An appeal was allowed from a Divisional Court decision concluding that the Normal Farm Practices Protection Board (the “Board”) lacked jurisdiction to determine whether a zoning bylaw restricted a normal farming practice. The Divisional Court erred in adopting an interpretation of the words “municipal bylaw” that excluded a zoning bylaw. Therefore, the Board had jurisdiction to determine the issue. However, the Board’s decision was unreasonable, as it did not comply with a provincial policy statement regarding the required distances between farm operations and their neighbours.
Administrative law – Municipalities – By-laws – Planning and zoning – Permits and licences – Variance orders – Decisions of administrative tribunals – Farm Practices Protection Board – Government policies – Judicial review – Jurisdiction – Standard of review – Reasonableness simpliciter Hill and Hill Farms Ltd. v. Bluewater (Municipality), [2006] O.J. No. 3674, Ontario Court of ...