| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada |
Licence Disclaimer |
| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act
"agricultural land" means land so designated under this Act;
"commission" means the commission continued under this Act;
"commission land" means land acquired by the commission for the purposes of the Act;
"farm use" means an occupation or use of land for farm purposes, including husbandry of land, plants and animals and any other similar activity designated as farm use by regulation;
"land reserve plan" means a plan prepared under this Act according to the regulations and which sets out the areas that, subject to the approval of the Lieutenant Governor in Council, may be designated by the commission as an agricultural land reserve;
"reserve" means a reserve of land established under this Act.
Historical Note(s): 1973-46-1; 1977-73-2.
2. (1) The Provincial Agricultural Land Commission is continued as a corporation consisting of not less than 5 members appointed by the Lieutenant Governor in Council. The members constitute the directors.
(2) The Lieutenant Governor in Council shall designate one member as chairman and may designate another member as vice chairman.
(3) The Lieutenant Governor in Council may appoint regional advisers to the commission. The commission may designate one or more of the regional advisers to assist and advise the commission on a matter pertaining to a resource management region established by the Environment and Land Use Committee under the Environment and Land Use Act.
(4) Each member and each regional adviser shall be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in discharging his duties, and in addition may be paid the remuneration fixed by the Lieutenant Governor in Council.
Historical Note(s): 1977-73-3; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
3. The term of office of a member or adviser is during pleasure but, except for the chairman, shall not exceed 4 years for a member or 2 years for an adviser.
Historical Note(s): 1977-73-4.
4. (1) The commission is for all purposes an agent of the Crown and may in its own name acquire and dispose of property.
(2) An order of the commission may be delivered personally or by registered mail. Service by mail is deemed to be made 7 days after mailing.
Historical Note(s): 1973-46-4; 1977-73-15; 1980-49-1, effective May 17, 1980.
5. (1) There may be appointed under the Public Service Act officers and other employees necessary for the purpose of this Act. The commission may determine their duties.
(2) The Lieutenant Governor in Council may appoint, during pleasure, a general manager of the commission, fix his remuneration and declare that the Public Service Act applies to him.
(3) The Lieutenant Governor in Council may declare the Pension (Public Service) Act applicable to members of the commission and to the general manager.
(4) The commission may, with the approval of the minister, retain consultants considered advisable and fix their remuneration.
Historical Note(s): 1973-46-5.
6. The commission may pass bylaws and resolutions, not contrary to law or this Act, considered advisable for the conduct of the affairs of the commission.
Historical Note(s): 1973-46-6.
7. It is the object of the commission to
(a) preserve agricultural land;
(b) encourage the establishment and maintenance of farms, and the use of land in an agricultural land reserve compatible with agricultural purposes; and
(c) assist municipalities and regional districts in the preparation of land reserve plans required under this Act.
For these objects, the commission has power, by itself or in cooperation with Canada, any of its agencies or corporations, a ministry of the Province, a municipality or a regional district, to acquire and dispose of property.
Historical Note(s): 1977-73-5.
8. For the purposes of section 7, the commission may with the prior approval of the Lieutenant Governor in Council, designate as agricultural land, land, including Crown land, that is suitable for farm use, and on being so designated the land is established as an agricultural land reserve.
Historical Note(s): 1973-46-8(1,5); 1980-36-3, proclaimed October 2, 1980, effective May 17, 1980.
9. (1) The board of every regional district, alone or in cooperation with its member municipalities and electoral areas, shall, with the assistance of the commission if required, including financial assistance if approved by the commission, within the time allowed by the commission, adopt by bylaw a land reserve plan and file the bylaw and plan with the commission.
(2) A regional board or municipal council shall not adopt a bylaw for the purpose of this section until it has held a public hearing, notice of which has been published in the manner set out in section 957 of the Municipal Act, and a majority of all members of council or of all directors of a regional board vote for the bylaw. Section 956 of the Municipal Act applies, with the necessary changes and so far as are applicable, to the hearing.
(3) Where the commission considers it advisable to amend the plan to better carry out the intent of this Act, it may recommend amendments to the plan to the Lieutenant Governor in Council.
(4) Where the municipal council or regional board fails or refuses to prepare and file a plan with the commission, the commission shall, subject to subsections (5) and (6) and section 10 (1), prepare a land reserve plan and submit the land reserve plan to the Lieutenant Governor in Council for approval.
(5) The commission shall not submit the plan prepared under subsection (4) to the Lieutenant Governor in Council until it has held a public hearing similar to that in subsection (2).
(6) For the hearing
(a) the commission has the powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act;
(b) the commission may accept written submissions or any other form of evidence; and
(c) 3 members of the commission have and may exercise all the powers of the commission.
Historical Note(s): 1973-46-8(2,3,4,6,7,8,9); 1977-73-6; 1985-79-9; 1989-59-19.
