1994 Legislative Session: 3rd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE DAVID ZIRNHELT
MINISTER OF AGRICULTURE,
FISHERIES AND FOOD

BILL 30 -- 1994

AGRICULTURAL LAND COMMISSION
AMENDMENT ACT, 1994

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 of the Agricultural Land Commission Act, R.S.B.C. 1979, c. 9, is amended by adding the following definition:

"approving officer" means an approving officer as defined in the Land Title Act; .

2 The following section is added:

Completion of proceedings

2.1 (1) Subject to subsection (2), a member of the commission, after being appointed, may take up and carry on to completion all proceedings commenced under this Act but not completed before the member's appointment.

(2) A member of the commission who was not present at the hearing of an application or other matter under this Act may vote on the application or matter only if a record of the hearing is given to the member before the vote.

3 Section 7 is repealed and the following substituted:

Objects and powers

7 (1) It is the object of the commission to

(a) preserve agricultural land,

(b) encourage the establishment and maintenance of farms, and the use of land in an agricultural land reserve compatible with agricultural purposes,

(c) assist municipalities and regional districts in the preparation of land reserve plans required under this Act, and

(d) encourage municipalities, regional districts, first nations and ministers, ministries and agents of the governments of British Columbia and Canada to support and accommodate farm use of agricultural land in their bylaws, plans and policies.

(2) The commission has the power, by itself or in cooperation with the entities referred to in subsection (1) (d), to acquire and dispose of property.

4 Section 12 (4) is repealed and the following substituted:

(4) If an application under this section

(a) applies to land that is zoned to permit agricultural or farm use in a bylaw, or

(b) requires, in order to proceed, an amendment to an official settlement plan, official community plan, official development plan, rural land use bylaw or zoning bylaw,

of a municipality or regional district adopted under the Municipal Act or the Vancouver Charter that is in force on the day that the application is made, the application may not proceed under this section unless so authorized by a resolution of the municipality or the regional district.

5 Section 15 is amended

(a) in subsection (1) by striking out "This section" and substituting "Subject to subsection (1.1), this section", and

(b) by adding the following:

(1.1) For greater certainty, if the boundary of an agricultural land reserve divides a parcel of land, this section and sections 16 to 22 apply only to that portion of the parcel that is designated as an agricultural land reserve.

6 Section 16 is amended

(a) by renumbering the section as section 16 (1),

(b) by repealing subsection (1) (b) and substituting the following:

(b) an approving officer may not approve a subdivision of agricultural land under the Land Title Act, the Condominium Act or the Municipal Act; and

(c) a board of variance may not permit agricultural land to be used for other than farm use under the Municipal Act. , and

(c) by adding the following subsection:

(2) Subsection (1) (b) applies to any person who exercises the authority of an approving officer under any other Act.

7 Section 19 is amended by adding the following:

(3) For greater certainty, the exception in subsection (2) applies only to the land that was actually being used for other than a farm use and not to the entire parcel on which that use was being carried on.

8 Section 20 is amended

(a) in subsection (1) by striking out "hear applications" and substituting "decide applications", and

(b) by repealing subsection (2) and substituting the following:

(2) If an application under this section

(a) applies to land that is zoned to permit agricultural or farm use in a bylaw, or

(b) requires, in order to proceed, an amendment to an official settlement plan, official community plan, official development plan, rural land use bylaw or zoning bylaw, of a municipality or regional district adopted under the Municipal Act or the Vancouver Charter that is in force on the day that the application is made, the application may not proceed under this section unless so authorized by a resolution of the municipality or the regional district.

(3) In deciding an application under this section, the commission may, under the regulations, hold a hearing or may make a decision on the basis of written representations only.

9 The following sections are added:

Delegation of section 20 powers to municipalities and regional districts

20.1 (1) The commission may enter into an agreement with a municipality or regional district to enable the municipality or regional district to exercise some or all of the commission's power to decide applications under section 20 with respect to lands within the municipality or regional district.

(2) If an agreement is entered into under subsection (1), the municipality or regional district must, with respect to an application covered by the agreement,

(a) consider each application in the prescribed manner, and

(b) advise the commission in the prescribed manner of each application received and the decision made on each application.

(3) A decision made by a municipality or regional district under this section must be made by resolution of the council or board, as the case may be.

(4) The Lieutenant Governor in Council may make regulations respecting the terms of agreements entered into under this section.

(5) If the commission's power to decide applications under section 20 is delegated to a municipality or regional district by an agreement entered into under this section, the decision of the municipality or regional district is a decision of the commission for the purposes of this Act.

(6) If a municipality or regional district has the power to decide an application under an agreement entered into under subsection (1)

(a) an application that would be required to be submitted to the municipality or regional district under section 25.1 for review, comment and recommendation must be made directly to the municipality or regional district,

(b) the entire fee payable under section 25.1 with respect to the application may be retained by the municipality or regional district, and

(c) sections 28.2 to 28.6 apply to the application as if the application were before the commission.

General manager may approve specified section 20 applications

20.2 (1) The commission may, by resolution, establish criteria under which

(a) specified types of applications under section 20, or

(b) applications under section 20 with respect to specified regions of British Columbia, would be approved by the commission.

(2) The commission must put the criteria established under subsection (1) in writing and make them available for inspection during ordinary business hours.

(3) An application under section 20 that meets the criteria established under subsection (1) may be approved by the general manager on the conditions that the general manager may impose.

(4) The conditions imposed by the general manager under subsection (3) must be consistent with the criteria established by the commission under subsection (1).

(5) If the general manager is of the opinion that the application does not meet the criteria specified under subsection (1) or for any other reason does not wish to approve the application under subsection (3), the application must be referred to the commission for a decision.

(6) An approval of a section 20 application made by the general manager under subsection (3) is a decision of the commission for the purposes of this Act.

(7) The general manager may not exercise a power that has been delegated to a municipality or regional district through an agreement entered into under section 20.1.

Decisions may be appealed

20.3 Without limiting section 20.1 (5) or 20.2 (6), a decision of the municipality or regional district under section 20.1 or of the general manager under section 20.2 is a decision that may be appealed under section 21.

Reconsideration of decisions

20.4 (1) If the commission determines, on the written request of a person affected or on the commission's own initiative, that

(a) evidence not available at the time of an original decision of the commission under this Act has become available, or

(b) a decision of the commission under this Act was based, in whole or in part, on evidence that was in error or was false, the commission may reconsider that decision and may confirm, reverse or vary it.

(2) The commission must give notice of its intention to reconsider a decision under subsection (1) to any person that the commission considers is affected by the reconsideration.

10 The following section is added:

Inspections

22.1 (1) For the purpose of deciding an application under this Act or ensuring compliance with this Act, the regulations or an order of the commission, a member of the commission, or a person appointed under section 5 and designated in writing by the commission for the purpose, may

(a) enter any land, other than a dwelling house,

(b) make any surveys, analyses, inspections, examinations or soil tests that are necessary to determine

(i) the current use of the land,

(ii) the suitability of the land for farm use, or

(iii) the potential impact of proposed changes to the use of the land on land in an agricultural land reserve, and

(c) remove soil samples for the purposes of conducting the analyses and tests referred to in paragraph (b).

(2) A person who hinders, obstructs, impedes or otherwise interferes with a person exercising a power under subsection (1) commits an offence.

11 Section 25.1 (2) is amended by striking out "the Lieutenant Governor in Council" and substituting "the commission".

12 The following section is added:

Notice of applications

25.3 (1) In this section "application" means an application under section 25.1.

(2) A person who makes an application must, in the prescribed circumstances,

(a) give notice of the application in accordance with the regulations before submitting the application, and

(b) provide evidence, satisfactory to the commission, that the applicant has complied with the notice requirements of the regulations.

(3) A municipality or regional district that has the power to decide an application through an agreement entered into under section 20.1 must ensure that the application is accompanied by evidence, satisfactory to the municipality or regional district, that the applicant has complied with the notice requirements of the regulations.

(4) A decision of the commission or of a municipality or regional district with respect to an application is not invalidated by reason only of the failure of the applicant to comply with the notice requirements of the regulations, if the applicant made reasonable efforts to comply with those requirements.

13 Section 31 is repealed and the following substituted:

Conflict with bylaws

31 (1) In this section "bylaw" means

(a) a bylaw made by a municipality or regional district under the Municipal Act or the Vancouver Charter that adopts an official settlement plan, official community plan, official development plan, rural land use bylaw or zoning bylaw, and

(b) any other bylaw respecting land use in a municipality or regional district made by a municipality or regional district under any other enactment.

(2) Every municipality and regional district must ensure that its bylaws are consistent with this Act, the regulations and the orders of the commission.

(3) Subject to subsection (4), nothing in this Act affects or impairs the validity of a bylaw relating to the use of agricultural land in an agricultural land reserve.

(4) A bylaw that is inconsistent with this Act, the regulations or an order of the commission is, to the extent of the inconsistency, of no force or effect.

(5) Without limiting subsection (4), a bylaw that

(a) allows agricultural land in an agricultural land reserve to be used for a use not permitted by this Act, the regulations or an order of the commission, or

(b) contemplates a use of land that would impair or impede the intent of this Act, the regulations or an order of the commission, whether or not that use requires the adoption of any further bylaw, the giving of any consent or approval or the making of any order, is deemed to be inconsistent with this Act.

(6) A bylaw that provides restrictions on farm use of agricultural land additional to those provided by this Act and the regulations is not, for that reason alone, inconsistent with this Act and the regulations.

(7) The Offence Act does not apply to a contravention of subsection (2).

(8) This section applies only to bylaws made after this section comes into force.

14 The following section is added:

Civil liability

35.1 (1) No action for damages lies or may be brought against any member of the commission or any person appointed under section 5 because of anything done or omitted in good faith

(a) in the performance or purported performance of any duty under this Act, or

(b) in the exercise or purported exercise of any power under this Act.

(2) Subsection (1) does not absolve the commission from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

15 Section 37 is amended

(a) in subsection (2) by striking out "and" at the end of paragraph (a) and by adding the following:

(c) respecting the terms of an agreement entered into under section 20.1,

(d) respecting the manner in which a municipality or regional district is required to

(i) consider an application, and

(ii) advise the commission of an application received and a decision made on an application, for the purpose of section 20.1 (2),

(e) prescribing circumstances in which notice of an application is required to be given under section 25.3, and

(f) respecting the notice requirements for the purpose of section 25.3, including prescribing a form of notice, , and

(b) by adding the following subsection:

(3) A regulation made under subsection (2) (f) may prescribe different notice requirements for different types of applications or different areas of British Columbia.

 
Consequential Amendments

 
Municipal Act

16 Section 947 of the Municipal Act, R.S.B.C. 1979, c. 290, is amended

(a) in subsection (2) by adding the following:

(a.2) if the plan applies to land in an agricultural land reserve established under the Agricultural Land Commission Act, refer the plan to the Provincial Agricultural Land Commission for comment, , and

(b) by adding the following:

(2.2) The minister may make regulations

(a) defining areas for which and describing circumstances in which subsection (1) (a.2) does not apply, and

(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by the minister.

Validations

17 (1) In this section "agricultural land reserve" means an agricultural land reserve established under section 8 of the former Act;

"commission" means the Provincial Agricultural Land Commission continued under section 2 of the Agricultural Land Commission Act;

"former Act" means the Land Commission Act, S.B.C. 1973, c. 46;

"land reserve plan" means the land reserve plan of the regional district listed in column 1 of the Schedule, adopted by the bylaw of the number listed opposite it in column 2 on the date listed opposite it in column 3, and filed with the commission under section 8 (2) of the former Act.

(2) Despite any decision of a court to the contrary, all amendments to a land reserve plan made and recommended by the commission under section 8 (6) of the former Act are confirmed and validated effective the date on which each of the amendments was purported to have been made and recommended.

(3) Despite any decision of a court to the contrary, the orders in council, approving land reserve plans under section 8 (6) of the former Act, listed in column 4 of the Schedule, are confirmed and validated effective the date on which each of the orders in council was purported to have been made.

(4) Despite any decision of a court to the contrary, the designations of land as an agricultural land reserve made by the commission under section 8 (6) of the former Act and contained in the resolutions of the commission listed in column 5 of the Schedule are confirmed and validated effective the date on which each of the designations was purported to have been made.

(5) Everything done that would have been validly done had the acts validated by this section been validly done on the date they were purported to have been done is conclusively deemed to have been validly done.

(6) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.

Commencement

18 (1) Subject to subsection (2), this Act comes into force by regulation of the Lieutenant Governor in Council.

(2) Section 17 is deemed to come into force on the day this Act receives First Reading in the Legislative Assembly and is retroactive to the extent necessary to give it effect on and after that day.

SCHEDULE
(Section 17)

REGIONAL
DISTRICT
BYLAW
NUMBER
BYLAW
DATE
APPROVAL
ORDER IN
COUNCIL
DESIGNATION
RESOLUTION
Alberni-Clayoquot
47
Oct. 24/73
1246/74
173/74
Bulkley-Nechako
79
Nov. 22/73
3953/74
193/75
Capital
150
Nov. 2/73
2125/74 
181/74
Cariboo
238
Feb. 15/74
3744/74
190/74
Ocean Falls
1
May 31/74
132/75
194/75
Central Fraser Valley
73
Oct. 22/73
1244/74
175/74
Central Kootenay
150
Jan. 5/74
3076/74
189/74
Central Okanagan
71
Dec. 5/73
2413/74
183/74
Columbia Shuswap
70
Dec. 18/73
2856/74
187/74
Comox Strathcona
113
Nov. 14/73
1645/74
177/74
Cowichan Valley
120
Nov. 14/73
1646/74
176/74
Dewdney-Alouette
68
Oct. 24/73
1245/74
174/74
East Kootenay
79
Feb. 23/74
1838/75
196/75
Fraser-Cheam
32
Dec. 18/73
2790/74
185/74
Fraser-Fort George
153
Dec. 17/73
2673/74
184/74
Greater Vancouver
120
Oct. 3/73
1936/74
179/74
Kitimat-Stikine
32
Mar. 28/74
3634/74
191/74
Kootenay Boundary
82
Dec. 12/73
3075/74
188/74
Mount Waddington
37
Jan. 19/76
3593/76
197/76
Nanaimo
112
Dec. 11/73
2124/74
182/74
North Okanagan
88
Sept. 27/73
900/74
171/74
Okanagan-Similkameen
184
Sept. 20/73
181/74
170/74
Peace River Liard
54
Nov. 22/73
1984/74
180/74
Powell River
24
June 27/74
3743/74
192/74
Skeena-Queen Charlotte
31
June 28/74
470/75
195/75
Squamish-Lillooet
50
Oct. 22/73
1647/74
178/74
Sunshine Coast
83
Nov. 8/73
1139/74
172/74
Thompson-Nicola
159
Oct. 5/73
2857/74
186/74

 
Explanatory Notes

SECTION 1: adds a definition to section 1 of the Agricultural Land Commission Act for the purpose of other amendments.

SECTION 2: adds section 2.1 of the Agricultural Land Commission Act to allow a new member of the commission to complete proceedings started before the member's appointment.

SECTION 3: replaces section 7 of the Agricultural Land Commission Act to reflect the commission's cooperative role in achieving the objectives of the Act.

SECTION 4: replaces section 12 (4) of the Agricultural Land Commission Act to give local government an expanded role in applications under that section.

SECTION 5: adds section 15 (1.1) of the Agricultural Land Commission Act to clarify that certain sections apply only to land within an agricultural land reserve.

SECTION 6: replaces section 16 (1) (b) of the Agricultural Land Commission Act with provisions that accurately reflect the jurisdiction of approving officers.

SECTION 7: adds section 19 (3) of the Agricultural Land Commission Act to clarify that legal non-conforming uses are limited to the part of the parcel on which they were carried on.

SECTION 8: replaces section 20 (2) of the Agricultural Land Commission Act to give local government an expanded role in applications under that section. Adds section 20 (3) of the Agricultural Land Commission Act to allow applications to be decided on the basis of written representations. The commission would maintain the flexibility to hold a hearing in appropriate circumstances.

SECTION 9: adds several new sections of the Agricultural Land Commission Act. Section 20.1 allows local government, with the agreement of the commission, to decide section 20 applications. Section 20.2 establishes a limited scope for section 20 applications to be decided by the general manager. Section 20.3 states that decisions made by local government or the general manager may be appealed. Section 20.4 allows the commission to reconsider its decisions in limited circumstances.

SECTION 10: adds section 22.1 of the Agricultural Land Commission Act to allow inspection powers for the purposes of deciding applications and enforcing the Act.

SECTION 11: makes a minor amendment to section 25.1 (2) of the Agricultural Land Commission Act that is consequential to the Cabinet Appeals Abolition Act.

SECTION 12: adds section 25.3 of the Agricultural Land Commission Act to require public notice of applications under the Act.

SECTION 13: replaces section 31 of the Agricultural Land Commission Act to clarify the relationship between the Act and local government bylaws.

SECTION 14: adds section 35.1 of the Agricultural Land Commission Act to provide standard liability protection for actions done in good faith.

SECTION 15: adds regulation making powers to section 37 of the Agricultural Land Commission Act for the purposes of other amendments.

SECTION 16: makes consequential amendments to section 947 of the Municipal Act to require local government plans relating to agricultural land reserves to be referred to the commission for comment.

SECTION 17: validates the original process for designation of agricultural land reserves.


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