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B.C. Reg. 171/2002
O.C. 571/2002
Deposited July 5, 2002
effective November 1, 2002
This consolidation is current to February 26, 2019.
See the Cumulative B.C. Regulations Bulletin 2019
for amendments effective after February 26, 2019.
Link to consolidated regulation (PDF)
Link to Point in Time

Agricultural Land Commission Act

Agricultural Land Reserve General Regulation

[includes amendments up to B.C. Reg. 30/2019, February 22, 2019]

Contents
Part 1 — Interpretation
1Definitions and interpretation
Part 2 — Repealed
2-3Repealed
Part 3 — Repealed
4-5Repealed
Part 4 — Applications Filed Directly with the Commission
6Transportation and utility use applications
7Notice of application under section 34 (6) of the Act
8Notice of decision to be given to local government
Part 5 — Permitted Subdivisions
9Application of this Part
10Subdivision approval
11Certification and deposit of approved plan
11.1Exception from section 19 of the Act
11.2Permitted types of subdivision
Part 6 — Government Applications and Commission Proposals for Inclusion in or Exclusion from Reserve
12Form of application or proposal
12.1Copy of application must be sent to affected government
12.2Notice of application
13Notice of public hearing
14Procedure at public hearing
14.1Seeking owner consent to exclusion
14.2Sending notice of intent to exclude
14.3Deemed consent
Part 7 — Owner Applications for Exclusion from Reserve
15Form and filing of exclusion application
16Notice of exclusion application
16.1Copy of exclusion application must be sent to government for adjacent land
17When local government or first nation government can consider exclusion application
18Local government or first nation government must consider exclusion application
19Procedure to authorize resolution under section 30 of the Act
20Public information meetings
21Local government or first nation government forwards exclusion application
Part 8 — Provisions for Meetings to Determine Exclusion Applications
22Notice of commission meeting
23Applicant to be given access to relevant information
24Procedure at commission meeting
25Commission to notify applicant of evidence presented
Part 9 — Owner Applications to Include Land in Reserve
26Application by owner
26.1Copy of inclusion application must be sent to government for adjacent land
27Public information meetings
28Local government or first nation government submission to commission
Part 10 — Use or Subdivision Applications
29Application must be filed with local government or first nation government
30Sections 19 and 21 apply
30.1Application for soil or fill use
31Commission meeting
Part 11 — General
31.1Status of applications
32Commission must give notice of decision
33Application fees
33.1Other fees
33.2Repealed
34Mapping
35Penalties
36Delivery of order under section 50, 52 or 54 of the Act
37Administrative appeals
37.1Determining residency in panel region
37.2Notice before member ceases to be a resident of panel region
38Powers of commission, chief executive officer and designated official
39Delegation to authorities
40Operational reports
41Planning and strategic reports
42Other reports
43Publishing reports

Part 1 — Interpretation

Definitions and interpretation

1   (1) In this regulation:

"Act" means the Agricultural Land Commission Act;

"applicant" includes a reference to the agent of the applicant;

"jurisdictional area" means,

(a) in relation to a local government, the land over which that government has legislative authority, and

(b) in relation to a first nation government, the settlement lands or proposed settlement lands, as applicable, for that first nation;

(c) Repealed. [B.C. Reg. 30/2019, Sch. 1, s. 2 (b).]

"newspaper" has the same meaning as in the Community Charter;

"pre-treaty first nation government" means a first nation government referred to in paragraph (b) of the definition of "first nation government" in section 1 of the Act.

(2) For the purpose of section 2 (1) of the Act, nothing in this regulation is to be interpreted as relieving an owner, an applicant or an approving officer from complying with

(a) any other enactment that may apply, or

(b) a decision of a responsible authority, including respecting zoning or subdivision, that may apply.

(3) and (4) Repealed. [B.C. Reg. 30/2019, Sch. 1, s. 2 (d).]

[am. B.C. Regs. 339/2004, s. 1; 69/2015, s. 1; 117/2015, s. 1; 210/2016, s. 1; 30/2019, Sch. 1, s. 2.]

Part 2 — Repealed

Repealed

2-3   Repealed. [B.C. Reg. 30/2019, Sch. 1, s. 3.]

Part 3 — Repealed

Repealed

4-5   Repealed. [B.C. Reg. 30/2019, Sch. 1, s. 3.]

Part 4 — Applications Filed Directly with the Commission

Transportation and utility use applications

6   Unless permitted under the Agricultural Land Reserve Use Regulation, a person must file an application under section 34 (6) of the Act directly with the office of the commission and in a form acceptable to the commission for any of the following uses:

(a) construction for the purpose of widening an existing road right of way;

(b) construction of a road within an existing right of way;

(c) construction of any of the following:

(i) a new or existing road or railway;

(ii) a new or existing recreational trail;

(iii) a utility corridor use;

(iv) a sewer or water line other than for ancillary utility connections;

(v) a forest service road under the Forest Act;

(d) the new use of an existing right of way for a recreational trail.

[am. B.C. Reg. 30/2019, Sch. 1, s. 4.]

Notice of application under section 34 (6) of the Act

7   A person who applies to the commission under section 34 (6) of the Act must notify the owners of the land involved in the proposal using a form acceptable to the commission.

Notice of decision to be given to local government

8   Before issuing an order under the Act with respect to an application made under section 6, the commission may request comments and information from the applicable local government or first nation government and the commission must inform that local government or first nation government of its decision.

[am. B.C. Regs. 339/2004, s. 6; 30/2019, Sch. 1, s. 5.]

Part 5 — Permitted Subdivisions

Application of this Part

9   This Part applies to a plan of subdivision, all or part of which consists of agricultural land.

[am. B.C. Reg. 30/2019, Sch. 1, s. 6.]

Subdivision approval

10   (1) Despite section 18 (5) of the Act, an approving officer or other person referred to in that provision may approve a subdivision described in that provision without the approval of the commission if the proposed subdivision achieves one or more of the following:

(a) consolidates 2 or more parcels into a single parcel by elimination of common lot lines;

(b) resolves a building encroachment on a property line and creates no additional parcels;

(c) involves not more than 4 parcels, each of which is a minimum of 1 ha, and results in all of the following:

(i) no increase in the number of parcels;

(ii) boundary adjustments that, in the opinion of the approving officer, will allow for the enhancement of farming on the owner's agricultural land or for the better use of structures used for farming;

(iii) no parcel in the reserve of less than 1 hectare;

(d) establishes a legal boundary along the boundary of the agricultural land reserve.

(2) An approving officer who declines to approve a plan must give notice of that decision to the person who made the application.

(3) A person who receives a notice under subsection (2) may apply to the commission with respect to the proposed subdivision.

[am. B.C. Reg. 30/2019, Sch. 1, s. 7.]

Certification and deposit of approved plan

11   (1) If an approval is granted under section 10, the approving officer must

(a) endorse on the plan a certificate acceptable to the commission, and

(b) provide a copy of the approved plan to the commission.

(2) If the requirements of subsection (1) (a) are met, a registrar of titles under the Land Title Act may accept the endorsed plan for deposit.

[am. B.C. Reg. 339/2004, s. 7.]

Exception from section 19 of the Act

11.1   (1) Section 19 of the Act does not apply in relation to an application to a registrar of titles for the deposit of a subdivision plan, reference plan, explanatory plan or other plan showing subdivision of land, for the purpose of enabling the registration of an indefeasible title in the name of a treaty first nation to lands affected by the plan that the treaty first nation will own in fee simple, as treaty lands or otherwise, in accordance with the treaty first nation's final agreement.

(2) Subsection (1) applies only for the purpose of the registration in the name of the treaty first nation, in accordance with the final agreement, of indefeasible title to land described in that subsection on the date that final agreement comes into effect.

[en. B.C. Reg. 34/2009.]

Permitted types of subdivision

11.2   The subdivision of land for the purpose of registering, on the date a final agreement comes into effect and in accordance with that final agreement, an indefeasible title in the name of the treaty first nation is a permitted type of subdivision of agricultural land.

[en. B.C. Reg. 34/2009.]

Part 6 — Government Applications and Commission Proposals for Inclusion in or Exclusion from Reserve

Form of application or proposal

12   (1) An application of a local government or a first nation government to the commission under section 17 or 29 of the Act must be in a form acceptable to the commission and be accompanied by

(a) a report of any public hearing conducted under section 17 (2) or 29 (2) of the Act,

(b) any additional public comments, and

(c) any other supporting material the commission may require.

(2) If the commission acts on its own initiative under section 17 or 29 of the Act

(a) the proposal of the commission must include information and any other supporting material the commission considers necessary, and

(b) the commission must send a copy of the proposal and supporting material to the applicable local government or first nation government.

[am. B.C. Regs. 339/2004, s. 8; 30/2019, Sch. 1, s. 5.]

Copy of application must be sent to affected government

12.1   If a local government or a first nation government makes an application under section 17 or 29 of the Act in respect of land within that government's jurisdictional area, a copy of the application must also be sent by the applicant to the following:

(a) if the land to which the application relates is adjacent to the jurisdictional area of a different local government or first nation government, other than a pre-treaty first nation government, that different local government or first nation government;

(b) each local government or first nation government, other than a pre-treaty first nation government, whose interests, the applicant believes, will be affected by the application.

[en. B.C. Reg. 30/2019, Sch. 1, s. 8.]

Notice of application

12.2   (1) Before making an application under section 17 (1) or 29 of the Act, the applicant must give notice of the application by posting on the land to which the application relates, on a sign measuring at least 60 cm by 120 cm and positioned at the midpoint of a boundary of that land that is adjacent to a constructed road right of way if one exists,

(a) a copy of the signed application, and

(b) a copy of a notice of application in a form acceptable to the commission.

(2) Despite subsection (1), if the requirements of that subsection are not practical, the notice may be given in an alternative means acceptable to the commission.

[en. B.C. Reg. 339/2004, s. 9.]

Notice of public hearing

13   (1) The commission, local government or first nation government holding a public hearing required by section 17 (2) or 29 (2) of the Act must publish a notice of hearing in accordance with this section.

(2) The notice of hearing must be published in at least 2 issues of a newspaper published or circulated in the municipality, regional district or settlement lands within which the land to which the application relates is located, with the last of these publications appearing not less than 3 days and not more than 10 days before the date of the hearing.

(3) The notice of hearing must

(a) state the time and place of the public hearing,

(b) identify in a general manner the land affected, but need not use the legal description of the land affected,

(c) state in general terms the intent of the application, and

(d) state when and where a copy of the application may be inspected.

[am. B.C. Regs. 339/2004, s. 10; 30/2019, Sch. 1, ss. 5 and 9.]

Procedure at public hearing

14   (1) At a public hearing under section 17 (2) or 29 (2) of the Act, all persons must be afforded an opportunity to be heard on matters related to the application.

(2) The public hearing may be adjourned from time to time.

(3) A member of the commission, local government or first nation government who was not present at the public hearing may vote on the application if an oral or written report of the hearing has been given to the member.

(4) The commission, local government or first nation government holding the public hearing may, without further notice, allow amendment to the proposed application to give such effect as it considers fit to accommodate representations made at the hearing.

[am. B.C. Regs. 339/2004, s. 11; 30/2019, Sch. 1, s. 5.]

Seeking owner consent to exclusion

14.1   (1) If, on completion of a public hearing held for the purpose of section 29 (2) of the Act, the commission intends to exclude agricultural land from the agricultural land reserve, the commission must send to each owner of the agricultural land a notice of the commission's intention.

(2) A notice must include all of the following:

(a) a description of the agricultural land to be excluded;

(b) the date on which the public hearing was held;

(c) a form that requires the owner to

(i) indicate whether or not the owner consents to the exclusion of the agricultural land from the agricultural land reserve, and

(ii) sign and date the form;

(d) the address, whether electronic or mail, to which the form may be returned by the owner to the commission;

(e) the date by which, and the manner in which, the form must be returned to the commission;

(f) a statement that, if the form is not received by the commission by the stated date and in the stated manner, the owner will be deemed to have consented to the exclusion.

(3) For the purpose of subsection (2) (e), the date by which the form must be returned must not be less than 60 days from the date the notice is sent.

(4) Despite subsection (1), if the agricultural land intended to be excluded from the agricultural land reserve is Crown land,

(a) consent to the exclusion is not required for the purpose of section 29 (1.1) of the Act, and

(b) the commission is not required to send a notice to the Crown under subsection (1).

[en. B.C. Reg. 176/2016, s. 2; am. B.C. Reg. 30/2019, Sch. 1, s. 10.]

Sending notice of intent to exclude

14.2   (1) The commission may send a notice under section 14.1 of its intent to exclude agricultural land from the agricultural land reserve by any of the following means:

(a) personally;

(b) by registered mail sent to the owner's last known address;

(c) by electronic mail sent to the owner's last known electronic mail address;

(d) by posting it at a conspicuous location on the agricultural land that is intended to be excluded.

(2) If a notice is sent by registered mail, the notice is deemed to have been received by the owner to whom it is addressed on the 14th day after deposit with Canada Post, unless the owner actually received the notice before that day.

(3) If a notice is sent by electronic mail, the notice is deemed to have been received by the owner to whom it is addressed as follows:

(a) as provided for under section 18 (2) of the Electronic Transactions Act;

(b) despite paragraph (a), no later than 96 hours after the notice was sent.

(4) If a notice is sent by posting it on the agricultural land, the notice is deemed to have been received by the owner to whom it is addressed on the 14th day after it was posted, unless the owner actually received the notice before that day.

[en. B.C. Reg. 176/2016, s. 2; am. B.C. Reg. 30/2019, Sch. 1, s. 11.]

Deemed consent

14.3   (1) An owner who receives a notice under section 14.1 of the commission's intent to exclude agricultural land from the agricultural land reserve is deemed to have consented to the exclusion if any of the following apply:

(a) the form referred to in that section is not received by the commission on or before the date, or in the manner, stated in the notice;

(b) the owner fails to clearly indicate on the form that the owner does not consent to the exclusion;

(c) it is indicated on the form that the owner does not consent to the exclusion, but the owner fails to sign or date the form as required.

(2) Deemed consent under subsection (1) of this section is effective on the date referred to in the notice under section 14.1 (2) (e).

[en. B.C. Reg. 176/2016, s. 2; am. B.C. Reg. 30/2019, Sch. 1, s. 12.]

Part 7 — Owner Applications for Exclusion from Reserve

Form and filing of exclusion application

15   (1) An exclusion application under section 30 of the Act must be in a form acceptable to the commission and must be filed,

(a) if the exclusion application is one referred to in section 34 (3.1) of the Act, with the commission, or

(b) in any other case, with the applicable local government or first nation government.

(2) An exclusion application must be accompanied by the following when submitted for filing under subsection (1):

(a) an original copy of each advertisement required under section 16 (1) (a), as published with the date of publication clearly indicated;

(b) a photograph clearly indicating the manner in which the notice was posted under section 16 (1) (b);

(c) a signed statement by the owner of the agricultural land stating

(i) the name and address of each person served under section 16 (1) (c),

(ii) the date of service, and

(iii) the manner of service.

[am. B.C. Regs. 339/2004, s. 12; 30/2019, Sch. 1, ss. 5 and 13.]

Notice of exclusion application

16   (1) Before filing an exclusion application under section 15 (1), an owner must give notice of the exclusion application by doing all of the following:

(a) publishing a notice of the exclusion application in at least 2 issues of a newspaper published or circulated in the municipality, regional district or settlement lands within which the agricultural land to which the exclusion application relates is located, not less than 7 days and not more than 14 days apart, inclusive of the day of publication;

(b) posting on the agricultural land that is the subject of the exclusion application, on a sign measuring at least 60 cm by 120 cm and positioned at the midpoint of a boundary of that land that is adjacent to a constructed road right of way if one exists,

(i) a copy of the signed exclusion application, and

(ii) a copy of the notice of exclusion application;

(c) serving, personally or by registered mail, a copy of the signed exclusion application and a copy of the notice of exclusion application on each owner of agricultural land that

(i) shares a common boundary with the agricultural land for which the exclusion application is being made, or

(ii) is separated by a public road right of way from the agricultural land for which the exclusion application is being made.

(2) Each advertisement under subsection (1) (a) and copy of the notice posted under subsection (1) (b) must be in a form acceptable to the commission.

(3) Despite subsections (1) and (2), if the requirements of those subsections are not practical, the notice may be given in an alternative means acceptable to the commission.

(4) If an owner of agricultural land who files an exclusion application under section 15 (1) receives a response to a notice given under this section, the owner must,

(a) if the application was filed with the commission under section 15 (1) (a), forward a copy of the response to the commission, or

(b) if the application was filed with a local government or first nation government under section 15 (1) (b), forward a copy of the response to that local government or first nation government.

[am. B.C. Regs. 339/2004, s. 13; 30/2019, Sch. 1, ss. 5 and 14.]

Copy of exclusion application must be sent to government for adjacent land

16.1   If agricultural land to which an exclusion application filed under section 15 (1) relates is in one jurisdictional area but shares a common boundary with another jurisdictional area, the applicant must, promptly after filing the exclusion application under section 15 (1), send a copy of the exclusion application to the local government or first nation government for that second mentioned jurisdictional area.

[en. B.C. Reg. 339/2004, s. 14; am. B.C. Reg. 30/2019, Sch. 1, s. 15.]

When local government or first nation government can consider exclusion application

17   A local government or first nation government with which an exclusion application is filed under section 15 (1) (b) must not consider that exclusion application under section 30 (4) of the Act until 14 days after all relevant documents have been published, posted and served under section 16 of this regulation.

[en. B.C. Reg. 339/2004, s. 15; am. B.C. Reg. 30/2019, Sch. 1, s. 5.]

Local government or first nation government must consider exclusion application

18   Promptly after an owner making an exclusion application to which section 15 (1) (b) applies has complied with sections 15 and 16, the local government or first nation government with which the exclusion application is filed under section 15 (1) (b) must consider the exclusion application under section 30 (4) of the Act.

[en. B.C. Reg. 339/2004, s. 15; am. B.C. Reg. 30/2019, Sch. 1, s. 5.]

