| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada |
Licence
Disclaimer |
| This is part of an archived statute consolidation that is current to February 13, 2006 and includes changes enacted and in force by that date. |
|
|||
| SECTION | EFFECTIVE DATE | ||
| 1 | July 23, 2004 | ||
| 2 | July 8, 2004 | ||
| 5 | February 13, 2004 | ||
| July 23, 2004 | |||
| October 15, 2004 | |||
| 5.1 | February 13, 2004 | ||
| October 15, 2004 | |||
| 8 | December 1, 2003 | ||
| 12 | March 29, 2004 | ||
| 13 | July 23, 2004 | ||
| 17 | July 23, 2004 | ||
| 18 | July 23, 2004 | ||
| 20 | October 23, 2003 | ||
| 25 | July 23, 2004 | ||
| 26 | July 23, 2004 | ||
| 27 | July 23, 2004 | ||
| 29 | July 23, 2004 | ||
| 30 | July 23, 2004 | ||
| 31 | July 23, 2004 | ||
| 32 | July 23, 2004 | ||
| 33 | July 23, 2004 | ||
| 34 | October 23, 2003 | ||
| July 23, 2004 | |||
| 35 | July 23, 2004 | ||
| 36 | July 23, 2004 | ||
| 38 | July 23, 2004 | ||
| 40 | July 23, 2004 | ||
| 46 | July 23, 2004 | ||
| 48 | July 23, 2004 | ||
| 55 | October 15, 2004 | ||
| 55.1 | October 15, 2004 | ||
| 55.2 | October 15, 2004 | ||
| 56 | October 23, 2003 | ||
| July 23, 2004 | |||
| 58 | July 23, 2004 | ||
Section 1 by renumbering as
1(1) amended by 2004-32-1(a)
effective
Section 1(1) by adding definitions of "agreement in
principle", "enactment of the Province or Canada", "first nation government",
"law", "notice to suspend negotiations", "person", "proposed treaty settlement
lands" and "treaty settlement lands", amended by 2004-32-1(b)
effective
Section 1 definition of '"owner" or "owner of land"' BEFORE amended by 2004-32-1(c)
effective
"owner" or "owner of land" means the person registered in the records of the land title office as the fee simple owner of the land and includes the government as an owner of land even if the land does not have a record of title in the land title office;
Section 1(2) and (3) added by 2004-32-1(d)
effective
Section 2(1) BEFORE amended by 2003-53-142
effective
(1) This Act and the regulations are not subject to any other enactment, whenever enacted, except the Interpretation Act, the Environment and Land Use Act and the Waste Management Act and as provided in this Act.
Section 5(2), (3) and (5) BEFORE amended by 2003-47-12
effective
(2) The Lieutenant Governor in Council must
(a) appoint the chair and one or more vice chairs of the commission and establish the terms of their appointments, and
(b) set the remuneration of the chair and vice chairs of the commission.
(3) The minister may appoint the members of the commission other than the chair and vice chairs, establish the terms of their appointments and set their remuneration.
(5) A member of the board of directors must be reimbursed in accordance with the directives of Treasury Board for reasonable travelling and out of pocket expenses necessarily incurred in discharging the member's duties.
Section 5(1) BEFORE amended by 2004-32-2
effective
(1) The commission consists of at least 7 individuals appointed under this section who are knowledgeable in matters relating to agriculture, land use planning or local government.
Section 5(6) was added by 2004-45-63 effective
Section 5.1 was added by
2003-47-13
effective
Section 5.1 BEFORE re-enacted by 2004-45-64
effective
5.1 The Administrative Tribunals Appointment and Administration Act applies to the commission.
Section 8(4) BEFORE
amended
by 2003-88-15 effective
(4) The Public Service Act and the Public Service Labour Relations Act apply to the commission and its officers and employees other than the chief executive officer, except that the references to the commissioner and a deputy minister in section 22 of the Public Service Act are to be read as references to the chief executive officer.
Section 12(3) and (4) BEFORE amended by 2003-70-96
effective
(3) Subject to subsection (4), the Company Act and the Company Clauses Act do not apply to the commission.
