Confined feeding operations

Alberta’s confined feeding operations are regulated under the Agricultural Operation Practices Act (AOPA). AOPA is provincial legislation that falls under the responsibility of Agriculture and Rural Development. The Natural Resources Conservation Board (NRCB) was delegated regulatory authority by the act effective January 1, 2002. Prior to NRCB authority, Alberta municipalities were responsible for licensing confined feeding operations and monitoring compliance with permits.

A memorandum of understanding between the Minister, Environment and Sustainable Resource Development, the Minister, Agriculture and Rural Development, and the chair and chief executive officer of the NRCB describes the purpose of AOPA and the governance of the NRCB with respect to the act.

The NRCB reviews applications for new or expanding confined feeding operations, and monitors and enforces compliance with the act, its regulations and permit conditions. The NRCB also provides a 24 hour, toll free call centre service for complaints about confined feeding operations. Its board conducts hearings to review approval officer and inspector decisions.

AOPA defines a confined feeding operation as:

“Fenced or enclosed land or buildings where livestock are confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing and any other building or structure directly related to that purpose but does not include residences, livestock seasonal feeding and bedding sites, equestrian stables, auction markets, race tracks or exhibition grounds."

Under AOPA, operators of confined feeding operations or manure storage facilities are required to apply to the NRCB for a permit of approval, registration, or authorization before beginning any construction or expansion. AOPA sets out mandatory standards that address risk to the environment and impact on the community. These requirements inform the decisions of approval officers with respect to applications for new or expanding operations, and the decisions of inspectors with respect to compliance issues.

AOPA also sets out appeal provisions. Operators and directly affected parties may request a board review of an approval officer decision. Operators may request a board review of an inspector’s decision. The Court is the appeal authority for board decisions.