The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 27th day of November, 2018
Kate Ryan-Lloyd, Acting Clerk of the House
HONOURABLE LANA POPHAM
MINISTER OF AGRICULTURE
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 (1) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is amended
(a) by adding the following definition:
"additional residence" means a residence on a parcel of agricultural land, other than the principal residence; ,
(b) by repealing the definitions of "agricultural land" and "agricultural land reserve" and substituting the following:
"agricultural land" means land that
(a) is included in the agricultural land reserve under section 15 (1.1), 17 (3.1) or 45 (1) of this Act, or
(b) was included under a former Act as agricultural land or land in an agricultural land reserve,
unless the land has been excluded from the agricultural land reserve under this Act or from an agricultural land reserve under a former Act;
"agricultural land reserve" means the total of all agricultural land in British Columbia; ,
(c) by adding the following definitions:
"alter" means the following:
(a) to alter the exterior of a structure so as to increase its size;
(b) to move or alter the exterior walls or edges of a structure so as to change its siting;
"construct" means the following:
(a) to build a new structure;
(b) to place on land a new structure that is fully or partially pre-fabricated;
(c) to replace a structure, 75% or more of which has been substantially damaged or destroyed;
"exclusion application" means an application for exclusion made under section 29 (1) or 30 (1); ,
(d) by repealing the definition of "farm use" and substituting the following:
"farm use"
(a) means an occupation or use of agricultural land for
(i) farming land, plants, mushrooms, truffles or animals,
(ii) a farm operation as defined in the Farm Practices Protection (Right to Farm) Act, or
(iii) a purpose designated as a farm use by regulation, and
(b) does not include a residential use or a soil or fill use; ,
(e) in the definition of "fill" by striking out "on land in an agricultural land reserve" and substituting "onto agricultural land",
(f) by adding the following definition:
"former Act" means the Agricultural Land Reserve Act, R.S.B.C. 1996, c. 10, or the Land Reserve Commission Act, S.B.C. 1999, c. 14; ,
(g) by repealing the definition of "land reserve plan",
(h) in paragraph (b) of the definition of "local government" by adding "under the Islands Trust Act" after "local trust area",
(i) by adding the following definition:
"non-adhering residential use" means any of the following:
(a) an additional residence;
(b) a principal residence having a total floor area that is more than 500 m2;
(c) a use of a residential structure that contravenes the regulations; ,
(j) by repealing the definition of "non-farm use" and substituting the following:
"non-farm use" means a use of agricultural land other than a farm use, a residential use or a soil or fill use; ,
(k) in the definition of "owner" by repealing paragraph (c) and substituting the following:
(c) in relation to land that is vested, under an enactment, in a municipality, a regional district or a local trust committee, the municipality, regional district or local trust committee, as applicable, and ,
(l) by adding the following definitions:
"parcel" means land that is the subject of a single indefeasible title under the Land Title Act;
"principal residence" means the residence permitted under section 20.1 (1) (a);
"residential structure" means a structure used, during all or part of the year and whether fully or partially, as
(a) a residence,
(b) if prescribed, accommodation, or
(c) if prescribed, in relation to a residence or accommodation;
"residential use"
(a) means a use of agricultural land for a residential structure, and
(b) does not include a farm use or a soil or fill use;
"soil or fill use"
(a) means the removal of soil from, or the placement of fill on, agricultural land, and
(b) does not include a farm use or a residential use;
"use or subdivision application" means an application for permission made under any of the following:
(a) section 20 (2) for a non-farm use;
(b) section 20.1 (2) (a) for a non-adhering residential use;
(c) section 20.3 (5) for a soil or fill use;
(d) section 21 (2) for subdivision. , and
(m) by repealing the definition of "zone".
2 Section 1 (2) is amended by striking out "application under section 17 (3), 20 (3), 21 (2) or 30 (1)" and substituting "inclusion application under section 17 (3), a use or subdivision application or an exclusion application".