10. (1) The Lieutenant Governor in Council may approve a land reserve plan as submitted by the commission with or without such alterations or variations as he may consider advisable to carry out the intent of this Act.
(1.1) If the commission considers that the plan referred to in subsection (1) carries out the purpose of this Act, the commission may designate the agricultural land shown on the plan as an agricultural land reserve.
(2) Pending the establishment of an agricultural land reserve in a municipality or regional district under this section, all land zoned for agricultural or farm use under a bylaw of the municipality or district passed prior to December 21, 1972, is deemed to be an agricultural land reserve unless excepted by the commission.
(3) The Lieutenant Governor in Council may, on his own, on the application of a municipality or regional district for land within its territory or on the application of the commission, approve land for addition to a designated land reserve plan, and the commission may designate the agricultural land an agricultural land reserve.
(4) For an application under subsection (3), the municipality, regional district or commission shall hold a public hearing in the manner and after the notice determined by regulation. A report of the meeting shall accompany the application.
(5) The commission may, on application of an owner of land, with the approval of the Lieutenant Governor in Council and if it considers that designation carries out the intent of this Act, designate all or part of the land described in the application as or as part of an agricultural land reserve.
Historical Note(s): 1973-46-8(10-14); 1977-73-6; 1980-36-4, proclaimed October 2, 1980, effective May 17, 1980.
11. (1) The Lieutenant Governor in Council may, on his own, on application of a municipality or regional district for land within its territory or on application of the commission, exclude land from a reserve, on the terms he considers advisable.
(2) The Lieutenant Governor in Council may, on the application of a municipality or regional district for land within its territory, or of the commission, without excluding the land from a reserve, grant permission under section 15 (2), 16, 18 or 19 (2) on any terms he considers advisable subject to compliance by the owner or occupier with the applicable Acts, regulations, bylaws of the municipality or regional district, and the decisions and orders of any person or body having jurisdiction over the land under an enactment.
(3) Before the application is made, the proposed applicant shall hold a public hearing in the manner and with the notice determined by regulation. A report of the public hearing shall accompany the application.
Historical Note(s): 1977-73-7(part); 1980-36-5, proclaimed October 2, 1980, effective May 17, 1980.
12. (1) An owner of land aggrieved by a designation of his land as reserve land may, notwithstanding an appearance before or representations to the municipality, regional district or commission under section 9, apply to the commission to have his land excluded from a land reserve.
(2) The commission may, after a hearing held in the manner and after the notice required by regulation, allow the application on the terms it considers advisable or refuse the application.
(3) The commission may in its discretion, pending or after the hearing, with the consent of the applicant, permit, on terms, a use other than a farm use.
(4) Where land was, immediately prior to December 21, 1972, zoned for agricultural or farm use under a municipal or regional district bylaw subsisting on that date, the owner may not apply to the commission under this section unless so authorized by a resolution of the municipality or regional district.
(5) The commission shall, at the owner's request, deliver to him its decision in writing, and allow him to examine, and make available to him, copies of all relevant documents in the custody of the commission.
Historical Note(s): 1977-73-7(part).
13. (1) A person who is dissatisfied with the decision of the commission on an application for exclusion, on being granted leave to appeal by any 2 members of the commission, may appeal in the prescribed manner to the Environment and Land Use Committee under the Environment and Land Use Act.
(2) Where an application is received by the commission after September 27, 1977, and a person is refused leave to appeal, the person may, not later than 30 days after the refusal, apply in the prescribed manner to the minister for leave to appeal in the prescribed manner to the Environment and Land Use Committee.
(3) The Environment and Land Use Committee may, after a hearing, allow the appeal subject to the terms it considers advisable, or dismiss the appeal and, in the event the appeal is dismissed, may order that costs of the hearing, as determined by the committee, be paid by the appellant. In the event the appeal is allowed, the committee may order that reasonable costs incurred by the appellant, as determined by the committee, be paid by the commission.
(4) The commission is entitled to be a party on the appeal.
Historical Note(s): 1977-73-7(part); 1980-49-2, effective May 17, 1980.
14. Where land is excluded from a land reserve plan by order of the Lieutenant Governor in Council, the commission or the Environment and Land Use Committee, the commission shall amend the land reserve plan accordingly and notify the appropriate municipality or regional district and registrar of titles.
Historical Note(s): 1977-73-7(part).
15. (1) This section and sections 16 to 22 apply to agricultural land designated as an agricultural land reserve.
(2) No person shall use agricultural land for any purpose other than farm use, except as permitted by this Act, the regulations or an order of the commission, on terms the commission may impose.
(3) In addition to the limitations set out in section 23 (1) of the Land Title Act, a certificate of title heretofore issued for agricultural land is subject, by implication and without endorsement on the certificate of title, to this Act and the regulations governing the reserve and farm use of the land.
