The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 29th day of May, 2014
Craig James, Clerk of the House
HONOURABLE PAT PIMM
MINISTER OF AGRICULTURE
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 (1) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is amended by adding the following definitions:
"executive committee" means the executive committee of the commission established under section 10;
"panel" means a panel established under section 11;
"panel region" means a panel region established under section 4.1;
"zone" means a zone established under section 4.2.
2 The following sections are added:
4.1 The following panel regions are established, consisting of the geographic areas of British Columbia as set out in the Schedule:
(a) the Interior Panel Region;
(b) the Island Panel Region;
(c) the Kootenay Panel Region;
(d) the North Panel Region;
(e) the Okanagan Panel Region;
(f) the South Coast Panel Region.
4.2 The following zones are established:
(a) Zone 1, consisting of the Island Panel Region, the Okanagan Panel Region and the South Coast Panel Region;
(b) Zone 2, consisting of all geographic areas of British Columbia not in Zone 1.
4.3 When exercising a power under this Act in relation to land located in Zone 2, the commission must consider all of the following, in descending order of priority:
(a) the purposes of the commission set out in section 6;
(b) economic, cultural and social values;
(c) regional and community planning objectives;
(d) other prescribed considerations.
3 Section 5 is amended
(a) in subsection (1) by striking out "at least 7 individuals" and substituting "at least 13 individuals",
(b) by repealing subsection (2) and substituting the following:
(2) The Lieutenant Governor in Council must appoint the following members of the commission after a merit based process:
(a) one chair of the commission;
(b) 6 vice chairs of the commission, each of whom must be resident in a different panel region. ,
(c) in subsection (3) by striking out "after a merit based process and consultation with the chair." and substituting "after a merit based process.", and
(d) by adding the following subsections:
(3.1) In the event that there is no member of the commission, other than the chair or vice chairs, resident in a particular panel region, the minister must within 90 days appoint a resident of the panel region as a member of the commission under subsection (3).
(3.2) If a member of the commission, including a vice chair but excluding the chair, ceases to be a resident of the panel region in which the member was resident at the time of appointment, the appointment expires on the date on which the member ceases to be a resident of that panel region.
4 Section 8 (3) is amended by striking out "necessary for the purposes of the commission," and substituting "necessary for the operations of the commission,".
5 Section 10 (3) is amended by striking out "The commission" and substituting "Subject to sections 11.1 and 11.2, the commission".
6 Section 11 is repealed and the following substituted:
11 (1) A panel is established for each panel region.
(2) Each vice chair is the chair of the panel for the panel region in which he or she is resident.
(3) Each member of the commission other than the chair of the commission is a member of the panel for the panel region in which he or she is resident.
(4) The chair of the commission may designate a member of a panel for a panel region as acting chair of the panel in the absence of the chair of the panel.
11.1 (1) Subject to subsections (2) to (4), the chair of the commission may refer any matter to a panel.
(2) Subject to section 11.2, the chair of the commission must refer an application under section 17 (1) (b) or (c) or (3), 20 (3), 21 (2), 29 (1) or 30 (1) in relation to land located within a panel region to the panel established for the panel region.
(3) If the commission decides to reconsider under section 33 a decision in an application referred to a panel under subsection (2), the chair of the commission must refer the reconsideration of the original decision to the panel that made the original decision.
(4) This section does not apply to the following:
(a) an application for which the power to decide has been delegated to a local government, first nation or authority under section 26;
(b) an application that the chief executive officer may approve under section 27;
(c) an application that the chief executive officer has refused under section 30.1;
(d) a reconsideration of a decision of a panel under section 33.1;
(e) an appeal under section 55.
(5) A panel has all the powers, duties and functions of the commission in relation to an application or other matter referred to it, and a decision of a panel is for all purposes a decision of the commission.
11.2 (1) Subject to the regulations, if any, the chair of the commission may refer an application to the executive committee if he or she determines that any of the following apply:
(a) the application may be of provincial importance;
(b) the application raises an issue that is novel or is otherwise of general importance for the administration of the Act;
(c) the determination of the application may substantially affect more than one panel region.
(2) Without deciding an application referred to it under section 11.1 (1) or (2), a panel may refer the application to the executive committee.
(3) The executive committee has all the powers, duties and functions of the commission in relation to an application referred to it under this section, and a decision of the executive committee is for all purposes a decision of the commission.
7 Section 12 (2) is repealed and the following substituted:
(2) At the times, and in the form and manner, prescribed by regulation, the commission must submit to the minister the following:
(a) a review of its operations during the preceding period;
(b) performance indicators for the preceding period;
(c) details on the nature and number of applications and other matters received or commenced by the commission during the preceding period;
(d) details of the time from filing or commencement to disposition of the applications and other matters disposed of in the preceding period;
(e) results of any surveys carried out by or on behalf of the commission during the preceding period;
(f) a forecast of workload for the succeeding period;
(g) trends or special problems foreseen by the commission;
(h) plans for improving the commission's operations in the future;
(i) other information as prescribed.
(2.1) The minister may, by order, set performance indicators for the purpose of subsection (2) (b).
8 Section 33.1 (1) is amended
(a) by striking out "established under section 11 (2)" and substituting "established under section 11 (1)", and
(b) by repealing paragraph (a) and substituting the following:
(a) the chair considers that the decision
(i) may not fulfill the purposes of the commission as set out in section 6, or
(ii) does not adequately take into consideration the considerations set out in section 4.3, if applicable, and .
9 Section 43 (5) is repealed and the following substituted:
(5) The board must hold at least one public hearing with respect to the matter in each panel region.
10 Section 44 is amended
(a) in subsection (3) by striking out "the board must give weight" and substituting "in relation to land located in Zone 1, the board must give weight", and
(b) by adding the following subsection:
(3.1) In making the recommendations referred to in subsection (2), in relation to land located in Zone 2, the board must give weight to the considerations set out in section 4.3 (a) to (d), in descending order of priority.
11 Section 45 (2) is amended by striking out "Section 44 (3) applies" and substituting "Section 44 (3) and (3.1) applies".
12 Section 58 is amended
(a) in subsection (2) by adding the following paragraphs:
(c.1) prescribing additional considerations that the commission must consider in Zone 2;
(c.2) for the purposes of section 5, either or both of the following:
(i) prescribing criteria a person must meet to be considered a resident of a panel region;
(ii) conferring a discretion on the chair or another body or person for the purpose of determining whether, or the date on which, a person meets or ceases to meet the criteria to be considered a resident of a panel region;
(e.1) respecting considerations that the chair of the commission must consider in making a determination under section 11.2 (1);
(e.2) specifying applications and types of applications that
(i) are or are not of provincial importance for the purposes of section 11.2 (1) (a),
(ii) do or do not raise an issue that is novel or is otherwise of general importance for the administration of the Act for the purposes of section 11.2 (1) (b), or
(iii) do or do not substantially affect more than one panel region for the purposes of section 11.2 (1) (c);
(e.3) prescribing the timing, content, form and manner of providing information under section 12;
(e.4) prescribing additional information required under section 12;
(e.5) prescribing the making of certain information public, and the manner of making it public;
(r) defining a word or expression used but not defined in this Act;
(s) respecting any other matter for which regulations are contemplated by this Act. ,
(b) in subsection (3) (f) by striking out "policies and procedures" and substituting "policies, procedures, rules and requirements", and
(c) by adding the following subsection:
(7) Regulations under subsections (2) (b), (h), (j) and (s) and (3) (f) may be different for different zones.
