Q: Our neighbours are raising leaf cutter bees that have spread to our land and are nesting in all kinds of places including our buildings. What can we do?
A: Anything that happens on one parcel of land and spreads to neighbouring land, be it dust, smoke, odours or spray drift, which affects the ability of the neighbour to use and enjoy her land, is considered a nuisance. The person who is affected by nuisance and not able to fully enjoy their property can claim against the owner responsible for the nuisance.
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While I’m not aware of any cases involving nuisance claims arising from bees, in my opinion bees that come from a neighbouring property and nest in your land are a nuisance. In addition to seeking damages, a person can ask for a court-ordered injunction requiring the neighbour to cease or change their operation.
However, there are special rules regarding nuisance claims against farm operators. Legislation in all three prairie provinces protects farmers from nuisance claims if the farmer is using normally acceptable farm practices. Complaints must be addressed to a farm practices or agricultural operations board, which then determines whether the practice is within what is considered to be normally acceptable farm practices.
Before holding a hearing to determine whether such a practice is normally acceptable, board staff will try to mediate the dispute. A nuisance lawsuit cannot begin until notice has been given to the board – 90 days in most provinces – and cannot be maintained if the farm operations board has found it to be within acceptable agricultural practices. Similarly, an injunction cannot be sought against a farmer who has been deemed to be using acceptable farm practices.
In all three prairie provinces, beekeeping or the production of honey falls with the definition of agricultural operations and complaints about beekeepers must be addressed to the board. In addition to complying with farm practices legislation, beekeepers must register with the appropriate agriculture department in all three provinces.
In Saskatchewan, the board can be contacted by writing to Room 202, 3085 Albert St., Regina, S4S 0B1 or by phoning 306-787-4693. In Manitoba, contact The Farm Practices Protection Board, 812 Ð 401 York Ave., Winnipeg, R3C 4G4, phone 204-945-4495. In Alberta, complaints about farm practices can be addressed to the Farmers Advocate office, 305, 7000 Ð 113th St., Edmonton, Alta., T6H 5T6, phone 780-427-2433 or 310-0000.
Don Purich is a former practising lawyer who is now involved in publishing, teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
