Bill 24 — 2014: Agricultural Land Commission Amendment Act, 2014

HONOURABLE PAT PIMM
MINISTER OF AGRICULTURE

BILL 24 — 2014

AGRICULTURAL LAND COMMISSION
AMENDMENT ACT, 2014

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

SECTION 1: [Agricultural Land Commission Act, section 1] adds definitions of "panel", "panel region" and "zone".

1 Section 1 (1) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is amended by adding the following definitions:

"panel" means a panel established under section 11;

"panel region" means a panel region established under section 4.1;

"zone" means a zone established under section 4.2.

SECTION 2: [Agricultural Land Commission Act, sections 4.1 to 4.3] establishes 6 panel regions within British Columbia, consolidated into 2 zones, and provides for considerations for the Agricultural Land Commission when exercising powers in Zone 2.

2 The following sections are added:

Panel regions

4.1 The following panel regions are established, consisting of the geographic areas of British Columbia as set out in the Schedule:

(a) the Interior Panel Region;

(b) the Island Panel Region;

(d) the North Panel Region;

(e) the Okanagan Panel Region;

(f) the South Coast Panel Region.

Zones

4.2 The following zones are established:

(a) Zone 1, consisting of the Island Panel Region, the Okanagan Panel Region and the South Coast Panel Region;

(b) Zone 2, consisting of all geographic areas of British Columbia not in Zone 1.

Exercising a power in Zone 2

4.3 When exercising a power under this Act in relation to land located in Zone 2, the commission must consider all of the following:

(a) the purposes of the commission set out in section 6;

(b) economic, cultural and social values;

(d) other prescribed considerations.

SECTION 3: [Agricultural Land Commission Act, section 5]

increases the minimum size of the Agricultural Land Commission to 13 individuals;
provides for the appointment by the Lieutenant Governor in Council of 6 vice chairs, each of whom must be resident in a different panel region;
provides for the appointment by the minister of additional members of the commission;
provides that maintaining residency in the panel region of original appointment is a condition of appointment, and provides that if a vice chair or member ceases to be resident in that original panel region, his or her appointment expires;
requires that a vacancy of additional members in a panel region be filled within 90 days.

3 Section 5 is amended

(a) in subsection (1) by striking out "at least 7 individuals" and substituting "at least 13 individuals",

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

(2) The Lieutenant Governor in Council must appoint the following members of the commission after a merit based process:

(a) one chair of the commission;

(b) 6 vice chairs of the commission, each of whom must be resident in a different panel region. ,

(c) in subsection (3) by striking out "after a merit based process and consultation with the chair." and substituting "after a merit based process.", and

(d) by adding the following subsections:

(3.1) In the event that there is no member of the commission, other than the chair or vice chairs, resident in a particular panel region, the minister must within 90 days appoint a resident of the panel region as a member of the commission under subsection (3).

(3.2) If a member of the commission, including a vice chair but excluding the chair, ceases to be a resident of the panel region in which the member was resident at the time of appointment, the appointment expires on the date on which the member ceases to be a resident of that panel region.

SECTION 4: [Agricultural Land Commission Act, section 8] clarifies that the commission may appoint officers and employees necessary for its operations, whether or not strictly related to its statutory purposes.

4 Section 8 (3) is amended by striking out "necessary for the purposes of the commission, "and substituting "necessary for the operations of the commission,".

SECTION 5: [Agricultural Land Commission Act, section 11]

establishes a panel for each panel region;
provides that the vice chair resident in a panel region chairs the panel for the region;
provides for membership on panels based on residency of the member of the commission;
allows for the designation of an acting chair of regional panels;
gives the chair of the commission discretion to refer all matters, with a few exceptions, to regional panels;
requires the chair of the commission to refer certain applications to regional panels;
gives each panel the powers, duties and functions of the commission for matters referred to it.

5 Section 11 is repealed and the following substituted:

Panels

11 (1) A panel is established for each panel region.

(2) Each vice chair is the chair of the panel for the panel region in which he or she is resident.

(3) Each member of the commission other than the chair of the commission is a member of the panel for the panel region in which he or she is resident.

(4) The chair of the commission may designate a member of a panel for a panel region as acting chair of the panel in the absence of the chair of the panel.

(5) Subject to subsections (6), (7) and (8), the chair of the commission may refer any matter to a panel.

(6) The chair of the commission must refer an application under section 17 (1) (b) or (c) or (3), 20 (3), 21 (2), 29 (1) or 30 (1) in relation to land located within a panel region to the panel established for the panel region.

(7) If the commission decides to reconsider under section 33 a decision in an application referred to a panel under subsection (6), the chair of the commission must refer the reconsideration of the original decision to the panel that made the original decision.

(8) Subsections (5), (6) and (7) do not apply to the following:

(a) an application for which the power to decide has been delegated to a local government, first nation or authority under section 26;

(b) an application that the chief executive officer may approve under section 27;

(d) a reconsideration of a decision of a panel under section 33.1;

(e) an appeal under section 55.

(9) A panel has all the powers, duties and functions of the commission in relation to an application or other matter referred to it, and a decision of a panel is for all purposes a decision of the commission.

SECTION 6: [Agricultural Land Commission Act, section 12] sets out information that the commission must report to the minister on a periodic basis.

6 Section 12 (2) is repealed and the following substituted:

(2) At the times, and in the form and manner, prescribed by regulation, the commission must submit to the minister the following:

(a) a review of its operations during the preceding period;

(b) performance indicators for the preceding period;

(c) details on the nature and number of applications and other matters received or commenced by the commission during the preceding period;

(d) details of the time from filing or commencement to disposition of the applications and other matters disposed of in the preceding period;

(e) results of any surveys carried out by or on behalf of the commission during the preceding period;

(f) a forecast of workload for the succeeding period;

(g) trends or special problems foreseen by the commission;

(h) plans for improving the commission's operations in the future;

(i) other information as prescribed.

(2.1) The minister may, by order, set performance indicators for the purpose of subsection (2) (b).

SECTION 7: [Agricultural Land Commission Act, section 33.1] is consequential to the amendments made to section 11 of the Act by section 5 of this Bill.

7 Section 33.1 (1) is amended

(a) by striking out "established under section 11 (2)" and substituting "established under section 11 (1)", and

(b) by repealing paragraph (a) and substituting the following:

(a) the chair considers that the decision

(i) may not fulfill the purposes of the commission as set out in section 6, or

(ii) does not adequately take into consideration the considerations set out in section 4.3, if applicable, and .

SECTION 8: [Agricultural Land Commission Act, section 58] provides for new regulation-making authority.

8 Section 58 is amended

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

(c.1) prescribing additional considerations that the commission must consider in Zone 2;

(c.2) for the purposes of section 5, either or both of the following:

(i) prescribing criteria a person must meet to be considered a resident of a panel region;

(ii) conferring a discretion on the chair or another body or person for the purpose of determining whether, or the date on which, a person meets or ceases to meet the criteria to be considered a resident of a panel region;

(e.1) prescribing the timing, content, form and manner of providing information under section 12;

(e.2) prescribing additional information required under section 12;

(e.3) prescribing the making of certain information public, and the manner of making it public;

(r) defining a word or expression used but not defined in this Act;

(s) respecting any other matter for which regulations are contemplated by this Act. ,

(b) in subsection (3) (f) by striking out "policies and procedures" and substituting "policies, procedures, rules and requirements", and

(7) Regulations under subsections (2) (b), (h), (j) and (s) and (3) (f) may be different for different zones.

SECTION 9: [Agricultural Land Commission Act, Schedule] creates a schedule of boundaries for the panel regions based on regional district boundaries.

