Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Agricultural Land Commission Act

Agricultural Land Reserve Use, Subdivision and Procedure Regulation

B.C. Reg. 171/2002

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Title February 22, 2019
Section 1 May 7, 2015
June 15, 2015
August 2, 2016
February 22, 2019
Section 2 May 7, 2015
June 15, 2015
February 29, 2016
August 2, 2016
January 23, 2017
November 9, 2017
June 15, 2018
July 13, 2018
Section 3 May 7, 2015
June 15, 2015
December 16, 2015
February 29, 2016
July 11, 2016
August 2, 2016
Part 2 Section 2 and 3 February 22, 2019
Part 3 Section 3 and 4 February 22, 2019
Section 6 February 22, 2019
Section 8 February 22, 2019
Section 9 February 22, 2019
Section 10 February 22, 2019
Section 12 February 22, 2019
Section 12.1 February 22, 2019
Section 13 February 22, 2019
February 22, 2019
Section 14 February 22, 2019
Section 14.1 July 11, 2016
February 22, 2019
Section 14.2 July 11, 2016
February 22, 2019
Section 14.3 July 11, 2016
February 22, 2019
Section 15 February 22, 2019
February 22, 2019
Section 16 February 22, 2019
Section 16.1 February 22, 2019
Section 17 February 22, 2019
Section 18 February 22, 2019
Section 19 February 22, 2019
Section 20 February 22, 2019
Section 21 February 22, 2019
Part 8 February 22, 2019
Section 22 February 22, 2019
Section 24 February 22, 2019
Section 26 February 22, 2019
Part 10 February 22, 2019
Section 29 February 22, 2019
Section 30 February 22, 2019
Section 30.1 February 22, 2019
Section 31 February 22, 2019
Section 31.1 June 15, 2015
Section 32 February 22, 2019
Section 33 April 1, 2016
February 22, 2019
Section 33.1 April 1, 2016
February 22, 2019
Section 33.2 April 1, 2016
February 22, 2019
Section 34 June 15, 2015
February 22, 2019
Section 37.1 September 5, 2014
June 15, 2015
February 22, 2019
Section 37.2 September 5, 2014
Section 39 October 4, 2010
Section 40 June 15, 2015
Section 41 June 15, 2015
Section 42 June 15, 2015
Section 43 June 15, 2015

 Title BEFORE re-enacted by BC Reg 30/2019, effective February 22, 2019.

Agricultural Land Reserve Use, Subdivision and Procedure Regulation

 Section 1, definition of "newspaper" BEFORE amended by BC Reg 69/2015, effective May 7, 2015.

"newspaper" has the same meaning as in section 5 of the Local Government Act;

 Section 1 (3) was added by BC Reg 117/2015, effective June 15, 2015.

 Section 1, definition of "agri-tourism" BEFORE amended by BC Reg 210/2016, effective August 2, 2016.

"agri-tourism" means a tourist activity, service or facility accessory to land that is classified as a farm under the Assessment Act;

 Section 1, definition of "gathering for an event" was added by BC Reg 210/2016, effective August 2, 2016.

 Section 1 (4) was added by BC Reg 210/2016, effective August 2, 2016.

 Section 1, definitions of "aggregate", "agri-tourism", "agroforestry", "aquaculture", "compost", "farm", "farm product", "gathering for an event", "immediate family", "managed organic matter", "parcel", "sleeping unit", "soil amendment" and "treaty first nation government" BEFORE repealed by BC Reg 30/2019, effective February 22, 2019.

"aggregate" includes sand, gravel, crushed stone, quarry rock and similar materials used in the construction and maintenance of civil and structural projects;

"agri-tourism" means

(a) an activity referred to in subsection (4)

(i) that is carried out on land that is classified as a farm under the Assessment Act,

(ii) to which members of the public are ordinarily invited, with or without a fee, and

(iii) in connection with which permanent facilities are not constructed or erected, and

(b) services that are ancillary to activities referred to in paragraph (a);

"agroforestry" means a land use that involves deliberate retention, introduction or mixing of trees or other plants in crop and animal production systems to provide an economic return;

"aquaculture" has the same meaning as under the Fisheries Act;

"compost" means a product that is

(a) a stabilized earthy matter having the properties and structure of humus,

(b) beneficial to plant growth when used as a soil amendment,

(c) produced by composting, and

(d) derived only from organic matter;

"farm" means an occupation or use, for farm purposes, of one or several parcels of land or tenured areas of Crown land;

"farm product" means a commodity that is produced from a farm use as defined in the Act or designated by this regulation;

"gathering for an event" means a gathering of people on a farm for the purpose of attending

(a) a wedding, unless paragraph (c) (ii) applies,

(b) a music festival, or

(c) an event, other than

(i) an event held for the purpose of agri-tourism, or

(ii) the celebration, by residents of the farm and those persons whom they invite, of a family event for which no fee or other charge is payable in connection with the event by invitees;

"immediate family" means, with respect to an owner, the owner's

(a) parents, grandparents and great grandparents,

(b) spouse, parents of spouse and stepparents of spouse,

(c) brothers and sisters, and

(d) children or stepchildren, grandchildren and great grandchildren;

"managed organic matter" means Class A or Class B biosolids or Class B compost as those things are defined in the Organic Matter Recycling Regulation, B.C. Reg. 18/2002;

"parcel" means land that is the subject of a single indefeasible title under the Land Title Act;

"sleeping unit" means

(a) a bedroom or other area used as a bedroom in a cabin, dwelling or accessory building, and

(b) a tent or recreational vehicle on a campsite;

"soil amendment" means compost, manure, mulches, fertilizer and soil conditioners;

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

 Section 1, definition of "jurisdictional area" BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

"jurisdictional area" means,

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

(b) in relation to a treaty first nation government, the treaty settlement lands for that first nation, and

(c) in relation to a pre-treaty first nation government, the proposed treaty settlement lands for that first nation;

 Section 1 (2) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(2) Nothing in this regulation is to be interpreted as relieving an owner, an applicant or an approving officer from complying with any other enactment, bylaw or decision of a responsible authority that may apply, including zoning, subdivision and any other legislation.

