The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 30th day of May, 2019
Kate Ryan-Lloyd, Acting Clerk of the House
HONOURABLE LANA POPHAM
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
(a) in the definition of "exclusion application" by striking out "or 30 (1)", and
(b) by repealing the definition of "panel region" and substituting the following:
"administrative region" means an administrative region established under section 4.1; .
2 Section 4.1 is amended
(a) by striking out "panel regions" and substituting "administrative regions", and
(b) by striking out "Panel Region" wherever it appears and substituting "Administrative Region".
3 Section 5 is repealed and the following substituted:
5 (1) The commission consists of at least 11 members appointed under this section as follows:
(a) the Lieutenant Governor in Council must appoint the chair;
(b) the minister must appoint the other members after consulting with the chair;
(c) appointments must be made using a merit-based process to select individuals who are knowledgeable in matters relating to agriculture, land use planning, local government or first nation government;
(d) members must be residents of administrative regions, with at least one but no more than 3 members, other than the chair, representing each region;
(e) if more than one member represents the same administrative region, each member must be a resident of a different regional district incorporated under the Local Government Act.
(2) The chair may appoint one or more vice chairs from the persons appointed under subsection (1) (b).
(3) If a member, other than the chair, ceases to be a resident of the administrative region in which the member was a resident at the time of appointment, the member's appointment expires on the date on which the member's residency ceases.
(4) If there is no member, other than the chair, who is a resident of a particular administrative region, the minister must within 90 days appoint a resident of that administrative region as a member in accordance with subsection (1).
(5) The members are the board of directors of the commission.
4 Section 5.1 is amended
(a) in paragraph (b) by striking out ", except section 3 (1) [member's initial term]", and
(b) by adding the following paragraph:
(d.1) section 30 [tribunal duties]; .
5 Section 6 is amended
(a) by renumbering the section as section 6 (1), and
(b) by adding the following subsection:
(2) The commission, to fulfill its purposes under subsection (1), must give priority to protecting and enhancing all of the following in exercising its powers and performing its duties under this Act:
(a) the size, integrity and continuity of the land base of the agricultural land reserve;
(b) the use of the agricultural land reserve for farm use.
6 Section 8 is amended
(a) in subsection (1) by striking out "The Lieutenant Governor in Council" and substituting "On consultation with the chair of the commission, the Lieutenant Governor in Council",
(b) in subsection (2) by striking out "functions and", and
(c) in subsection (3) by striking out "The commission may" and substituting "The chief executive officer may".
7 Section 9 is amended by striking out "and functions".
8 Section 10 is amended
(a) in subsection (1) by striking out "comprised of" and substituting "comprising",
(b) by repealing subsection (3) and substituting the following:
(3) The commission may delegate to the executive committee any of its powers or duties. , and
(c) by adding the following subsection:
(4) In relation to a matter delegated by the commission to the executive committee,
(a) the executive committee has all the powers and duties of the commission, and
(b) a decision of the executive committee is for all purposes a decision of the commission.
9 Sections 11 to 11.2 are repealed and the following substituted:
11 (1) The chair of the commission may establish panels consisting of 2 or more members of the commission.
(2) For the purpose of establishing panels, the chair may consider administrative regions, expertise of panel members, the type of application under consideration and any other criteria the chair may determine.
(3) The chair may designate a member of the commission to chair a panel.
(4) For the purpose of exercising a power or performing a duty under this Act, the commission, a panel and the executive committee may rely on advice, information or findings from any panel.
11.1 (1) The chair of the commission may refer to a panel any of the following:
(a) subject to subsection (2), a power or duty of the commission under this Act;
(b) without limiting paragraph (a), the reconsideration of a decision for the purposes of section 33;
(c) the provision of advice, information or findings to the commission, the executive committee or another panel.
(2) The chair must not refer to a panel any of the following:
(a) the power to determine an application
(i) that may be of provincial importance,
(ii) that raises an issue that is novel or is otherwise of general importance for the administration of the Act, or
(iii) if the determination may substantively affect more than one administrative region;
(b) an application
(i) for which the power to decide has been delegated under section 26, or
(ii) that the chief executive officer may approve under section 27;
(c) a reconsideration under section 33.1 of a decision made by a panel.
(3) In relation to an application or other matter referred to a panel,
(a) the panel has all the powers and duties of the commission, and
(b) a decision made by the panel is for all purposes a decision of the commission.
10 Sections 12 (2) and (2.1) and 13 are repealed.
11 Section 17 (3) is amended by striking out "the application land within" and substituting "the application as land within".
12 Section 17.1 is amended by striking out "section 29 (1) (a), 30 (2) (b) or 45 (1)" and substituting "section 29.1 (2) (b), 30 (1) (a) or 45 (1)".
13 The following section is added:
18.1 (1) In this section, "statutory right of way" means a statutory right of way as described in section 218 of the Land Title Act that extends fully or partially over land within the agricultural land reserve.
(2) Before applying to register a charge granting or otherwise creating a statutory right of way, the applicant must give notice, in the prescribed form and manner, to the commission.
(3) A Registrar of Titles must not register a charge granting or otherwise creating a statutory right of way unless the application to register the charge is accompanied by proof, given in the prescribed form and manner, that notice has been given as required under subsection (2) of this section.
14 Section 19 (2) is amended by striking out "registrar of titles" and substituting "Registrar of Titles".
15 Section 20.2 (1) is amended
(a) in the definition of "pre-existing residential structure" by repealing paragraph (a) and substituting the following:
(a) is an additional residence for which all required authorizations to construct or alter the residence were granted, , and
(b) in the definition of "unfinished pre-existing residence" by striking out "either of paragraphs (c) or (d)" and substituting "either paragraph (c) or paragraph (d)".
