Is the smell of manure or the noise from farm equipment an environmental issue?
The smell of manure or the noise from farm equipment may be an environmental issue, if the Minister of the Environment determines that the smell or noise is causing a significant adverse effect to the environment. Section 67 of the Environment Act prohibits the release of any substance into the environment if it is in an amount that may cause a significant adverse effect. The definition of “substance” is very broad and could include smell or noise. The definition of “adverse effect” is also broad and includes an effect that impairs or damages the environment, including an adverse effect respecting the health of humans or the reasonable enjoyment of life or property. Given these broad definitions, a farmer could be prosecuted for causing a significant adverse effect where the smell or noise has resulted only in a disturbance to a person’s reasonable enjoyment of life or property. The Environment Act does not require farmers to obtain an approval to manage the smell of manure or the nois