 Section 1 (3) and (4) BEFORE repealed by BC Reg 30/2019, effective February 22, 2019.

(3) For greater certainty, water is not a farm product for the purposes of the Act or this regulation.

(4) Agri-tourism on a farm means the following:

(a) an agricultural heritage exhibit displayed on the farm;

(b) a tour of the farm, an educational activity or demonstration in respect of all or part of the farming operations that take place on the farm, and activities ancillary to any of these;

(c) cart, sleigh and tractor rides on the land comprising the farm;

(d) subject to section 2 (2) (h), activities that promote or market livestock from the farm, whether or not the activity also involves livestock from other farms, including shows, cattle driving and petting zoos;

(e) dog trials held at the farm;

(f) harvest festivals and other seasonal events held at the farm for the purpose of promoting or marketing farm products produced on the farm;

(g) corn mazes prepared using corn planted on the farm.

 Section 2 (1.1) was added by BC Reg 69/2015, effective May 7, 2015.

 Section 2 (2) (part) BEFORE amended by BC Reg 69/2015, effective May 7, 2015.

(2) The following activities are designated as farm use for the purposes of the Act and may be regulated but must not be prohibited by any local government bylaw except a bylaw under section 917 of the Local Government Act or, if the activity is undertaken on treaty settlement lands, by a law of the applicable treaty first nation government:

 Section 2 (2) (p) was added by BC Reg 69/2015, effective May 7, 2015.

 Section 2 (1) and (2) (b) BEFORE repealed by BC Reg 115/2015, effective June 15, 2015.

(1) For the purposes of subsection (2) (b), "ancillary use" means any of the following activities carried on at a British Columbia licensed winery or cidery:

(a) processing, storage and retail sales;

(b) tours;

(c) a food and beverage service lounge, if the area does not exceed 125 m2 indoors and 125 m2 outdoors.

(b) a British Columbia licensed winery or cidery and an ancillary use if the wine or cider produced and offered for sale is made from farm product and

(i) at least 50% of that farm product is grown on the farm on which the winery or cidery is located, or

(ii) the farm that grows the farm products used to produce wine or cider is more than 2 ha in area, and, unless otherwise authorized by the commission, at least 50% of the total farm product for processing is provided under a minimum 3 year contract from a farm in British Columbia;

 Section 2 (a) (ii), (c), (4), and (5) BEFORE amended by BC Reg 117/2015, effective June 15, 2015.

(ii) at least 50% of the retail sales area is limited to the sale of farm products produced on the farm on which the retail sales are taking place and the total area, both indoors and outdoors, used for the retail sales of all products does not exceed 300 m2;

(c) storage, packing, product preparation or processing of farm products, if at least 50% of the farm product being stored, packed, prepared or processed is produced on the farm or is feed required for farm production purposes on the farm;

(4) Unless permitted under the Water Act or the Environmental Management Act, any use specified in subsection (2) includes soil removal or placement of fill necessary for that use as long as it does not

(a) cause danger on or to adjacent land, structures or rights of way, or

(b) foul, obstruct or impede the flow of any waterway.

(5) The removal of soil or placement of fill as part of a use designated in subsection (2) must be considered to be a designated farm use and does not require notification except under section 4.

 Section 2 (2) (q), and (2.1) to (2.4) were added by BC Reg 117/2015, effective June 15, 2015.

 Section 2 (4) BEFORE amended by BC Reg 41/2016, effective February 29, 2016.

(4) Unless permitted under the Water Act or the Environmental Management Act, any use designated under any of subsections (2) to (2.3) includes soil removal or placement of fill necessary for that use as long as it does not

(a) cause danger on or to adjacent land, structures or rights of way, or

(b) foul, obstruct or impede the flow of any waterway.

 Section 2 (2) (e) BEFORE amended by BC Reg 210/2016, effective August 2, 2016.

(e) agri-tourism activities, other than accommodation, on land that is classified as a farm under the Assessment Act, if the use is temporary and seasonal, and promotes or markets farm products grown, raised or processed on the farm;

 Section 2 (2.4) (d) BEFORE repealed by BC Reg 210/2016, effective August 2, 2016.

(d) tours;

 Section 2 (2.4) (e) was added by BC Reg 210/2016, effective August 2, 2016.

 Section 2 (2.4) (f) was added by BC Reg 210/2016, effective August 2, 2016.

 Section 2 (2.2) (a) (i) and (ii) BEFORE amended by BC Reg 291/2016, effective January 23, 2017.

(i) was licensed to produce wine or cider under the Liquor Control and Licensing Act on the date subsection (2) (b) was repealed, or

(ii) is the subject of a letter of eligibility to produce wine or cider, given in respect of a licensing application made under the Liquor Control and Licensing Act and received within one year before the date subsection (2) (b) was repealed, and

 Section 2 (2.4) definition of "ancillary use", subparagraph (c) (i) BEFORE amended by BC Reg 291/2016, effective January 23, 2017.

(i) is sold as a single serving in a lounge referred to in paragraph (b) or a special event area operated in accordance with a special event endorsement under section 18 of the Liquor Control and Licensing Regulation, B.C. Reg. 244/2002, and

 Section 2 (2.4) definition of "ancillary use", paragraphs (e) and (f) BEFORE amended by BC Reg 291/2016, effective January 23, 2017.

(e) cooking classes, if

(i) the class is held in a food premises within the meaning of the Food Premises Regulation that has been constructed, and is being operated, in compliance with that regulation, and

(ii) the service of food is permitted under a manufacturer licence issued under the Liquor Control and Licensing Act;

(f) gathering for an event, if the event is held only in the lounge referred to in paragraph (b) or the special event area referred to in paragraph (c) of this subsection, and, for this purpose, section 3 (4) (k) does not apply;

 Section 2 (2.1) BEFORE amended by BC Reg 204/2017, effective November 9, 2017.

