1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


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


HONOURABLE CORKY EVANS
MINISTER OF AGRICULTURE AND FOOD

BILL 79 -- 1999

LAND RESERVE COMMISSION ACT

 
Contents

Section  
1  Definitions
2  Commission established
3  Objects of the commission
4  Commission members
5  Staff of the commission
6  Operation of the commission
7  Financial and corporate matters
8  Liability of the commission
9  Power to make regulations
10-43  Consequential Amendments
44  Transitional
45  Commencement

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

Definitions

1 In this Act:

"agricultural reserve land" means land that is or is part of an agricultural land reserve under the Agricultural Land Reserve Act;

"agroforestry" means a land use system that involves deliberate retention, introduction or mixing of trees or other plants in crop and animal production systems in order to increase profitability, sustainability and social acceptance;

"chair" means the member of the commission designated as chair under section 4;

"commission" means the Land Reserve Commission established under section 2;

"first nation" means an aboriginal governing body, however organized and established by aboriginal people within their traditional territory in British Columbia;

"forest reserve land" has the same meaning as in the Forest Land Reserve Act;

"local government" has the same meaning as in the Forest Land Reserve Act.

Commission established

2 (1) The Land Reserve Commission is established as a corporation consisting of the members appointed under section 4.

(2) The commission is an agent of the government.

Objects of the commission

3 The objects of the commission are as follows:

(a) to protect the integrity of the agricultural land base and the working forest land base in British Columbia;

(b) to work with owners, local governments, first nations, the governments of British Columbia and Canada and other communities of interest in achieving the object set out in paragraph (a);

(c) to assist the communities of interest referred to in paragraph (b) in the accommodation, support and encouragement of farming, forestry and agroforestry on agricultural reserve lands and forest reserve lands;

(d) to provide a fair, effective and independent mechanism for considering applications under the Agricultural Land Reserve Act, the Forest Land Reserve Act and the Soil Conservation Act;

(e) to carry out its powers and duties under the Agricultural Land Reserve Act, the Forest Land Reserve Act and the Soil Conservation Act in a manner consistent with the objects of the commission under this section and under those Acts;

(f) to provide recommendations to the ministers responsible for the administration of the Agricultural Land Reserve Act and the Forest Land Reserve Act to protect and strengthen the land reserve system in British Columbia.

Commission members

4 (1) The Lieutenant Governor in Council may appoint no fewer than 5 individuals knowledgeable in matters relating to agriculture, forestry, land use planning or local government as members of the commission and may establish the terms of their appointment.

(2) The members are the board of directors of the commission.

(3) The Lieutenant Governor in Council must designate one of the members as the chair of the commission and another member as vice-chair.

(4) The Lieutenant Governor in Council may designate additional vice-chairs from among the members of the commission.

(5) The term of office of a member is during pleasure but, except for the chair, must not exceed 4 years.

(6) A member or former member may be reappointed to the commission.

(7) A member must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in discharging the member's duties and, in addition, may be paid the remuneration set by the Lieutenant Governor in Council.

(8) The Lieutenant Governor in Council may, by order, declare that the Pension (Public Service) Act applies to members.

Staff of the commission

5 (1) The Lieutenant Governor in Council may appoint, during pleasure, a chief executive officer of the commission and may determine the remuneration and the terms and conditions of the appointment of the chief executive officer.

(2) The Lieutenant Governor in Council may, by order, declare that the Pension (Public Service) Act applies to the chief executive officer.

(3) The commission may determine the functions and duties of the chief executive officer.

(4) The commission may appoint other officers and employees necessary for the purposes of the commission and may determine their duties and remuneration.

(5) The Public Service Act and the Public Service Labour Relations Act apply to the commission and its officers and employees, other than the chief executive officer, except that the references to the commissioner and a deputy minister in section 22 of the Public Service Act are to be read as references to the chief executive officer.

(6) The commission may retain consultants as it considers advisable and may set their remuneration.

Operation of the commission

6 (1) The commission may pass resolutions and bylaws it considers necessary or advisable for the management and conduct of its affairs and for the performance of its duties and the exercise of its powers.

(2) The commission may refer an application or other matter that is before the commission under the Agricultural Land Reserve Act, the Forest Land Reserve Act or the Soil Conservation Act to a panel established by the commission and consisting of one or more members as determined by the commission.