(4) The Lieutenant Governor in Council, by order, may declare that specified provisions of the Company Act apply to the commission.
Section 13(1)(e) was added by 2004-32-3(a)
effective
Section 13(2) and (3) BEFORE amended by 2004-32-3(b)
effective
(2) If a dispute arises on a community issue, the commission and the local government may agree to attempt to resolve the dispute by a method of facilitated dispute resolution.
(3) If an agreement is made under subsection (2), the commission and the local government may appoint a facilitator.
Section 17(1) BEFORE amended by 2004-32-4(a)
effective
(1) On the commission's own initiative in respect of land identified by the commission or on application by a local government for land within the local government's jurisdiction, the commission may approve all or part of the identified land or the land described in the application for addition to a designated land reserve plan if the commission considers that the designation carries out the intent of this Act.
Section 17(2) BEFORE amended by 2004-32-4(b)
effective
(2) For a matter under subsection (1), the local government that makes the application or the commission, if acting on the commission's own initiative, must hold a public hearing in the manner and after the notice required by regulation.
Sections 17(4) and (5) were added by 2004-32-4(c)
effective
Section 18(a) BEFORE amended by 2004-32-5
effective
(a) a local government, or an authority, a board or another agency established by it or a person or an agency that enters into an agreement under the Local Services Act may not
Section 20(5)(b) BEFORE
amended
by 2003-66-1 effective
(b) if the owner of the land does not agree to the terms and conditions specified by the chief executive officer, order one or both of the following:
(i) that an application to the commission under section 25 (1) is required for permission to engage in the use;
(ii) that the owner cease or not engage in the use until the application is determined.
Section 25(3) BEFORE amended by 2004-32-6(a)
effective
(3) An application under this section may not proceed unless authorized by a resolution of the local government if, on the date the application is made, the application
Section 25(3.1) was added by 2004-32-6(b)
effective
Section 25(4) BEFORE amended by 2004-32-6(c)
effective
(4) In deciding an application under this section, the commission may meet with the applicant or may make a decision on the basis of written representations only.
Section 25(4.1) and (4.2) were added by 2004-32-6(d)
effective
Section 26(1) BEFORE amended by 2004-32-7(a)
effective
(1) The commission may enter into an agreement with any of the following to enable a local government or an authority to exercise some or all of the commission's power to decide applications for non-farm use or subdivision with respect to lands within the jurisdiction of the local government or authority:
Section 26(1)(c) was added by 2004-32-7(b)
effective
Section 26(3) BEFORE amended by 2004-32-7(c)
effective
(3) If an agreement is entered into under subsection (1), the local government or authority must, with respect to an application covered by the agreement,
Section 26(4) BEFORE amended by 2004-32-7(d)
effective
(4) A decision made by a local government or authority under this section must be made by resolution of the local government or the governing body of the authority.
Section 26(5) BEFORE amended by 2004-32-7(e)
effective
(5) If the commission delegates its power to decide applications under section 25 to a local government or an authority by an agreement entered into under this section, the decision of the local government or authority is a decision of the commission for the purposes of this Act.
Section 26(6) BEFORE amended by 2004-32-7(f)
effective
(6) If an authority has the power to decide an application under an agreement entered into under subsection (1), an application that would otherwise be required to be submitted to the local government under section 34 (3) must be made directly to the authority.
Section 26(7) BEFORE amended by 2004-32-7(g)
effective
(7) If a local government or an authority has the power to decide an application under an agreement entered into under subsection (1),
Section 26(7)(a) BEFORE amended by 2004-32-7(h)
effective
(a) the local government or authority may retain the entire fee payable under section 34 with respect to the application, and
Section 26(8) was added by 2004-32-7(i)
effective
Section 27(6) BEFORE amended by 2004-32-8
effective
(6) The chief executive officer may not exercise a power that has been delegated to a local government or an authority by an agreement entered into under section 26.
