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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to May 14, 2001]
| Contents | ||
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Section |
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| 8-9 | ||
Delegation of section 22 powers to municipalities and regional districts |
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Chief executive officer may approve specified section 22 applications |
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| 43.1 | Report and recommendations | |
| 48 | ||
1 In this Act:
"agricultural land" means land so designated under this Act;
"approving officer" means an approving officer as defined in the Land Title Act;
"chief executive officer" means the chief executive officer of the commission appointed under section 5 (1) of the Land Reserve Commission Act;
"commission" means the Land Reserve Commission established under section 2 of the Land Reserve Commission Act;
"commission land" means land acquired by the commission for the purposes of this Act;
"farm use" means an occupation or use of land for farm purposes, including farming 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.
2 [Repealed 1999-14-12.]
3 (1) Subject to subsection (2), a member of the commission, after being appointed, may take up and carry on to completion all proceedings commenced under this Act but not completed before the member's appointment.
(2) A member of the commission who was not present at the hearing of an application or other matter under this Act may vote on the application or matter only if a record of the hearing is given to the member before the vote.
4 and 5 [Repealed 1999-14-13.]
6 The commission may acquire and dispose of property in its own name.
7 (1) An order of the commission under this Act may be delivered personally or by registered mail.
(2) For the purposes of this Act, service by mail is deemed to be made 7 days after mailing.
8 and 9 [Repealed 1999-14-15.]
10 (1) It is the object of the commission under this Act 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,
(c) assist municipalities and regional districts in the preparation of land reserve plans required under this Act, and
(d) encourage municipalities, regional districts, first nations and ministers, ministries and agents of the governments of British Columbia and Canada to support and accommodate farm use of agricultural land in their bylaws, plans and policies.
(2) The commission has the power, by itself or in cooperation with the entities referred to in subsection (1) (d), to acquire and dispose of property.
11 For the purposes of section 10, 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 designated the land is established as an agricultural land reserve.
12 (1) The board of every regional district, alone or in cooperation with its member municipalities and electoral areas, must, 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 must 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 892 of the Local Government Act, and a majority of all members of council or of all directors of a regional board vote for the bylaw.
(3) Sections 890 and 891 of the Local Government Act apply to the hearing referred to in subsection (2).
(4) If 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.
(5) If the municipal council or regional board fails or refuses to prepare and file a plan with the commission, the commission must prepare a land reserve plan and submit the land reserve plan to the Lieutenant Governor in Council for approval.
(6) The commission must not submit the plan prepared under subsection (5) to the Lieutenant Governor in Council until it has held a public hearing similar to that in subsection (2).
(7) 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.
13 (1) The Lieutenant Governor in Council may approve a land reserve plan as submitted by the commission and may alter or vary the plan.
(2) 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.
(3) Until 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 before December 21, 1972, is deemed to be an agricultural land reserve unless excepted by the commission.
(4) On application by a municipality or regional district for land within the municipality's or regional district's territory, or on the commission's own initiative, the commission may
(a) approve all or part of the land described in the application for addition to a designated land reserve plan, and
(b) designate all or part of the land described in the application as or as part of an agricultural land reserve.
(5) For an application under subsection (4), the municipality, regional district or commission, if acting on the commission's own initiative, must hold a public hearing in the manner and after the notice determined by regulation, and a report of the meeting must accompany the application.
(6) On application by an owner of land the commission may designate all or part of the land described in the application as or as part of an agricultural land reserve if the commission considers that the designation carries out the intent of this Act.
(7) The applications referred to in subsections (4) and (6) must be made in accordance with section 33.
14 (1) On application by a municipality or regional district for land within the municipality's or regional district's territory, or on the commission's own initiative, the commission may exclude land from a reserve, on the terms it considers advisable.
(2) On application by a municipality or regional district for land within the municipality's or regional district's territory, or on the commission's own initiative, the commission, without excluding the land from a reserve, may grant permission under section 17 (3), 18, 20 or 21 (2) in respect of the land that is the subject of the application, on any terms the commission considers advisable.
(3) It is a condition of permission granted under subsection (2) that the owner or occupier must comply 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.
(4) Before the application is made, the proposed applicant, or the commission if acting on its own initiative, must hold a public hearing in the manner and with the notice determined by regulation.
(5) A report of the public hearing must accompany the application.
(6) The applications referred to in subsections (1) and (2) must be made in accordance with section 33.
15 (1) Despite an appearance before or representations to the municipality, regional district or commission under section 12, an owner of land aggrieved by a designation of the owner's land as reserve land may apply to the commission in accordance with section 33 to have the land excluded from a land reserve.
(2) After a hearing held in the manner and after the notice required by regulation, the commission may allow the application on the terms it considers advisable or refuse the application.
(3) Pending or after the hearing, with the consent of the applicant, the commission may permit, on terms, a use other than a farm use.
(4) If an application under this section
(a) applies to land that is zoned to permit agricultural or farm use in a bylaw, or
(b) requires, in order to proceed, an amendment to an official settlement plan, official community plan, official development plan or zoning bylaw,
of a municipality or regional district adopted under the Local Government Act or the Vancouver Charter that is in force on the day that the application is made, the application may not proceed under this section unless so authorized by a resolution of the municipality or the regional district.
(5) At the owner's request, the commission must
(a) deliver its decision in writing to the owner, and
(b) allow the owner to examine, and make available to the owner, copies of all relevant documents in the custody of the commission.
16 On land being excluded under this Act from a land reserve plan, the commission must amend the land reserve plan and notify the appropriate municipality, regional district and registrar of titles.
17 (1) Subject to subsection (2), this section and sections 18 to 28 apply to agricultural land designated as an agricultural land reserve.
(2) For greater certainty, if the boundary of an agricultural land reserve divides a parcel of land, this section and sections 18 to 28 apply only to that portion of the parcel that is designated as an agricultural land reserve.
(3) A person must not use agricultural land for a 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.
(4) In addition to the limitations set out in section 23 (2) of the Land Title Act, a certificate of title issued before June 29, 1973 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.
(5) The registrar of titles must endorse on every indefeasible title to agricultural land issued after June 29, 1973, that the title may be affected by this Act.
18 (1) After December 21, 1972, except as permitted by this Act, the regulations or terms imposed in an order of the commission, the following rules apply:
(a) a municipality or regional district, or an authority, board or other agency established by it or person designated under the Local Services 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 may not approve a subdivision of agricultural land under the Land Title Act, the Strata Property Act or the Local Government Act;
(c) a board of variance may not permit agricultural land to be used for other than farm use under the Local Government Act.
(2) Subsection (1) (b) applies to any person who exercises the authority of an approving officer under any other Act.
19 (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 the covenantor's 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.
20 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, Strata Property Act or Real Estate Act, all or part of which consists of land in an agricultural land reserve.
21 (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, R.S.B.C. 1960, c. 208. 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 before 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.
(3) For greater certainty, the exception in subsection (2) applies only to the land that was actually being used for other than a farm use and not to the entire parcel on which that use was being carried on.
22 (1) Under the regulations, the commission may
(a) decide applications made in accordance with section 33 for permission under section 17 (3), 18, 20 or 21 (2),
(b) may grant or refuse permission, and
(c) may impose the terms it considers advisable.
(2) If an application under this section
(a) applies to land that is zoned to permit agricultural or farm use in a bylaw, or
(b) requires, in order to proceed, an amendment to an official settlement plan, official community plan, official development plan or zoning bylaw,
of a municipality or regional district adopted under the Local Government Act or the Vancouver Charter that is in force on the day that the application is made, the application may not proceed under this section unless so authorized by a resolution of the municipality or the regional district.
(3) In deciding an application under this section, the commission may, under the regulations, hold a hearing or may make a decision on the basis of written representations only.
23 (1) The commission may enter into an agreement with a municipality or regional district to enable the municipality or regional district to exercise some or all of the commission's power to decide applications under section 22 with respect to lands within the municipality or regional district.
(2) If an agreement is entered into under subsection (1), the municipality or regional district must, with respect to an application covered by the agreement,
(a) consider each application in the prescribed manner, and
(b) advise the commission in the prescribed manner of each application received and the decision made on each application.
(3) A decision made by a municipality or regional district under this section must be made by resolution of the council or board, as the case may be.
(4) The Lieutenant Governor in Council may make regulations respecting the terms of agreements entered into under this section.
(5) If the commission's power to decide applications under section 22 is delegated to a municipality or regional district by an agreement entered into under this section, the decision of the municipality or regional district is a decision of the commission for the purposes of this Act.
(6) If a municipality or regional district has the power to decide an application under an agreement entered into under subsection (1)
(a) an application that would be required to be submitted to the municipality or regional district under section 33 for review, comment and recommendation must be made directly to the municipality or regional district,
(b) the entire fee payable under section 33 with respect to the application may be retained by the municipality or regional district, and
(c) sections 40 to 44 apply to the application as if the application were before the commission.
24 (1) The commission may, by resolution, establish criteria under which
(a) specified types of applications under section 22, or
(b) applications under section 22 with respect to specified regions of British Columbia,
would be approved by the commission.
(2) The commission must put the criteria established under subsection (1) in writing and make them available for inspection during ordinary business hours.
(3) An application under section 22 that meets the criteria established under subsection (1) may be approved by the chief executive officer on the conditions that the chief executive officer may impose.
(4) The conditions imposed by the chief executive officer under subsection (3) must be consistent with the criteria established by the commission under subsection (1).
(5) If the chief executive officer is of the opinion that the application does not meet the criteria specified under subsection (1) or for any other reason does not wish to approve the application under subsection (3), the application must be referred to the commission for a decision.
(6) An approval of a section 22 application made by the chief executive officer under subsection (3) is a decision of the commission for the purposes of this Act.
(7) The chief executive officer may not exercise a power that has been delegated to a municipality or regional district through an agreement entered into under section 23.
25 Without limiting section 23 (5) or 24 (6), a decision of the municipality or regional district under section 23 or of the chief executive officer under section 24 is a decision that may be appealed under section 27.
26 (1) If the commission determines, on the written request of a person affected or on the commission's own initiative, that
(a) evidence not available at the time of an original decision of the commission under this Act has become available, or
(b) a decision of the commission under this Act was based, in whole or in part, on evidence that was in error or was false,
the commission may reconsider that decision and may confirm, reverse or vary it.
(2) The commission must give notice of its intention to reconsider a decision under subsection (1) to any person that the commission considers is affected by the reconsideration.
27 (1) 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.
(2) The provisions of the Offence Act for appeals by way of stated case apply to the appeal and to any further appeal.
(3) A reference in that Act to a justice is deemed to be a reference to the commission.
28 For agricultural land the commission may
(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 government 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 another use considered by the commission to be in the public interest, subject to terms the commission may impose.
29 (1) For the purpose of deciding an application under this Act or ensuring compliance with this Act, the regulations or an order of the commission, a member of the commission, or a person appointed under section 5 (1) or (4) of the Land Reserve Commission Act and designated in writing by the commission for the purpose, may
(a) enter any land, other than a dwelling house,
(b) make any surveys, analyses, inspections, examinations or soil tests that are necessary to determine
(i) the current use of the land,
(ii) the suitability of the land for farm use, or
(iii) the potential impact of proposed changes to the use of the land on land in an agricultural land reserve, and
(c) remove soil samples for the purposes of conducting the analyses and tests referred to in paragraph (b).
(2) A person who hinders, obstructs, impedes or otherwise interferes with a person exercising a power under subsection (1) commits an offence.
30 The commission may
(a) make capital improvements on commission land if it considers them desirable for the efficient use of its land or other land in the vicinity, and
(b) pay for or purchase capital improvements made on commission land by any person.
31 If 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.
32 With the approval of the Lieutenant Governor in Council, the commission may establish 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.
33 (1) In this section, except in subsection (2), "application" means an application under section 13 (4) or (6) or 15 (1) or an application for permission under section 17 (3), 18, 20 or 21 (2).
(2) A municipality or regional district that makes an application to the commission under section 14 must pay the prescribed application fee.
(3) A person who makes an application to the commission, other than an application
(a) to use land in an agricultural land reserve for a prescribed type of use, or
(b) to subdivide land in an agricultural land reserve in prescribed circumstances,
must do so by submitting the application and, except in the case of an application under section 13 (4) or (6), by paying the prescribed application fee
(c) to the municipality, if the land described in the application is in a municipality, and
(d) to the regional district, if the land described in the application is in a regional district but not in a municipality.
(4) A person who makes an application to the commission
(a) for a prescribed type of use, or
(b) to subdivide land in prescribed circumstances
referred to in subsection (3) must submit the application and pay the prescribed application fee directly to the commission.
(5) In respect of an application to the commission
(a) for a prescribed type of use, or
(b) to subdivide land in prescribed circumstances
referred to in subsection (3), the commission may require assistance from a municipality or regional district in which the land described in the application is located.
(6) The municipal council of a municipality or the regional board of a regional district that receives an application under subsection (3) must
(a) review the application, and
(b) subject to subsection (7), forward the application to the commission together with the council's or board's comments and recommendations concerning the application.
(7) In a case where section 15 (4) or 22 (2) applies to an application or proposed application, the requirement in subsection (6) (b) to forward the application to the commission does not apply if the municipality's or regional district's authorization, required by that section, is refused.
34 (1) A municipality or regional district that receives application fees under section 33
(a) may retain a prescribed portion of the application fees, and
(b) must remit the balance of the application fees to the commission at the prescribed times.
(2) Despite subsection (1), in a case where section 15 (4) or 22 (2) applies to an application or proposed application and the municipality's or regional district's authorization required by that section 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 municipality or regional district, as the case may be.
(3) Subject to the approval of the commission, if the designated local government officer considers that a case of hardship exists, he or she may waive the application fee payable under section 33 (3).
(4) If the commission considers that a case of hardship exists it may waive the application fee payable under section 33 (4).
(5) If, under section 33 (5), the commission requires assistance from a municipality or regional district, the commission must remit a prescribed portion of the application fee to the municipality or regional district.
(6) This section applies despite the Financial Administration Act.
35 (1) In this section "application" means an application under section 33.
(2) A person who makes an application must, in the prescribed circumstances,
(a) give notice of the application in accordance with the regulations before submitting the application, and
(b) provide evidence, satisfactory to the commission, that the applicant has complied with the notice requirements of the regulations.
(3) A municipality or regional district that has the power to decide an application through an agreement entered into under section 23 must ensure that the application is accompanied by evidence, satisfactory to the municipality or regional district, that the applicant has complied with the notice requirements of the regulations.
(4) A decision of the commission or of a municipality or regional district with respect to an application is not invalidated merely because of the failure of the applicant to comply with the notice requirements of the regulations, if the applicant made reasonable efforts to comply with those requirements.
36 Land is deemed not to be taken or injuriously affected by its designation as an agricultural land reserve.
37 For the purposes of this Act, and with the approval of the Lieutenant Governor in Council, the minister may enter into agreements with Canada, a municipality, a regional district or an agent of the government.
38 [Repealed 1999-14-20.]
39 In sections 40 to 44 "board",
(a) during the period before the establishment of the Environmental Assessment Board under the Environmental Assessment Act, means a commissioner or commissioners appointed under the Inquiry Act for the purpose of inquiring into a matter described in section 40, and
(b) after the establishment of the Environmental Assessment Board under the Environmental Assessment Act, means the Environmental Assessment Board.
40 (1) If the Lieutenant Governor in Council considers it to be in the Provincial interest, the Lieutenant Governor in Council by order may refer to the board, for the purpose of a public hearing described in section 43, any of the following matters that is before the commission at the time of the order making the referral:
(a) an application under section 13 (4) or (6), 14 (1) or (2) or 15 (1);
(b) an application referred to in section 22 (1);
(c) if land is being considered by the commission on its own initiative for
(i) approval and designation under section 13 (4),
(ii) exclusion from a reserve under section 14 (1), or
(iii) the granting of the permission referred to in section 14 (2),
the issues relating to the approval and designation, to the exclusion or to the permission, as the case may be;
(d) a reconsideration under section 26 of a decision of the commission made in respect of a matter referred to in paragraph (a), (b) or (c) of this subsection.
(2) The Lieutenant Governor in Council must specify written terms of reference for the purpose of a public hearing by the board pertaining to a matter referred to the board under this section.
(3) In determining whether it is in the Provincial interest to refer a matter to the board under subsection (1), the Lieutenant Governor in Council must take into account
(a) the public interest that all British Columbians have in the preservation of agricultural land as a scarce and important Provincial asset,
(b) the potential long term consequences of failing to preserve agricultural land, and
(c) the province-wide context of the matter.
(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) a municipality or regional district, as set out in a resolution of the applicable municipal council or regional district board, or
(b) the commission, as set out in a resolution of the commission.
41 (1) For the purpose of affording adequate time to consider whether an order under section 40 is warranted in relation to a matter referred to in section 40 that is before the commission, the Lieutenant Governor in Council may order that the matter be suspended for a period, to be specified in the order, that is not longer than 90 days or any shorter period that is prescribed for the purpose of this subsection.
(2) An order of the Lieutenant Governor in Council under subsection (1) has effect and is binding on the commission and on any parties to a proceeding relating to a matter that is the subject of the order until the expiry of the period specified in the order.
42 (1) On the date of an order under section 40 referring a matter to the board, the commission's powers and duties under this Act in relation to the matter that is the subject of the order are transferred to the Lieutenant Governor in Council to the extent necessary to enable the Lieutenant Governor in Council to act in accordance with section 44.
(2) An order under section 40 is final and binding.
(3) If the Lieutenant Governor in Council makes an order under section 40 referring a matter to the board, the commission must, within 14 days of the date of the order,
(a) prepare a written report with respect to the matter, and
(b) submit the report to the board for the purpose of assisting the board in conducting a public hearing under section 43 in respect of the matter.
43 (1) On receiving the written terms of reference specified in conjunction with an order under section 40, the board must
(a) prepare a discussion paper with respect to the matter that is the subject of the order, and
(b) make the paper available to the public before holding a public hearing under this section.
(2) The discussion paper prepared under subsection (1) (a) must include the written report that the commission submitted to the board under section 42 (3).
(3) For the purpose of providing the report and recommendations required under section 43.1, the board must conduct a public hearing of the probable agricultural, environmental, heritage, economic, cultural and social effects of whichever of the following is the subject of the matter described in section 40 in respect of which the order under that section was made:
(a) an approval and designation under section 13 (4);
(b) a designation under section 13 (6);
(c) an exclusion from a reserve under section 14 (1) or 15 (1);
(d) the granting or refusal of the permission referred to in section 14 (2) or 22 (1);
(e) a decision under section 26 to confirm, reverse or vary a decision referred to in paragraph (a), (b), (c) or (d) of this subsection.
(4) The public hearing held under subsection (3) must be conducted in accordance with the terms of reference specified in conjunction with the order made under section 40.
(5) The board must hold at least one public hearing with respect to the matter in each of the following regions of British Columbia:
(a) Vancouver Island;
(b) Lower Mainland;
(c) Okanagan;
(d) Interior;
(e) Kootenays;
(f) Northern British Columbia.
43.1 (1) On conclusion of the public hearing under section 43, the board must submit to the Lieutenant Governor in Council
(a) a written report in accordance with the terms of reference specified in conjunction with the order made under section 40, and
(b) a summary of the evidence received and submissions made in the course of any public hearing held in accordance with the terms of reference.
(2) The report referred to in subsection (1) must include the board's recommendations to the Lieutenant Governor in Council for action under section 44.
(3) In making the recommendations referred to in subsection (2), the board must give weight to the following values in descending order of priority:
(a) agricultural values, including the preservation of agricultural land and the promotion of agricultural purposes;
(b) environmental and heritage values, but only if
(i) those values cannot be replaced or relocated to land other than agricultural land, or
(ii) giving weight to those values results in no net loss to the agricultural capabilities of the area;
(c) economic, cultural and social values.