3 Sections 4.2 and 4.3 are repealed.
4 Section 6 is amended
(a) in paragraph (a) by striking out "agricultural land" and substituting "the agricultural land reserve",
(b) in paragraph (b) by striking out "on agricultural land" and substituting "of land within the agricultural land reserve", and
(c) in paragraph (c) by striking out "of agricultural land" and substituting "of land within the agricultural land reserve".
5 Section 11.1 is amended
(a) in subsection (2) by striking out "application under section 17 (1) (b) or (c) or (3), 20 (3), 21 (2), 29 (1) or 30 (1)" and substituting "inclusion application under section 17 (1) or (3), a use or subdivision application or an exclusion application", and
(b) by repealing subsection (4) (c).
6 Section 15 (1) is repealed and the following substituted:
(1) For the purposes of section 6, the commission may designate land, including Crown land, as agricultural land if the commission is satisfied that the land is suitable for farm use.
(1.1) Land designated as agricultural land under subsection (1) is included, on designation, in the agricultural land reserve.
7 Section 16 is repealed.
8 Section 17 is amended
(a) in subsection (1) by striking out "the addition to a designated land reserve plan" and substituting "the inclusion in the agricultural land reserve",
(b) in subsection (3) by striking out "as part of an agricultural land reserve" and substituting "land within the agricultural land reserve", and
(c) by adding the following subsection:
(3.1) Land designated as land within the agricultural land reserve under subsection (3) is included, on designation, in the agricultural land reserve.
9 The following section is added:
17.1 Agricultural land may be removed from the agricultural land reserve only by exclusion under section 29 (1) (a), 30 (2) (b) or 45 (1).
10 Section 18 is repealed and the following substituted:
18 (1) In this section:
"approving body" means one or more of the following:
(a) a local government, a first nation government or an authority;
(b) a board or other agency established by a local government, a first nation government or an authority;
(c) a person or agency that enters into an agreement under the Local Services Act;
"permitted non-farm use" means a non-farm use that is permitted under section 25 or 45 or the regulations.
(2) An approving body may approve or permit a non-farm use of agricultural land only if the non-farm use is a permitted non-farm use.
(3) An approving body may approve or permit a building or structure to be constructed or altered on agricultural land only if the building or structure
(a) is not a residential structure and will be used for a farm use or permitted non-farm use,
(b) is a principal residence and
(i) is of a size and is sited in accordance with section 20.1 (1), or
(ii) is permitted under section 25 or 45 or the regulations,
(c) is an additional residence and is permitted under section 25 or 45 or the regulations, or
(d) is a residential structure other than a residence and
(i) is of a size and is sited in accordance with the regulations or as permitted under an application made in accordance with the regulations, and
(ii) will be used as permitted under section 25 or 45 or the regulations.
(4) An approving body may approve or permit a soil or fill use of agricultural land only if the soil or fill use is permitted under section 20.3, 25 or 45.
(5) The following persons may not approve a subdivision of land that would cause agricultural land to be subdivided unless the subdivision is permitted under section 25 or 45 or the regulations:
(a) an approving officer under the Land Title Act, the Local Government Act or the Strata Property Act;
(b) a person who exercises the powers of an approving officer under any other Act.
11 Section 19 is repealed and the following substituted:
19 (1) In this section, "plan" means the following:
(a) a subdivision plan, reference plan, explanatory plan or other plan showing subdivision of land;
(b) a statutory right of way plan allowed under section 114 of the Land Title Act.
(2) Unless the subdivision of agricultural land is permitted under this Act, a registrar of titles must not, under the Land Title Act or the Strata Property Act, do either of the following things if it would cause the subdivision of agricultural land:
(a) accept an application for the deposit of a plan;
(b) permit a new parcel of land to be created by a metes and bounds description or an abbreviated description.
12 Section 20 is repealed and the following substituted:
20 (1) A person must not use agricultural land for a non-farm use unless permitted under section 25 or 45 or the regulations.
