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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 79 – 1999

LAND RESERVE COMMISSION ACT

Contents

Section

Definitions

Commission established

Objects of the commission

Commission members

Staff of the commission

Operation of the commission

Financial and corporate matters

Liability of the commission

Power to make regulations

10-43

Consequential Amendments

Transitional

Commencement

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

Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"agricultural reserve land" means land that is

or is part of an agricultural land reserve under the Agricultural Land Reserve

Act ;

"agroforestry" means a land use system that

involves deliberate retention, introduction or mixing of trees or other plants in crop and

animal production systems in order to increase profitability, sustainability and social

acceptance;

"chair" means the member of the commission

designated as chair under

section 4;

"commission" means the Land Reserve Commission

established under

section 2;

"first nation" means an aboriginal governing

body, however organized and established by aboriginal people within their traditional

territory in British Columbia;

"forest reserve land" has the same meaning as in

the Forest Land Reserve Act ;

"local government" has the same meaning as in the

Forest Land Reserve Act .

Commission established

(1) The Land Reserve Commission is established as a

corporation consisting of the members appointed under

section 4.

(2) The commission is an agent of the government.

Objects of the commission

3 The objects of the commission are as follows:

(

a) to protect the integrity of the agricultural land base and the

working forest land base in British Columbia;

(

b) to work with owners, local governments, first nations, the

governments of British Columbia and Canada and other communities of interest in achieving

the object set out in paragraph (a);

(

c) to assist the communities of interest referred to in paragraph

(

b) in the accommodation, support and encouragement of farming, forestry and agroforestry

on agricultural reserve lands and forest reserve lands;

(

d) to provide a fair, effective and independent mechanism

for considering applications under the Agricultural Land Reserve Act ,

the Forest Land Reserve Act and the Soil Conservation Act ;

(

e) to carry out its powers and duties under the Agricultural

Land Reserve Act , the Forest Land Reserve Act and the Soil

Conservation Act in a manner consistent with the objects of the commission

under this

section and under those Acts;

(

f) to provide recommendations to the ministers responsible for

the administration of the Agricultural Land Reserve Act and the Forest Land

Reserve Act to protect and strengthen the land reserve system in British Columbia.

Commission members

(1) The Lieutenant Governor in Council may appoint no

fewer than 5 individuals knowledgeable in matters relating to agriculture, forestry, land

use planning or local government as members of the commission and may establish the terms

of their appointment.

(2) The members are the board of directors of the commission.

(3) The Lieutenant Governor in Council must designate one of the

members as the chair of the commission and another member as vice-chair.

(4) The Lieutenant Governor in Council may designate additional

vice-chairs from among the members of the commission.

(5) The term of office of a member is during pleasure but, except

for the chair, must not exceed 4 years.

(6) A member or former member may be reappointed to the

commission.

(7) A member must be reimbursed for reasonable travelling and out

of pocket expenses necessarily incurred in discharging the member's duties and, in

addition, may be paid the remuneration set by the Lieutenant Governor in Council.

(8) The Lieutenant Governor in Council may, by order, declare that

the Pension (Public Service) Act applies to members.

Staff of the commission

(1) The Lieutenant Governor in Council may appoint,

during pleasure, a chief executive officer of the commission and may determine the

officer.

(2) The Lieutenant Governor in Council may, by order, declare that

the Pension (Public Service) Act applies to the chief executive officer.

(3) The commission may determine the functions and duties of the

chief executive officer.

(4) The commission may appoint other officers and employees

necessary for the purposes of the commission and may determine their duties and

remuneration.

(5) 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.

(6) The commission may retain consultants as it considers

advisable and may set their remuneration.

Operation of the commission

(1) The commission may pass resolutions and bylaws it

considers necessary or advisable for the management and conduct of its affairs and for the

performance of its duties and the exercise of its powers.

(2) The commission may refer an application or other matter

that is before the commission under the Agricultural Land Reserve Act ,

the Forest Land Reserve Act or the Soil Conservation Act to a

panel established by the commission and consisting of one or more members as

determined by the commission.

(3) A panel established under subsection (2) has all the powers

and duties of the commission in respect of the application or other matter and a decision

of a panel in respect of the application or other matter is, for all purposes, a decision

of the commission.

Financial and corporate

matters

(1) The financial year end of the commission is March 31

and the Minister of Finance and Corporate Relations is the fiscal agent of the commission.

(2) Within 90 days after the end of each financial year, the

commission must submit to the minister responsible for the administration of the Agricultural

Land Reserve Act and the minister responsible for the administration of the Forest

Land Reserve Act

(

a) a report of its operations during the preceding financial

year, and

(

b) a financial statement showing its business for that financial

year, prepared in accordance with generally accepted accounting principles and in the form

required by the Minister of Finance and Corporate Relations.

(3) The report and statement under subsection (2) must be laid

before the Legislative Assembly within 30 days following their receipt if the Legislative

Assembly is then sitting, and otherwise as soon as practicable.

(4) Subject to subsection (5), the Company Act and the Company

Clauses Act do not apply to the commission.

(5) The Lieutenant Governor in Council may, by order, declare that

specified provisions of the Company Act apply to the commission.

Liability of the commission

(1) No action for damages lies or may be brought against

any member of the commission or any person appointed under

section 5 (1) or (4) because of

anything done or omitted in good faith

(

a) in the performance or intended performance of any

duty under this Act, the Agricultural Land Reserve Act , the Forest

Land Reserve Act or the Soil Conservation Act , or

(

b) in the exercise or intended exercise of any power under this

Act, the Agricultural Land Reserve Act , the Forest Land Reserve Act or the Soil

Conservation Act .

(2) Subsection (1) does not absolve the commission from vicarious

liability for

an act or omission for which it would be vicariously liable if this

section

were not in force.

Power to make regulations

(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 establishing policies and procedures to be followed

by the commission in conducting its affairs, performing its duties and exercising

its powers under this Act, the Agricultural Land Reserve Act , the Forest

Land Reserve Act or the Soil Conservation Act .

Consequential Amendments

Agricultural Land Commission Act

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

amended by striking out "Commission" and substituting "Reserve" .

Section 1 is amended

(

a) by repealing the definition of "commission" and substituting

the following:

"commission" means the Land Reserve Commission

established under

section 2 of the Land Reserve Commission Act ; ,

and

(

b) by adding the following definition:

"chief executive officer" means the chief executive

officer of the commission appointed under

section 5 (1) of the Land Reserve

Commission Act ; .

Section 2 is repealed.

13 Sections 4 and 5 are repealed.

Section 7 (1) is amended by adding "under this Act"

after "order of the commission" .

15 Sections 8 and 9 are repealed.

Section 10 (1) is amended by adding "under this Act"

after "object of the commission" .

Section 24 is amended by striking out "general manager"

wherever it appears and substituting "chief executive officer" .

Section 25 is amended by striking out "general manager"

and substituting "chief executive officer" .

Section 29 (1) is amended by striking out "section 8"

and substituting "section 5 (1) or (4) of the Land Reserve Commission Act " .

Section 38 is repealed.

Section 45 is amended

(

a) in subsection (1) by adding ", the Land Reserve Commission

Act " after "the Waste Management Act " , and

(

b) by repealing subsection (2).

Section 48 is repealed.

Section 49 is amended by striking out "or under

section 48 of

this Act" .

Section 53 is repealed.

Cemetery and Funeral Services Act

Section 17 (1) of the Cemetery and Funeral Services Act, R.S.B.C.

1996, c. 45, is amended by striking out " Agricultural Land Commission

Act " and substituting " Agricultural Land Reserve Act " .

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 repealing paragraph (g) (ii) of the definition of "farm

operation" and substituting the following:

(ii) in an agricultural land reserve with the approval under the Agricultural

Land Reserve Act of the Land Reserve Commission; .

Forest Land Reserve Act

Section 1 (1) of the Forest Land Reserve Act, R.S.B.C. 1996, c. 158, is

amended

(

a) in the definition of "agricultural reserve land" by striking

out " Agricultural Land Commission Act " and substituting

" Agricultural Land Reserve Act " ,

(

b) by adding the following definition:

"chief executive officer" means the chief executive

officer of the commission appointed under

section 5 (1) of the Land Reserve

Commission Act ; , and

(

c) by repealing the definition of "commission" and substituting

the following:

"commission" means the Land Reserve Commission

established under

section 2 of the Land Reserve Commission Act ; .

28 The following

section is added to

Part 1:

Object of the commission

2.1 The object of the commission under this Act is to work

with owners, local governments, first nations and other communities of interest to achieve

all of the following:

(

a) protect the integrity of the working forest land base by

minimizing the impact of urban development and rural area settlement on forest reserve

land;

(

b) encourage responsible forest management practices on forest

land;

(

c) promote conditions favourable for investment in private land

forest management.

Part 2 is repealed.

Section 11 (6) is repealed and the following substituted:

(6) In order for a designation under subsection (2) or (3) to be

effective, a management commitment must apply to the land.

Section 17.3 (4) is amended by striking out "chief

officer's" and substituting "chief executive officer's" .

Section 37 (2) (

a) is repealed.

33 The Act is amended by striking out "chief officer"

wherever it appears and substituting "chief executive officer" .

Freedom of Information and Protection of Privacy Act

Schedule 2 of the Freedom of Information and Protection of Privacy Act,

R.S.B.C. 1996, c. 165, is amended

(

a) by striking out the following:

Public Body:

Forest Land Reserve Commission

Head:

Chair

Public Body:

Provincial Agricultural Land Commission

Head:

Chair , and

(

b) by adding the following:

Public Body:

Land Reserve Commission

Head:

Chair .

Greenbelt Act

Section 2 (3) of the Greenbelt Act, R.S.B.C. 1996, c. 176, is amended

by striking out " Agricultural Land Commission Act ," and

substituting " Agricultural Land Reserve Act ," .

Hydro and Power Authority Privatization Act

Section 10 (1) and (3) of the Hydro and Power Authority Privatization

Act, R.S.B.C. 1996, c. 213, is amended by striking out " Agricultural

Land Commission Act " wherever it appears and substituting " Agricultural

Land Reserve Act " .

Islands Trust Act

Section 29 (1) (

d) of the Islands Trust Act, R.S.B.C. 1996, c. 239,

is amended by striking out " Agricultural Land Commission Act ;"

and substituting " Agricultural Land Reserve Act ;" .

Municipal Act

Section 882 (3) (

c) of the Municipal Act, R.S.B.C. 1996, c. 323, is

repealed and the following substituted:

(

c) if the plan applies to land in an agricultural land

reserve established under the Agricultural Land Reserve Act , refer the

plan to the Land Reserve Commission for comment; .

Section 915 (2) is amended by striking out " Agricultural

Land Commission Act " and substituting " Agricultural Land

Reserve Act " .

Section 946 is amended by striking out " Agricultural Land

Commission Act " wherever it appears and substituting " Agricultural

Land Reserve Act " .

School Act

Section 130 (1) (

b) of the School Act, R.S.B.C. 1996, c. 412, is amended

by striking out " Agricultural Land Commission Act " and

substituting " Agricultural Land Reserve Act " .

Soil Conservation Act

Section 1 of the Soil Conservation Act, R.S.B.C. 1996, c. 434, is amended

(

a) in the definition of "agricultural land reserve" by striking

out " Agricultural Land Commission Act ;" and substituting

" Agricultural Land Reserve Act ;" , and

(

b) by repealing the definition of "commission" and substituting

the following:

"commission" means the Land Reserve Commission

established under

section 2 of the Land Reserve Commission Act ; .

Section 7 is amended by striking out " Agricultural Land

Commission Act " and substituting " Agricultural Land Reserve

Act " .

Transitional

(1) In this section:

"Forest Land Commission" means the Forest Land

Commission continued under

section 3 of the Forest Land Reserve Act as it read

immediately before the coming into force of this section;

"Land Reserve Commission" means the Land Reserve

Commission established under

section 2 of the Land Reserve Commission Act as it

read immediately before the coming into force of this section;

"Provincial Agricultural Land Commission" means

the Provincial Agricultural Land Commission continued under

section 2 of the

Agricultural Land Commission Act .

(2) All of the rights, property and assets and all of the debts,

liabilities and obligations of the Forest Land Commission and the Provincial Agricultural

Land Commission are transferred to and vested in the Land Reserve Commission.

(3) The Land Reserve Commission may take up and carry on to

completion all proceedings or other matters commenced under any enactment that were,

immediately before the coming into force of this section, before the Provincial

Agricultural Land Commission or the Forest Land Commission.

Commencement

45 This Act comes into force by regulation of the

Lieutenant Governor in Council.

Explanatory Note

This Bill establishes the Land Reserve Commission to carry out the functions currently

assigned to the Forest Land Commission and the Provincial Agricultural Land Commission.

The Bill will increase administrative efficiency, promote agroforestry and encourage more

intensive and integrated use of agricultural and forest land reserves.

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