Procedure to authorize resolution under section 30 of the Act

19   If an exclusion application is filed under section 15 (1) of this regulation and section 30 (4) or (4.1) of the Act applies, further proceedings must not be taken unless,

(a) in the case of an exclusion application to which section 30 (4) of the Act applies, the local government with which the exclusion application is filed passes the resolution referred to in section 30 (4) of the Act authorizing the exclusion application, or

(b) in the case of an exclusion application to which section 30 (4.1) of the Act applies, the first nation government with which the exclusion application is filed passes the law referred to in section 30 (4.1) of the Act authorizing the exclusion application.

[en. B.C. Reg. 339/2004, s. 15; am. B.C. Reg. 30/2019, Sch. 1, s. 5.]

Public information meetings

20   If an exclusion application is filed under section 15 (1) of this regulation, the commission or the local government or first nation government in whose jurisdictional area is located the agricultural land to which the exclusion application relates may hold a public information meeting with respect to that exclusion application.

[en. B.C. Reg. 339/2004, s. 15; am. B.C. Reg. 30/2019, Sch. 1, s. 16.]

Local government or first nation government forwards exclusion application

21   (1) Subject to section 19, within the applicable time limit under subsection (2) of this section, the local government or first nation government in whose jurisdictional area is located the agricultural land to which an exclusion application relates must send to the commission all of the following:

(a) the exclusion application, including the materials required under section 15 (2) and copies of responses received as a result of a notice under section 16;

(b) its comments and recommendations required under section 34 (4) of the Act in a form acceptable to the commission;

(c) a certified copy of any resolution required under section 30 (4) of the Act or of any law required under section 30 (4.1) of the Act;

(d) a report of the public information meeting if one is held;

(e) the comments, if any, of a local government or first nation government to which the exclusion application has been sent under section 16.1 of this regulation;

(f) any other information it wants the commission to consider concerning the exclusion application.

(2) The time limit for sending materials under subsection (1) is

(a) 90 days after receipt of the exclusion application, if a public information meeting is held under section 20, and

(b) 60 days after receipt of the exclusion application in all other cases.

[en. B.C. Reg. 339/2004, s. 15; am. B.C. Reg. 30/2019, Sch. 1, s. 16.]

Part 8 — Provisions for Meetings to Determine Exclusion Applications

Notice of commission meeting

22   (1) A meeting of the commission to determine an exclusion application under section 30 of the Act must be held at a time and at a place designated by the commission and may be adjourned from time to time.

(2) Not more than 30 days before a meeting required under subsection (1) of this section, the commission must give written notice of the time and place of the meeting to all of the following:

(a) the applicant;

(b) the local government or first nation government in whose jurisdictional area is located the agricultural land to which the exclusion application relates;

(c) if the commission considers it advisable, the owners of the land located adjacent to the agricultural land that is the subject of the exclusion application.

(3) The notice of the meeting must do all of the following:

(a) state the time and place of the meeting;

(b) identify the agricultural land that is the subject of the exclusion application;

(c) state the purpose of the exclusion application;

(d) state the time and place at which the exclusion application and the documents relating to the application may be inspected.

[am. B.C. Regs. 339/2004, s. 16; 30/2019, Sch. 1, s. 18.]

Applicant to be given access to relevant information

23   (1) The commission must cause to be delivered to the applicant, by registered mail or personal service, including electronic mail,

(a) a copy of the exclusion application, except for the information supplied by the applicant, and

(b) a copy of any other information related to the exclusion application for consideration at the meeting.

(2) At the request of the applicant but subject to the Freedom of Information and Protection of Privacy Act, the commission must allow the applicant to inspect all relevant documents in the custody of the commission relating to the exclusion application.

[am. B.C. Reg. 339/2004, s. 17.]

Procedure at commission meeting

24   For the purpose of the meeting, the commission may do one or more of the following:

(a) hear representations from the applicant;

(b) accept written submissions or any other form of evidence even though it may not be evidence in a court of law;

(c) hear representations, evidence and opinions of any person present or represented at the meeting, and of the local government or first nation government in whose jurisdictional area is located the agricultural land to which the exclusion application relates, that, in the opinion of the commission, are relevant to the exclusion application.

[am. B.C. Regs. 339/2004, s. 18; 30/2019, Sch. 1, s. 19.]

Commission to notify applicant of evidence presented

25   (1) This section applies if evidence is presented at the meeting and a statement or summary of that evidence has not been sent to the applicant.

(2) If the applicant is present at the meeting, the commission may

(a) hear further representations in respect of the additional evidence, or

(b) adjourn the meeting to enable the applicant to answer that evidence.

(3) If the applicant or applicant's agent is not present at the meeting, the commission must notify the applicant by registered mail, electronic mail or personal service of

(a) the additional evidence presented at the meeting, and

(b) the time within which the additional evidence may be answered.

Part 9 — Owner Applications to Include Land in Reserve

Application by owner

26   (1) Repealed. [B.C. Reg. 30/2019, Sch. 1, s. 20.]