9 The following Schedule is added:

Schedule

Interior Panel Region

1 For the purpose of section 4.1 (a), the Interior Panel Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:

(a) Cariboo Regional District;

(b) Central Coast Regional District;

(d) the part of Squamish-Lillooet Regional District that is north and east of a line commencing at the intersection of latitude 50° 24' 54.5" north and longitude 122° west and then proceeding due north to the intersection of latitude 50° 45' north and longitude 122° west and then proceeding due west to the intersection of latitude 50° 45' north and longitude 123° west and then proceeding due north and terminating at the intersection of latitude 51° 11' 47.63" north and longitude 123° west.

Island Panel Region

2 For the purpose of section 4.1 (b), the Island Panel Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:

(a) Alberni-Clayoquot Regional District;

(b) Capital Regional District;

(d) Cowichan Valley Regional District;

(e) Mount Waddington Regional District;

(f) Nanaimo Regional District;

(g) Powell River Regional District;

(h) Strathcona Regional District.

Kootenay Panel Region

3 For the purpose of section 4.1 (c), the Kootenay Panel Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:

(a) Central Kootenay Regional District;

(b) East Kootenay Regional District;

(d) the part of Columbia-Shuswap Regional District that is south and east of a line commencing at the intersection of latitude 50° 52' 58.23" north and longitude 117° 30' west and proceeding due north to the intersection of latitude 51° 45' north and longitude 117° 30' west and then proceeding due east and terminating at latitude 51° 45' north and longitude 116° 57' 40" west.

North Panel Region

4 For the purpose of section 4.1 (d), the North Panel Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:

(a) Bulkley-Nechako Regional District;

(b) Fraser-Fort George Regional District;

(d) Northern Rockies Regional District;

(e) Peace River Regional District;

(f) Skeena-Queen Charlotte Regional District;

(g) Stikine Regional District.

Okanagan Panel Region

5 For the purpose of section 4.1 (e), the Okanagan Panel Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:

(a) Central Okanagan Regional District;

(b) North Okanagan Regional District;

(d) Columbia-Shuswap Regional District, except the part of Columbia-Shuswap Regional District that is south and east of a line commencing at the intersection of latitude 50° 52' 58.23" north and longitude 117° 30' west and proceeding due north to the intersection of latitude 51° 45' north and longitude 117° 30' west and then proceeding due east and terminating at latitude 51° 45' north and longitude 116° 57' 40" west.

South Coast Panel Region

6 For the purpose of section 4.1 (f), the South Coast Panel Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:

(a) Fraser Valley Regional District;

(b) Greater Vancouver Regional District;

(d) Squamish-Lillooet Regional District, except the part of Squamish-Lillooet Regional District that is north and east of a line commencing at the intersection of latitude 50° 24' 54.5" north and longitude 122° west and then proceeding due north to the intersection of latitude 50° 45' north and longitude 122° west and then proceeding due west to the intersection of latitude 50° 45' north and longitude 123° west and then proceeding due north and terminating at the intersection of latitude 51° 11' 47.63" north and longitude 123° west.

Consequential and Related Amendments

Local Government Act

SECTION 10: [Local Government Act, section 872] adds definitions of "agricultural land" and "Agricultural Land Commission" to Part 26 [Planning and Land Use Management] of the Local Government Act.

10 Section 872 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following definitions:

"agricultural land" has the same meaning as in the Agricultural Land Commission Act;

"Agricultural Land Commission" means the Provincial Agricultural Land Commission established under section 4 of the Agricultural Land Commission Act; .

SECTION 11: [Local Government Act, section 879] requires a local government that is proposing an official community plan or the repeal or amendment of an official community plan to consult with the commission.

11 Section 879 is amended by adding the following subsection:

(4) If the development of an official community plan, or the repeal or amendment of an official community plan, might affect agricultural land, the proposing local government must consult with the Agricultural Land Commission.

Commencement

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

Explanatory Notes