1992 Legislative Session: 1st Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 8th day of June, 1992
Ian D. Izard, Law Clerk.
MINISTER OF AGRICULTURE,
FISHERIES AND FOOD
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 10 of the Agricultural Land Commission Act, R.S.B.C. 1979, c. 9, is amended by adding the following subsection:
(6) The applications referred to in subsections (3) and (5) must be made in accordance with section 25.1.
2 Section 11 is amended by adding the following subsection:
(4) The applications referred to in subsections (1) and (2) must be made in accordance with section 25.1.
3 Section 12 (1) is amended by adding "in accordance with section 25.1," after "apply to the commission".
4 Section 20 (1) is amended by adding "made in accordance with section 25.1" after "hear applications".
5 The following sections are added:
25.1 (1) In this section, except in subsection (2), "application" means an application under section 10 (3) or (5) or 12 (1) or an application for permission under section 15 (2), 16, 18 or 19 (2).
(2) A municipality or regional district that makes an application to the Lieutenant Governor in Council under section 11 must pay the prescribed application fee.
(3) A person who makes an application to the commission, other than an application
(a) to use land in an agricultural land reserve for a prescribed type of use, or
(b) to subdivide land in an agricultural land reserve in prescribed circumstances,
must do so by submitting the application and, except in the case of an application under section 10 (33) or (5), by paying the prescribed application fee
(c) to the municipality, if the land described in the application is in a municipality, and
(d) to the regional district, if the land described in the application is in a regional district but not in a municipality.
(4) A person who makes an application to the commission
(a) for a prescribed type of use, or
(b) to subdivide land in prescribed circumstances
referred to in subsection (3) must submit the application and pay the prescribed application fee directly to the commission.
(5) In respect of an application to the commission
(a) for a prescribed type of use, or
(b) to subdivide land in prescribed circumstances
referred to in subsection (3), the commission may require assistance from a municipality or regional district in which the land described in the application is situated.
(6) The municipal council of a municipality or the regional board of a regional district that receives an application under subsection (3) shall
(a) review the application, and
(b) subject to subsection (7), forward the application to the commission together with the council's or board's comments and recommendations concerning the application.
(7) In a case where section 12 (4) or 20 (2) applies to an application or proposed application, the requirement in subsection (6) (b) to forward the application to the commission does not apply if the municipality's or regional district's authorization, required by that section, is refused.
25.2 (1) A municipality or regional district that receives application fees under section 25.1
(a) may retain a prescribed portion of the application fees, and
(b) must remit the balance of the application fees to the commission at the prescribed times.
(2) Despite subsection (1), in a case where section 12 (4) or 20 (2) applies to an application or proposed application and the municipality's or regional district's authorization required by that section is refused, the portion of the application fee that would otherwise be remitted to the commission under subsection (1) (b) shall be returned to the applicant by the municipality or regional district, as the case may be.
(3) Subject to the approval of the commission, if the clerk of a municipality or the secretary of a regional district considers that a case of hardship exists, he or she may waive the application fee payable under section 25.1 (3).
(4) If the commission considers that a case of hardship exists it may waive the application fee payable under section 25.1 (4).
(5) If, under section 25.1 (5), the commission requires assistance from a municipality or regional district, the commission must remit a prescribed portion of the application fee to the municipality or regional district.
(6) This section applies notwithstanding the Financial Administration Act.
32.1 The commission shall pay as soon as practical all money received by it, other than money received pursuant to an appropriation under a Supply Act or under section 32 of this Act, into the consolidated revenue fund.
6 Section 37 is amended by renumbering it as section 37 (1) and by adding the following subsection:
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
(a) establishing different application fees for different types of applications and applications in different circumstances, and
(b) exempting classes of persons from payment of a prescribed application fee.
Soil Conservation Act
7 Section 2 of the Soil Conservation Act, R.S.B.C. 1979, c. 391, is amended by renumbering it as section 2 (1) and by adding the following subsections:
(2) The commission in granting an approval under subsection (1 (a) may impose terms and conditions it considers advisable.
(3) The commission must promptly inform the applicant and the local authority of the commission's decision whether or not to grant the approval and of any terms and conditions imposed by the commission under subsection (2).
8 The following sections are added:
2.1 (1) A person may apply in respect of land in a municipality or regional district to a local authority for a permit under section 3 and to the commission for an approval under section 2 (1) (a) by
(a) submitting an application in the prescribed form and manner, and containing or accompanied by the prescribed information or types of information, and
(b) paying the prescribed application fee
to the local authority.
(2) The local authority that receives an application under subsection (1) must retain a copy of the application for its purposes relating to the permit applied for and forward the application to the commission for the commission's purposes relating to the approval applied for.
2.2 (1) A local authority that receives application fees under section 2.1 (1)
(a) may retain a prescribed portion of the application fees, and
(b) must remit the balance of the application fees to the commission at the prescribed times.
(2) Subject to the approval of the commission, if the secretary of, or other official authorized by, the local authority considers that a case of hardship exists he or she may waive the application fee payable under section 2.1 (1).
(3) The commission, as soon as practical, shall pay the money remitted to it under subsection (1) (b) into the consolidated revenue fund.
(4) This section applies notwithstanding the Financial Administration Act.
9 Section 3 is amended
(a) in subsection (1) by striking out "Where" and substituting "On application in accordance with section 2.1 (1), if ",
(b) in subsection (1) (b) by striking out "and paid the prescribed fee", and
(c) by repealing subsection (2) and substituting the following:
(2) A permit is subject to the prescribed terms and conditions and to any additional terms and conditions that are
(a) imposed by the local authority or by the commission, and
(b) included by the local authority in the permit.
10 Section 10 (1.1) and (2) is repealed and the following substituted:
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations
(a) establishing different application fees for different types of applications and applications in different circumstances,
(b) exempting classes of persons from payment of a prescribed application fee,
(c) prescribing conditions precedent to the granting of an approval of the commission under section 2 (1) (a) or of a permit by a local authority under section 3 (1),
(d) exempting from this Act the removal of soil or placing of fill
(i) from or on the right of way of a highway or drainage work,
(ii) for the purpose of clearing, preparing or cultivating land in accordance with good agricultural practice, or
(iii) for the bona fide purpose of carrying out a farming or horticultural operation designated by the regulations, and
(e) prescribing the terms and conditions of exemptions granted under paragraph (d).
11 This Act comes into force by regulation of the Lieutenant Governor in Council.
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