British Columbia Order in Council — Amendment to Agricultural Land Reserve Use Regulation (O.C. 438/2021)

O.C. 438/2021

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effe ctive December 31, 2021, the Agricultu ral Land Reserve Use Regulation, B.C. Reg. 30/2019, is amended as set out in the attached Schedule. Minister of Agriculture, Food and Fisheries Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Agriculture Land Commission Act, S.B.C. 2002, c. 36, ss. 58 (2) and 58.6

(3) Other: OIC 67/2019 R10499003 July 12, 2021

SCHEDULE The Agricultural Land Reserve Use Regu lation, B.C. Reg. 30/2019, is amended by adding the following heading to Part before

section 28: Division 1 – Residential Uses Generally . 2

Section is amended by striking out “

section 32 [additional residences]” and substi- tuting “Division 2 [Additional Residences]”. 3

Section is repealed. 4 The following Division is added to

Part 4: Division 2 – Additional Residences Pre-existing residential structures constructed before February 22, 2019 34.1

(1) The use of agricultural land for an additional residence that is a pre-existing residential structure is permitted if (

a) the residence is constructed in accordance with all applicable enactments, and (

b) on February 22, 2019, the size, siti ng and use of the residence complied with

section 3 (1) (b) (ii) or (b.1) (ii) or (iii) of the Agricultural Land Reserve Use, Subdivision and Proce dure Regulation, B.C. Reg. 171/2002, as it read on February 21, 2019.

(2) The size and siting of a residence permitted under this

section must not be altered unless one of the following applies: (

a) the alteration is permitted un der

section or of the Act; (

b) in the case of a manufactured home, the alteration does not increase the size of the manufactured home; (

c) in the case of residence that is not a manufactured home, the alteration does not increase the total area occupied by all residences and other residential structures, roads and service lines, and all agricultural land between them. Manufactured homes constructed between July 4, 2019 and December 31, 2021 34.2

(1) The use of agricultural land for an add itional residence that is a manufactured home and that is not a pre-existing residential structure is permitted if (

a) the residence is constructed in accordance with all applicable enactments, and (

b) on December 31, 2021, all conditions wi th respect to the residence imposed under

section 32 (3), as it read on December 30, 2021, were met.

(2) The size and siting of a residence permitted under this

section must not be altered unless permitted under

section or of the Act. Additional residences constructed after December 30, 2021 34.3

(1) The use of agricultural land for an additional residence for which construction begins after December 30, 2021 is permitte d on a parcel if all of the following conditions are met: (

a) at the time that construction begins , the parcel has located on it only one residence, whether or not a secondary suite is located in the residence as permitted under

section 31; (

b) neither residence will be attached to , nor be part of, the other residence; (

c) one of the following applies to the residences, as constructed: (

i) if the parcel is ha or less, there will be (

A) one residence, the total floor area of which is m or less, and (

B) one residence, the total floor area of which is m2 or less; (ii) if the parcel is more than ha, there will be (

A) one residence, the total floor ar ea of which is any size permitted under the Act, and (

B) one residence, the total floor area of which is m2 or less.

(2) The size of a residence permitted under this

section must not be altered unless one of the following applies: (

a) the alteration is permitted un der

section or of the Act; (

b) the alteration does not increase th e size of the residence beyond the size permitted under subsection (1) (c).

(3) Nothing in this

section prevents th e granting of permission, under

section or of the Act, for additional residences to be constructed after the additional residence permitted under this section.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 438/2021
Type	order_in_council
Volume / chapter	arc oic 0438 2021
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e4f42a0dfd4867ba1e65ba1f284acaea23a21578

Source file is stored in the law ingest library (pdf).