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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

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Part 26 is repealed and the following substituted: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 " .

Explanatory Notes

Farm Practices Protection (Right to Farm) Act

SECTION 1: [Farm Practices Protection (Right to Farm) Act, amends

section 1] adds a

definition of Crown land.

SECTION 2: [Farm Practices Protection (Right to Farm) Act, amends

section 2 (2) (b)]

adds a category of land for the purpose of protecting normal farm practices

carried out on it.

SECTION 3: [Farm Practices Protection (Right to Farm) Act, adds

section 2 (2.1)]

provides the Lieutenant Governor in Council with authority to designate

Crown land as a farming area.

Local Government Act

SECTION 4: [Local Government Act, amends

section 872] expands

the definition of "farming area" to include land designated as a farming area

under the Farm Practices Protection (Right to Farm) Act .

SECTION 5: [Local Government Act, re-enacts the heading to Division 8 of

Part 26]

changes the heading to Division 8 of

Part 26 to accurately describe its broader

coverage.

SECTION 6: [Local Government Act, amends

section 917] prohibits local governments

from exercising any other powers under the Local Government Act to enact

bylaws that, if enacted under

section 917, would require the minister's

approval.

SECTION 7: [Local Government Act, amends

section 917 (6)] is

consequential to the coming into force of the Community Charter .

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