(4) The registrar of titles shall endorse on every indefeasible title to agricultural land hereafter issued, that the title may be affected by this Act.
Historical Note(s): 1973-46-10(1,2); 1978-25-335; 1982-60-88, proclaimed effective August 1, 1983.
16. After December 21, 1972, except as permitted by this Act, the regulations or any terms imposed in an order of the commission,
(a) a municipality or regional district, or any authority, board or other agency established by it or person designated under the Local Area Act may not permit agricultural land to be used for other than farm use, or permit a building to be erected on the land except for farm use or for residences necessary to farm use or as permitted by regulation;
(b) an approving officer under the Land Title Act or the Municipal Act or a Board of Variance may not permit agricultural land to be used for other than farm use.
Historical Note(s): 1973-46-10; 1978-25-332.
17. (1) A covenant, whether of a negative or positive nature, in favour of the commission may, with the consent of the covenantor, be registered as a charge against the title and is enforceable against the covenantor and his successors in title, even if the covenant is not annexed to land owned by the commission.
(2) The covenant may be
(a) for the use of land, subdivision of land or the use of a building on or to be erected on land;
(b) that land is or is not to be built on; or
(c) that several parcels of land are not to be transferred separately.
(3) A charge registered under this section may be modified by the commission and the owner of the land or discharged by the commission by an instrument in writing executed under the Land Title Act.
Historical Note(s): 1977-73-8; 1978-25-332; 1980-49-3, effective May 17, 1980.
18. Except as permitted by this Act or the regulations or by an order of the commission on terms and conditions the commission may impose, a registrar of titles may not
(a) accept an application for deposit of a subdivision, reference, explanatory or other plan showing subdivision of land; or
(b) permit a new parcel of land by a metes and bounds description or an abbreviated description,
under the Land Title Act, Condominium Act or Real Estate Act, all or part of which consists of land in an agricultural land reserve.
Historical Note(s): 1977-73-8; 1978-25-332; 1980-36-6, proclaimed October 2, 1980, effective May 17, 1980; 1980-49-4, effective May 17, 1980.
19. (1) Restrictions on the use of agricultural land do not apply to land that, on December 21, 1972, was, by separate certificate of title issued under the Land Registry Act, less than 2 acres in area.
(2) The restrictions on the use of agricultural land do not apply to land lawfully used for other than a farm use, established and carried on continuously for at least 6 months immediately prior to December 21, 1972, unless and until
(a) the use is changed, other than to farm use, without the permission of the commission;
(b) an enactment made after December 21, 1972, prohibits the use; or
(c) permission for the use granted under an enactment is withdrawn or expires.
Historical Note(s): 1973-46-11(1,2).
20. (1) The commission may, under the regulations, hear applications for permission under section 15 (2), 16, 18 or 19 (2) and may grant or refuse permission and may impose the terms it considers advisable.
(2) Where land was, immediately prior to December 21, 1972, zoned for agricultural or farm use under a municipal or regional district bylaw, the owner may not apply to the commission under this section unless so authorized by a resolution of the municipality or the regional district.
Historical Note(s): 1973-46-11(4,4a); 1977-73-9; 1980-36-7, proclaimed October 2, 1980, effective May 17, 1980.
21. An owner of land, aggrieved by an order of the commission refusing permission for a use other than a farm use or imposing terms on permission for that use, may appeal, on a question of law or excess of jurisdiction only, by way of stated case to the Supreme Court. The provisions of the Offence Act for appeals by way of stated case apply, with the necessary changes and so far as are applicable, to the appeal and to any further appeal. A reference in that Act to a justice is deemed to be a reference to the commission.
Historical Note(s): 1973-46-11(5).
22. The commission may for agricultural land
(a) carry on farming operations on commission land or agree with other persons to do so;
(b) withdraw from an agricultural land reserve agricultural land owned by the commission and, with the approval of the Lieutenant Governor in Council, dispose of the land to the Crown to be dealt with under the Land Act; and
(c) dispose of agricultural land owned by the commission, with the approval of the Lieutenant Governor in Council, to private ownership for permanent farm use, or any other use considered by the commission to be in the public interest, subject to any terms the commission may impose.
Historical Note(s): 1973-46-12; 1977-73-10.
23. The commission may make capital improvements on commission land where it considers them desirable for the efficient use of its land or other land in the vicinity, and pay for or purchase capital improvements made on commission land by any person.
Historical Note(s): 1973-46-13.
24. Where commission land is unoccupied or a lease of commission land does not provide for the payment of tax by the lessee, the commission may pay to the municipality or regional district a grant in place of taxes.
Historical Note(s): 1973-46-14.
