British Columbia Gazette Part II — B.C. Reg. 057/2020
B.C. Reg. 057/2020
British Columbia — Gazette
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Victoria, British Columbia, Canada
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Volume 63, No. 5
57/2020
The British Columbia Gazette,
Part II
March 24, 2020
B.C. Reg. 57/2020 , deposited March 12, 2020, under the AGRICULTURAL LAND COMMISSION AMENDMENT ACT, 2019 [section 43] and the AGRICULTURAL LAND COMMISSION ACT [sections 5.1 and 58.1 to 58.5]. Order in Council 131/2020, approved and ordered March 12, 2020.
On the recommendation of the undersigned, the Lieutenant Governor, by and with
the advice and consent of the Executive Council, orders that
(
a) the Ag ricultural Land Commission Amendment Act, 2019 , S.B.C. 2019, c. 32, is brought into force, except the following:
(
i) sections 1 (a), 12, 13, 17 (d), 19, 20, 24 to 26, 28 (a), 30, 39 (2) and (4)
and 41;
(ii)
section 17 (
g) insofar as it strikes out "section 34.1" and substitutes "section 35.1";
(iii)
section 22 insofar as it enacts
section 33 (2) (
a) of the Agricultural Land Commission Act , S.B.C. 2002, c. 36;
(iv)
section 35 insofar as it repeals
section 58 (1), (2) (
a) to (c), (
d) to (e),
(e.5), (
g) to (s), (3) (
a) to (
e) and (
i) and (4) to (9) of the Agricultural Land Commission Act and substitutes sections 58 to 58.3, 58.5 and 58.6,
(
b) the Agricultural Land Reserve General Regulation, B.C. Reg. 171/2002, is re-titled
as the Agricultural Land Reserve Transitional Regulation,
(
c) sections 34 to 43 of the Agricultural Land Reserve Transitional Regulation
are repealed,
(
d) section 1 as it enacts the definition of "Act", Divisions 1 and 2 of
Part
4 and sections 33 and 36 of the attached Agricultural Land Reserve General Regulation
are made,
(
e) effective September 30, 2020, the following provisions of the Agricultural Land Commission Amendment Act, 2019 , S.B.C. 2019, c. 32, are brought into force:
(
i) sections 1 (a), 12, 13, 17 (d), 19, 20, 24 to 26, 28 (
a) and 39 (2) and (4);
(ii)
section 17 (
g) insofar as it strikes out "section 34.1" and substitutes "section 35.1";
(iii)
section 35 insofar as it repeals
section 58 (1), (2) (
a) to (c), (
d) to (e),
(e.5), (
g) to (s), (3) (
a) to (
e) and (
i) and (4) to (9) of the Agricultural Land Commission Act , S.B.C. 2002, c. 36, and substitutes sections 58 to 58.3, 58.5 and 58.6,
(
f) effective September 30, 2020, the Agricultural Land Reserve Transitional Regulation
is repealed, and
(
g) effective September 30, 2020, Parts 1 to 3, except
section 1 as it enacts
the definition of "Act", and
Part 4 except as it enacts Divisions 1 and 2 and sections 33
and 36, of the attached Agricultural Land Reserve General Regulation are made.
— L. POPHAM, Minister of Agriculture ; M. MUNGALL, Presiding Member of the Executive Council .
AGRICULTURAL LAND RESERVE GENERAL REGULATION
Contents
Part 1 –
Interpretation
Definitions
Interpretation
Part 2 – Permitted Subdivisions
Subdivision permitted on determination by approving officer
Subdivision of lands under final agreement permitted
Registrar of Titles may accept deposit of permitted plans
Part 3 – Procedures for Proposals and Applications
Division 1 – General Procedures
Applications and application fees
Payment by commission for comments or information
Local or first nation government review
Procedures at meetings and public hearings
Notice of action
Fees if action of official required
Publishing the status of applications
Division 2 – Commission Proposals and Local and First Nation Government Applications for Inclusion or Exclusion
Proposals by commission
Applications by local or first nation government applicants
Notice of public hearing
Division 3 – Public Body Applications for Exclusion
Public body applicants
Exclusion applications by public body applicants
Responses to exclusion applications
Public hearing and public information meeting
Division 4 – Commission Meeting on Exclusion Application
Commission meeting
Evidence presented at meeting
Division 5 – Other Applications
Transportation and utility use applications
Fill placement applications
Part 4 – General
Division 1 – Commission Members and Duties
Definition
Residency information
Determining residency in administrative region
Mapping of agricultural land reserve boundaries
Reports to minister
Publishing reports
Division 2 – Enforcement
Penalties for contraventions
Notice of action
Giving a notice of action
Division 3 – Other Matters
Service and receipt of notice and records generally
Notice of statutory right of way
Fee if notice of intent to remove soil or place fill
Delegation to Oil and Gas Commission
Part 1 –
Interpretation
Definitions
1 In this regulation:
"Act" means the Agricultural Land Commission Act ;
"applicant" includes an agent of the applicant;
"approving officer" means an approving officer or other person described in
section 18 (5) [restrictions on approving land uses or subdivision] of the Act;
"local or first nation government applicant" means an applicant who
(
a) is a local government or first nation government, and
(
b) is making an application with respect to land over which the applicant has
jurisdiction;
"public body applicant" means an applicant described in
section 16 [public body applicants] ;
"public hearing" means a public hearing held for the purposes of
section 17 (2), 29 (2) or 30
(2) [inclusions or exclusions of land] of the Act, as applicable.
Interpretation
(1) For the purposes of this regulation,
(
a) a local government has jurisdiction over land if the local government has
legislative authority over the land, and
(
b) a first nation government has jurisdiction over land if the land is, or is
part of, the settlement lands or proposed settlement lands, as applicable, for that
first nation.
(2) For the purposes of
section 2 (1) [application of other Acts] of the Act, nothing in this regulation is to be interpreted as relieving a person
from complying with
(
a) any other enactment that may apply, or
(
b) a decision of a responsible authority, including respecting zoning or subdivision,
that may apply.
Part 2 – Permitted Subdivisions
Subdivision permitted on determination by approving officer
(1) A subdivision of agricultural land is permitted for the purposes of the Act if
(
a) an approving officer determines that the subdivision is of a type referred
to in subsection (2), and
(
b) the approving officer
(
i) indicates the approval by endorsing on the plan of subdivision a certificate
in the form required by the commission, and
(ii) submits to the commission a copy of the endorsed plan.
(2) The following types of subdivision are permitted for the purposes of subsection (1) (a):
(
a) a subdivision that does one or more of the following:
(
i) consolidates 2 or more parcels into a single parcel by eliminating common
lot lines;
(ii) establishes a legal boundary along the boundary of the agricultural land
reserve;
(iii) resolves a building encroachment on a property line, if no additional parcels
are created;
(
b) a subdivision for which all of the following conditions are met:
(
i) the agricultural land to be subdivided involves not more than 4 parcels, each
of which is a minimum of 1 ha;
(ii) on subdivision, there would be no increase in the number of parcels and no
parcel would be less than 1 ha;
(iii) the subdivision would allow for boundary adjustments that, in the opinion
of the approving officer, will enhance farming on the agricultural land or permit
better use of structures used for farming.
Subdivision of lands under final agreement permitted
(1) In this section:
"lands under a final agreement" means those lands affected by a plan that a treaty first nation will own in fee simple,
as treaty lands or otherwise, in accordance with the treaty first nation's final agreement;
"plan" has the same meaning as in
section 19 (1) [registration restrictions] of the Act.
(2) A subdivision of agricultural land is permitted for the purposes of the Act
(
a) the subdivision results from the registration of an indefeasible title in
the name of a treaty first nation to lands under a final agreement, and
(
b) the registration is
(
i) effective on the date the final agreement comes into effect, and
(ii) in accordance with the final agreement.
Registrar of Titles may accept deposit of permitted plans
5 A Registrar of Titles may accept an application for the deposit of a plan referred
to in this
Part if the applicable conditions of this Part with respect to the subdivision
of agricultural land shown on the plan are met.