(2) A person may apply to the commission for permission under section 25 for a non-farm use of agricultural land if the person
(a) is an owner of the agricultural land, or
(b) has a right of entry, granted under an enactment, to the agricultural land.
13 The following sections are added:
20.1 (1) Unless permitted under section 20.2, 25 or 45 or the regulations, an owner of agricultural land who constructs, alters or uses a residential structure on the agricultural land must comply with all of the following:
(a) the agricultural land may have no more than one residence per parcel;
(b) the total floor area of a principal residence must be 500 m2 or less;
(c) the residential structure must be sized, sited and used, in accordance with all applicable regulations.
(2) An owner may apply
(a) to the commission for permission under section 25 for a non-adhering residential use, or
(b) in the manner set out in the regulations for a variation of or exemption from a regulation with respect to size or siting.
20.2 (1) In this section:
"as designed" means as stated or shown in
(a) a design, proposal or other plan approved under or accepted in support of an authorization, or
(b) a design or plan finalized, before the date this section comes into force, by an architect or engineer or, if none, the designer of the residence, if no authorizations are needed to construct or alter the residence;
"authorization" means a permit or other authorization, issued under an enactment, to construct or alter a residence;
"pre-existing residential structure" means a residential structure that exists on agricultural land on the date this section comes into force, and
(a) is an additional residence,
(b) is a principal residence having a total floor area of more than 500 m2, or
(c) is of a size or is sited in contravention of a regulation;
"unfinished pre-existing residence" means a residence to which all of the conditions in paragraphs (a) and (b), and either of paragraphs (c) or (d), apply:
(a) the residence, if completed as designed, will be an additional residence or have a total floor area of more than 500 m2;
(b) from the date construction or alteration of the residence began until completion, the construction or alteration
(i) is carried out in accordance with all applicable authorizations and enactments, and
(ii) continues without interruption, other than work stoppages considered reasonable in the building industry;
(c) in the case of a residence that, on completion, will be an additional residence,
(i) all required authorizations to construct or alter the residence were granted, and
(ii) construction of the foundation of the residence, or alteration of the residence, had substantially begun
before the date this section comes into force;
(d) in the case of a residence that, on completion, will be a primary residence, either
(i) all required authorizations to construct or alter the residence were granted before the date this section comes into force and construction of the foundation of the residence, or alteration of the residence, substantially begins on or before November 5, 2019, or
(ii) if no authorizations to construct or alter the residence are required, construction of the foundation of the residence, or alteration of the residence, had substantially begun before the date this section comes into force.
(2) Despite section 20.1 (1), an owner of agricultural land may, on or after the date this section comes into force, do one or more of the following:
(a) complete construction or alteration of an unfinished pre-existing residence that
(i) is a principal residence, but only if, on completion, the total floor area is as designed or less, or
(ii) is an additional residence, and
(b) alter a pre-existing residential structure, but only if, on completion, the alteration will lead to no further contravention of the Act or regulations.
20.3 (1) A person must not remove soil from or place fill on agricultural land unless one of the following applies:
(a) the removal or placement is permitted under section 25 or 45 and the removal or placement is done in accordance with the permission;
(b) the removal or placement is permitted under the regulations and the removal or placement is done in accordance with the regulations;
(c) the person
(i) is an owner of the agricultural land, or has a right of entry, granted under an enactment, to the agricultural land,
(ii) first submits to the chief executive officer the prescribed fee and notice of the person's intent, in the form and manner required by the chief executive officer, and
(iii) receives approval under subsection (2) (b) and removes the soil or places the fill in accordance with the approval, or is a person to whom subsection (4) applies.
(2) If the chief executive officer receives the fee and notice submitted under subsection (1) (c) (ii), the chief executive officer must do one or more of the following:
(a) request further information from the person who gave the notice;
(b) approve, in writing, the removal of soil or the placement of fill
(i) as set out in the notice, or
(ii) subject to limits and conditions;
(c) order, in writing, the person to stop or not engage in removing soil or placing fill unless permitted under section 25 or 45.