25. The commission may establish, with the approval of the Lieutenant Governor in Council, a schedule of fees to be paid to the commission for the preparation of leases and other documents, for appraisals and evaluations of land and for copies of documents of the commission.
Historical Note(s): 1973-46-15.
26. Land shall be deemed not to be taken or injuriously affected by reason of its designation as an agricultural land reserve.
Historical Note(s): 1973-46-16.
27. The minister may, for the purposes of this Act, with the approval of the Lieutenant Governor in Council, enter into agreements with Canada, a municipality, a regional district or an agent of the Crown.
Historical Note(s): 1973-46-17; 1977-75-9.
28. (1) The commission shall submit annually to the Lieutenant Governor in Council
(a) a report of its operations for the preceding fiscal year;
(b) a financial statement showing its business for that fiscal year, in the form required by the Comptroller General.
(2) The report shall be laid before the Legislative Assembly within 15 sitting days, following submission, of the session next following the end of the fiscal year, but the commission need not submit its report sooner than 90 days after the end of its fiscal year.
Historical Note(s): 1973-46-18; 1980-49-5, effective May 17, 1980.
29. (1) This Act and regulations are not subject to any other enactment, whenever enacted, except the Interpretation Act, the Environment and Land Use Act, the Waste Management Act and as provided in this Act or regulations.
(2) The Lieutenant Governor in Council may, by order, declare that a provision of the Company Act applies to the commission but otherwise the Company Act does not apply to the commission.
Historical Note(s): 1973-46-20(1,7,8); 1982-41-37, proclaimed effective September 16, 1982.
30. A minister or agent of the Crown shall not exercise a power granted under another enactment except in accordance with this Act and regulations.
Historical Note(s): 1973-46-20(1).
31. (1) Nothing in this Act or the regulations affects or impairs the validity of a municipal or regional district bylaw relating to the use of agricultural land in an agricultural land reserve except in so far as the bylaw is inconsistent with this Act, the regulations or an order of the commission. In case of an inconsistency this Act, the regulations and the order prevail and the inconsistent portion is suspended.
(2) A municipal or regional district bylaw that provides restrictions on farm use of agricultural land additional to those provided by this Act and the regulations is not, for that reason alone, inconsistent with this Act and the regulations.
Historical Note(s): 1973-46-20(4,5,6).
32. Money required for the purposes of this Act may
(a) in the absence of an appropriation, or
(b) where money appropriated is insufficient,
be paid out of the consolidated revenue fund to the commission in amounts approved by the Lieutenant Governor in Council.
Historical Note(s): 1980-36-8, proclaimed October 2, 1980, effective May 17, 1980.
33. The Lieutenant Governor in Council or the commission may require an applicant under this Act, whose application has been granted on terms, to post a bond pursuant to the Bonding Act and the regulations to ensure compliance with the terms.
Historical Note(s): 1977-73-15.
34. Where the commission believes that a present or future activity or use of land in an agricultural land reserve may contravene this Act, the regulations, an order of the commission or a condition imposed by section 4 (2) of the Golf Course Development Moratorium Act, the commission
(a) may order the owner or occupant to refrain from the activity or use for a period not exceeding 60 days, and to make written or oral submissions to the commission as it requires to determine any likely impairment of the agricultural capability of the land;
(b) may apply to the Supreme Court for an order restraining the owner or occupant from commencing or continuing the activity or use of land in contravention of this Act, the regulations, an order of the commission or a condition imposed by section 4 (2) of the Golf Course Development Moratorium Act.
Historical Note(s): 1977-73-15; 1992-8-7.
[Editorial Note(s): see section 6, Soil Conservation Act.]
35. Where after a submission and a determination that the activity, or use of land, would likely impair agricultural capability, or where no submission is made, the commission may, by order
(a) impose on the owner or occupant the terms for activity or use of the land it considers advisable; or
(b) require that the land be restored to its former condition as agricultural land, to the satisfaction of the commission; and
(c) require a bond to ensure compliance.
In case of default under paragraph (b), the commission may perform the work, and the cost is a debt due to the commission by the owner or occupant in default.
Historical Note(s): 1977-73-15.
36. Notwithstanding sections 29 and 30, where Crown land established as an agricultural land reserve under this Act has been leased by the Crown, or sold by agreement for sale by the Crown and not transferred to the purchaser before December 21, 1972, and on that date was being used for a purpose other than farm use, and not in contravention of the terms of the lease or agreement, that use may continue until termination of the lease or issue of title to the purchaser under the agreement for sale.
Historical Note(s): 1973-46-20(3).
37. The Lieutenant Governor in Council may make regulations.
Historical Note(s): 1977-73-11.
[Editorial Note(s): Act assented to April 18, 1973 and came into force on proclamation, which could have been declared to be before or after enactment. The declaration power was not exercised. 1973-46-22.]
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada