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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE CORKY EVANS

MINISTER OF AGRICULTURE AND FOOD

BILL 70 – 1999

AGRICULTURAL LAND COMMISSION AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Section 40 of the Agricultural Land Commission Act, R.S.B.C. 1996, c. 10, is

amended

(

a) in subsection (1) by adding the following paragraph:

(

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. , and

(

b) by adding the following subsections:

(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.

Section 41 is amended

(

a) by repealing subsection (1) and substituting the following:

(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. ,

and

(

b) in subsection (2) by striking out "the minister" and

substituting "the Lieutenant Governor in Council" .

Section 42 is amended by adding the following subsection:

(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.

Section 43 is repealed and the following substituted:

Public hearing

(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.

Report and recommendations

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.

Section 44 (1) is amended

(

a) by striking out "On receiving the board's report" and

substituting "On receiving the board's report under

section 43.1 (1) and the

commission's comments, if any, under

section 43.1 (5)," , and

(

b) by striking out "or" at the end of paragraph (a), by

adding ", or" at the end of paragraph (

b) and by adding the

following paragraph:

(

c) confirming, reversing or varying a decision referred to in

section 40 (1) (d).

Section 44 is amended by adding the following subsection:

(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.

Commencement

7 This Act comes into force by regulation of the Lieutenant

Governor in Council.

Explanatory Notes

SECTION 1: [Agricultural Land Commission Act, amends

section 40]

adds subsection (1) (

d) to clarify that a reconsideration under

section

26 is a matter that may be referred to the board;

adds subsection (3) to require that the public interest in the preservation

of agricultural land and the province-wide context be taken into account in

determining whether a referral order should be made under subsection (1);

adds subsection (4) to permit certain persons to request a referral order

under subsection (1).

SECTION 2: [Agricultural Land Commission Act, amends

section 41] gives

the power to make a suspension order to the Lieutenant Governor in Council instead of the

minister.

SECTION 3: [Agricultural Land Commission Act, adds

section 42 (3)]

requires the commission to prepare a report with respect to a referred matter and submit

the report to the board for the purposes of the public hearing under

section 43.

SECTION 4: [Agricultural Land Commission Act, re-enacts

section 43 and enacts

section 43.1]

section 43 sets out the mandate of the board in holding a public hearing

on a referred matter;

section 43.1 requires the board to provide to the Lieutenant Governor in

Council a report on the public hearing and recommendations for action under

section 44.

SECTION 5: [Agricultural Land Commission Act, amends

section 44 (1)]

amends

section 44 (1) consequential to the addition of sections 40 (1) (

d) and 43.1 (5).

SECTION 6: [Agricultural Land Commission Act, adds

section 44 (1.1)]

requires the Lieutenant Governor in Council to give agricultural values the greatest

weight in deciding the outcome of a matter under subsection (1).

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada