AOPA Concern #2: Enforcement
Insufficient staff
- There are 6 inspectors who oversee approximately 2000 CFOs in Alberta
- Due to “biosecurity claims”, NRCB inspectors may not be allowed access to some CFO facilities.
Regulations are weak and favour CFO operators
- 2004 and 2006 AOPA amendments have further diminished the rights of Albertans.
Best Management Practices
As long as “Best Management Practices (BMPs)” as defined by industry groups, are being followed, CFO operators will not be reprimanded. BMPs are inadequate and CFO operators have no incentive to use the more advanced options that are already available.
Complaint driven
The enforcement process is complaint driven. A facility is only investigated if a complaint, usually made by a neighbour, is made. Routine and/or random inspections should be mandatory.
Nuisance Claims
This section of AOPA has made it very difficult for any person to hold an operation accountable for any nuisance, including potentially harmful emissions/odours. If an affected party tries to hold an operation accountable by an action in the courts, Section 2:(4) of Chapter A-7 of AOPA “Nuisance” can make the affected party (plaintiff) pay all costs. This is a huge deterrent for any affected party to consider civil action. Also, if the operation has an approval, authorization, or registration from the NRCB, this supercedes any land use bylaw, leaving an elected body no authority to protect the rights of any affected party.
