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2003 Legislative Session: 4th Session, 37th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 21st day of October, 2003

Ian D. Izard, Law Clerk

HONOURABLE JOHN VAN DONGEN

MINISTER OF AGRICULTURE,

FOOD AND FISHERIES

BILL 48 – 2003

AGRICULTURE, FOOD AND FISHERIES

STATUTES AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Farm Practices Protection (Right to Farm) Act

Section 1 of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is amended by adding the following definition:

"Crown land" means land, whether or not it is covered by water, or an interest in land, vested in the government; .

Section 2 (2) (

b) is amended

(

a) in subparagraph (ii) by striking out "or" ,

(

b) in subparagraph (iii) by striking out "aquaculture, and" and substituting "aquaculture, or" , and

(

c) by adding the following subparagraph:

(iv) that is Crown land designated as a farming area under subsection (2.1), and .

Section 2 is amended by adding the following subsection:

(2.1) The Lieutenant Governor in Council may designate Crown land as a farming area for the purposes of subsection (2) (b) (iv).

Local Government Act

Section 872 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by repealing the definition of "farming area" and substituting the following:

"farming area" means an area of land

(

a) that is in an agricultural land reserve as defined

in the Agricultural Land Commission Act ,

(

b) that is designated as a farming area under the Farm

Practices Protection (Right to Farm) Act , or

(

c) in relation to which a person holds a valid and subsisting licence under the Fisheries Act to carry on the business of aquaculture; .

5 The heading to Division 8 of

Part 26 is repealed and the following substituted:

Division 8 – Regulation of Farm Businesses in Farming Areas .

Section 917 is amended by adding the following subsection:

(6) A local government may not exercise a power under this or any other Part of this Act to do anything that the local government is specifically authorized to do under this section.

Section 917 (6) is amended by striking out "this Act" and substituting "this Act or the Community Charter " .

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada