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Volume 65, No. 4

36/2022

The British Columbia Gazette,

Part II

March 1, 2022

B.C. Reg. 36/2022 , deposited February 18, 2022, under the AGRICULTURAL LAND COMMISSION ACT [section 58]. Order in Council 83/2022, approved and ordered February 18, 2022.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective August 31, 2022, the Agricultural Land Reserve Use Regulation, B.C. Reg. 30/2019, is amended as set out in the attached Schedule.

— L. POPHAM, Minister of Agriculture, Food and Fisheries ; M. MARK, Presiding Member of the Executive Council .

Schedule

Section 1 of the Agricultural Land Reserve Use Regulation, B.C. Reg. 30/2019, is amended by adding the following definition:

"controlled environment structure" means a structure that provides a controlled environment intended to intensify crop production, including, without limitation,

(

a) a vertical farming system,

(

b) a rotating tray system, or

(

c) any other structure that minimizes the use of land, controls the use of light, air, water or nutrients or relies in whole or in part on automation,

but not including

(

d) a greenhouse,

(

e) a structure for mushroom production, or

(

f) a structure described in

section 8 (1) (

b) or (2) that is used for producing cannabis in accordance with

section 8; .

Part 2 is amended by adding the following Division before

section 4:

Division 1 – Farm Uses That May Be Prohibited

Controlled environment structures

3.1 The use of agricultural land to construct, maintain or operate a controlled environment structure is designated as a farm use.

3 The following heading is added after

section 3.1:

Division 2 – Farm Uses That May Not Be Prohibited .

4 Sections 4 and 5 (1) are amended by striking out " this Part " and substituting " this Division ".

5 The following

section is added to

Part 2:

Controlled environment structures

13.1 The use of agricultural land to construct, maintain or operate a controlled environment structure may not be prohibited as described in

section 4 if

(

a) the structure that is being constructed, maintained or operated as a controlled environment structure was constructed or was under construction before August 31, 2022, and

(

b) the structure is constructed in accordance with all applicable authorizations and enactments.

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