1993 Legislative Session: 2nd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. HARRY DE JONG
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The Agricultural Land Commission Act, R.S.B.C. 1979, c. 9, is amended by the addition of the following section:
1.1 For the purposes of this Act, the province is hereby designated to contain the following Agricultural Land Regions:
(1) Northlands consisting of the electoral districts of:
Peace River North
Peace River South
Prince George-Mount Robson
Prince George North
Prince George-Omineca Skeena
(2) Central Interior consisting of the electoral districts of:
(3) Kootenays consisting of the electoral districts of:
(4) Lower Mainland consisting of the electoral districts of:
Maple Ridge-Pitt Meadows
Port Moody-Burnaby Mountain
Powell River-Sunshine Coast
(5) Vancouver Island consisting of the electoral districts of:
Malahat-Juan de Fuca
Oak Bay-Gordon Head
Saanich North and the Islands
2 The Agricultural Land Commission Act is hereby amended by the addition of the following section:
2.1 (1) There is hereby established for each of the Agricultural Land Regions constituted under this Act an Agricultural Land Regional Appeal Board, consisting of 3 members each, appointed by the Lieutenant Governor in Council from a list of 7 persons each recommended by the Select Standing Committee of the Legislative Assembly on Agriculture and Fisheries.
(2) To be eligible for appointment to an Agricultural Land Regional Appeal Board, a person shall be:
(a) a registered voter in that region, who has been ordinarily resident there for at least ten years, and,
(b) a person who does not hold any other public office or appointment which entitles him or her to remuneration, and who has not held office in the preceding five years as a director or officer of any association of real estate agents or developers, or any association of agricultural producers or suppliers, or other association active in promoting or opposing the inclusion or exclusion of land from the Agricultural Land Reserve.
(3) Appointment shall be for a term of three years.
(4) The Lieutenant Governor in Council shall make regulations with respect to the procedure of Agricultural Land Regional Appeal Boards, including the financial disclosure statements required of members, their remuneration and reimbursements of members for reasonable travelling and out of pocket expenses necessarily incurred in discharging their duties, as well as the application of conflict of interest rules to their proceedings.
(5) Each member of an Agricultural Land Regional Appeal Board shall file annually a financial disclosure statement in prescribed form, with the Clerk of the Legislative Assembly, and with the clerk of each Regional District having lands within the jurisdiction of the member's appeal board.
3 Section 13 of the Agricultural Land Commission Act, R.S.B.C. 1979, c. 9, is hereby repealed, and the following substituted therefor:
13 (1) A person who is dissatisfied with the decision of the commission on an application for exclusion, subdivision, or non-agricultural use, may appeal to the applicable Agricultural Land Regional Appeal Board established under this Act.
(2) The commission is entitled to be a party on the appeal.
(3) An Agricultural Land Regional Appeal Board may, after a hearing, allow the appeal subject to the terms it considers advisable, or dismiss the appeal, and, in the event the appeal is dismissed, may order that costs of the hearing, as determined by the appeal board, be paid by the appellant. In the event the appeal is allowed, the committee may order that reasonable costs incurred by the appellant, as determined by the appeal board, be paid by the commission.
(4) In considering an appeal under this section, an appeal board shall give due consideration to:
(a) The local government's zoning by-laws and community plan, and,
(b) The proximity to, and effect on local services of any proposed change in use, and,
(c) Current technology and current and projected market conditions with respect to potential agricultural uses and their likely impact on the economy of community and of the region, and economically viable parcel size, and,
(d) The overall costs and benefits of any proposed change in use on the community and the region generally, and on agricultural viability in the region, and,
(e) The availability, cost and convenience of alternate sites in the region for any proposed non-agricultural use.
(5) Subject only to the same conditions and procedures established under section 21 of this Act, a decision of an appeal board under this section is conclusive.
This Bill divides the province into five natural agricultural land regions and provides for regionally appointed appeal boards instead of cabinet appeal on agricultural land use decisions, to ensure a more regionally sensitive and specifically mandated form of accountability.
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