Part 3 – Procedures for Proposals and Applications
Division 1 – General Procedures
Applications and application fees
(1) Subject to subsections (3) and (4) of this section, an applicant may make an
application to which
section 34 [local government or first nation government review not required] of the Act applies by submitting to the commission
(
a) an application in the form and manner required by the commission, and
(
b) a fee of
(i) $1 200 in the case of an application described in
section 34 (1) (a), (b),
(
c) or (
e) of the Act, or
(ii) $1 500 in the case of an application described in
section 34 (1) (
d) of the
Act.
(2) Subject to subsections (3) and (4) of this section, an applicant may make
an application to which
section 34.1 [local government or first nation government review required] of the Act applies by submitting to the applicable body under that
section
(
a) an application in the form and manner required by the commission, and
(
b) a fee of
(i) $300 for the purposes of
section 34.1 (1) of the Act, or
(ii) $1 200 for the purposes of
section 34.1 (3) of the Act.
(3) If a fee has already been submitted under
section 20.3 (1) (c) (ii) [soil or fill use] of the Act in respect of an application, the fee payable under subsection (1) or (2) (b) (ii)
of this
section is reduced by $150.
(4) Applicants are exempt from paying application fees in respect of applications
to include land in the agricultural land reserve.
Payment by commission for comments or information
7 The commission may pay $200 to each local government or first nation government from
which the commission requests comments or information under
section 34 (3) [local government or first nation government review not required] of the Act.
Local or first nation government review
(1) A local government or first nation government that receives an application under
section 34.1 [application procedure if local government or first nation government review required] of the Act must, in accordance with this section, forward to the commission
(
a) the application, and
(
b) the comments and recommendations of the local government or first nation government
in respect of the application.
(2) The application, comments and recommendations must be forwarded within the
following period after the local government or first nation government receives the
application:
(a) 90 days, if a public information meeting is held under
section 19 (b) [public hearing and public information meeting] ;
(b) 60 days, if paragraph (
a) does not apply.
(3) The comments and recommendations must be in a form acceptable to the commission
and address all of the following that apply:
(
a) in the case of an exclusion application made by a public body applicant,
(
i) whether the notice required under
section 17 (a) [exclusion applications by public body applicants] of this regulation has been given,
(ii) whether the resolution or law required under
section 29 (4) [exclusion applications] of the Act has been made, and
(iii) any responses the local government or first nation government received
(
A) under
section 18 [responses to exclusion applications] , and
(
B) through a public information meeting held under
section 19 (b), if any;
(
b) in the case of a use or subdivision application, whether
(
i) the resolution, if required under
section 25 (3) [applications by owner] of the Act, has been made, or
(ii) the law required under
section 25 (3.1) of the Act has been made.
(4) The comments and recommendations may include any other information the local
government or first nation government wants the commission to consider concerning
the application.
Procedures at meetings and public hearings
(1) The commission, a local government, a first nation government or a public body
applicant that holds a meeting, public information meeting or a public hearing with
respect to an application may, without limiting any other powers of the commission,
local government, first nation government or public body applicant,
(
a) designate the date, time and place for the meeting or public hearing, and
(
b) adjourn the meeting or public hearing.
(2) The commission, a local government, a first nation government or a public
body applicant holding a public hearing
(
a) must give all persons present an opportunity to be heard on matters related
to the proposal or application that is the subject of the public hearing, and
(
b) may, without further notice, allow a proposal or application that is the subject
of the public hearing to be amended to accommodate representations made at that public
hearing.
(3) A member of the commission, a local government or a first nation government
who was not present at a public hearing may vote on the proposal or application that
was the subject of the public hearing if an oral or written report of the public hearing
has been given to the member.
Notice of action
(1) Without limiting any other requirement under the Act, the commission must give
written notice to each applicable person referred to in subsection (2) if the commission
does any of the following, whether on the commission's own initiative or on determination
of an application:
(
a) includes, or refuses to include, land in the agricultural land reserve;
(
b) excludes, or refuses to exclude, agricultural land from the agricultural land
reserve;
(
c) grants, or refuses to grant, permission for a use or subdivision;
(
d) reverses or varies a decision on reconsideration under the Act.
