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Originally published:

July 2018
Vol. 104 Issue 7

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Stories In This Edition

Sweet basil

Committee cancels meetings

Sidebar: Greater co-ordination; less conflict

Prince George packing plant gets further study

Sidebar: Co-op model lets producers pocket profits

Editorial: Buy the billions

Back Forty: Canada isn’t the cure for what ails US dairy

OpEd: Dairy industry will endure current trade issues

ALC allegations nix Delta farmer’s vision

Letters: Elk know no boundaries

Precautions taken against Japanese beetle

Great spring for nurseries

Chicken pricing formula isn’t right

Pitt crew

Criteria for Crown tenure still unclear

McClary’s leased to Aquilinis

Strawberries kick berry season off to good start

Food advocates grapple with rural-urban interface

Research updates presented to cherry growers

New farmers need to research livestock needs

Time for tea

Ag Brief: Farmers still waiting on new ag waste regs

Ag Brief: Drought watch

AgBrief: Good to meet ewe

Ag Brief: Staff change at FF/CF

Ag Brief: Market trail

Riparian restorations benefit from farm funding

Young Farmers network at Okanagan tour

Salmon Arm fleece brings top dollar

Perseverance, ingenuity aid haskap harvest

BC ranchers praised for wildfire response

Committee work pinpoints rancher priorities

Mentorship program helps expand horizons

Tour gives public insight to dairy farming

Island welcomes Angus breeders

Experts weigh in on future of raspberry cultivars

Preparation, customer service key to market success

Top 10 list for market success

UVF ag curriculum continues to diversify

Research: Going green

Buy BC relaunched

Farm camps for kids

Henderson continues on crash course

Jude’s Kitchen: It’s easy to make July veggie month

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14 hours ago

A draft update to the Code of Practice for the Care and Handling of Beef Cattle is now open for public comment until June 12. The code, one of 14 animal care codes developed and maintained by the National Farm Animal Care Council, is undergoing a routine 10-year review. "Your feedback will help shape the industry's guide to cattle welfare for the next decade," says Canadian Cattle Association policy manager Jessica Radau, urging producers to weigh in. For more information, visit tinyurl.com/58a3u9fz.

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A draft update to the Code of Practice for the Care and Handling of Beef Cattle is now open for public comment until June 12. The code, one of 14 animal care codes developed and maintained by the National Farm Animal Care Council, is undergoing a routine 10-year review.  Your feedback will help shape the industrys guide to cattle welfare for the next decade, says Canadian Cattle Association policy manager Jessica Radau, urging producers to weigh in. For more information, visit https://tinyurl.com/58a3u9fz.

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I sat in the webinar yesterday by the Canadian Cattle Association. My initial concern was that this would be another "play" into the government's hands. It has been worked on by people that are actually in the Beef industry from Cow calf to feedlot. The thrust is an update of the 2013 Code of Practice which was reviewed in 2018. The changes are more a move from "left to the producers discretion" to clearer directions regarding pain management, proper transport of animals which are impaired and keeping cattle in in good condition. Much of what is recommended is what producers who care about animal husbandry already do. The important part is to GIVE THEM FEEDBACK good, bad or otherwise. The document is about 60 pages long, and I ran it through CHAT to see what had been changed. It is important to understand that the PUBLIC is invited to comment on the draft not just producers. Think about it... do you really want the public influencing how you manage your cattle. If you think that this is just one of those things, I have been following Bill 22 in Alberta which will grant the SPCA a proactive roll in entering farms and checking on animals. When I asked CHAT how the new bill relates to the Cattle Code, it came back that the Code although not a regulation will be able to be used as a guide by producers for backup in dealing with the SPCA regarding cattle conditions, sick animal handling etc. Take the time.... Go onto the Canadian Cattle Association website and speak to those parts that you wish to input.

2 days ago

According to the BC River Forecast Centre, the Okanagan snowpack stood at just 58% of normal on April 1 — the lowest reading since measurements began in 1980 — raising concerns about drought conditions in the region this summer. The rest of the province sits at 92% of normal.