Section 29(1) BEFORE amended by 2004-32-9(a)
effective
(1) On the commission's own initiative or on application by a local government for land within the local government's jurisdiction, the commission may
Section 29(2) BEFORE amended by 2004-32-9(b)
effective
(2) The local government, before the application is made, or the commission, if acting on its own initiative, must hold a public hearing in the manner and with the notice required by regulation.
Section 30(4) BEFORE amended by 2004-32-10(a)
effective
(4) An application under this section may not proceed unless authorized by a resolution of the local government if, on the date the application is made, the application
Section 30(4.1), (5.1) and (5.2) were added by 2004-32-10(b)
effective
Section 31 BEFORE amended by 2004-32-11
effective
31 It is a condition of permission granted under section 25 (1) (b) or (c), 29 (1) or 30 (2) (b) or (c) that the owner or occupier must comply with the applicable Acts, regulations, bylaws of the local government, and decisions and orders of any person or body having jurisdiction over the land under an enactment.
Section 32 BEFORE amended by 2004-32-12
effective
32 If land is excluded under this Act from a land reserve plan, the commission must amend the land reserve plan and notify the appropriate local government and registrar of titles.
Section 33(3) BEFORE amended by 2004-32-13
effective
(3) If a local government or an authority makes a decision in a matter delegated to it under an agreement entered into under section 26 (1), subsections (1) and (2) of this section apply as if the local government or authority were the commission.
Section 34(1) BEFORE amended
by 2003-66-2 effective
(1) In this section and in sections 35 and 36, "application" means an application for inclusion under section 17, for exclusion under section 29 or 30, or for a non-farm use or subdivision under section 25 (1).
Section 34(2) BEFORE amended by 2004-32-14(a)
effective
(2) A local government that makes an application to the commission under section 29 must pay the prescribed application fee.
Section 34(3)(d) was added by 2004-32-14(b)
effective
Section 34(3.1) was added by 2004-32-14(c)
effective
Section 34(4) BEFORE amended by 2004-32-14(d)
effective
(4) A local government that receives an application under subsection (3) must
Section 34(4)(b) BEFORE amended by 2004-32-14(e)
effective
(b) subject to subsection (5), forward to the commission the application together with the local government's comments and recommendations concerning the application.
Section 34(5) BEFORE amended by 2004-32-14(f)
effective
(5) In respect of an application or proposed application to which section 25 (3) or 30 (4) applies, the requirement in subsection (4) (b) of this section to forward the application to the commission does not apply if the local government's authorization, required by section 25 (3) or 30 (4), is refused.
Section 34(7) BEFORE amended by 2004-32-14(g)
effective
(7) In respect of an application to the commission referred to in subsection (6), the commission may request comments and information from the local government for the area in which the land described in the application is located.
Section 35(1) BEFORE amended by 2004-32-15(a)
effective
(1) A local government that receives application fees under section 34
Section 35(2) BEFORE amended by 2004-32-15(b)
effective
(2) Despite subsection (1), if section 25 (3) or 30 (4) applies to an application or a proposed application and the local government's authorization required by section 25 (3) or 30 (4) is refused, the portion of the application fee that would otherwise be remitted to the commission under subsection (1) (b) must be returned to the applicant by the local government.
Section 35(3) BEFORE amended by 2004-32-15(c)
effective
(3) Subject to the approval of the commission, if the designated local government officer considers that a case of hardship exists, the officer may waive the application fee payable under section 34 (3).
Section 35(5) BEFORE amended by 2004-32-15(d)
effective
(5) If, under section 34 (7), the commission requests comments or information from a local government, the commission may pay a prescribed portion of the application fee to the local government.
Section 36(1) BEFORE amended by 2004-32-16
effective
(1) A person who makes an application under section 34 must, in the prescribed circumstances,
Section 38 BEFORE amended by 2004-32-17
effective
38 For the purposes of this Act, the commission may enter into agreements with the government, a local government, Canada or an authority.
Section 40(4) BEFORE amended by 2004-32-18
effective
(4) The Lieutenant Governor in Council may make an order under subsection (1) on the Lieutenant Governor in Council's own initiative or at the request of a local government or the commission.
Section 46(1)(c) was added by 2004-32-19(a)
effective
Section 46(2) BEFORE amended by 2004-32-19(b)
effective
(2) A local government must ensure that its bylaws are consistent with this Act, the regulations and the orders of the commission.
Section 46(3), (4) and (6) BEFORE amended by 2004-32-19(c)
effective
(3) Subject to subsection (4), nothing in this Act affects or impairs the validity of a bylaw relating to the use of agricultural land in an agricultural land reserve.
(4) A bylaw that is inconsistent with this Act, the regulations or an order of the commission has, to the extent of the inconsistency, no force or effect.
(6) A 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.
Section 46(5) BEFORE amended by 2004-32-19(d)
effective
(5) Without limiting subsection (4), a bylaw is deemed to be inconsistent with this Act if it
(a) allows a use of land in an agricultural land reserve that is not permitted by this Act, the regulations or an order of the commission, or
(b) contemplates a use of land that would impair or impede the intent of this Act, the regulations or an order of the commission, whether or not that use requires the adoption of any further bylaw, the giving of any consent or approval or the making of any order.
Section 46(7) BEFORE amended by 2004-32-19(e)
effective
(7) This section applies only to bylaws made after August 26, 1994.
Section 48 BEFORE amended by 2004-32-20
effective
48 The Lieutenant Governor in Council, the commission, a local government or an authority may require that an applicant under this Act whose application has been approved on terms, in order to ensure compliance with the terms, post security in the form of insurance, a bond or another prescribed form of security.
Section 55(1) BEFORE amended by 2004-45-65
effective
(1) A person who is the subject of a determination, a decision or an order under section 50, 52 or 54 (1) may appeal the determination, decision, order or penalty to the commission by serving the commission with a notice of appeal in a form, and containing the information, prescribed by the commission.
Section 55(4) BEFORE repealed by 2004-45-65
effective
(4) Unless the commission orders otherwise, an appeal under this section does not operate to stay or suspend the operation of the determination, decision, order or penalty under appeal.
Section 55(5) was added by 2004-45-65 effective
Section 55.1 was added by 2004-45-66
effective
Section 55.2 was added by 2004-45-66
effective
Section 56(1) BEFORE amended
by 2003-66-3 effective
(1) If, under an agreement under section 26, a local government or an authority acts in the place of the commission, sections 49, 50 and 52 to 55 apply to
(a) the local government or authority, and
(b) a person designated by the local government or authority to exercise the powers under those sections.
Section 56(1) BEFORE amended by 2004-32-21(a)
effective
(1) If, under an agreement under section 26, a local government or an authority acts in the place of the commission, sections 49 to 55 apply to
Section 56(1)(a) and (b) BEFORE amended by 2004-32-21(b)
effective
(a) the local government or authority, and
(b) a person designated by the local government or authority to exercise the powers under those sections.
Section 56(2) BEFORE amended by 2004-32-21(c)
effective
(2) Despite section 43 of the Provincial Court Act, if a local government imposes a penalty under section 54 of this Act, the penalty is payable to and may be retained by the local government.
Section 58(2)(b) BEFORE amended by 2004-32-22(a)
effective
(b) prescribing permitted uses and permitted types of subdivision for agricultural land, and specifying permitted uses that may or may not be prohibited by a local government enactment;
Section 58(2)(g) BEFORE amended by 2004-32-22(b)
effective
(g) respecting the manner of holding hearings and meetings and prescribing notice requirements for applications, hearings and other matters;
Section 58(2)(h) BEFORE amended by 2004-32-22(c)
effective
(h) specifying non-farm uses that a local government, an authority, a board or another agency may permit on agricultural land for the purposes of section 18 (a);
Section 58(2)(m) and (o) BEFORE amended by 2004-32-22(d)
effective
(m) respecting the manner in which a local government is required for the purposes of section 34 (4) to
(o) prescribing the portion of the application fee to be retained for the purposes of section 35 (1) (a), specifying the prescribed times for the purposes of section 35 (1) (b) or prescribing the portion to be paid to the local government for the purposes of section 35 (5);
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada