Adamo Winery Propane Cannon Use. Town of Mono, OMAFRA, Adamo Winery, Mono Citizens

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1 Adamo Winery Propane Cannon Use Town of Mono, OMAFRA, Adamo Winery, Mono Citizens

2 Agenda OMAFRA Normal Farm Practice Overview Mono By-Laws, Revenues, Taxes, Tourism, Community Adamo Problem Discussion / Options Review Citizens Objectives, Options, Timelines

3 What is normal, or not, varies depending on location, type of farm, method of operation, and timing of the farm practice. Normal is site specific for a given set of circumstances, and may change over time. The Farming and Food Production Protection Act (FFPPA) and Nuisance Complaints Published 2013

4 OMAFRA facilitate the conflict resolution process, with the goal of avoiding a hearing work with the parties to address contentious issues before they escalate Only after the mediation process has been tried will a case be accepted for a hearing by the Normal Farm Practices Protection Board.

5 Town of Mono Existing Noise By-Laws Website references Propane Cannons as exception to bylaws Horse Country Rural Community Urban Development

6 Mono Website Bird Bangers According to OMAFRA - Use has not been deemed normal for this area Jurisdiction is NOT OMAFRA, it is the Normal Farm Practices Protection Board (NFPPB) Until board ruling, the Mono By-Law applies The Town of Mono does not have enforcement jurisdiction over the operation of Bird Bangers as their use is considered a normal farm practice under provincial legislation. Bird Bangers are an effective method used by farmers to prevent crop damage by birds. This damage is a major concern for grape growers right up until harvest in late fall or early winter. Bird Bangers are propane-fired cannons that emit sounds to scare away birds. The sound can be heard throughout rural areas and in some residential neighbourhoods near vineyards. Jurisdiction for the use of Bird Bangers and regulations on noise, dust, light, vibration, smell, and flies rests with the Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA), which administers the Farming and Food Production Protection Act. This provincial legislation outlines normal farm practices through the Normal Farm Practices Protection Board. For more information on using Bird Bangers or to file a complaint, please call OMAFRA at or the secure direct reporting line at OMAFRA Factsheet: Using Propane-Fired Cannons to Keep Birds Away From Vineyards Bird Bangers - How They Work Répartition ef:cace dans le

7 Equine Activities The economic impact of the sector to the region is conservatively estimated to be; at a minimum of $100,000,000 annually for ongoing operating costs a further $300,000,000 spent on property improvements including barns and arenas as investment in horses. The nature of the horse industry requires much of this spending to be locally focussed further emphasizing the sector s importance to the local economy. Headwaters Equine Leadership Group - Economic Impact Report, published April, 2014

8 Mono has; Roughly 230 Horse Farms which contain an estimated 2,968 horses. The annual economic impact of these horses (median) is $1,781 per horse, or $5.3 million spent on upkeep. The Annual Investment in Fixed Assets (e.g. barn building/repairs, new fences etc.) is $18,250 per horse (median). University of Guelph s School of Environmental Design and Rural Development RPD 6280: Advanced Planning Practice - Equine Sector Development in Dufferin County: A Final Assessment Report. Published April 20, 2012.

9 Pyke v. Tri Gro Enterprises Ltd. Ontario Court of Appeal (August ) 2001 Carswell Ont 2762 Dealing with a claim in nuisance by neighbouring property owners regarding odours emanating from the defendant s mushroom farm. Issue on appeal is whether the farmers exempt from liability in nuisance under the Farm Practise Protection Act Even though normal farm practises may cause discomfort and inconvenience to other persons those discomforts and inconveniences are the price which may have to be paid if the Province of Ontario chooses to maintain viable agricultural businesses While the Act is motivated by a broader public purposes, it should not be overlooked that is has the effect of allowing farm operations to practically appropriate property value without compensation Judge on appeal found that circumstances should be taken into consideration and that the farming industry does not have carte blanche to establish its own standards without independent scrutiny In this case the degree and intensity of the disturbance created an intolerable situation for the respondents; secondly the residents were there before the mushroom farm and it created a greater and different disturbance than anything that had been experienced previously in the area Here nuisance allowed on appeal due to the serious nature of the disturbance suffered by the residents

10 Adamo Winery First to admit Mono is a nontraditional area for a winery No cannons during application interview Claim 75% 2015 crop lost What were losses for 2016? Other deterrents employed?

11 Is Wine-Making Farming? The Canada Revenue Agency, in 1999 Income Tax Ruling, stated where a person s activities involve, for example, grape growing and winemaking, it is our view that these two activities are too different to classify both as various aspects of a single commercial production. Therefore, the activity of growing grapes would be considered farming, but the activity of winemaking would not, since the end product is totally different from the raw materials and it goes beyond the normal growth stage.

12 Netting The cost of netting materials has been dropping over the years Systems available for applying the nets are improving. Nets are becoming especially attractive because of the high value of wine grapes. Nets offer virtually 100% bird protection and help maximize yields. Bird netting is available in a lightweight one-use formulation or heavier multiuse ultraviolet protected materials. There are rigid or stretch materials and different widths and mesh sizes. OMAFRA Publication - Bird Control on Grape and Tender Fruit Farms

13 Birds SEASON BIRDS EARLY Robin, Starling, Oriole LATE Robin, Starling, Mockingbird, Finch

14 Mono Citizens Activities and Options OMAFRA-led Mediation Normal Farm Practices Protection Board (NFPPB) MPAC Re-Assessments Monitoring & Enforcement