13 The following Schedule is added:
1 For the purpose of section 4.1 (a), the Interior Panel Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:
(a) Cariboo Regional District;
(b) Central Coast Regional District;
(c) Thompson-Nicola Regional District;
(d) the part of Squamish-Lillooet Regional District that is north and east of a line commencing at the intersection of latitude 50º 24' 54.5" north and longitude 122º west and then proceeding due north to the intersection of latitude 50º 45' north and longitude 122º west and then proceeding due west to the intersection of latitude 50º 45' north and longitude 123º west and then proceeding due north and terminating at the intersection of latitude 51º 11' 47.63" north and longitude 123º west.
2 For the purpose of section 4.1 (b), the Island Panel Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:
(a) Regional District of Alberni-Clayoquot;
(b) Capital Regional District;
(c) Comox Valley Regional District;
(d) Cowichan Valley Regional District;
(e) Regional District of Mount Waddington;
(f) Regional District of Nanaimo;
(g) Powell River Regional District;
(h) Strathcona Regional District.
3 For the purpose of section 4.1 (c), the Kootenay Panel Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:
(a) Regional District of Central Kootenay;
(b) Regional District of East Kootenay;
(c) Regional District of Kootenay Boundary;
(d) the part of Columbia-Shuswap Regional District that is south and east of a line commencing at the intersection of latitude 50º 52' 58.23" north and longitude 117º 30' west and proceeding due north to the intersection of latitude 51º 45' north and longitude 117º 30' west and then proceeding due east and terminating at latitude 51º 45' north and longitude 116º 57' 40" west.
4 For the purpose of section 4.1 (d), the North Panel Region consists of the following:
(a) the geographic area of British Columbia within the boundaries of the following regional districts and regional municipalities, as those boundaries existed on January 1, 2014:
(i) Regional District of Bulkley-Nechako;
(ii) Regional District of Fraser-Fort George;
(iii) Regional District of Kitimat-Stikine;
(iv) Northern Rockies Regional Municipality;
(v) Peace River Regional District;
(vi) Skeena-Queen Charlotte Regional District;
(b) all the land in British Columbia that is not within the boundaries of a regional district or a regional municipality, as those boundaries existed on January 1, 2014.
5 For the purpose of section 4.1 (e), the Okanagan Panel Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:
(a) Regional District of Central Okanagan;
(b) Regional District of North Okanagan;
(c) Regional District of Okanagan-Similkameen;
(d) Columbia-Shuswap Regional District, except the part of Columbia-Shuswap Regional District that is south and east of a line commencing at the intersection of latitude 50º 52' 58.23" north and longitude 117º 30' west and proceeding due north to the intersection of latitude 51º 45' north and longitude 117º 30' west and then proceeding due east and terminating at latitude 51º 45' north and longitude 116º 57' 40" west.
6 For the purpose of section 4.1 (f), the South Coast Panel Region consists of the geographic area of British Columbia within the boundaries of the following regional districts, as those boundaries existed on January 1, 2014:
(a) Fraser Valley Regional District;
(b) Greater Vancouver Regional District;
(c) Sunshine Coast Regional District;
(d) Squamish-Lillooet Regional District, except the part of Squamish-Lillooet Regional District that is north and east of a line commencing at the intersection of latitude 50º 24' 54.5" north and longitude 122º west and then proceeding due north to the intersection of latitude 50º 45' north and longitude 122º west and then proceeding due west to the intersection of latitude 50º 45' north and longitude 123º west and then proceeding due north and terminating at the intersection of latitude 51º 11' 47.63" north and longitude 123º west.
Local Government Act
14 Section 872 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following definitions:
"agricultural land" has the same meaning as in the Agricultural Land Commission Act;
"Agricultural Land Commission" means the Provincial Agricultural Land Commission established under section 4 of the Agricultural Land Commission Act; .
15 Section 879 is amended by adding the following subsection:
(4) If the development of an official community plan, or the repeal or amendment of an official community plan, might affect agricultural land, the proposing local government must consult with the Agricultural Land Commission.
16 This Act comes into force by regulation of the Lieutenant Governor in Council.