Section 1 definition of "controlled environment structure" was added by BC Reg 36/2022, effective August 31, 2022.
Section 5 (1) (part) BEFORE amended by BC Reg 36/2022, effective August 31, 2022.
(1) Subject to any limits and conditions set out in this Part, the use of agricultural land to construct, maintain or operate any of the following is designated as a farm use and may not be prohibited as described in section 4:
Section 32 BEFORE re-enacted by BC Reg 147/2019, effective July 4, 2019.
Additional residences
32 The use of agricultural land for an additional residence is permitted if all of the following conditions are met:
(a) there is one additional residence only;
(b) the residence is a pre-existing residential structure, constructed in accordance with all applicable enactments;
(c) on the date this section comes into force, the size, siting and use of the residence complies with section 3 (1) (b) (ii) or (b.1) (ii) or (iii) of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation, as it read immediately before this section came into force;
(d) the size and siting of the residence is not altered after the date this section comes into force unless
(i) permitted under section 25 or 45 of the Act, or
(ii) the size of the manufactured home or the total area occupied by all residences and other residential structures, roads and service lines, and all agricultural land between them, as applicable, is not increased by the alteration.
Section 32 (3) (c) and (d) BEFORE amended by BC Reg 11/2020, effective January 28, 2020.
(c) all required authorizations to locate the manufactured home on the agricultural land are granted before February 22, 2020, and
(d) the size and siting of the manufactured home is not altered after February 22, 2020, unless permitted under section 25 or 45 of the Act.
Section 32 (3) (c) and (d) BEFORE amended by BC Reg 225/2020, effective September 4, 2020.
(c) all required authorizations to locate the manufactured home on the agricultural land are granted before December 31, 2020, and
(d) the size and siting of the manufactured home is not altered after December 31, 2020, unless permitted under section 25 or 45 of the Act.
Section 32 (3) (c) and (d) BEFORE amended by BC Reg 114/2021, effective April 26, 2021.
(c) all required authorizations to locate the manufactured home on the agricultural land are granted before July 31, 2021, and
(d) the size and siting of the manufactured home is not altered after July 31, 2021, unless permitted under section 25 or 45 of the Act.
Section 32 BEFORE repealed by BC Reg 190/2021, effective December 31, 2021.
Additional residence
32 (1) The use of agricultural land for an additional residence is permitted if the additional residence meets all of the conditions set out in subsection (2) or (3), as applicable.
(2) An additional residence that is a pre-existing residential structure is permitted if
(a) the residence is constructed in accordance with all applicable enactments,
(b) on February 22, 2019, the size, siting and use of the residence complied with section 3 (1) (b) (ii) or (b.1) (ii) or (iii) of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation, as it read on February 21, 2019, and
(c) the size and siting of the residence is not altered after February 22, 2019 unless
(i) permitted under section 25 or 45 of the Act, or
(ii) the alteration does not increase
(A) the size of the manufactured home, if the residence is a manufactured home, or
(B) the total area occupied by all residences and other residential structures, roads and service lines, and all agricultural land between them, if the residence is not a manufactured home.
(3) An additional residence that is a manufactured home and that is not a pre-existing residential structure is permitted if
(a) the manufactured home is 9 m or less in width,
(b) the manufactured home is used only by the owner or any of the following persons who are related within the meaning of subsection (4):
(i) a person who is the owner's
(A) parent, grandparent or great grandparent,
(C) child, grandchild or great grandchild;
(ii) the owner's spouse, or a person who is a parent of the owner's spouse,
(c) all required authorizations to locate the manufactured home on the agricultural land are granted before December 31, 2021, and
(d) the size and siting of the manufactured home is not altered after December 31, 2021, unless permitted under section 25 or 45 of the Act.
(4) For the purposes of subsection (3) (b), a person is related to an owner or the owner's spouse whether the relationship is by blood, marriage or a marriage-like relationship within the meaning of section 3 of the Family Law Act.
[en. B.C. Reg. 147/2019; am. B.C. Regs. 11/2020; 225/2020; 114/2021.]
Part 4, Division 2, sections 34.1 to 34.3 were enacted by BC Reg 190/2021, effective December 31, 2021.
Section 35 (d) BEFORE amended by BC Reg 149/2020, effective September 30, 2020.
(d) maintaining an existing farm road, if the total annual volume of soil removed or fill placed is 50 m3 or less;
Section 36 was renumbered as 36 (1) by BC Reg 149/2020, effective September 30, 2020.
Section 36 (1) (part) BEFORE amended by BC Reg 149/2020, effective September 30, 2020.
(1) The following must not be used as fill on agricultural land:
Section 36 (2) and (3) were added by BC Reg 149/2020, effective September 30, 2020.