(2) The persons who must receive notice are the following:
(
a) the applicant;
(
b) the local government or first nation government that has jurisdiction over
the land that is the subject of the action.
Fees if action of official required
(1) An applicant must pay a fee in accordance with this
section if
(
a) the commission, on granting an application, imposes a term or condition on
the applicant, and
(
b) the effect of the term or condition is to cause an official to engage in an
activity described in this section.
(2) At the time that the term or condition is imposed, an applicant must pay a
fee as follows:
(a) $350 for each site inspection an official must conduct, unless subsection (3)
applies;
(b) $150 for each of the following that an official must administer, process,
prepare, review, execute, file or register, other than in the context of an application:
(
i) a contract or similar legal instrument, report, survey, map or a form of security;
(ii) a record that must be approved, filed or registered under an enactment;
(iii) a plan within the meaning of
section 19 [registration restrictions] of the Act or a covenant, including related records necessary for deposit of the
plan or covenant with a Registrar of Titles.
(3) On the annual date set by the commission, an applicant must pay a fee as follows
for each year or part of a year that an official monitors activities conducted on
agricultural land:
(a) $500 for agricultural land surveyed as being less than 0.8 ha;
(b) $1 000 for agricultural land surveyed as being between 0.8 ha and 4 ha;
(c) $2 000 for agricultural land surveyed as being more than 4 ha.
Publishing the status of applications
(1) The commission must publish the following information in respect of each application:
(
a) the date on which the application was received;
(
b) in general terms, the intent of the application;
(
c) the name of the applicant;
(
d) the dates on which the commission began and completed its review of the application;
(
e) the commission's determination and the reasons for it.
(2) For the purposes of subsection (1),
(
a) publication must be on a website maintained by or on behalf of the commission,
and
(
b) published information must be kept current.
Division 2 – Commission Proposals and Local and First Nation Government
Applications
for Inclusion or Exclusion
Proposals by commission
13 If the commission is proposing on the commission's own initiative to include land
in, or exclude agricultural land from, the agricultural land reserve, the commission
must do all of the following:
(
a) give notice of the proposal not less than 3 days and not more than 10 days
before the date of the public hearing;
(
b) give a copy of the proposal and supporting material to each local government
or first nation government whose interests, the commission believes, will be affected
by the application;
(
c) post a sign, in a form and manner acceptable to the commission, on the land
that is the subject of the application.
Applications by local or first nation government applicants
(1) If a local or first nation government applicant is applying to include land in,
or exclude agricultural land from, the agricultural land reserve, the applicant must
do all of the following:
(
a) give notice of the application not less than 3 days and not more than 10 days
before the date of the public hearing;
(
b) give a copy of the application to the following:
(
i) if the land that is the subject of the application is adjacent to an area
over which a different local government or first nation government has jurisdiction,
that different local government or first nation government;
(ii) each local government or first nation government whose interests, the local
or first nation government applicant believes, will be affected by the application;
(
c) include with the application
(
i) a report of the public hearing and any additional public comments, and
(ii) any other supporting material the commission may require;
(
d) post a sign, in a form and manner acceptable to the commission, on the land
that is the subject of the application.
(2) Despite subsection (1) (b), a local or first nation government applicant is
not required to give a copy of an application to a first nation government referred
to in paragraph (
b) of the definition of "first nation government" in
section 1 of
the Act.
Notice of public hearing
(1) A notice of a public hearing must be given in accordance with this
section by
(
a) the commission, in respect of a proposal on the commissions' own initiative
to include land in, or exclude agricultural land from, the agricultural land reserve,
and
(
b) a local or first nation government applicant, in respect of an application
by the applicant to include land in, or exclude agricultural land from, the agricultural
land reserve.
(2) The notice must do all of the following:
(
a) state the general intent of the proposal or application;
(
b) identify the land affected, whether by using the legal description or by describing
the land generally;
(
c) state the date, time and place of the public hearing;
(
d) state when and where a copy of the proposal or application may be inspected.
(3) The notice must be published as follows:
(
a) publication must be in at least 2 issues of a newspaper within the meaning
of the Community Charter ;
(
b) the newspaper must be circulated in the municipality, regional district or
settlement lands within which the land that is the subject of the proposal or application
is located;
(
c) the last publication must be circulated not less than 3 days and not more
than 10 days before the date of the public hearing.
(4) Despite subsection (3) of this section, if the requirements of that subsection are
not practical, the commission or local or first nation government applicant, as applicable,
may give notice in the same manner as a council may give notice under
section 94 (4)
and (5) of the Community Charter .
Division 3 – Public Body Applications for Exclusion
Public body applicants
(1) An applicant to exclude agricultural land from the agricultural land reserve
is a public body applicant if the applicant is the owner of the agricultural land
and is
(
a) the Province, a local government or a first nation government, or
(
b) a person or body listed in subsection (2).
(2) The following are prescribed for the purposes of
section 29 (1) (a) (ii) [exclusion applications] of the Act:
(
a) a regional health board designated under
section 4 (1) of the Health Authorities Act ;
(
b) an educational body within the meaning of the Freedom of Information and Protection of Privacy Act ;
(
c) an improvement district within the meaning of the Local Government Act ;
(
d) BC Transportation Financing Authority;
(
e) British Columbia Housing Management Commission;
(
f) British Columbia Hydro and Power Authority;
(
g) South Coast British Columbia Transportation Authority;
(
h) British Columbia Transit Corporation;
(
i) Columbia Power Corporation.
Exclusion applications by public body applicants
17 If a public body applicant is applying to exclude agricultural land from the agricultural
land reserve, the public body applicant must do all of the following:
(
a) give notice of the application not less than 3 days and not more than 10 days
before the date of the public hearing;
(
b) give a copy of the application to any local government or first nation government
that has jurisdiction over land that shares a common boundary with the agricultural
land that is the subject of the application;
(
c) include with the application a copy of the notice required under paragraph (a);
(
d) post a sign, in a form and manner acceptable to the commission, on the land
that is the subject of the application.
Responses to exclusion applications
(1) If a public body applicant receives a response to a notice given under
section 17 (a)
[exclusion applications by public body applicants] , the applicant must promptly forward the response to the local government or first
nation government that has jurisdiction over the agricultural land that is the subject
of the application.
(2) A local government or first nation government that receives a copy of an application
under
section 17 (
b) may respond to the application by giving comments and recommendations
to the local government or first nation government that has jurisdiction over the
agricultural land that is the subject of the application.
Public hearing and public information meeting
19 If a public body applicant is applying to exclude agricultural land from the agricultural
land reserve,
(
a) the applicant must give notice of a public hearing in accordance with
section 15 (2)
to (4) [notice of public hearing] as if the applicant were a local or first nation government applicant, and
(
b) the commission, or the local government or first nation government that has
jurisdiction over the agricultural land that is the subject of the application, may,
in addition to the public hearing, hold a public information meeting with respect
to that application.
Division 4 – Commission Meeting on Exclusion Application
Commission meeting
(1) The commission must do all of the following:
(
a) hold a meeting to determine an exclusion application;
(
b) not more than 30 days before the meeting, give written notice of the meeting
(
i) the applicant,
(ii) the local government or first nation government that has jurisdiction over
the agricultural land that is the subject of the application, and
(iii) if the commission considers it advisable, each owner of agricultural land
that shares a common boundary with, or is separated by a public road right of way
from, the agricultural land that is the subject of the application;
(
c) before the meeting, give notice to the applicant of the following:
(
i) the information, if any, related to the application that will be considered
at the meeting;
(ii) any new information that becomes available.
(2) At the meeting, the commission may do one or more of the following:
(
a) hear representations from the applicant;
(
b) accept written submissions or any other form of evidence, whether or not it
would be admissible as evidence in a court of law;
(
c) hear representations, evidence and opinions the commission considers relevant
(
i) any person present or represented at the meeting, and
(ii) the local government or first nation government that has jurisdiction over
the agricultural land that is the subject of the application.
Evidence presented at meeting
(1) This
section applies if
(
a) evidence is presented at a meeting of the commission held to determine an
exclusion application, and
(
b) a statement or
summary of that evidence has not been given to the applicant
before the meeting.
(2) If the applicant is present at the meeting, the commission may
(
a) hear further representations in respect of the evidence, or
(
b) adjourn the meeting to enable the applicant to answer the evidence.
(3) If the applicant is not present at the meeting, the commission must notify
the applicant personally or by registered or electronic mail of
(
a) the evidence, and
(
b) the date by which the additional evidence may be answered.
Division 5 – Other Applications
Transportation and utility use applications
(1) For the purposes of
section 34 (1) (d) [local government or first nation government review not required] of the Act, an application for any of the following uses must, unless the use is
permitted under the Agricultural Land Reserve Use Regulation, be filed directly with
the commission:
(
a) construction for the purpose of widening an existing road right of way;
(
b) construction of a road within an existing right of way;
(
c) construction of any of the following:
(
i) a new road, railway or recreational trail;
(ii) a new forest service road under the Forest Act ;
(iii) a utility corridor use;
(iv) a sewer or water line other than for ancillary utility connections;
(
d) a new use of an existing right of way for a recreational trail.
(2) If the applicant is not the owner of the agricultural land that is the subject
of the application, the applicant must give notice of the application to the owner
within the period stated by the commission.
Fill placement applications
23 The commission must reject an application for permission to place fill on agricultural
land if the fill to be placed includes any of the materials referred to in
section 36
[prohibited fill] of the Agricultural Land Reserve Use Regulation.
Part 4 – General
Division 1 – Commission Members and Duties
Definition
24 In sections 25 [residency information] and 26 [determining residency in administrative region] , "director" means the director of the office of the government that is responsible for the recruitment
and recommendation of candidates for appointments to all Crown corporations, agencies,
boards and commissions.
Residency information
(1) A person is a resident of an administrative region if the person
(
a) is a citizen or permanent resident of Canada,
(
b) resides in the administrative region, and
(
c) intends to return to the administrative region when absent.
(2) A person seeking to be appointed as a member of the commission must do all
of the following:
(
a) identify to the director, in writing,
(
i) the administrative region of which the person is a resident, and
(ii) either the regional district in which the person is a resident or, if the
person resides in the area referred to in
section 4 (
b) of the
Schedule to the Act,
that area;
(
b) provide supporting evidence for the purpose of subsection (1).
(3) The director may request additional supporting evidence to that provided under
subsection (2) (b).
Determining residency in administrative region
(1) If the director is satisfied that a person seeking to be appointed as a member
of the commission is a resident of the administrative region identified by the person
under
section 25 (2) (a) (i) [residency information] , the director must provide confirmation of that fact and the information provided
under that
section to
(
a) the Lieutenant Governor in Council, in the case of a person seeking to be
appointed as chair of the commission, and
(
b) the minister, in any other case of a person seeking to be appointed as a member
of the commission.
(2) Confirmation by the director that a person is a resident of an administrative
region must be in writing and is final and binding.
Mapping of agricultural land reserve boundaries
27 The commission must ensure that
(
a) the agricultural land reserve boundary is represented on maps using technology,
standards and security procedures the commission considers appropriate, and
(
b) a map referred to in paragraph (
a) is updated as soon as reasonably practicable
after becoming aware that the agricultural land reserve boundary is not accurately
represented on the map.
Reports to minister
28 The commission must submit to the minister reports as follows:
(
a) before June 30 of each year, an annual report that includes information respecting
the financial operation of the commission and a financial statement
(
i) showing the commission's financial operations for the 2 preceding financial
years, and
(ii) prepared in accordance with generally accepted accounting principles and
the accounting policies and practices established by Treasury Board;
(
b) on request of the minister, a report that includes the following information
with respect to the period specified by the minister:
(
i) information specified by the minister respecting the administration of the
Act by the commission and the expenditure of the budget allocated to the commission;
(ii) information respecting expenditures in relation to specific budget allocations.
Publishing reports
(1) Subject to subsection (2) of this section, the commission must publish on a website
maintained by or on behalf of the commission a report submitted under
(
a) section 44 [report and recommendations respecting matters referred to the board] of the Act, and
(
b) section 28 [reports to minister] of this regulation, no earlier than 60 days and not later than 90 days after submitting
the report.
(2) The minister may direct the commission not to publish any part of a report
that, in the opinion of the minister, contains information that would be protected
from disclosure under Division 2 of
Part 2 of the Freedom of Information and Protection of Privacy Act , whether the information relates to the commission or to the government.
Division 2 – Enforcement
Penalties for contraventions
(1) The chief executive officer must consider all of the following before levying
a penalty against a person for contravening the Act, the regulations or an order of
the commission:
(
a) the gravity and magnitude of the contravention;
(
b) whether the contravention was deliberate, repeated or continuous;
(
c) whether there has been any contravention of a similar nature by the person;
(
d) whether the person derived an economic benefit from the contravention;
(
e) the person's cooperativeness and efforts to correct the contravention;
(
f) the degree to which the contravention detrimentally affected or impaired the
agricultural capability of agricultural land or its suitability for farming.
(2) The maximum penalty which the chief executive officer may levy is as follows:
(
a) for any single contravention, $100 000;
(
b) for a subsequent contravention, double the amount of the penalty levied for
the first contravention.
Notice of action
(1) In this section, "action" means a determination or an order made, or a penalty levied, under
section 50 [stop work order] , 52 [determinations and remediation orders] or 54 (1) [penalties levied by chief executive officer] of the Act.
(2) An official who takes an action must give notice of the action to the person
against whom it is taken.
(3) If the chief executive officer levies a penalty against a person for contravening
the Act, the regulations or an order of the commission, the chief executive officer
must set out all of the following in the notice:
(
a) the nature of the contravention;
(
b) the amount of the penalty;
(
c) the date by which the penalty must be paid;
(
d) a description of the person's right to appeal the penalty.
Giving a notice of action
(1) An official who is required to give notice under
section 31 (2) [notice of action] must give the notice by one or more of the following means:
(
a) personally;
(
b) by registered mail sent to the person's last known address;
(
c) by electronic mail sent to the person's last known electronic mail address;
(
d) by posting the notice at a conspicuous location on the agricultural land that
is the subject of the notice.
(2) Notice is deemed to have been received by the person who is the subject of
the notice as follows:
(
a) if sent in accordance with subsection (1) (b), on the 14th day after deposit
with Canada Post unless the person actually received the notice before that day;
(
b) if sent in accordance with subsection (1) (c), as follows:
(
i) as provided for under
section 18 (2) of the Electronic Transactions Act ;
(ii) despite subparagraph (i), no later than 96 hours after the notice was sent.
Division 3 – Other Matters
Service and receipt of notice and records generally
33 Except as otherwise set out in this regulation,
(
a) if the commission is required to give a notice under the Act, the commission
may determine the form and manner of giving the notice, and
(
b) if a person other than the commission is required to give a notice under the
Act, the person must do so in a form and manner acceptable to the commission.
Notice of statutory right of way
(1) For the purposes of
section 18.1 (3) [notice of statutory right of way] of the Act, the form issued by the commission to the applicant under subsection
(2) of this section, confirming that the commission received notice in accordance
section 18.1 (2)
of the Act, is proof that notice has been given as required under that section.
(2) The commission
(
a) must, if it received notice in accordance with
section 18.1 (2) of the Act,
issue a form confirming that fact, and
(
b) may issue the form electronically or otherwise.
Fee if notice of intent to remove soil or place fill
35 A person who submits to the chief executive officer a notice of intent to remove
soil or place fill on agricultural land must pay a fee of $150.
Delegation to Oil and Gas Commission
36 The commissioner appointed under the Oil and Gas Activities Act is prescribed as a public officer for the purposes of
section 26 (1) (b) [delegation of powers respecting applications] of the Agricultural Land Commission Act .
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