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"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
Section 1 May 7, 2015
June 15, 2015
August 2, 2016
August 2, 2016
August 2, 2016
Section 2 May 7, 2015
June 15, 2015
June 15, 2015
June 15, 2015
February 29, 2016
August 2, 2016
August 2, 2016
August 2, 2016
August 2, 2016
January 23, 2017
January 23, 2017
January 23, 2017
Section 3 May 7, 2015
June 15, 2015
June 15, 2015
December 16, 2015
February 29, 2016
July 11, 2016
August 2, 2016
August 2, 2016
Section 14.1 July 11, 2016
Section 14.2 July 11, 2016
Section 14.3 July 11, 2016
Section 31.1 June 15, 2015
Section 33 April 1, 2016
Section 33.1 and 33.2 April 1, 2016
Section 34 June 15, 2015
Section 37.1 September 5, 2014
June 15, 2015
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

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 Section 2(1) and (2)(b) BEFORE repealed by BC Reg 115/2015 effective June 15, 2015.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

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

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

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

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

 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.

 Sections 33.1 and 33.2 were enacted by BC Reg 71/2016 effective April 1, 2016.

 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 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 37.2 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.