(2.1) A winery or cidery, and ancillary uses, are designated as farm uses for the purposes of the Act if

(a) at least 50% of the farm product used to make the wine or cider produced each year is grown on the farm on which the winery or cidery is located, or

(b) the farm on which the winery or cidery is located is more than 2 ha in area and at least 50% of the farm product used to make the wine or cider produced each year is grown

(i) on the farm, or

(ii) both on the farm and on another farm located in British Columbia that provides that farm product to the winery or cidery under a contract having a term of at least 3 years.

 Section 2 (2.3) BEFORE repealed by BC Reg 204/2017, effective November 9, 2017.

(2.3) A brewery, distillery or meadery, and ancillary uses, are designated as farm uses for the purposes of the Act if at least 50% of the farm product used to make the beer, spirits or mead produced each year is grown on the farm on which that brewery, distillery or meadery is located.

 Section 2 (2.4) (part) BEFORE amended by BC Reg 204/2017, effective November 9, 2017.

(2.4) In subsections (2.1) to (2.3):

 Section 2 (2.4) definitions of "alcohol product", "alcohol production facility" and "primary farm product" were added by BC Reg 204/2017, effective November 9, 2017.

 Section 2 (2.4) definition of "ancillary use" BEFORE amended by BC Reg 204/2017, effective November 9, 2017.

"ancillary use" means the following activities carried out at a brewery, cidery, distillery, meadery or winery:

(a) processing, storing and retail sales of beer, cider, spirits, mead or wine produced by the brewery, cidery, distillery, meadery or winery;

(b) the operation of a food and beverage service lounge, if the area of the lounge does not exceed 125 m2 indoors and 125 m2 outdoors;

(c) selling an alcoholic beverage other than one produced by the brewery, cidery, distillery, meadery or winery if the alcoholic beverage

(i) is sold as a single serving in a lounge referred to in paragraph (b) or in a service area under a special event area endorsement endorsed on the licence issued under the Liquor Control and Licensing Act for the brewery, cidery, distillery, meadery or winery, and

(ii) is intended to be consumed immediately;

(d) Repealed. [B.C. Reg. 210/2016, s. 2 (b).]

(e) cooking classes if the classes are held in a food premises within the meaning of the Food Premises Regulation that has been constructed, and is being operated, in compliance with that regulation;

(f) gathering for an event, if the event is held only in the lounge referred to in paragraph (b) or the special event area under a special event area endorsement referred to in paragraph (c), and, for this purpose, section 3 (4) (k) does not apply;

 Section 2 (4) (part) and (5) BEFORE amended by BC Reg 204/2017, effective November 9, 2017.

(4) Unless permitted under the Water Sustainability Act or the Environmental Management Act, any use designated under any of subsections (2) to (2.3) includes soil removal or placement of fill necessary for that use as long as it does not

(5) The removal of soil or placement of fill as part of a use designated under any of subsections (2) to (2.3) must be considered to be a designated farm use and does not require notification except under section 4.

 Section 2 (1.1) (a) BEFORE amended by BC Reg 117/2018, effective June 15, 2018.

(a) by any local government bylaw except a bylaw under section 917 of the Local Government Act, or

 Section 2 (2) (p) BEFORE repealed by BC Reg 147/2018, effective July 13, 2018.

(p) the production of marihuana in accordance with the Marihuana for Medical Purposes Regulations, SOR/2013-119 (Canada);

 Section 2 (2.5) was added by BC Reg 147/2018, effective July 13, 2018.

 Section 3 (1) (part) BEFORE amended by BC Reg 69/2015, effective May 7, 2015.

(1) The following land uses are permitted in an agricultural land reserve unless otherwise prohibited by a local government bylaw or, for lands located in an agricultural land reserve that are treaty settlement lands, by a law of the applicable treaty first nation government:

 Section 3 (1) (f) and (k) BEFORE amended by BC Reg 69/2015, effective May 7, 2015.

(f) biodiversity conservation, passive recreation, heritage, wildlife and scenery viewing purposes, as long as the area occupied by any associated buildings and structures does not exceed 100 m2 for each parcel;

(k) aggregate extraction if the total volume of materials removed from the parcel is less than 500 m3, as long as the cultivatable surface layer of soil is salvaged, stored on the parcel and available to reclaim the disturbed area;

 Section 3 (4) (part) BEFORE amended by BC Reg 69/2015, effective May 7, 2015.

(4) The following land uses are permitted in an agricultural land reserve:

 Section 3 (4) (a) (iv) and (v) BEFORE amended by BC Reg 69/2015, effective May 7, 2015.

(iv) wildlife management area established under the Wildlife Act, or

(v) recreation reserve established under the Land Act;

 Section 3 (4) (a) (vi) was added by BC Reg 69/2015, effective May 7, 2015.

 Section 3 (4) (f) and (g) BEFORE amended by BC Reg 69/2015, effective May 7, 2015.

(f) increasing the right of way width of a forest service road by up to 4 m if the widening does not result in an overall right of way width of more than 24 m;

(g) railway construction, upgrading and operations on an existing railbed within a dedicated right of way, including widening of an existing railway right of way if the widening does not result in an overall right of way width of more than 30 m;

 Section 3 (1) (b) BEFORE amended by BC Reg 117/2015, effective June 15, 2015.

(b) for each parcel,

(i) one secondary suite within a single family dwelling, and

(ii) one manufactured home, up to 9 m in width, for use by a member of the owner's immediate family;

 Section 3 (1) (b.1) and (q) were added by BC Reg 117/2015, effective June 15, 2015.

 Section 3 (4) (f.1) was added by BC Reg 236/2015, effective December 16, 2015.

 Section 3 (6) BEFORE amended by BC Reg 41/2016, effective February 29, 2016.

(6) Unless permitted under the Water Act or the Environmental Management Act, any use specified in subsection (1) or (4) includes soil removal or placement of fill necessary for that use as long as the soil removal or placement of fill does not

(a) cause danger on or to adjacent land, structures or rights of way, or

(b) foul, obstruct or impede the flow of any waterway.

 Section 3 (1) (r) was added by BC Reg 176/2016, effective July 11, 2016.

 Section 3 (1) (s) and (t) were added by BC Reg 210/2016, effective August 2, 2016.

 Section 3 (4) (k) was added by BC Reg 210/2016, effective August 2, 2016.

 Part 2, sections 2 and 3 BEFORE repealed by BC Reg 30/2019, effective February 22, 2019.

Part 2 — Permitted Uses

Activities designated as farm use

2   (1) Repealed. [B.C. Reg. 117/2015, s. 2 (a).]

(1.1) The activities designated under this section as farm uses for the purposes of the Act must not be prohibited

(a) by any local government bylaw except a bylaw under section 552 [farming area bylaws] of the Local Government Act, or

(b) by a law of the applicable treaty first nation government, if the activity is undertaken on treaty settlement lands.

(2) The following activities are designated as farm use for the purposes of the Act:

(a) farm retail sales if

(i) all of the farm product offered for sale is produced on the farm on which the retail sales are taking place, or

(ii) the total area, both indoors and outdoors, used for the retail sales of all products does not exceed 300 m2 and if at least 50% of that retail sales area is limited to the sale of farm products produced

(A) on the farm on which the retail sales are taking place, or

(B) by an association as defined in the Cooperative Association Act to which the owner of the farm on which the retail sales are taking place belongs;

(b) Repealed. [B.C. Reg. 117/2015, s. 2 (c).]

(c) storing, packing, preparing or processing farm products, if at least 50% of the farm product being stored, packed, prepared or processed is

(i) produced on the farm,

(ii) produced by an association as defined in the Cooperative Association Act to which the owner of the farm belongs, or

(iii) feed required for farm production purposes on the farm;

(d) land development works including clearing, levelling, draining, berming, irrigating and construction of reservoirs and ancillary works if the works are required for farm use of that farm;

(e) agri-tourism, other than accommodation;

(f) timber production, harvesting, silviculture and forest protection;

(g) agroforestry, including botanical forest products production;

(h) horse riding, training and boarding, including a facility for horse riding, training and boarding, if

(i) the stables do not have more than 40 permanent stalls, and

(ii) the facility does not include a racetrack licensed by the British Columbia Racing Commission;

(i) the storage and application of fertilizers, mulches and soil conditioners;

(j) the application of soil amendments collected, stored and handled in compliance with the Agricultural Waste Control Regulation, B.C. Reg. 131/92;

(k) the production, storage and application of compost from agricultural wastes produced on the farm for farm purposes in compliance with the Agricultural Waste Control Regulation, B.C. Reg. 131/92;

(l) the application of compost and biosolids produced and applied in compliance with the Organic Matter Recycling Regulation, B.C. Reg. 18/2002;

(m) the production, storage and application of Class A compost in compliance with the Organic Matter Recycling Regulation, B.C. Reg. 18/2002, if all the compost produced is used on the farm;

(n) soil sampling and testing of soil from the farm;

(o) the construction, maintenance and operation of farm buildings including, but not limited to, any of the following:

(i) a greenhouse;

(ii) a farm building or structure for use in an intensive livestock operation or for mushroom production;

(iii) an aquaculture facility;

(p) Repealed. [B.C. Reg. 147/2018, s. 1 (a).]

(q) a farm use by a person other than the owner of the farm under a lease of the farm or part of the farm, if a condition of the lease is that the leased land be used only for one or more farm uses.

(2.1) An alcohol production facility, and ancillary uses, are designated as farm uses for the purposes of the Act if

(a) at least 50% of the primary farm product used to make the alcohol product produced each year is grown on the farm on which the alcohol production facility is located, or

(b) the farm on which the alcohol production facility is located is more than 2 ha in area and at least 50% of the primary farm product used to make the alcohol product produced each year is grown

(i) on the farm, or

(ii) both on the farm and on another farm located in British Columbia that provides that primary farm product to the alcohol production facility under a contract having a term of at least 3 years.

(2.2) Despite the repeal of subsection (2) (b) and the enactment of subsection (2.1), a winery or cidery and ancillary uses continue to be designated as farm uses for the purposes of the Act if

(a) the winery or cidery

(i) was licensed to produce wine or cider under the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, on the date subsection (2) (b) was repealed, or

(ii) is the subject of a letter of eligibility to produce wine or cider, given in respect of a licensing application made under the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, and received within one year before the date subsection (2) (b) was repealed, and

(b) the production of wine or cider by the winery or cidery would be designated as a farm use if subsection (2) (b), as it read immediately before its repeal, continued to apply.

(2.3) Repealed. [B.C. Reg. 204/2017, s. 1 (e).]

(2.4) In subsections (2.1) and (2.2) and this subsection:

"alcohol product" means beer, cider, spirits, mead or wine;

"alcohol production facility" means a brewery, cidery, distillery, meadery or winery;

"ancillary use" means the following activities carried out at an alcohol production facility:

(a) processing, storing and retail sales of alcohol products produced by the alcohol production facility;

(b) the operation of a food and beverage service lounge, if the area of the lounge does not exceed 125 m2 indoors and 125 m2 outdoors;

(c) selling an alcoholic beverage other than one produced by the alcohol production facility if the alcoholic beverage

(i) is sold as a single serving in a lounge referred to in paragraph (b) or in a service area under a special event area endorsement endorsed on the licence issued under the Liquor Control and Licensing Act for the alcohol production facility, and

(ii) is intended to be consumed immediately;

(d) Repealed. [B.C. Reg. 210/2016, s. 2 (b).]

(e) cooking classes if the classes are held in a food premises within the meaning of the Food Premises Regulation that has been constructed, and is being operated, in compliance with that regulation;

(f) gathering for an event, if the event is held only in the lounge referred to in paragraph (b) or the special event area under a special event area endorsement referred to in paragraph (c), and, for this purpose, section 3 (4) (k) does not apply;

"brewery", "cidery", "distillery", "meadery" and "winery" mean a brewery, cidery, distillery, meadery or winery, as applicable, that is licensed under the Liquor Control and Licensing Act to produce beer, cider, spirits, mead or wine;

"primary farm product" means the farm product that is the primary ingredient used in a fermentation process to make an alcohol product.

(2.5) The lawful production of cannabis is designated as farm use for the purposes of the Act if produced outdoors in a field or inside a structure

(a) that has a base consisting entirely of soil, or

(b) that was, before the date on which this section came into force,

(i) constructed for the purpose of growing crops inside it, including but not limited to the lawful production of cannabis, or

(ii) under construction for the purpose referred to in subparagraph (i), if that construction

(A) was being carried out in accordance with all applicable authorizations and enactments, and

(B) continues without interruption from the date it began to the date the structure is completed, other than work stoppages considered reasonable in the building industry, and

that has not been altered since that date to increase the size of its base or to change the material used as its base.

(3) Any activity designated as farm use includes the construction, maintenance and operation of a building, structure, driveway, ancillary service or utility necessary for that farm use.

(4) Unless permitted under the Water Sustainability Act or the Environmental Management Act, any use designated under any of subsections (2) to (2.2) includes soil removal or placement of fill necessary for that use as long as it does not

(a) cause danger on or to adjacent land, structures or rights of way, or

(b) foul, obstruct or impede the flow of any waterway.

(5) The removal of soil or placement of fill as part of a use designated under any of subsections (2) to (2.2) must be considered to be a designated farm use and does not require notification except under section 4.

[am. B.C. Regs. 339/2004, s. 2; 69/2015, s. 2; 117/2015, s. 2; 41/2016, s. 1; 210/2016, s. 2; 291/2016, Sch. 2, ss. 1 and 2; 204/2017, s. 1; 117/2018, s. 1; 147/2018, s. 1.]

Permitted uses for land in an agricultural land reserve

3   (1) The following non-farm uses are permitted in an agricultural land reserve unless otherwise prohibited by a local government bylaw or, for lands located in an agricultural land reserve that are treaty settlement lands, by a law of the applicable treaty first nation government:

(a) accommodation for agri-tourism on a farm if

(i) all or part of the parcel on which the accommodation is located is classified as a farm under the Assessment Act,

(ii) the accommodation is limited to 10 sleeping units in total of seasonal campsites, seasonal cabins or short term use of bedrooms including bed and breakfast bedrooms under paragraph (d), and

(iii) the total developed area for buildings, landscaping and access for the accommodation is less than 5% of the parcel;

(b) for a parcel located in Zone 1,

(i) one secondary suite in a single family dwelling, and

(ii) either

(A) one manufactured home, up to 9 m in width, for use by a member of the owner's immediate family, or

(B) accommodation that is constructed above an existing building on the farm and that has only a single level;

(b.1) for a parcel located in Zone 2,

(i) one secondary suite in a single family dwelling,

(ii) either

(A) one manufactured home, up to 9 m in width, for use by a member of the owner's immediate family, or

(B) accommodation that is constructed above an existing building on the farm and that has only a single level, and

(iii) a second single family dwelling, but only if the parcel is at least 50 ha in size and if the total area occupied by all residences and other residential structures, roads and service lines, and all land between them, is 4 000 m2 or less;

(c) a home occupation use, that is accessory to a dwelling, of not more than 100 m2 or such other area as specified in a local government bylaw, or treaty first nation government law, applicable to the area in which the parcel is located;

(d) bed and breakfast use of not more than 4 bedrooms for short term tourist accommodation or such other number of bedrooms as specified in a local government bylaw, or treaty first nation government law, applicable to the area in which the parcel is located;

(e) operation of a temporary sawmill if at least 50% of the volume of timber is harvested from the farm or parcel on which the sawmill is located;

(f) biodiversity conservation, passive recreation, heritage, wildlife and scenery viewing purposes, if

(i) the area occupied by any associated buildings and structures does not exceed 100 m2 for each parcel, and

(ii) the purpose does not include the creation of a wetland intended to manage urban runoff or waste;

(g) use of an open land park established by a local government or treaty first nation government for any of the purposes specified in paragraph (f);

(h) breeding pets or operating a kennel or boarding facility;

(i) education and research except schools under the School Act, respecting any use permitted under the Act and this regulation as long as the area occupied by any buildings or structures necessary for the education or research does not exceed 100 m2 for each parcel;

(j) production and development of biological products used in integrated pest management programs as long as the area occupied by any buildings or structures necessary for the production or development does not exceed 300 m2 for each parcel;

(k) aggregate extraction, if the total volume of materials removed from the parcel is less than 500 m3 and if

(i) any previous extraction from the parcel is rehabilitated in accordance with subsection (3) before a further extraction is made, and

(ii) the cultivatable surface layer of soil is salvaged, stored on the parcel and available for rehabilitation in accordance with subparagraph (i);

(l) force mains, trunk sewers, gas pipelines and water lines within an existing dedicated right of way;

(m) telecommunications equipment, buildings and installations as long as the area occupied by the equipment, buildings and installations does not exceed 100 m2 for each parcel;

(n) construction and maintenance, for the purpose of drainage or irrigation or to combat the threat of flooding, of

(i) dikes and related pumphouses, and

(ii) ancillary works including access roads and facilities;

(o) unpaved airstrip or helipad for use of aircraft flying non-scheduled flights;

