1998/99 Legislative Session: 3rd Session, 36th 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 7th day of June, 1999
Ian D. Izard, Law Clerk


HONOURABLE CORKY EVANS
MINISTER OF AGRICULTURE AND FOOD


BILL 70 -- 1999

AGRICULTURAL LAND COMMISSION AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 40 of the Agricultural Land Commission Act, R.S.B.C. 1996, c. 10, is amended

(a) in subsection (1) by adding the following paragraph:

(d) a reconsideration under section 26 of a decision of the commission made in respect of a matter referred to in paragraph (a), (b) or (c) of this subsection. , and

(b) by adding the following subsections:

(3) In determining whether it is in the Provincial interest to refer a matter to the board under subsection (1), the Lieutenant Governor in Council must take into account

(a) the public interest that all British Columbians have in the preservation of agricultural land as a scarce and important Provincial asset,

(b) the potential long term consequences of failing to preserve agricultural land, and

(c) the province-wide context of the matter.

(4) The Lieutenant Governor in Council may make an order under subsection (1) on the Lieutenant Governor in Council's own initiative or at the request of

(a) a municipality or regional district, as set out in a resolution of the applicable municipal council or regional district board, or

(b) the commission, as set out in a resolution of the commission.

2 Section 41 is amended

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

(1) For the purpose of affording adequate time to consider whether an order under section 40 is warranted in relation to a matter referred to in section 40 that is before the commission, the Lieutenant Governor in Council may order that the matter be suspended for a period, to be specified in the order, that is not longer than 90 days or any shorter period that is prescribed for the purpose of this subsection. , and

(b) in subsection (2) by striking out "the minister" and substituting "the Lieutenant Governor in Council".

3 Section 42 is amended by adding the following subsection:

(3) If the Lieutenant Governor in Council makes an order under section 40 referring a matter to the board, the commission must, within 14 days of the date of the order,

(a) prepare a written report with respect to the matter, and

(b) submit the report to the board for the purpose of assisting the board in conducting a public hearing under section 43 in respect of the matter.

4 Section 43 is repealed and the following substituted:

Public hearing

43 (1) On receiving the written terms of reference specified in conjunction with an order under section 40, the board must

(a) prepare a discussion paper with respect to the matter that is the subject of the order, and

(b) make the paper available to the public before holding a public hearing under this section.

(2) The discussion paper prepared under subsection (1) (a) must include the written report that the commission submitted to the board under section 42 (3).

(3) For the purpose of providing the report and recommendations required under section 43.1, the board must conduct a public hearing of the probable agricultural, environmental, heritage, economic, cultural and social effects of whichever of the following is the subject of the matter described in section 40 in respect of which the order under that section was made:

(a) an approval and designation under section 13 (4);

(b) a designation under section 13 (6);

(c) an exclusion from a reserve under section 14 (1) or 15 (1);

(d) the granting or refusal of the permission referred to in section 14 (2) or 22 (1);

(e) a decision under section 26 to confirm, reverse or vary a decision referred to in paragraph (a), (b), (c) or (d) of this subsection.

(4) The public hearing held under subsection (3) must be conducted in accordance with the terms of reference specified in conjunction with the order made under section 40.

(5) The board must hold at least one public hearing with respect to the matter in each of the following regions of British Columbia:

(a) Vancouver Island;

(b) Lower Mainland;

(c) Okanagan;

(d) Interior;

(e) Kootenays;

(f) Northern British Columbia.

Report and recommendations

43.1 (1) On conclusion of the public hearing under section 43, the board must submit to the Lieutenant Governor in Council

(a) a written report in accordance with the terms of reference specified in conjunction with the order made under section 40, and

(b) a summary of the evidence received and submissions made in the course of any public hearing held in accordance with the terms of reference.

(2) The report referred to in subsection (1) must include the board's recommendations to the Lieutenant Governor in Council for action under section 44.

(3) In making the recommendations referred to in subsection (2), the board must give weight to the following values in descending order of priority:

(a) agricultural values, including the preservation of agricultural land and the promotion of agricultural purposes;

(b) environmental and heritage values, but only if

(i) those values cannot be replaced or relocated to land other than agricultural land, or

(ii) giving weight to those values results in no net loss to the agricultural capabilities of the area;

(c) economic, cultural and social values.

(4) The board must provide a copy of its report to the commission at the same time that the report is submitted to the Lieutenant Governor in Council under subsection (1).

(5) The commission may submit to the Lieutenant Governor in Council written comments on the report but must do so within 30 days of receiving a copy of the report under subsection (4).

(6) Within 10 days after submitting its report under subsection (1), the board must publish the report in the prescribed manner.

5 Section 44 (1) is amended

(a) by striking out "On receiving the board's report" and substituting "On receiving the board's report under section 43.1 (1) and the commission's comments, if any, under section 43.1 (5),", and

(b) by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) confirming, reversing or varying a decision referred to in section 40 (1) (d).

6 Section 44 is amended by adding the following subsection:

(1.1) When deciding the outcome of a matter under subsection (1), the Lieutenant Governor in Council must give weight to the following values in descending order of priority:

(a) agricultural values, including the preservation of agricultural land and the promotion of agricultural purposes;

(b) environmental and heritage values, but only if

(i) those values cannot be replaced or relocated to land other than agricultural land, or

(ii) giving weight to those values results in no net loss to the agricultural capabilities of the area;

(c) economic, cultural and social values.

Commencement

7 This Act comes into force by regulation of the Lieutenant Governor in Council.


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