(2) An inclusion application under section 17 (3) of the Act must be in a form acceptable to the commission and must be filed,

(a) if the inclusion application is one referred to in section 34 (3.1) of the Act, with the commission, or

(b) in any other case, with the applicable local government or first nation government.

[am. B.C. Regs. 339/2004, s. 19; 30/2019, Sch. 1, ss. 5 and 20.]

Copy of inclusion application must be sent to government for adjacent land

26.1   If land to which an inclusion application filed under section 26 (2) relates is in one jurisdictional area but shares a common boundary with another jurisdictional area, the applicant must promptly after filing the inclusion application under section 26 (2) send a copy of the inclusion application to the local government or first nation government for that second mentioned jurisdictional area.

[en. B.C. Reg. 339/2004, s. 20.]

Public information meetings

27   If an inclusion application is filed under section 26 (2), the commission or the local government or first nation government in whose jurisdictional area is located the land to which the inclusion application relates may hold a public information meeting with respect to that inclusion application.

[en. B.C. Reg. 339/2004, s. 21.]

Local government or first nation government submission to commission

28   (1) Within the applicable time limit under subsection (2), the local government or first nation government in whose jurisdictional area is located the land to which an inclusion application relates must send to the commission all of the following:

(a) the inclusion application and any supporting information it wants the commission to consider;

(b) its comments and recommendations required under section 34 (4) of the Act in a form acceptable to the commission;

(c) the comments, if any, of a local government or first nation government to which the inclusion application has been sent under section 26.1 of this regulation.

(2) The time limit for sending materials under subsection (1) is

(a) 90 days after receipt of the inclusion application, if a public information meeting is held under section 27, and

(b) 60 days after receipt of the inclusion application in all other cases.

[en. B.C. Reg. 339/2004, s. 21.]

Part 10 — Use or Subdivision Applications

Application must be filed with local government or first nation government

29   (1) Repealed. [B.C. Reg. 30/2019, Sch. 1, s. 22 (a).]

(2) A use or subdivision application must be in a form acceptable to the commission and must be filed,

(a) if the application is one referred to in section 34 (3.1) of the Act, with the commission, or

(b) in any other case, with the applicable local government or first nation government.

(3) Subsection (2) does not apply to applications for transportation or utility uses filed with the commission under section 6 of this regulation.

[en. B.C. Reg. 339/2004, s. 21; am. B.C. Reg. 30/2019, Sch. 1, ss. 5 and 22.]

Sections 19 and 21 apply

30   Sections 19 and 21 apply to a use or subdivision application and, for that purpose, a reference in those sections

(a) to an exclusion application must be read as a reference to the use or subdivision application, and

(b) to section 30 (4) or (4.1) of the Act must be read as a reference to section 25 (3) or (3.1) of the Act.

[en. B.C. Reg. 30/2019, Sch. 1, s. 23.]

Application for soil or fill use

30.1   On receiving a use or subdivision application for permission to place fill on agricultural land, the commission must reject the application if the fill to be placed includes any of the materials referred to in section 36 of the Agricultural Land Reserve Use Regulation.

[en. B.C. Reg. 30/2019, Sch. 1, s. 24.]

Commission meeting

31   (1) If it considers it necessary or advisable, the commission may hold a meeting with respect to any use or subdivision application.

(2) A meeting to determine a use or subdivision application may be held at a time and place designated by the commission and may be adjourned from time to time.

[am. B.C. Reg. 30/2019, Sch. 1, s. 25.]

Part 11 — General

Status of applications

31.1   The commission must publish, and keep current, the following information on a website maintained by or on behalf of the commission in respect of each application submitted to the commission under the Act:

(a) the date on which the application was received;

(b) the subject matter of the application;

(c) the names of the parties to the application;

(d) the dates on which the commission began and completed its review of the application;

(e) the commission's decision and the reasons for it.

[en. B.C. Reg. 117/2015, s. 4.]

Commission must give notice of decision

32   The commission must inform the applicant, the applicable local government or first nation government and, if applicable, the appropriate registrar of titles and the British Columbia Assessment Authority if the commission

(a) designates and includes land under section 17 of the Act,

(b) grants permission for a non-farm use, non-adhering residential use or subdivision under section 25 of the Act, or

(c) excludes land or grants permission for a use or subdivision under section 29 or 30 of the Act.

[am. B.C. Regs. 339/2004, s. 22; 30/2019, Sch. 1, s. 26.]

Application fees

33   (1) In subsection (1.1), "application" does not include an inclusion application under section 17 (1) or (3) of the Act.

(1.1) For the purpose of section 34 of the Act, the prescribed application fees are

(a) $1 350, if a fee has already been submitted under section 20.3 (1) (c) (ii) of the Act in respect of the application, and

(b) $1 500, in any other case.

(2) For the purpose of section 35 (1) of the Act, the prescribed portion of the application fee that a local government or first nation government may retain is $300 for

(a) a use or subdivision application, or

(b) an exclusion application made under section 30 of the Act.

(3) The prescribed times for the purposes of section 35 (1) (b) of the Act are at a time that occurs on or before March 31, June 30, September 30 and December 31 of each year.

(4) The prescribed portion of an application fee that may be remitted by the commission to a local government or first nation government for the purposes of section 35 (5) of the Act is $200.

[am. B.C. Regs. 339/2004, s. 23; 71/2016, s. 1; 30/2019, Sch. 1, s. 27.]

Other fees

33.1   (1) In this section, "document administration" means the administration, processing, preparation, review, execution, filing or registration of any of the following by the commission, other than in the context of an application made under the Act:

(a) a report;

(b) a survey or map;

(c) a contract or similar legal instrument;

(d) a record that must be approved, filed or registered under an enactment;

(e) a subdivision plan, a statutory right of way or a covenant, including related records necessary for deposit of the subdivision plan, statutory right of way or covenant with the Registrar of Land Titles;

(f) a form of security.

(2) If, on approving an application made under the Act, a term or condition described in Column 1 of the following table is imposed on the applicant, the applicant must pay the fee set out in Column 2 opposite the term or condition:

ItemColumn 1
Term or Condition
Column 2
Fee ($)
1Document administration150 for each record
2Site inspection350 for each inspection
3The monitoring of activities carried out on land surveyed as being less than 0.8 ha500
4The monitoring of activities carried out on land surveyed as being between 0.8 ha and 4 ha1 000
5The monitoring of activities carried out on land surveyed as being more than 4 ha2 000

(3) No fee is payable under item 2 of the table in subsection (2) if item 3, 4 or 5 of the table applies.

(4) The fees set out in items 1 and 2 of the table in subsection (2) are payable at the time the term or condition is imposed.

(5) The fees set out in items 3 to 5 of the table in subsection (2) are payable annually, on the date set by the person who approves the application, for each year or part of a year that monitoring is carried out.

(6) The prescribed fee for submitting a notice under section 20.3 (1) (c) (ii) of the Act is $150.

[en. B.C. Reg. 71/2016, s. 2; am. B.C. Reg. 30/2019, Sch. 1, s. 28.]

Repealed

33.2   Repealed. [B.C. Reg. 30/2019, Sch. 1, s. 29.]

Mapping

34   (1) The agricultural land reserve boundary must be represented and maintained by the commission on maps using technology, standards and security procedures the commission considers appropriate.

(2) The commission must update a map referred to in subsection (1) as soon as reasonably practical after becoming aware that the agricultural land reserve boundary is not accurately represented on the map.

[am. B.C. Regs. 117/2015, s. 5; 30/2019, Sch. 1, s. 30.]

Penalties

35   (1) Before the chief executive officer levies a penalty under section 54 of the Act, the chief executive officer must consider all of the following:

(a) any contravention of a similar nature by the person;

(b) the gravity and magnitude of the contravention;

(c) whether the contravention was deliberate, repeated or continuous;

(d) whether there was an economic benefit derived by the person from the contravention;

(e) the person's cooperativeness and efforts to correct the contravention;

(f) the degree to which the contravention detrimentally affected or impaired the agricultural capability of the land or its suitability for farming.

(2) The penalty which the chief executive officer may levy is in the complete discretion of the chief executive officer, but must not exceed $100 000 for any single contravention.

(3) The maximum penalty which the chief executive officer may levy for a second or subsequent contravention is double the amount of the penalty levied for the first contravention.

(4) If the chief executive officer levies a penalty under section 54 of the Act against an owner of agricultural land, the chief executive officer must give the owner a notice setting out all of the following:

(a) the nature of the contravention;

(b) the amount of the penalty;

(c) the date by which the penalty must be paid;

(d) a description of the owner's right to appeal the penalty.

Delivery of order under section 50, 52 or 54 of the Act

36   If the commission, chief executive officer or an official issues an order under section 50, 52 or 54 of the Act, the order must be delivered by registered mail or personal service.

Administrative appeals

37   (1) A person who is the subject of a determination, decision or order under section 50, 52, or 54 (1) of the Act may appeal the determination, decision or order by delivering to the commission a written notice of appeal in a form acceptable to the commission.

(2) The notice of appeal under subsection (1) must include the grounds for the appeal and the relief requested and must be delivered to the commission not more than 60 days after the written determination, decision or order is personally served on the person.

(3) The commission may establish procedures for the conduct of appeals including rules for the eligibility of intervenors, the admission of evidence and the form and content of written submissions.

(4) The commission must hold a hearing to consider the appeal.

(5) The commission must make a decision promptly after the hearing and serve copies of the written decision on the parties and any intervenors.

Determining residency in panel region

37.1   (1) In this section, "director" means the director of the office of the government that is responsible for the recruitment and recommendation of candidates for appointments to all Crown corporations, agencies, boards and commissions.

(2) A person is a resident of a panel region if the person

(a) is a citizen or permanent resident of Canada,

(b) resides in the panel region, and

(c) intends to return to the panel region when absent.

(3) A person may not be appointed as a member of the commission, other than as chair of the commission, unless the person identifies to the director, in writing, one panel region of which the person is a resident.

(4) A person identifying the panel region of which the person is a resident must provide supporting evidence that subsection (2) applies to the person in relation to that panel region.

(5) The director may request additional supporting evidence.

(6) If the director is satisfied that a person is a resident of the panel region identified by the person under subsection (3), the director must provide written confirmation of that fact to the following, as applicable:

(a) in the case of a person seeking to be appointed as a vice chair of the commission, the Lieutenant Governor in Council;

(b) in the case of a person seeking to be appointed as a member of the commission, other than the chair or a vice chair of the commission, the minister.

(7) Subject to section 37.2, confirmation by the director that a person is a resident of a panel region is final and binding.

[en. B.C. Reg. 167/2014, Sch. s. 1; am. B.C. Regs. 117/2015, s. 6; 30/2019, Sch. 1, s. 31.]

Notice before member ceases to be a resident of panel region

37.2   (1) A member of the commission, other than the chair, who intends to cease to be a resident of the panel region identified by the member under section 37.1, must provide written notice to the chair and the minister.

(2) The notice must be provided before the member ceases to be a resident of the panel region.

(3) The notice must include whichever of the following dates applies to the member:

(a) the date the member intends to cease to be a resident of the panel region;

(b) an earlier date on which the member intends to resign from the commission.

[en. B.C. Reg. 167/2014, Sch. s. 1.]

Powers of commission, chief executive officer and designated official

38   Under this regulation, if the commission, chief executive officer or a designated official is empowered to establish a condition or requirement, the commission, chief executive officer or designated official is also empowered to establish the manner and timing for carrying out the condition or requirement.

Delegation to authorities

39   The commissioner appointed under the Oil and Gas Activities Act is prescribed as a public officer for the purposes of section 26 (1) (b) of the Agricultural Land Commission Act.

[am. B.C. Reg. 269/2010, Sch. s. 1.]

Operational reports

40   The commission must submit to the minister, before June 30 of each year, an annual report that includes the following information:

(a) the information referred to in section 12 (2) (a) and (c) to (e) of the Act with respect to the preceding financial year;

(b) the information referred to in section 12 (2) (b) of the Act, including details of the commission's achievement of performance indicators, with respect to the preceding financial year;

(c) information respecting the financial operation of the commission, including a financial statement

(i) showing the commission's financial operations for the 2 preceding financial years, and

(ii) prepared in accordance with generally accepted accounting principles and the accounting policies and practices established by Treasury Board.

[en. B.C. Reg. 117/2015, s. 7.]

Planning and strategic reports

41   The commission must submit to the minister, before September 1 of each year, an annual report that includes the information referred to in section 12 (2) (f) to (h) of the Act with respect to the period beginning September 1 of the current year and ending August 31 of the following year.

[en. B.C. Reg. 117/2015, s. 7.]

Other reports

42   On request of the minister, the commission must submit to the minister a report that includes the following information with respect to the period specified by the minister:

(a) information respecting

(i) the number of applications, and the percentage of total applications, that the chair of the commission, a regional panel, or both, have referred to the executive committee, and

(ii) the reason for each referral;

(b) information respecting expenditures in relation to specific budget allocations;

(c) information specified by the minister respecting the administration of the Act by the commission;

(d) information specified by the minister respecting the expenditure of the budget allocated to the commission.

[en. B.C. Reg. 117/2015, s. 7.]

Publishing reports

43   (1) Subject to subsection (2) of this section, the commission must publish a report submitted under section 40, 41 or 42

(a) on a website maintained on behalf of the commission, and

(b) no earlier than 60 days and not later than 90 days after submitting the report.

(2) The minister may direct the commission not to publish any part of a report that, in the opinion of the minister, contains information that would be protected from disclosure under Division 2 of Part 2 of the Freedom of Information and Protection of Privacy Act, whether the information relates to the commission or to the government.

[en. B.C. Reg. 117/2015, s. 7.]

[Provisions relevant to the enactment of this regulation: Agricultural Land Commission Act, S.B.C. 2002, c. 36, s. 58]