P-41.1 - Act respecting the preservation of agricultural land and agricultural activities

Section 100 Disposition versions

2020-02-01

100. Where a residential, commercial, industrial or institutional building has been erected after the issue of an authorization, under the Environment Quality Act (chapter Q-2) or the regulations thereunder, allowing the establishment or expansion of an animal produce operation, the owner or the occupant of that building shall not act before the courts to claim damages or to prevent the operation or development of that farm by reason of its proximity, or odors or noise emanating therefrom, if the holder of the authorization has established or enlarged his operation in compliance with the conditions and distances set out in the authorization and in the regulation in force at the time it was issued.

With respect to a livestock raising farm established or expanded before the Environment Quality Act (1972, chapter 49) is in force and is applicable to it, the owner or the occupant of a residential, commercial, industrial or institutional building erected after the establishment of an animal produce operation shall not act before the courts to claim damages or to prevent the operation or the development of that farm by reason of its proximity or the odors or noise emanating therefrom.

However, the prohibition from acting before the courts provided by this section does not apply if the damage is the result of deliberate or gross fault or if the damage is not directly caused by activities related to animal produce operations.

When a designated agricultural region is established under this Act, the provisions of this section do not apply to it, except in respect of the animal produce operations situated in the reserved area or in the agricultural zone.

1978, c. 10, s. 100; 1990, c. 4, s. 716; I.N. 2020-02-01.

1990-10-01

100. Where a residential, commercial, industrial or institutional building has been erected after the issue of a certificate of authorization, under the Environment Quality Act (chapter Q-2) or the regulations thereunder, allowing the establishment or expansion of an animal produce operation, the owner or the occupant of that building shall not act before the courts to claim damages or to prevent the operation or development of that farm by reason of its proximity, or odors or noise emanating therefrom, if the holder of the certificate has established or enlarged his operation in compliance with the conditions and distances set out in the certificate and in the regulation in force at the time it was issued.

With respect to a livestock raising farm established or expanded before the Environment Quality Act (1972, chapter 49) is in force and is applicable to it, the owner or the occupant of a residential, commercial, industrial or institutional building erected after the establishment of an animal produce operation shall not act before the courts to claim damages or to prevent the operation or the development of that farm by reason of its proximity or the odors or noise emanating therefrom.

However, the prohibition from acting before the courts provided by this section does not apply if the damage is the result of deliberate or gross fault or if the damage is not directly caused by activities related to animal produce operations.

When a designated agricultural region is established under this Act, the provisions of this section do not apply to it, except in respect of the animal produce operations situated in the reserved area or in the agricultural zone.

1978, c. 10, s. 100; 1990, c. 4, s. 716.

1978-12-22

100. Where a residential, commercial, industrial or institutional building has been erected after the issue of a certificate of authorization, under the Environment Quality Act (chapter Q-2) or the regulations thereunder, allowing the establishment or expansion of an animal produce operation, the owner or the occupant of that building shall not make a complaint or act before the courts to claim damages or to prevent the operation or development of that farm by reason of its proximity, or odors or noise emanating therefrom, if the holder of the certificate has established or enlarged his operation in compliance with the conditions and distances set out in the certificate and in the regulation in force at the time it was issued.

With respect to a livestock raising farm established or expanded before the Environment Quality Act (1972, chapter 49) is in force and is applicable to it, the owner or the occupant of a residential, commercial, industrial or institutional building erected after the establishment of an animal produce operation shall not make a complaint or act before the courts to claim damages or to prevent the operation or the development of that farm by reason of its proximity or the odors or noise emanating therefrom.

However, the prohibition from making a complaint or from acting before the courts provided by this section does not apply if the damage is the result of deliberate or gross fault or if the damage is not directly caused by activities related to animal produce operations.

When a designated agricultural region is established under this act, the provisions of this section do not apply to it, except in respect of the animal produce operations situated in the reserved area or in the agricultural zone.

1978, c. 10, s. 100.