(3) If a person fails to comply with subsection (1) (c) (ii), the chief executive officer may do one or both of the following:
(a) order, in writing, the person to comply with subsection (1) (c) (ii);
(b) take the action described in subsection (2) (c).
(4) If the chief executive officer does not take an action described in subsection (2) within 60 days after receiving the fee and notice submitted under subsection (1) (c) (ii) or the information requested under subsection (2) (a), the person may remove soil from or place fill on the agricultural land as described in the notice.
(5) A person may apply to the commission for permission under section 25 for a soil or fill use of agricultural land
(a) if the person is an owner of the agricultural land, or has a right of entry, granted under an enactment, to the agricultural land, and
(b) whether or not a fee and notice have been submitted under subsection (1) (c) (ii) of this section or the chief executive officer has taken an action described in subsection (2) (b) (ii) or (c).
(6) The chief executive officer may delegate, in writing, the powers and duties of the chief executive officer under this section to an employee of the commission.
14 Section 21 is amended
(a) in subsection (1) by striking out "under this Act" and substituting "under section 25 or 45 or the regulations", and
(b) in subsection (2) by adding "for permission under section 25" after "apply to the commission".
15 Section 24 is amended by striking out "continued as an agricultural land reserve" and substituting "continued as agricultural land".
16 Section 25 is amended
(a) by repealing subsection (1) and substituting the following:
(1) On receiving a use or subdivision application,
(a) the commission, if required by the regulations, must reject the application, or
(b) if paragraph (a) of this subsection does not apply, the commission may, subject to subsection (1.1),
(i) refuse permission for the use or subdivision applied for,
(ii) grant permission, with or without limits or conditions, for the use or subdivision applied for, or
(iii) grant permission for an alternative use or subdivision, with or without limits or conditions, as applicable. ,
(b) by adding the following subsection:
(1.1) In making a determination under subsection (1) (b) with respect to an application for a non-adhering residential use, the commission
(a) must consider the prescribed criteria, if any, and
(b) must not grant permission for an additional residence unless the additional residence is necessary for a farm use. ,
(c) by repealing subsection (2),
(d) in subsection (3) (a) by striking out "agricultural or", and
(e) in subsections (4.1) and (4.2) by striking out "subsection (1) (b) or (c)" and substituting "subsection (1) (b) (ii) or (iii)".
17 Section 26 (1) is amended by striking out "applications for non-farm use or subdivision with respect to lands" and substituting "use or subdivision applications with respect to agricultural land".
18 Section 27 (1) (a) is repealed and the following substituted:
(a) specified types of use or subdivision applications or exclusion applications; .
19 Section 28 is repealed and the following substituted:
28 For greater certainty, if a parcel of land is not wholly within the agricultural land reserve, sections 18 (1) to (4) and 20 to 21 apply only to that portion of the parcel that is agricultural land.
20 Section 29 is amended
(a) in subsections (1) and (1.1) by striking out "an agricultural land reserve" wherever it appears and substituting "the agricultural land reserve", and
(b) in subsection (1) (b) by adding ", non-adhering residential use, soil or fill use" after "non-farm use".
21 Section 30 is amended
(a) in subsections (1) and (2) by striking out "an agricultural land reserve" wherever it appears and substituting "the agricultural land reserve",
(b) by repealing subsection (2) (c) and substituting the following:
(c) grant permission for a non-farm use, non-adhering residential use, soil or fill use or subdivision of the land. ,
(c) in subsection (3) by striking out "impose terms" and substituting "impose limits or conditions", and
(d) in subsection (4) (a) by striking out "agricultural or".
22 Section 30.1 is repealed.
23 Section 31 is amended by striking out "It is a condition of permission granted under section 25 (1) (b) or (c), 29 (1) or 30 (2) (b) or (c) that the owner or occupier" and substituting "It is a condition of a permission granted under section 25 (1) (b) (ii) or (iii), 29 (1) or 30 (2) (b) or (c) that the person to whom permission was granted".
24 Section 32 is repealed and the following substituted:
32 If land is excluded from the agricultural land reserve under this Act, the commission must do both of the following:
(a) amend the boundaries of the agricultural land reserve;
(b) notify the appropriate local government or first nation government and registrar of titles of the exclusion.
25 Section 33.1 (1) (a) is repealed and the following substituted:
(a) the chair considers that the decision may not fulfill the purposes of the commission as set out in section 6, and .
26 Section 34 is amended
(a) by repealing subsection (1) and substituting the following:
(1) In this section and in sections 35 and 36, "application" means the following:
(a) an inclusion application under section 17 (1) or (3);
(b) a use or subdivision application;
(c) an exclusion application. ,
(b) in subsection (2) by striking out "application to the commission under section 29" and substituting "exclusion application under section 29 (1)",
(c) in subsection (3) by striking out "application for inclusion under section 17" and substituting "inclusion application under section 17 (3)", and
(d) in subsection (3.1) (b) by striking out "application under section 17 (3)" and substituting "inclusion application under section 17 (3)".
27 Section 34.1 is amended
(a) in subsection (1) (a) by striking out "section 25 (1) (b) or (c)" and substituting "section 25 (1) (b) (ii) or (iii)", and
(b) in subsection (2) by striking out "section 25 (1) (b) or (c) or 30 (2) (b) or (c) and imposes one or more terms under section 25 (2) or 30 (3)" and substituting "section 25 (1) (b) (ii) or (iii) or 30 (2) (b) or (c) and imposes one or more limits or conditions under section 30 (3)".
28 Section 37 is amended by striking out "its designation as an agricultural land reserve" and substituting "its inclusion in the agricultural land reserve".
29 Section 40 (1) is amended
(a) by striking out "by order, may refer to the board" and substituting "may by order refer to the board",
(b) by repealing paragraphs (a) and (b) and substituting the following:
(a) an inclusion application under section 17 (1) or (3);
(b) a use or subdivision application;
(b.1) an exclusion application; , and
(c) by repealing paragraph (c) (ii) and (iii) and substituting the following:
(ii) an exclusion under section 29 (1) (a), or
(iii) a permission granted under section 29 (1) (b); .
30 Section 43 (3) (c) and (d) is repealed and the following substituted:
(c) an exclusion under section 29 (1) (a) or 30 (1);
(d) a permission granted or refused under section 29 (1) (b); .
31 Section 44 is amended
(a) in subsection (3) by striking out "in relation to land located in Zone 1,", and
(b) by repealing subsection (3.1).
32 Section 45 is amended
(a) in subsection (1) (a) by striking out "section 40 (1) (a) or (b)" and substituting "section 40 (1) (a), (b) or (b.1)", and
(b) in subsection (2) by striking out "and (3.1)".
33 Section 46 is amended
(a) in subsection (3) by striking out "the use of agricultural land in an agricultural land reserve" and substituting "the use of land in the agricultural land reserve",
(b) in subsection (5) (a) by striking out "a use of land in an agricultural land reserve" and substituting "a use of land in the agricultural land reserve", and
(c) in subsection (6) by striking out "farm use of agricultural land" and substituting "farm use, residential use or soil or fill use of land in the agricultural land reserve".
34 Section 49 (1) (b) (iii) is repealed and the following substituted:
(iii) the potential effects that the proposed changes to the use of the land may have on agricultural land; .
35 Section 53 (1) (c) is amended by striking out "in an agricultural land reserve".
36 Section 57 (1) is amended by adding the following paragraphs:
(b.1) section 20.1 (1);
(b.2) section 20.3 (1); .
37 Section 58 (2) is amended
(a) in paragraph (a) by striking out "uses of land" and substituting "uses of agricultural land",
(b) by repealing paragraphs (c.1) and (h),
(c) in paragraph (d.2) by striking out "sections 34.1 (2) (c) and 49 (3)" and substituting "sections 20.3 (1) (c) (ii), 34.1 (2) (c) and 49 (3)",
(d) in paragraph (i) by striking out "subdivision of land" and substituting "subdivision of agricultural land",
(e) by repealing paragraph (j) and substituting the following:
(j) specifying permitted non-farm uses for the purposes of section 20 (1); ,
(f) by repealing paragraph (j.1), and
(g) by adding the following paragraphs:
(j.2) prescribing, by type or purpose, structures that are residential structures, including permanent and temporary structures, vehicles used as residences, roads, utilities, recreational and storage facilities and landscaping;
(j.3) for the purposes of section 20.1 (1) (a) and (b), respecting circumstances in which
(i) an additional residence is permitted, or
(ii) a principal residence may have a total floor area of more than 500 m2;
(j.4) for the purposes of section 20.1 (1) (c),
(i) respecting the size and siting of residential structures and methods for determining size and siting,
(ii) requiring all residential structures to be sited within a prescribed area on a parcel of agricultural land, and
(iii) permitting or prohibiting types of residential uses and imposing limits or conditions on residential uses;
(j.5) for the purposes of section 20.1 (1) (c), providing a process to apply for a variation of or exemption from a regulation made under section 58 (2) (j.4) (i) or (ii), including
(i) respecting applications and fees for applications,
(ii) respecting hearings,
(iii) respecting matters that must be or may not be considered in making a determination, and
(iv) deeming an application to be a use or subdivision application for the purposes of the Act;
(j.6) for the purposes of section 20.3 (1) (b), specifying circumstances in which the removal of soil and placement of fill are permitted;
(j.7) for the purposes of section 21 (1), specifying permitted types of subdivision;
(j.8) for the purposes of section 25 (1) (a),
(i) specifying circumstances in which the commission must reject an application, or
(ii) establishing classes of applications and requiring the commission to reject an application unless the application is within an established class;
(j.9) for the purposes of section 25 (1.1), respecting criteria to be considered; .
38 Section 58 is amended
(a) in subsection (3) (i) by striking out "agricultural land reserves" and substituting "agricultural land and the agricultural land reserve",
(b) in subsections (5), (6) and (8) by striking out "land use" wherever it appears and substituting "agricultural land use",
(c) in subsection (6) by adding ", (j.5), (j.8) and (j.9)" after "subsection (2) (d.3)",
(d) by repealing subsection (7), and
(e) in subsection (8) by striking out "subsection (2) (a), (a.1), (b) and (j)" and substituting "subsection (2) (a), (a.1), (b), (j), (j.3), (j.4), (j.6) and (j.7)" and by adding ", including parcel size and location" after "or circumstances".
39 Section 61 (1) is amended by repealing the definition of "former Act".
40 The Lieutenant Governor in Council may by regulation amend section 20.2 (1) of the Agricultural Land Commission Act by striking out "the date this section comes into force" wherever it appears and substituting the date that provision comes into force.
Assessment Act
41 Section 23 (3.1) (e) of the Assessment Act, R.S.B.C. 1996, c. 20, is amended by striking out "an agricultural land reserve" and substituting "the agricultural land reserve, within the meaning of the Agricultural Land Commission Act,".
Assessment Authority Act
42 Section 19.1 (2) (b) of the Assessment Authority Act, R.S.B.C. 1996, c. 21, is amended by striking out "an agricultural land reserve that is established under" and substituting "the agricultural land reserve within the meaning of" and by striking out "sections 18 to 20 and 28 of that Act" and substituting "sections 18 to 20.3 and 28 of that Act".
Farm Practices Protection (Right to Farm) Act
43 Section 1 of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is amended
(a) by adding the following definition:
"agricultural land reserve" has the same meaning as in the Agricultural Land Commission Act; , and
(b) in paragraph (g) of the definition of "farm operation" by striking out "an agricultural land reserve" wherever it appears and substituting "the agricultural land reserve".
44 Section 2 (2) (b) (i) is amended by striking out "an agricultural land reserve" and substituting "the agricultural land reserve".
Hospital District Act
45 Section 28.1 (2) (b) of the Hospital District Act, R.S.B.C. 1996, c. 202, is amended by striking out "an agricultural land reserve that is established under" and substituting "the agricultural land reserve within the meaning of" and by striking out "sections 18 to 20 and 28 of that Act" and substituting "sections 18 to 20.3 and 28 of that Act".
Land Title Act
46 Section 86 (1) (c) (xi) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out "land in an agricultural land reserve" and substituting "agricultural land within the agricultural land reserve, as those terms are defined in the Agricultural Land Commission Act".
Local Government Act
47 Section 455 of the Local Government Act, R.S.B.C. 2015, c. 1, is amended
(a) by adding the following definition:
"agricultural land reserve" has the same meaning as in the Agricultural Land Commission Act; , and
(b) by repealing paragraph (a) of the definition of "farming area" and substituting the following:
(a) that is in the agricultural land reserve, .
48 Section 477 (3) (b) is amended by striking out "land in an agricultural land reserve established under the Agricultural Land Commission Act" and substituting "agricultural land in the agricultural land reserve".
49 Section 514 is amended
(a) by repealing subsection (3) (b) (i) and substituting the following:
(i) is not within the agricultural land reserve, and ,
(b) by repealing subsection (3) (c) (i) and substituting the following:
(i) is within the agricultural land reserve, and ,
(c) by repealing subsection (5) and substituting the following:
(5) A bylaw under subsection (4) does not apply to agricultural land within the agricultural land reserve, with the exception of agricultural land to which section 23 (1) or (2) [restrictions on use of agricultural land] of the Agricultural Land Commission Act applies. , and
(d) in subsection (8) by striking out "land that is not within an agricultural land reserve established under the Agricultural Land Commission Act, or that is within such a reserve but is land to which section 23 (1) or (2) of that Act applies" and substituting "agricultural land that is not within the agricultural land reserve, or that is within the agricultural land reserve but is agricultural land to which section 23 (1) or (2) of the Agricultural Land Commission Act applies".
50 Section 555 (2) is amended by striking out "land is located in an agricultural land reserve under the Agricultural Land Commission Act and that land is not subject to section 23 (1) [exception for small farms established before 1973] of that Act" and substituting "agricultural land is located in the agricultural land reserve and that agricultural land is not subject to section 23 (1) [exception for small farms established before 1973] of the Agricultural Land Commission Act".
School Act
51 Section 117.1 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended
(a) by adding the following definition:
"agricultural land reserve" has the same meaning as in the Agricultural Land Commission Act; , and
(b) in paragraph (a) of the definition of "dwelling property" by striking out "an agricultural land reserve as defined in section 1 (1) of the Agricultural Land Commission Act" and substituting "the agricultural land reserve".
52 Section 130 (1) (b) is amended by striking out "an agricultural land reserve that is established under the Agricultural Land Commission Act," and substituting "the agricultural land reserve," and by striking out "sections 18 to 20 and 28 of that Act" and substituting "sections 18 to 20.3 and 28 of the Agricultural Land Commission Act".
South Coast British Columbia Transportation Authority Act
53 Section 27.2 (2) (b) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended by striking out "an agricultural land reserve that is established under" and substituting "the agricultural land reserve within the meaning of" and by striking out "sections 18 to 20 and 28 of that Act" and substituting "sections 18 to 20.3 and 28 of that Act".
Water Sustainability Act
54 Section 1 (1) of the Water Sustainability Act, S.B.C. 2014, c. 15, is amended
(a) in the definition of "agricultural land reserve" by striking out "section 1 (1) [definitions] of", and
(b) by repealing paragraph (a) of the definition of "qualifying agricultural land" and substituting the following:
(a) in the agricultural land reserve, or .
55 This Act comes into force by regulation of the Lieutenant Governor in Council.