Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
B.C. Reg. 57/2020
O.C. 131/2020
Deposited March 12, 2020
effective March 12, 2020
except part of section 1 and
sections 2 to 23, 34 and 35
effective September 30, 2020
This consolidation is current to September 15, 2020.
See the Cumulative B.C. Regulations Bulletin 2020
for amendments effective after September 15, 2020.
Link to consolidated regulation (PDF)

Agricultural Land Commission Act

Agricultural Land Reserve
General Regulation

[Last amended June 26, 2020 by B.C. Reg. 149/2020]

Contents
Part 1 — Interpretation
1Definitions
2Not in force
Part 2
3-5Not in force
Part 3
Division 1
6Not in force
7-12Not in force
Division 2
13-15Not in force
Division 3
16-19Not in force
Division 4
20-21Not in force
Division 5
22Not in force
Division 5
23Not in force
Part 4 — General
Division 1 — Commission Members and Duties
24Definition
25Residency information
26Determining residency in administrative region
27Mapping of agricultural land reserve boundaries
28Reports to minister
29Publishing reports
Division 2 — Enforcement
30Penalties for contraventions
31Notice of action
32Giving a notice of action
Division 3 — Other Matters
33Service and receipt of notice and records generally
34Not in force
35Not in force
36Delegation to oil and gas commission

Part 1 — Interpretation

Definitions

1   In this regulation:

"Act" means the Agricultural Land Commission Act;

[Additional definitions not in force.]

Not in force

2   [Not in force.]

Part 2

Not in force

3-5   [Not in force.]

Part 3

Division 1

Not in force

6   [Not in force.]

[am. B.C. Reg. 149/2020, Sch. 1, s. 1.]

Not in force

7-12   [Not in force.]

Division 2

Not in force

13-15   [Not in force.]

Division 3

Not in force

16-19   [Not in force.]

Division 4

Not in force

20-21   [Not in force.]

Division 5

Not in force

22   [Not in force.]

Division 5

Not in force

23   [Not in force.]

[am. B.C. Reg. 149/2020, Sch. 1, s. 2.]

Part 4 — General

Division 1 — Commission Members and Duties

Definition

24   In sections 25 [residency information] and 26 [determining residency in administrative region], "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.

Residency information

25   (1) A person is a resident of an administrative region if the person

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

(b) resides in the administrative region, and

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

(2) A person seeking to be appointed as a member of the commission must do all of the following:

(a) identify to the director, in writing,

(i) the administrative region of which the person is a resident, and

(ii) either the regional district in which the person is a resident or, if the person resides in the area referred to in section 4 (b) of the Schedule to the Act, that area;

(b) provide supporting evidence for the purpose of subsection (1).

(3) The director may request additional supporting evidence to that provided under subsection (2) (b).

Determining residency in administrative region

26   (1) If the director is satisfied that a person seeking to be appointed as a member of the commission is a resident of the administrative region identified by the person under section 25 (2) (a) (i) [residency information], the director must provide confirmation of that fact and the information provided under that section to

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

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

(2) Confirmation by the director that a person is a resident of an administrative region must be in writing and is final and binding.

Mapping of agricultural land reserve boundaries

27   The commission must ensure that

(a) the agricultural land reserve boundary is represented on maps using technology, standards and security procedures the commission considers appropriate, and

(b) a map referred to in paragraph (a) is updated as soon as reasonably practicable after becoming aware that the agricultural land reserve boundary is not accurately represented on the map.

Reports to minister

28   The commission must submit to the minister reports as follows:

(a) before June 30 of each year, an annual report that includes information respecting the financial operation of the commission and 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;

(b) on request of the minister, a report that includes the following information with respect to the period specified by the minister:

(i) information specified by the minister respecting the administration of the Act by the commission and the expenditure of the budget allocated to the commission;

(ii) information respecting expenditures in relation to specific budget allocations.

Publishing reports

29   (1) Subject to subsection (2) of this section, the commission must publish on a website maintained by or on behalf of the commission a report submitted under

(a) section 44 [report and recommendations respecting matters referred to the board] of the Act, and

(b) section 28 [reports to minister] of this regulation, 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.

Division 2 — Enforcement

Penalties for contraventions

30   (1) The chief executive officer must consider all of the following before levying a penalty against a person for contravening the Act, the regulations or an order of the commission:

(a) the gravity and magnitude of the contravention;

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

(c) whether there has been any contravention of a similar nature by the person;

(d) whether the person derived an economic benefit 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 agricultural land or its suitability for farming.

(2) The maximum penalty which the chief executive officer may levy is as follows:

(a) for any single contravention, $100 000;

(b) for a subsequent contravention, double the amount of the penalty levied for the first contravention.

Notice of action

31   (1) In this section, "action" means a determination or an order made, or a penalty levied, under section 50 [stop work order], 52 [determinations and remediation orders] or 54 (1) [penalties levied by chief executive officer] of the Act.

(2) An official who takes an action must give notice of the action to the person against whom it is taken.

(3) If the chief executive officer levies a penalty against a person for contravening the Act, the regulations or an order of the commission, the chief executive officer must set out all of the following in the notice:

(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 person's right to appeal the penalty.

Giving a notice of action

32   (1) An official who is required to give notice under section 31 (2) [notice of action] must give the notice by one or more of the following means:

(a) personally;

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

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

(d) by posting the notice at a conspicuous location on the agricultural land that is the subject of the notice.

(2) Notice is deemed to have been received by the person who is the subject of the notice as follows:

(a) if sent in accordance with subsection (1) (b), on the 14th day after deposit with Canada Post unless the person actually received the notice before that day;

(b) if sent in accordance with subsection (1) (c), as follows:

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

(ii) despite subparagraph (i), no later than 96 hours after the notice was sent.

Division 3 — Other Matters

Service and receipt of notice and records generally

33   Except as otherwise set out in this regulation,

(a) if the commission is required to give a notice under the Act, the commission may determine the form and manner of giving the notice, and

(b) if a person other than the commission is required to give a notice under the Act, the person must do so in a form and manner acceptable to the commission.

Not in force

34   [Not in force.]

[am. B.C. Reg. 149/2020, Sch. 1, s. 3.]

Not in force

35   [Not in force.]

Delegation to oil and gas commission

36   The commissioner appointed under the Oil and Gas Activities Act is prescribed as a public officer for the purposes of section 26 (1) (b) [delegation of powers respecting applications] of the Agricultural Land Commission Act.

[Provisions relevant to the enactment of this regulation: Agricultural Land Commission Act, S.B.C. 2002, c. 36, ss. 5.1 and 58.]