(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.
(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
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 inconsistent with the municipal 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, the approval officer must deny the application, or
(b) the requirements are met and there is no inconsistency with the municipal 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 there is an inconsistency with the municipal 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 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 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 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, 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, composting 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
(b) apply to the Board, 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
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,
(a) dismiss the application for review, if in the opinion of the 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 subject 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 the 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 Director 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 available 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 affected parties a reasonable opportunity to review information relevant to the review,
(c) must give the directly affected 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, but is not bound by, the municipal development plan,
(h) may consider matters that would normally be considered if a development permit were being issued,
(h.1) must consider reports made by a practice review committee submitted at the review,
(i) must, in the case of an approval, consider how the proposed 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
(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 Board 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
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.
(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.
(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) The Board may cancel an approval, registration or authorization
(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 feeding operation or manure storage facility to which the approval, registration or authorization relates is abandoned.
(2) The Board may include terms and conditions in a cancellation.
2001 c16 s5;2004 c14 s16
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, composting materials or compost be operated, used or set in motion under conditions specified by the inspector,
(b) take samples of anything connected with an agricultural operation,
(c) conduct tests or take measurements,
(d) demand production of, inspect 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.
(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
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 Queen’s Bench for an order directing the person to do or refrain from doing anything the Court of Queen’s Bench considers necessary in order to enable the inspector to exercise the powers under section 30.
2001 c16 s5
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
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 the Board 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, the Board 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 undertake 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 until a specified time or until specified conditions are met;
(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
Amendment of enforcement orders
40(1) The Board 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
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 Queen’s Bench for an order of the Court directing the person to comply with the enforcement order.
(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
Emergency order
42.1(1) If an inspector is of the opinion that
(a) a release of manure, composting materials or compost into the environment may occur, is occurring or has occurred, and
(b) the release may cause, is 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, composting 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, composting 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
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
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 records;
(c) respecting the design, location, including minimum distance 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, composting materials and compost;
(d) respecting tests and testing 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
(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 reviews and service of enforcement orders;
(e) respecting the identification of inspectors.
(4) A regulation under this Act may adopt or incorporate in whole or in part or with modifications documents that set out standards, codes, objectives, guidelines or other bodies of rules that relate to any matter in respect of which a regulation may be made under this Act if the standards, codes, objectives, guidelines or other bodies of rules have been published and copies are available.
2001 c16 s5;2004 c14 s22;2009 cA‑26.8 s70
Transitional regulations
45(1) The Lieutenant Governor in Council may make regulations
(a) respecting the transition to Part 2 of any confined feeding operation, seasonal feeding and bedding site and manure 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 regulation 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