(3) A panel established under subsection (2) has all the powers and duties of the commission in respect of the application or other matter and a decision of a panel in respect of the application or other matter is, for all purposes, a decision of the commission.

Financial and corporate matters

7 (1) The financial year end of the commission is March 31 and the Minister of Finance and Corporate Relations is the fiscal agent of the commission.

(2) Within 90 days after the end of each financial year, the commission must submit to the minister responsible for the administration of the Agricultural Land Reserve Act and the minister responsible for the administration of the Forest Land Reserve Act

(a) a report of its operations during the preceding financial year, and

(b) a financial statement showing its business for that financial year, prepared in accordance with generally accepted accounting principles and in the form required by the Minister of Finance and Corporate Relations.

(3) The report and statement under subsection (2) must be laid before the Legislative Assembly within 30 days following their receipt if the Legislative Assembly is then sitting, and otherwise as soon as practicable.

(4) Subject to subsection (5), the Company Act and the Company Clauses Act do not apply to the commission.

(5) The Lieutenant Governor in Council may, by order, declare that specified provisions of the Company Act apply to the commission.

Liability of the commission

8 (1) No action for damages lies or may be brought against any member of the commission or any person appointed under section 5 (1) or (4) because of anything done or omitted in good faith

(a) in the performance or intended performance of any duty under this Act, the Agricultural Land Reserve Act, the Forest Land Reserve Act or the Soil Conservation Act, or

(b) in the exercise or intended exercise of any power under this Act, the Agricultural Land Reserve Act, the Forest Land Reserve Act or the Soil Conservation 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.

Power to make regulations

9 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations establishing policies and procedures to be followed by the commission in conducting its affairs, performing its duties and exercising its powers under this Act, the Agricultural Land Reserve Act, the Forest Land Reserve Act or the Soil Conservation Act.

 
Consequential Amendments

 
Agricultural Land Commission Act

10 The title of the Agricultural Land Commission Act, R.S.B.C. 1996, c. 10, is amended by striking out "Commission" and substituting "Reserve".

11 Section 1 is amended

(a) by repealing the definition of "commission" and substituting the following:

"commission" means the Land Reserve Commission established under section 2 of the Land Reserve Commission Act; , and

(b) by adding the following definition:

"chief executive officer" means the chief executive officer of the commission appointed under section 5 (1) of the Land Reserve Commission Act; .

12 Section 2 is repealed.

13 Sections 4 and 5 are repealed.

14 Section 7 (1) is amended by adding "under this Act" after "order of the commission".

15 Sections 8 and 9 are repealed.

16 Section 10 (1) is amended by adding "under this Act" after "object of the commission".

17 Section 24 is amended by striking out "general manager" wherever it appears and substituting "chief executive officer".

18 Section 25 is amended by striking out "general manager" and substituting "chief executive officer".

19 Section 29 (1) is amended by striking out "section 8" and substituting "section 5 (1) or (4) of the Land Reserve Commission Act".

20 Section 38 is repealed.

21 Section 45 is amended

(a) in subsection (1) by adding ", the Land Reserve Commission Act" after "the Waste Management Act", and

(b) by repealing subsection (2).

22 Section 48 is repealed.

23 Section 49 is amended by striking out "or under section 48 of this Act".

24 Section 53 is repealed.

 

Cemetery and Funeral Services Act

25 Section 17 (1) of the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45, is amended by striking out "Agricultural Land Commission Act" and substituting "Agricultural Land Reserve Act".

 

Farm Practices Protection (Right To Farm) Act

26 Section 1 of the Farm Practices Protection (Right To Farm) Act, R.S.B.C. 1996, c. 131, is amended by repealing paragraph (g) (ii) of the definition of "farm operation" and substituting the following:

(ii) in an agricultural land reserve with the approval under the Agricultural Land Reserve Act of the Land Reserve Commission; .

 

Forest Land Reserve Act

27 Section 1 (1) of the Forest Land Reserve Act, R.S.B.C. 1996, c. 158, is amended

(a) in the definition of "agricultural reserve land" by striking out "Agricultural Land Commission Act" and substituting "Agricultural Land Reserve Act",

(b) by adding the following definition:

"chief executive officer" means the chief executive officer of the commission appointed under section 5 (1) of the Land Reserve Commission Act; , and

(c) by repealing the definition of "commission" and substituting the following:

"commission" means the Land Reserve Commission established under section 2 of the Land Reserve Commission Act; .

28 The following section is added to Part 1:

Object of the commission

2.1 The object of the commission under this Act is to work with owners, local governments, first nations and other communities of interest to achieve all of the following:

(a) protect the integrity of the working forest land base by minimizing the impact of urban development and rural area settlement on forest reserve land;

(b) encourage responsible forest management practices on forest land;

(c) promote conditions favourable for investment in private land forest management.

29 Part 2 is repealed.

30 Section 11 (6) is repealed and the following substituted:

(6) In order for a designation under subsection (2) or (3) to be effective, a management commitment must apply to the land.

31 Section 17.3 (4) is amended by striking out "chief officer's" and substituting "chief executive officer's".

32 Section 37 (2) (a) is repealed.

33 The Act is amended by striking out "chief officer" wherever it appears and substituting "chief executive officer".

 
Freedom of Information and Protection of Privacy Act

34 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended

(a) by striking out the following:

  Public Body:  Forest Land Reserve Commission
  Head: Chair
  Public Body: Provincial Agricultural Land Commission
  Head: Chair , and

(b) by adding the following:

  Public Body:  Land Reserve Commission
  Head: Chair .

 
Greenbelt Act

35 Section 2 (3) of the Greenbelt Act, R.S.B.C. 1996, c. 176, is amended by striking out "Agricultural Land Commission Act," and substituting "Agricultural Land Reserve Act,".

 
Hydro and Power Authority Privatization Act

36 Section 10 (1) and (3) of the Hydro and Power Authority Privatization Act, R.S.B.C. 1996, c. 213, is amended by striking out "Agricultural Land Commission Act" wherever it appears and substituting "Agricultural Land Reserve Act".

 
Islands Trust Act

37 Section 29 (1) (d) of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by striking out "Agricultural Land Commission Act;" and substituting "Agricultural Land Reserve Act;".

 

Municipal Act

38 Section 882 (3) (c) of the Municipal Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:

(c) if the plan applies to land in an agricultural land reserve established under the Agricultural Land Reserve Act, refer the plan to the Land Reserve Commission for comment; .

39 Section 915 (2) is amended by striking out "Agricultural Land Commission Act" and substituting "Agricultural Land Reserve Act".

40 Section 946 is amended by striking out "Agricultural Land Commission Act" wherever it appears and substituting "Agricultural Land Reserve Act".

 

School Act

41 Section 130 (1) (b) of the School Act, R.S.B.C. 1996, c. 412, is amended by striking out "Agricultural Land Commission Act" and substituting "Agricultural Land Reserve Act".

 

Soil Conservation Act

42 Section 1 of the Soil Conservation Act, R.S.B.C. 1996, c. 434, is amended

(a) in the definition of "agricultural land reserve" by striking out "Agricultural Land Commission Act;" and substituting "Agricultural Land Reserve Act;", and

(b) by repealing the definition of "commission" and substituting the following:

"commission" means the Land Reserve Commission established under section 2 of the Land Reserve Commission Act; .

43 Section 7 is amended by striking out "Agricultural Land Commission Act" and substituting "Agricultural Land Reserve Act".

Transitional

44 (1) In this section:

"Forest Land Commission" means the Forest Land Commission continued under section 3 of the Forest Land Reserve Act as it read immediately before the coming into force of this section;

"Land Reserve Commission" means the Land Reserve Commission established under section 2 of the Land Reserve Commission Act as it read immediately before the coming into force of this section;

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

(2) All of the rights, property and assets and all of the debts, liabilities and obligations of the Forest Land Commission and the Provincial Agricultural Land Commission are transferred to and vested in the Land Reserve Commission.

(3) The Land Reserve Commission may take up and carry on to completion all proceedings or other matters commenced under any enactment that were, immediately before the coming into force of this section, before the Provincial Agricultural Land Commission or the Forest Land Commission.

Commencement

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

 
Explanatory Note

This Bill establishes the Land Reserve Commission to carry out the functions currently assigned to the Forest Land Commission and the Provincial Agricultural Land Commission. The Bill will increase administrative efficiency, promote agroforestry and encourage more intensive and integrated use of agricultural and forest land reserves.


[ Return to: Legislative Assembly Home Page ]

Copyright 1999: Queen's Printer, Victoria, British Columbia, Canada