(p) the production, storage and application of Class A compost in compliance with the Organic Matter Recycling Regulation, B.C. Reg. 18/2002, if at least 50% of the compost measured by volume is used on the farm;

(q) a residential use under a lease of a farm or part of a farm located in Zone 2, if

(i) the lessee is a retired farmer as defined in section 23 of the Assessment Act who previously owned and operated the farm for at least 15 years before the lease began,

(ii) the leased land comprises no more than 1 ha of a parcel that is at least 5 ha, all of which is located on a farm operated for a farm use,

(iii) the conditions of the lease specify that

(A) the leased land must be used as the primary residence of the lessee,

(B) the leased land may not be used for any other non-farm use,

(C) the lease may not be assigned or sub-leased by the lessee,

(D) the lease terminates on the date that the lessee dies or stops using the leased land as his or her primary residence, if not terminated for another reason, and

(E) the interest in the leased land reverts back to the lessor on termination of the lease, and

(iv) there is no other lease on the farm as described in this paragraph;

(r) conversion of non-forested land to forested land on parcels less than 20 ha other than for a farm use under section 2 (2) (f) and (g);

(s) a refuge for wildlife, if operated in compliance with the Wildlife Act;

(t) a facility that shelters and cares for surrendered, abandoned or seized livestock.

(2) Nothing in subsection (1) (a) is to be interpreted as permitting the conversion of a building into strata lots by an owner.

(3) If a use is permitted under subsection (1) (k) it is a condition of the use that once the extraction of aggregate is complete, the disturbed area must be rehabilitated in accordance with good agricultural practice.

(4) The following non-farm uses are permitted in an agricultural land reserve and must not be prohibited by a local government bylaw or, for lands located in an agricultural land reserve that are treaty settlement lands, by a law of the applicable treaty first nation government:

(a) any

(i) ecological reserve established under the Ecological Reserve Act or by the Protected Areas of British Columbia Act,

(ii) park established under the Park Act or by the Protected Areas of British Columbia Act,

(iii) protected area established under the Environment and Land Use Act,

(iv) wildlife management area established under the Wildlife Act,

(v) reserve established under section 15 of the Land Act for recreational use, or

(vi) recreation site established under section 56 of the Forest and Range Practices Act;

(b) dedication or upgrading of an existing road with vehicular access and use declared to be a highway under section 42 of the Transportation Act;

(c) road construction or upgrading within a dedicated right of way that has a constructed road bed for vehicular access and use;

(d) if the widening or works does not result in an overall right of way width of more than 24 m, widening of an existing constructed road right of way for

(i) safety or maintenance purposes, or

(ii) drainage or flood control works;

(d.1) widening an existing constructed road right of way to ease one curve;

(e) establishing as a forest service road

(i) an existing road under the Forest Act, or

(ii) a new road in a managed forest;

(f) increasing the right of way width of a forest service road by up to 4 m if the widening does not cause the overall right of way to be wider than

(i) 30 m, if the forest service road is located on Crown land, or

(ii) 20 m, in any other case;

(f.1) road construction and upgrading, and conducting related works, for the purpose of realigning Highway 29 between Hudson's Hope and Charlie Lake, to the extent necessary to

(i) construct the dam and hydroelectric generating station on the Peace River known as the Site C Clean Energy Project, and

(ii) address potential adverse effects on the highway arising from the operation of the dam and generating station referred to in subparagraph (i);

(g) railway construction, upgrading and operations on an existing railbed within a dedicated right of way, including widening of an existing railway right of way if the widening does not result in an overall right of way width of more than 30.5 m;

(h) surveying, exploring or prospecting for gravel or minerals if all cuts, trenches and similar alterations are restored to the natural ground level on completion of the surveying, exploring or prospecting;

(i) surface water collection for farm use or domestic use, water well drillings, connection of water lines, access to water well sites and required rights of way or easements;

(j) soil research or testing as long as the soil removed or fill placed is only in an amount necessary for the research or testing;

(k) gathering for an event, if all of the following conditions are met:

(i) the farm must be located on land classified as a farm under the Assessment Act;

(ii) permanent facilities must not be constructed or erected in connection with the event;

(iii) parking for those attending the event must be available on the farm, but must not be permanent nor interfere with the farm's agricultural productivity;

(iv) no more than 150 people, excluding residents and employees of the farm, may be gathered on the farm at one time for the purpose of attending the event;

(v) the event must be of no more than 24 hours duration;

(vi) no more than 10 gatherings for an event of any type may occur on the farm within a single calendar year.

(5) Any permitted use specified in subsection (1) or (4) includes the construction, maintenance and operation of buildings, structures, driveways, ancillary services and utilities necessary for that use.

(6) Unless permitted under the Water Sustainability Act or the Environmental Management Act, any use specified in subsection (1) or (4) includes soil removal or placement of fill necessary for that use as long as the soil removal or placement of fill does not

(a) cause danger on or to adjacent land, structures or rights of way, or

(b) foul, obstruct or impede the flow of any waterway.

[am. B.C. Regs. 339/2004, s. 3; 546/2004, App. s. 1; 69/2015, s. 3; 117/2015, s. 3; 236/2015; 41/2016, s. 1; 176/2016, s. 1; 210/2016, s. 3.]

 Part 3, sections 4 and 5 BEFORE repealed by BC Reg 30/2019, effective February 22, 2019.

Part 3 — Soil Removal and Placement of Fill

Notification requirements for specified farm uses

4   (1) The removal of soil and placement of fill for the following farm uses are exempt from the requirement to file an application under section 20 of the Act if the requirements in subsections (2), (3) and (4) are met:

(a) the construction, maintenance and operation of a greenhouse on an area of land if the area occupied by the greenhouse is greater than 2% of the area of the parcel;

(b) the construction, maintenance and operation of a farm building or structure, for use in an intensive livestock operation or for mushroom production, if the area occupied by the farm building or structure is greater than 2% of the area of the parcel;

(c) the construction, maintenance and operation of an aquaculture facility if the area occupied by the aquaculture facility is greater than 2% of the area of the parcel;

(d) the construction, maintenance and operation of a composting facility for the production of Class A compost as defined in the Organic Matter Recycling Regulation, B.C. Reg. 18/2002 or compost from agricultural waste, if the area occupied by the facility is greater than 2% of the area of the parcel;

(e) a turf farm.

(2) An owner must notify the commission and the applicable local government or treaty first nation government of the owner's intent to remove soil or place fill for the uses described in subsection (1) at least 60 days before engaging in the intended use by filing with the commission a notice in a form acceptable to the commission.

(3) If the chief executive officer requests additional information on the extent and method of soil removal or placement of fill within 30 days of receipt of the notice under subsection (2), it must be provided by the owner of the land in the form of an amended notice within 30 days of receipt of the request.

(4) The owner must comply with the restrictions on the use and the terms and conditions for the conduct of that use of agricultural land ordered by the chief executive officer under section 20 (5) of the Act provided that the order is made within 30 days of a notice under subsection (2) or within 45 days of an amended notice under subsection (3).

(5) If the owner does not agree to the restrictions on the use or the terms and conditions ordered by the chief executive officer, the owner may apply to the commission for permission for a non-farm use under section 20 (3) of the Act.

[am. B.C. Reg. 339/2004, s. 4.]

Notification requirements for specified non-farm uses

5   (1) The removal of soil and placement of fill are exempt from the requirement to file an application under section 20 of the Act as long as the requirements in subsections (2), (3) and (4) are met and the removal or placement is for one or more of the following uses:

(a) aggregate extraction if the total volume of material removed is more than 500 m3;

(b) peat extraction;

(c) placer works including the exploration, development and production of placer minerals as defined in the Mineral Tenure Act;

(d) the construction, maintenance and operation of a composting facility for the production of managed organic matter.

(2) The owner must notify the commission and the applicable local government or treaty first nation government of the owner's intent to remove soil or place fill for the uses described in subsection (1) at least 60 days before engaging in the intended use by filing with the commission a notice in a form acceptable to the commission.

(3) If the chief executive officer requests additional information on the extent and method of soil removal and reclamation within 30 days of receipt of the notice under subsection (2), it must be provided in the form of an amended notice within 30 days of receipt of the request.

(4) The owner must comply with the restrictions on the use and the terms and conditions for the conduct of that use of agricultural land ordered by the chief executive officer under section 20 (5) of the Act provided that order is made within 30 days of a notice under subsection (2) or within 45 days of an amended notice under subsection (3).

(5) If the owner does not agree to the restrictions on the use or the terms and conditions ordered by the chief executive officer, the owner may apply to the commission for permission for a non-farm use under section 20 (3) of the Act.

[am. B.C. Reg. 339/2004, ss. 4 and 5.]

 Section 6 (part) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

6   Unless permitted under sections 2 and 3, 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:

 Section 6 (a) and (c) (part) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(a) widening of an existing road right of way;

(c) dedication of a right of way or construction of any of the following:

 Section 8 BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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 treaty first nation government and the commission must inform that local government or treaty first nation government of its decision.

 Section 9 BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 10 (1) (part) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(1) Despite section 18 (b) of the Act, an approving officer under the Land Title Act, the Local Government Act or the Strata Property Act or a person who exercises the powers of an approving officer under any other Act may authorize or approve a plan of subdivision without the approval of the commission if the proposed plan achieves one or more of the following:

 Section 10 (1) (c) (ii) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(ii) boundary adjustments that, in the opinion of the approving officer, will allow for the enhancement of the owner's overall farm or for the better utilization of farm buildings for farm purposes;

 Section 10 (1) (d) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 10 (2) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 12 (1) (part) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(1) An application of a local government or a treaty 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

 Section 12 (2) (b) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 12.1 BEFORE re-enacted by BC Reg 30/2019, effective February 22, 2019.

Copy of application must be sent to affected government

12.1   If a local government or a treaty 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 treaty first nation government, that different local government or treaty first nation government;

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

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

 Section 13 (1) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(1) The commission, local government or treaty 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.

 Section 13 (2) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(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 treaty 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.

 Section 14 (3) and (4) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(3) A member of the commission, local government or treaty 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 treaty 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.

 Section 14.1 was enacted by BC Reg 176/2016, effective July 11, 2016.

 Section 14.1 (1) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 14.1 (2) (a) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 14.1 (2) (c) (i) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 14.1 (4) (part) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 14.2 was enacted by BC Reg 176/2016, effective July 11, 2016.

 Section 14.2 (1) (part) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 14.2 (1) (d) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 14.2 (4) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(4) If a notice is sent by posting it on the 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.

 Section 14.3 was enacted by BC Reg 176/2016, effective July 11, 2016.

 Section 14.3 (1) (part) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 15 (1) (b) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 15 (2) (c) (part) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 16 (1) (a) to (c) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(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 treaty settlement lands within which the 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 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 land, in an agricultural land reserve, that

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

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

 Section 16 (4) (part) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 16 (4) (b) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 16.1 BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

16.1   If 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.

 Section 17 BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

17   A local government or treaty 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.

 Section 18 BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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 treaty 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.

 Section 19 (b) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(b) in the case of an exclusion application to which section 30 (4.1) of the Act applies, the treaty 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.

 Section 20 BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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 land to which the exclusion application relates may hold a public information meeting with respect to that exclusion application.

 Section 21 (1) (part) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(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 land to which an exclusion application relates must send to the commission all of the following:

 Part 8 heading BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

Part 8 — Provisions for Meetings to Determine Applications for Exclusion

 Section 22 (2) (b) and (c) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

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

 Section 22 (3) (b) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Section 24 (c) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(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 land to which the exclusion application relates, that, in the opinion of the commission, are relevant to the exclusion application.

