Bill 39 2003

An Act to restrict
the operation of large hog farms
and to amend the Nutrient
Management Act, 2002

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

1. In this Act,

"factory hog farm" means a hog farm where at any one time at least,

(a) 250 sows with offspring in a farrow-to-finish operation are present,

(b) 3,000 weaners in a hot nursery operation are present, or

(c) 900 hogs in a finish operation are present.

Prohibition

2. No person shall operate a factory hog farm.

Offence

3. Every person who contravenes section 2 is guilty of an offence, and on conviction is liable to a fine of not more than $100,000.

Exemptions

4. The Lieutenant Governor in Council may make regulations exempting any person from complying with section 2 if the Lieutenant Governor in Council is satisfied that legislation of Ontario is in force that protects sources of drinking water from contamination that may be caused by the factory hog farm.

Amendment

5. Subsection 61 (1) of the Nutrient Management Act, 2002 is repealed and the following substituted:

By-law superseded

(1) A regulation supersedes a by-law of a municipality or a provision in that by-law if the by-law or provision addresses the same subject-matter as the regulation, and the by-law provides lesser protection for the environment or reduces disturbances or nuisances to a lesser degree.

Commencement

6. (1) Subject to subsection (2), this Act comes into force one year after the day it receives Royal Assent.

Same

(2) Section 5 comes into force on the later of the day subsection 61 (1) of the Nutrient Management Act 2002 comes into force and the day this Act receives Royal Assent.

Short title

7. The short title of this Act is the No Hog Factories Act, 2003.

EXPLANATORY NOTE

The Bill prohibits large hog farms, subject to the ability of the Lieutenant Governor in Council to make exemptions where it is appropriate to do so.

The Bill also amends the Nutrient Management Act, 2002 to provide that a regulation under that Act only supersedes a municipal by-law if the regulation provides greater environmental protection.