Confined Feeding Operations

Frequently Asked Questions

How to Request a Board Review

To request a board review of an approval officer’s decision, a written request must be filed with the board within 10 working days of receiving the decision. Requests must include the reasons for requesting the review and should provide sufficient information to show that the approval officer’s decision did not adequately address valid issues. Standard forms for requesting a board review are available on the NRCB website or may be obtained by contacting board review staff. These forms may be handwritten or typed; however, all requests for board review must have an original signature. If the form is typed, please remember to print a copy and include your signature on the last page.

Information required to request a board review is described in the Agricultural Operation Practices Act. The request for review forms prompt applicants to provide the information required by the act. For assistance, contact information is provided on the form along with details for filing the form with the board.

Intervener Funding
  The Agricultural Operation Practices Act does not contain provisions for intervener funding; therefore the board cannot award intervener funding costs for participation in board reviews. 
Who Can Request a Board Review

The operator or a directly affected party may submit a request for the board to review a decision issued by an NRCB approval officer. An affected party who filed a statement of concern during the permitting process, but who was determined by the approval officer not to be directly affected, may also apply to the board requesting their status to be reconsidered – this type of request may also be included with a request for board review. Requests for board review must be filed with the board within 10 working days of receiving the approval officer’s decision.

When the board receives a request for board review, it must decide whether the issues raised were adequately dealt with by the approval officer, and whether the issues contain sufficient merit to warrant a review. Following the board’s consideration of the request for review, the board will issue a decision report providing its reasons for either granting or denying the request. If more than one request for review is received on an approval officer’s decision, all of the requests will be addressed in the board’s decision report.

For enforcement orders issued by an inspector, the party to whom the order is addressed (for example, the owner or operator) may also ask the board to review the requirements of the order by applying to the board.
How a Board Review is Conducted
  A public review under the Agricultural Operation Practices Act is a public forum that allows the participation of all parties that are directly affected by an application. It allows for an open, public testing of evidence relating to the reviewable issues. The process ensures that all relevant arguments, for and against the proposed development, are heard.

The board may also conduct a written review or refer an issue to mediation.
Appeals to the Court of Appeal
  Applicants and directly affected parties have the right to apply to the Court of Appeal for permission to appeal a board decision. They must apply within 30 days of the release of the board’s written decision. The court will only consider applications that are based on a question of law or jurisdiction.
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