The Old Folks Home next door is afraid of Rodents and complaining!

[BarnGoddess01]

Quote:

(1) If each of the requirements of subsection (2) is fulfilled in relation to a farm operation conducted as part of a farm business,

(a) the farmer is not liable in nuisance to any person for any odour, noise, dust or other disturbance resulting from the farm operation, and

(b) the farmer must not be prevented by injunction or other order of a court from conducting that farm operation.

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96131_01#section2

I know that this particular act is for B.C., but it is my understanding that all 10 Provinces have now enacted some form of Right to Farm legislation.

You also might want to contact these folks;

http://www.nadeaupoultry.com/

They seem to be active in protecting the rights of those who raise chickens in N.B.

Good luck.

I LOVE that you've taken the time to look all this up! I'm not a lawyer either but I do know, in Canada, you have to be "zoned" for farming in order to "farm". Plus, I believe anything under 99 birds is not considered "farming". And a farm business would be expected to generate income. (Riding horses are not considered a "farm" in Canada yet one has to live in an area zoned for agriculture/farming in order to keep them.

Likely, because we don't earn an income from them.) The key point is, the farm has to be a business and I don't believe the OP is keeping her birds to generate qualifying income.

All this said, I still stand by my original post. A handful of chickens is no more a nuisance or an attractor of "pests" than dogs or human garbage. Ridiculous that the OP is going through this.

 

[OldGuy43]

Quote:
Agreed!

 

[Chemguy]

The right to keep chickens in many areas where they are allowed (or not prohibited) is often contingent on public health. Where I live, chickens are not prohibited. However, if they are deemed to be a health nuisance (smell, unsanitary conditions, noise), then I can be required to remove them. Around me, public health will always win. All it takes is a complaint, well-founded or baseless.

This really isn't too different from other activities. Radios aren't prohibited (or specifically allowed), and I can play music in my home as long as I don't disrupt the neighborhood by doing so. I can keep a compost pile, but not one that is so large and unmanageable that the neighborhood reeks of decomposition. I know that these seem like silly examples, but the point I am trying to make is that there are many things we can do, but can be asked to stop doing if some sort of reasonable line is crossed. The location of that invisible line varies, and is determined by the laws that govern your area. Public health policy and law are usually set by regional or national govenment, zoning laws are local.

I DO NOT think that you have crossed a reasonable line, and think that you're in a crummy situation. However, most legal systems do not have the latitude to allow individuals to pursue activities against which a community, or part of a community, is opposed on the basis of public health.

I'm sorry to hear about this, and I wish for you that the home of your dreams becomes a reality very soon.