(4) The board must provide a copy of its report to the commission at the same time that the report is submitted to the Lieutenant Governor in Council under subsection (1).
(5) The commission may submit to the Lieutenant Governor in Council written comments on the report but must do so within 30 days of receiving a copy of the report under subsection (4).
(6) Within 10 days after submitting its report under subsection (1), the board must publish the report in the prescribed manner.
44 (1) On receiving the board's report under section 43.1 (1) and the commission's comments, if any, under section 43.1 (5), the Lieutenant Governor in Council by order may decide the outcome of the matter that is the subject of the order under section 40 by
(a) granting or refusing to grant the approval, designation, exclusion or permission applied for, in the case of a matter described in section 40 (1) (a) or (b),
(b) making or deciding not to make the approval, designation, exclusion or permission that was under consideration by the commission on its own initiative, in the case of a matter described in section 40 (1) (c), or
(c) confirming, reversing or varying a decision referred to in section 40 (1) (d).
(1.1) When deciding the outcome of a matter under subsection (1), the Lieutenant Governor in Council must give weight to the following values in descending order of priority:
(a) agricultural values, including the preservation of agricultural land and the promotion of agricultural purposes;
(b) environmental and heritage values, but only if
(i) those values cannot be replaced or relocated to land other than agricultural land, or
(ii) giving weight to those values results in no net loss to the agricultural capabilities of the area;
(c) economic, cultural and social values.
(2) The Lieutenant Governor in Council may attach conditions to an order made under this section.
(3) An order made under this section is final and binding.
45 (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, the Waste Management Act, the Land Reserve Commission Act and as provided in this Act or the regulations.
(2) [Repealed 1999-14-21.]
46 A minister or agent of the government must not exercise a power granted under another enactment except in accordance with this Act and the regulations.
47 (1) In this section, "bylaw" means
(a) a bylaw made by a municipality or regional district under the Local Government Act or the Vancouver Charter that adopts a regional growth strategy, official settlement plan, official community plan, official development plan or zoning bylaw, and
(b) any other bylaw respecting land use in a municipality or regional district made by a municipality or regional district under any other enactment.
(2) Every municipality and regional district must ensure that its bylaws are consistent with this Act, the regulations and the orders of the commission.
(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 is, to the extent of the inconsistency, of no force or effect.
(5) Without limiting subsection (4), a bylaw that
(a) allows agricultural land in an agricultural land reserve to be used for a use 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,
is deemed to be inconsistent with this Act.
(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.
(7) The Offence Act does not apply to a contravention of subsection (2).
(8) This section applies only to bylaws made after August 26, 1994.
48 [Repealed 1999-14-22.]
49 The commission must pay as soon as practical all money received by it, other than money received under an appropriation under a Supply Act into the consolidated revenue fund.
50 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 under the Bonding Act and the regulations to ensure compliance with the terms.
51 If 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, S.B.C. 1992, c. 8, the commission may do one or more of the following:
(a) 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) apply to the Supreme Court for an order restraining the owner or occupant from beginning 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, S.B.C. 1992, c. 8.
52 (1) If after a submission and a determination that the activity, or use of land, would likely impair agricultural capability, or if 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.
(2) In case of default under subsection (1) (b), the commission may perform the work, and the cost is a debt due to the commission by the owner or occupant in default.
53 [Repealed 1999-14-24.]
54 Despite sections 45 and 46, if Crown land established as an agricultural land reserve under this Act has been leased by the government, or sold by agreement for sale by the government 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.
55 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) establishing different application fees for different types of applications and applications in different circumstances;
(b) exempting classes of persons from payment of a prescribed application fee;
(c) respecting the terms of an agreement entered into under section 23;
(d) respecting the manner in which a municipality or regional district is required to
(i) consider an application, and
(ii) advise the commission of an application received and a decision made on an application,
for the purpose of section 23 (2);
(e) prescribing circumstances in which notice of an application is required to be given under section 35;
(f) respecting the notice requirements for the purpose of section 35, including prescribing a form of notice.
(3) A regulation made under subsection (2) (f) may prescribe different notice requirements for different types of applications or different areas of British Columbia.
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