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Under section 35 of the Livestock Operations Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the General Regulation - Livestock Operations Act.

“Act” means the Livestock Operations Act;(Loi)

“appeal board” means the Livestock Operations Appeal Board established under section 14;(commission d’appel)

“minimum separation distance” means the minimum distance calculated in accordance with the formula in Schedule A.(distance minimale de séparation)

Poultry defined

2(2)For the purposes of the Act and this Regulation, “poultry” means chickens and turkeys.

Construction of livestock facilities

2(3)For the purposes of this Regulation,

(a) a livestock facility shall be deemed to be constructed when it is substantially completed, and

(b) notwithstanding paragraph (a), where a livestock facility replaces a livestock facility that is destroyed through accident or natural disaster, it shall be deemed to have been constructed at the time the destroyed facility was initially constructed, but only if the replacement occurs at the site of the destroyed facility within two years after the date of the accident or disaster.

Animals prescribed as livestock

3In addition to cattle, pigs and poultry, the following animals are prescribed for the purposes of the definition “livestock”:

(a) sheep and goats;

(b) ostriches and emu; and

(c) fox and mink.

Exemptions

4(1)The following livestock operations are exempt from the application of the Act and this Regulation:

(a) abattoirs, livestock sales yards and other holding facilities where no animal is kept for a period longer than fourteen consecutive days;

(b) a livestock operation that does not have or use a livestock facility;

(c) a livestock operation with fewer than twenty livestock, other than poultry, and fewer than two hundred poultry; and

(d) subject to subsection (2), a livestock operation, other than one referred to in paragraph (a), (b) or (c), that is being carried on immediately before the commencement of this Regulation.

4(2)An exemption under paragraph (1)(d) is subject to the following conditions:

(a) the operation does not cease or suspend operation for a period in excess of two years;

(b) the number of livestock, other than poultry, in the livestock operation is not increased such that it exceeds the highest number of livestock other than poultry in the operation at any time during the sixty days immediately before the commencement of this Regulation by a factor of ten or more;

(c) the number of poultry in the livestock operation is not increased such that it exceeds the highest number of poultry in the operation at any time during the sixty days immediately before the commencement of this Regulation by a factor of ten or more; and

(d) if a livestock facility is constructed or added for use in the operation, it is not further than one kilometre from any livestock facility that is being used in the operation immediately before the commencement of this Regulation.

Application for livestock operation licence

5A person who applies for a livestock operation licence shall provide the Registrar with

(a) a completed application,

(b) a site development plan in relation to a proposed livestock site,

(c) a description of the manure system for the proposed livestock operation,

(d) a manure nutrient management plan for the proposed livestock operation, signed by an agrologist registered under The Agrologists Act,

(e) a copy of any watercourse alteration permit that is required with respect to the operation under the Watercourse Alteration Regulation under the Clean Water Act, and

(f) such other information the Registrar may require in relation to the application.

Site development plan

6(1)A site development plan in relation to a proposed livestock site shall consist of a plan drawn to scale showing

(a) the location of each livestock facility and proposed livestock facility,

(b) the location of all dwellings within a seven hundred and fifty metre radius of each livestock facility and proposed livestock facility,

(c) the location and identification of other land uses within the radius required under paragraph (b),

(d) the location of property boundaries, public roads, watercourses and wetlands within the radius required under paragraph (b), and

(e) the property identifier number assigned by Service New Brunswick to the parcel on which each livestock facility or proposed livestock facility is or is to be located.

6(2)Where a site development plan is submitted with respect to an operation that was previously exempt under paragraph 4(1)(d), the site development plan shall indicate what livestock facilities, if any, have been constructed or added for use in the operation within the year previous to the date the application is received by the Registrar and shall indicate what dwellings identified under paragraph (1)(b), if any, have been constructed within the year previous to such date.

Manure system

7A description of the manure system shall include the following:

(a) the proposed system of collection and transfer to the manure storage;

(b) the proposed type or types of manure storage, including capacity and dimensions;

(c) any proposed management practices affecting manure production and its characteristics;

(d) the proposed method for transporting manure from storage to the application site;

(e) any proposed treatment of manure prior to land application;

(f) any proposed uses for the manure other than land application; and

(g) a proposed emergency action plan that identifies potential risks of failure of various components of the system and the measures to remedy any failure that may occur.

Manure nutrient management plan

8A manure nutrient management plan shall include the following information:

(a) where the manure is to be applied to land by or on behalf of the applicant,

(i) the proposed location and area of the land to which the manure is to be applied, including the property identifier numbers assigned to the land by Service New Brunswick,

(ii) the proposed timing and frequency and method of manure application and the proposed rate of manure application, having regard to crop nutrient requirements or the nutrients removed in the harvested portion of the crop,

(iii) the level of available nutrients in the manure and the soil,

(iv) the topography of the land to which the manure is proposed to be applied, including slope, and the location of watercourses, wetlands and water sources,

(v) the maximum nutrient applications that are proposed to be added to land to which the manure is to be applied, having regard to crop nutrient requirements, and

(vi) copies of agreements between the applicant and a third party land owner, if any, of the land to which the manure is proposed to be applied, if the land is not owned by the applicant; or

(b) where the manure is not to be applied to land by or on behalf of the applicant,

(i) a copy of an agreement for the removal of the manure generated by the operation by another person, including the frequency of removal, or

(ii) a plan for the proposed treatment of the manure and the intended disposal of the resulting product.

Renewal of livestock operation licence

9A licensee who is applying for a renewal of the licensee’s livestock operation licence shall provide the Registrar with a completed application on a form provided by the Registrar at least sixty days before the expiration of the licensee’s existing licence.

Amendment of livestock operation licence

10(1)A licensee who is applying to have the licensee’s livestock operation licence amended shall provide the Registrar with

(a) a completed application,

(b) a site development plan in relation to the proposed livestock site in accordance with section 6,

(c) a description of the manure system in accordance with section 7, and

(d) a manure nutrient management plan in accordance with section 8.

10(2)A site development plan submitted under this section is, with respect to any dwellings that fall within the seven hundred and fifty metre radius required under paragraph 6(1)(b), required to show only those dwellings that were shown on the site development plan submitted at the time of initial licensing.

Refusal to issue, renew or amend licence

11The Registrar may refuse to issue, renew or amend a livestock operation licence if the applicant has been convicted of an offence under the Act or the regulations within three years before or after the date the Registrar receives the application for the licence.

Terms and conditions respecting siting of livestock facilities

12(1)It is a term and condition of a livestock operation licence that each livestock facility used in the operation shall be located

(a) not less than the minimum separation distance from all dwellings, other than

(i) a dwelling owned by the licensee,

(ii) if the licensee is a corporation, a dwelling owned or occupied by an officer, director or shareholder of the corporation, and

(iii) a temporary or seasonal dwelling, and

(b) not less than twenty metres from the boundary of the parcel on which the livestock facility is located.

12(2)Notwithstanding subsection (1), where an operation described in paragraph 4(1)(d) loses its exemption, the minimum separation distance prescribed in paragraph (1)(a) and the distance prescribed in paragraph (1)(b)

(a) applies to all livestock facilities constructed or added for use in the operation within the one year period before the Registrar receives an application for the initial licence,

(b) applies to all livestock facilities subsequently constructed or added for use after the period referred to in paragraph (a), and

(c) does not apply to a livestock facility used in the operation before the period referred to in paragraph (a).

12(3)For the purposes of issuing, renewing or amending a licence, the minimum separation distance for livestock facilities shall be calculated with respect to those dwellings that were in existence at the time the licence was initially issued.

12(4)Notwithstanding subsection (3), where an operation described in paragraph 4(1)(d) loses its exemption and where one or more livestock facilities were constructed or added for use in the operation within one year before the date the Registrar receives an application for the initial licence, the minimum separation distance shall be calculated with respect to those dwellings that were in existence at the time the first of those livestock facilities was constructed or added for use.

Terms and conditions respecting manure storage

13(1)It is a term and condition of a livestock operation licence that the licensee have and maintain sufficient capacity to adequately and safely store the manure produced by the livestock in the operation for at least two hundred and ten days after the first day of November in each year.

13(2)Subsection (1) does not apply where the Registrar has approved a manure nutrient management plan referred to in paragraph 8(b).

Livestock Operations Appeal Board

14(1)There is hereby established the Livestock Operations Appeal Board, which shall be composed of the chairperson appointed under subsection (2), a member appointed under subsection (3) and two members appointed by the chairperson, from time to time, from among the pool of ten persons appointed under subsection (4).

14(2)The Minister shall appoint as chairperson a barrister and solicitor who is a member in good standing of the Law Society of New Brunswick.

14(3)The Minister of Environment, in consultation with the Minister, shall appoint a member from the Land Use Planning Branch of the Department of Environment to be a member of the appeal board.

14(4)The Minister shall appoint ten persons that the Minister considers to be representative of livestock producers in the Province to a pool for the purposes of subsection (1), and no appointment shall be for a term exceeding three years.

14(5)The chairperson and the member appointed under subsection (3) shall be appointed for a term not exceeding three years.

14(6)A member of the appeal board continues to remain a member until the board completes all matters with respect to an appeal before it, notwithstanding that his or her appointment has expired or otherwise terminated.

14(7)The Minister may appoint a barrister and solicitor who is a member in good standing of the Law Society of New Brunswick, for a term not exceeding three years, to act as an alternate chairperson and the alternate chairperson may act in place of the chairperson, if the chairperson is unable to act for any reason, and has all the powers and duties of the chairperson with respect to an appeal.

2000, c.26, s.182; 2006, c.16, s.103

Livestock Operations Appeal Board

15(1)Three members of the appeal board, one of whom shall be the chairperson, constitutes a quorum and a decision of the majority of the members of the board is the decision of the board.

15(2)In the event of a tie, the chairperson shall have a second vote.

Procedure for appeal

16(1)An applicant or a licensee may appeal a decision of the Registrar to the appeal board by sending a notice of the appeal and the reasons for the appeal to the chairperson and a copy to the Registrar, in accordance with section 33 of the Act, within forty-five days after receiving the written decision of the Registrar.

16(2)A notice of appeal shall be accompanied by a fee of two hundred dollars, payable to the Minister of Finance, which shall be refunded if the decision of the Registrar is not confirmed.

16(3)The chairperson shall set a date for the hearing of the appeal no later than forty-five days after the date the notice of appeal is received and shall notify the Registrar and the person appealing of the date and place of the appeal.

16(4)The Registrar is a party to the appeal.

Procedure for appeal

17(1)Any party to the appeal may appear in person or be represented at the hearing by an agent or counsel.

17(2)Where the party appealing does not appear at the time and place set for the hearing of an appeal, the appeal board may dismiss the appeal.

Procedure for appeal

18The appeal board shall render its decision within thirty days after the hearing of the appeal has concluded.

Powers of the appeal board

19The appeal board may

(a) confirm the decision of the Registrar,

(b) vary the decision of the Registrar, or

(c) revoke the decision of the Registrar.

Practice and procedure of the appeal board

20Subject to this Regulation, the appeal board may provide for its own practice and procedure and may, in its discretion, adjourn a hearing from time to time.

Appeal not a stay of Registrar’s decision

21The initiation of an appeal shall not operate as a stay of the decision being appealed from and the decision being appealed from has the same force and effect as it would have had if no appeal had been initiated.

Allowances and expenses

22(1)Members of the appeal board shall be paid the following in respect of a hearing:

(a) the chairperson shall receive an allowance of five hundred dollars per hearing day; and

(b) members other than the chairperson and the member appointed under subsection 14(3) shall receive an allowance of $95.40 per hearing day.

22(2)Members of the appeal board shall be reimbursed all reasonable and necessary travelling expenses in accordance with the Travel Policy, Removal Expenses Policy, Senior Executive Travel Policy, Province of New Brunswick.

Allowances and expenses

23Members of an advisory committee appointed by the Minister under section 29 of the Act shall be paid as follows:

(a) the chairperson of the committee - an allowance of $119.25 per day;

(b) members other than the chairperson - an allowance of $95.40 per day; and

(c) all reasonable and necessary travelling expenses in accordance with the Travel Policy, Removal Expenses Policy, Senior Executive Travel Policy, Province of New Brunswick.

Commencement

24This Regulation comes into force on May 1, 1999.

SCHEDULE A

Minimum separation distance = A × B × C

A = 500 metres

B = the manure factor determined in accordance with Table 1

C = the livestock factor as determined in accordance with Table 2

Table 1

Manure Type	Manure storage system	Manure Factor
solid manure solid manure liquid or semi- solid manure liquid or semi- solid manure liquid or semi- solid manure	in situ open pile covered non- earthen tank open non-earthen tank open earthen storage	0.7 0.8 0.8 0.9 1.0

Solid manure is manure that has a moisture content of less than 80%.

Semi-solid manure is manure that has a moisture content of 80% to 90%.

Liquid manure is manure that has a moisture content of 90% or greater.

For an operation using more than one type of manure storage system, the highest manure factor of the systems being used shall be selected as the manure factor.

Table 2

Class of Livestock	Type of Housing	Livestock Factor
Caged layers Pullets Fox Mink Pigs Veal calf (white veal) All other livestock	manure stored in barn caged (manure stored in barn)	1.5 1.5 1.5 1.5 1.5 1.5 0.75

Where an operation has livestock with a livestock factor of 0.75 and livestock with a livestock factor of 1.5, the livestock factor to be used shall be 0.75 unless the operation has an aggregate of caged layers and pullets, housed as indicated in Table 2, exceeding 199 or an aggregate of fox, mink, pigs or veal calves (white veal) exceeding 19, in which case the livestock factor shall be 1.5.

N.B. This Regulation is consolidated to June 22, 2006.

99-32 - General

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