 Section 26 (1) BEFORE repealed by BC Reg 30/2019, effective February 22, 2019.

(1) If an owner's land is not included in a land reserve plan, the owner may apply under section 17 (3) of the Act to have the land designated as part of an agricultural land reserve.

 Section 26 (2) (b) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

 Part 10 heading BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

Part 10 — Applications for Non-farm Use or Subdivision of Agricultural Land

 Section 29 (1) to (3) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(1) An owner of agricultural land who wishes to use that land for a non-farm use or who wishes to subdivide that land may apply for permission under section 20 or 21 of the Act.

(2) An application under section 20 or 21 of the Act 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 treaty first nation government.

(3) Subsections (1) and (2) do not apply to applications for transportation or utility uses filed with the commission under section 6 of this regulation.

 Section 30 BEFORE re-enacted by BC Reg 30/2019, effective February 22, 2019.

Sections 19 and 21 apply

30   Sections 19 and 21 of this regulation apply to an application for permission for a non-farm use under section 20 (3) of the Act or an application for subdivision under section 21 (2) of the Act, and, for that purpose, in sections 19 and 21 of this regulation as they apply to that application,

(a) a reference to an exclusion application must be read as a reference to the application for permission for a non-farm use or for subdivision, as the case may be, and

(b) a reference 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. 339/2004, s. 21.]

 Section 30.1 was enacted by BC Reg 30/2019, effective February 22, 2019.

 Section 31 (1) and (2) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

31   (1) If it considers it necessary or advisable, the commission may hold a meeting with respect to any application filed under section 29.

(2) A meeting to determine an application under subsection (1) may be held at a time and place designated by the commission and may be adjourned from time to time.

 Section 31.1 was enacted by BC Reg 117/2015, effective June 15, 2015.

 Section 32 (a) to (c) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

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

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

 Section 33 (1) BEFORE amended by BC Reg 71/2016, effective April 1, 2016.

(1) The prescribed application fees are as follows:

(a) for permission under section 20 or 21 of the Act for a use or subdivision of agricultural land to which section 4 does not apply, $600;

(b) for permission under section 29 or 30 of the Act for the exclusion of land from the reserve, $600;

(c) for permission under section 34 (6) of the Act for applications filed directly with the commission, $400.

 Section 33 (1.1) was added by BC Reg 71/2016, effective April 1, 2016.

 Section 33 (1), (1.1) and (2) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(1) In subsection (1.1), "application" means an application made for the purpose of seeking permission under any of the following sections of the Act:

(a) section 20 or 21, for a use or subdivision of agricultural land to which section 4 of this regulation does not apply;

(b) section 29 or 30, for the exclusion of land from the agricultural land reserve;

(c) section 34 (6), for applications filed directly with the commission.

(1.1) The prescribed application fees are as follows:

(a) $1 500, if the application is made in respect of land located entirely or partially in Zone 1;

(b) $900, if the application is made in respect of land located entirely in Zone 2.

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

(a) for exclusion under section 29 or 30 of the Act, or

(b) for use or subdivision under section 20 or 21 of the Act.

 Section 33.1 was enacted by BC Reg 71/2016, effective April 1, 2016.

 Section 33.1 (6) was added by BC Reg 30/2019, effective February 22, 2019.

 Section 33.2 was enacted by BC Reg 71/2016, effective April 1, 2016.

 Section 33.2 BEFORE repealed by BC Reg 30/2019, effective February 22, 2019.

Transition — fees

33.2   (1) The fees set out in section 33 (1.1) apply to applications received on or after April 1, 2016.

(2) The fees set out in section 33.1 (2) apply to a service described in that subsection provided on or after April 1, 2016, but only in respect of an application approved as follows:

(a) in respect of a fee described in item 1 or 2 of the table to that subsection, to applications approved on or after January 1, 2016;

(b) in respect of a fee described in any of items 3 to 5 of the table to that subsection, to applications approved

(i) on or after January 1, 2016, or

(ii) before January 1, 2016, if monitoring continues to be a condition on or after January 1, 2016.

(3) If subsection (2) (b) (ii) applies,

(a) the first payment is due on the date that is

(i) no earlier than April 1, 2016 and no later than June 1, 2016, and

(ii) set by the person responsible for carrying out the monitoring, and

(b) subsequent payments are due annually for each year or part of a year that monitoring is carried out.

[en. B.C. Reg. 71/2016, s. 2.]

 Section 34 (2) BEFORE amended by BC Reg 117/2015, effective June 15, 2015.

(2) The prescribed times for updating land reserve plans are at a time that occurs on or before January 31, April 30, July 31 and October 31 of each year.

 Section 34 (1) and (2) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

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

(2) The commission must update a land reserve plan as soon as reasonably practical after becoming aware that an agricultural land reserve boundary is not accurately represented on the plan.

 Section 37.1 was enacted by BC Reg 167/2014, effective September 5, 2014.

 Section 37.1 (6) BEFORE amended by BC Reg 117/2015, effective June 15, 2015.

(6) If the director is satisfied that a person is a resident of the panel region identified by the person, that 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.

 Section 37.1 (1) BEFORE amended by BC Reg 30/2019, effective February 22, 2019.

(1) In this section, "director" means the director of the Board Resourcing and Development Office.

 Section 37.2 was enacted by BC Reg 167/2014, effective September 5, 2014.

 Section 39 BEFORE amended by BC Reg 269/2010, effective October 4, 2010.

 Delegation to authorities

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

 Section 40 was enacted by BC Reg 117/2015, effective June 15, 2015.

 Section 41 was enacted by BC Reg 117/2015, effective June 15, 2015.

 Section 42 was enacted by BC Reg 117/2015, effective June 15, 2015.

 Section 43 was enacted by BC Reg 117/2015, effective June 15, 2015.