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According to the BC River Forecast Centre, the Okanagan snowpack stood at just 58% of normal on April 1 — the lowest reading since measurements began in 1980 — raising concerns about drought conditions in the region this summer. The rest of the province sits at 92% of normal.

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3 days ago

At her first AGM as executive director of BC Meats, held Saturday in Abbotsford, Jennifer Busmann spoke about her strong ties to agriculture and her optimism for the organization's future. Busmann has cattle of her own and came to the role with existing relationships with members and the board of directors that helped her feel integrated from the start. She stepped into the position in Februa#BCAg#BCAg ... See MoreSee Less

At her first AGM as executive director of BC Meats, held Saturday in Abbotsford, Jennifer Busmann spoke about her strong ties to agriculture and her optimism for the organizations future. Busmann has cattle of her own and came to the role with existing relationships with members and the board of directors that helped her feel integrated from the start. She stepped into the position in February.

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5 days ago

Shannon Wiggins of Headwind Farm in North Saanich is this year's Mary Forstbauer Grant recipient from the BC Association of Farmers Markets. The $500 grant will help Wiggins expand her plot at Sandown Centre for Regenerative Agriculture, growing more storage crops to extend her harvest season. Wiggins credits farmers markets with inspiring her own farming journey and commitment to building community through food. Congratulations!

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Shannon Wiggins of Headwind Farm in North Saanich is this years Mary Forstbauer Grant recipient from the BC Association of Farmers Markets. The $500 grant will help Wiggins expand her plot at Sandown Centre for Regenerative Agriculture, growing more storage crops to extend her harvest season. Wiggins credits farmers markets with inspiring her own farming journey and commitment to building community through food. Congratulations!

https://tinyurl.com/45bddtw8

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Wahoo! Congrats Shannon! I love your produce. Can’t wait for the radishes 🫜

Congratulations!

Well done!! 🩷🩷🩷

6 days ago

New farmers can avoid costly mistakes by learning from those who've been there. At a Young Agrarians mixer in Penticton, five BC farmers shared hard-won lessons on pricing, pivoting, relationships and burnout. From coyote losses to business burnout, their message was clear: set prices that reflect true costs, make decisions quickly and don't let farming define your worth. Myrna Stark Leader's story appears in our April e-edition, now available to view online at: tinyurl#BCAg2uw53vvm

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New farmers can avoid costly mistakes by learning from those whove been there. At a Young Agrarians mixer in Penticton, five BC farmers shared hard-won lessons on pricing, pivoting, relationships and burnout. From coyote losses to business burnout, their message was clear: set prices that reflect true costs, make decisions quickly and dont let farming define your worth. Myrna Stark Leaders story appears in our April e-edition, now available to view online at: https://tinyurl.com/2uw53vvm

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ALC allegations nix Delta farmer’s vision

Cranberry venture bogged down in legal wrangling

July 1, 2018 bySean Hitrec

DELTA – Don Malenstyn has all but given up on his career and passion after losing an appeal of a remediation and stop-work order from the Agricultural Land Commission.

“I didn’t think I’d ever say it, but I’m done. This is ridiculous. This is 54 years of my life completely wasted,” he says, surveying the 80-acre property where he was raised.

The property now hangs in a state of limbo, eight years after his efforts to work with the local water table incurred the wrath of neighbours and the ALC.

Years of losing his potato crop to summer flooding prompted Malenstyn to take matters into his own hands and begin filling the property with a view to growing cranberries and leaving his son an arable property.

The water woes started more than 20 years ago when Delta began pumping water from the Fraser River into irrigation ditches along 104th Street. Malenstyn’s property is one of the lowest in Delta; some areas dip below sea level.

“I’ve had 89% of my [potato] crop lost. That was 2001, the year my son was born, and I worked three other jobs to support the farm. I didn’t see money till 2005 from Delta,” he says, referring to an out-of-court settlement.

Malenstyn adds that salinity from the Fraser River salt wedge and leaks in his neighbour’s septic tank flow into his ditch. To solve the problem, he created a four-metre-deep, above-ground reservoir, with plans to have his own closed-loop filtration system for his cranberry bogs (which need fresh water all-year round).

Malenstyn, who had accepted fill from Delta to help fix his water problem since 1996 without issue, began accepting fill in larger quantities from local developers in 2009 to complete the work.

But the new deliveries attracted greater scrutiny than in the past, thanks to concerns over illegal fill operations. With booming development in the Lower Mainland, it was often cheaper for companies to pay landowners to take fill than to transport it to designated fill sites. But the Agricultural Land Commission Act says landowners need to seek approval before accepting fill.

“There’s a lot of fill looking for a place to land,” says ALC director of policy and planning Martin Collins. “The reality is … the money you can get for [taking fill] can ruin a property forever for agriculture, yet pay for the property.”

In 2010, the ALC ordered Malenstyn to stop receiving fill because it didn’t see how it was for farm use. He gave the ALC a farm plan made with agrologist Danny Grant a month later and says he stopped receiving fill in 2011.

He built his reservoir and two cranberry cells (by stripping the land, putting fill down and then placing the original soil on top) before he was stopped again.

The ALC issued a stop-work and remediation order to Malenstyn in May 2017, instructing him to remove all the material, save his cranberry bogs, from the property and appropriately dispose of it at an “authorized disposal site.”

Malenstyn says he made enough from fill deliveries to cover most of the costs of converting his property to cranberry bogs. Yet after consulting a second agrologist, Gordon Butt, creating a farm plan, having WCB inspect the safety of his reservoir and hiring a lawyer for help, he appealed the order and was rejected in late January 2018.

The appeal panel of four representatives from the ALC suspected he was taking the fill for profit. Among other things, they charged him with the task of proving he was not guilty of this by revealing the income he made.

“The Appeal Panel considers that the motivation for the above ground reservoir may have been the income that could be received from fees,” the panel’s decision says.

Malenstyn did not, nor was he required, to share his income with the ALC according to his lawyer, Alastair Wade.

This wasn’t the only aspect of the appeal process that struck Wade as abnormal.

Wade specializes in litigation with nonjudicial bodies such as the ALC and says he had just two hours to present Malenstyn’s case, where the norm is “as much time as you need.” Nor was Malenstyn given a chance to respond to points the ALC raised in the final ruling.

“Under the Farm Practices Act, you have the right to make dikes and you have the right to make roads on your property and you have the right to farm it in accordance with appropriate farm practices. Mr. Malenstyn produced not one, but two different agrologists which supported his plan to make this a productive cranberry bog,” Wade says.

But what about seeking approval for taking fill?

“The appellant didn’t seem to think that he had to have any approval at all,” Collins says. “We have a decade or more of filling [on Malenstyn’s property]. [He’s] not really growing any substantive amount of cranberries and yet we have this infrastructure that’s beyond typical; in fact it’s the only one of its kind in the Fraser Valley.”

Malenstyn says his farm plan shows that he was using the fill for farm use and he can’t farm a “substantive amount” of cranberries because he’s unable to complete construction.

“In the end it’s a difficult call,” says Collins, referring to the ALC’s speculation about Malenstyn’s plans. “Ascribing motivations is very chancy. When we said ‘may,’ we don’t really know, but we just are going by normal farm practice and procedure that is followed by everybody else and he’s outside of those bounds.”

Wade says that ignores how farming works in the real world.

“The mere fact that some people don’t grow cranberries the same way as other people grow cranberries doesn’t make one right and one wrong,” he says. “It’s just a different way of doing it.”

Malenstyn now grows cow corn and sells pigs and fresh eggs, which together barely pay his bills.

And it’s certainly not enough to fund compliance with the ALC’s order, or take further steps to transform his property into productive farmland in one of the most fertile parts of BC.

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