16 Section 23 (2) is amended by adding the following paragraph:
(a.1) the use is discontinued for a continuous period of 6 months, .
17 Section 26 is amended
(a) by repealing subsection (1) and substituting the following:
(1) The commission may enter into an agreement with any of the following to enable a first nation government or an authority to exercise some or all of the commission's power to decide use or subdivision applications:
(a) a first nation government, for applications made in respect of settlement lands within the jurisdiction of the first nation government;
(b) an agent of the government, a public officer or a public body other than a local government, for applications made in respect of land within the jurisdiction of the authority, if the agent, officer or body is prescribed by regulation. ,
(b) in subsection (3) by striking out "local government,",
(c) by repealing subsections (4) and (5) and substituting the following:
(4) A decision made under this section must be made as follows:
(a) in the case of a decision of a first nation government, by a law of the first nation government;
(b) in the case of a decision of an authority, by a resolution of the governing body of the authority.
(5) If, by an agreement entered into under subsection (1) of this section, the commission delegates its power to decide applications under section 25 to a first nation government or an authority,
(a) section 6 applies to the first nation government or the authority for the purposes of deciding use or subdivision applications, and
(b) the decision of the first nation government or the authority is a decision of the commission for the purposes of this Act. ,
(d) in subsection (6) by striking out "the local government or first nation government under section 34 (3)" and substituting "a local government or first nation government under section 34.1 (1)",
(e) in subsection (7) by striking out "a local government,",
(f) in subsection (7) (a) by striking out "local government,",
(g) in subsection (7) (a.1) by striking out "section 34.1" and substituting "section 35.1" and by striking out "local government,", and
(h) by adding the following subsection:
(9) The Financial Administration Act does not apply in relation to a fee collected under this section.
18 Section 27 (6) is amended by striking out "a local government,".
19 Sections 29 and 30 are repealed and the following substituted:
29 (1) A person may apply to the commission to have land excluded from the agricultural land reserve if the person is
(a) the owner of the land and is
(i) the Province, a first nation government or a local government, or
(ii) a prescribed public body,
(b) a local government, and the land is within the local government's jurisdiction, or
(c) a first nation government, and the land is within the first nation's settlement lands.
(2) Subject to subsection (3),
(a) an applicant must give notice, in the prescribed form and manner and before making the application, of the application and of a public hearing respecting that application, and
(b) the public hearing must be held in the prescribed manner.
(3) On request of an applicant described in subsection (1) (a), the commission may waive one or more of the requirements of subsection (2).
(4) An application made by an applicant described in subsection (1) (a) may not proceed unless authorized as follows:
(a) by a resolution of a local government if the application is made by a person other than a first nation government and, on the date the application is made, the application
(i) applies to land within the local government's jurisdiction that is zoned by bylaw to permit farm use, or
(ii) requires, in order to proceed, an amendment to an official settlement plan, official community plan, official development plan or zoning bylaw of the local government;
(b) by a law of a first nation government if the application applies to settlement lands over which the first nation has legislative authority.
29.1 (1) In this section, "decision respecting proposed settlement lands" means a decision of the commission made under subsection (2) (b) or (c) of this section on receiving an application under section 29
(a) by an applicant described in subsection (1) (a) of that section, and
(b) in relation to proposed settlement lands.
(2) On receiving an application under section 29, the commission may do one of the following:
(a) refuse permission to have land excluded from the agricultural land reserve;
(b) grant permission, with or without limits or conditions, to have land excluded from the agricultural land reserve;
(c) permit, with or without limits or conditions, a non-farm use, non-adhering residential use, soil or fill use or subdivision of land.
(3) A decision respecting proposed settlement lands is not effective unless and until
(a) those lands are established, in whole or in part, as settlement lands, and
(b) the first nation government that has jurisdiction over those settlement lands enacts a law approving the commission's decision and provides a certified copy of the law to the commission.
(4) Unless a decision respecting proposed settlement lands first becomes effective under subsection (3), the decision expires on the earlier of the following dates:
(a) the date the decision expires according to its terms;
(b) the date a notice to suspend negotiations takes effect.
(5) The commission must deliver its written decision to the applicant.
30 (1) On the commission's own initiative, the commission may do one of the following, with or without limits or conditions, as applicable:
(a) exclude land from the agricultural land reserve;
(b) permit a non-farm use, non-adhering residential use, soil or fill use or subdivision of land.
(2) Before taking action under subsection (1),
(a) the commission must give notice as required by the regulations of the commission's intentions and of a public hearing respecting those intentions, and
(b) the public hearing must be held in the prescribed manner.
(3) If the commission takes an action under subsection (1), it must deliver written notice of the action to the owner of the land.
20 Section 31 is amended by striking out "29 (1) or 30 (2) (b) or (c)" and substituting "29.1 (2) (b) or 30 (1) (b)".
21 Section 32 (b) is repealed and the following substituted:
(b) notify the Registrar of Titles and the appropriate local government or first nation government.
22 Section 33 is repealed and the following substituted:
33 (1) In this section:
"decision" means a decision made under this Act with respect to an application;
"decision maker" means the following, as applicable:
(a) the commission, in relation to a decision made by the commission;
(b) a panel, in relation to a decision made by the panel;
(c) a first nation government or an authority, in relation to a decision made by the first nation government or the authority under an agreement entered into under section 26 (1).
(2) On the written request of a person affected by a decision, or on a decision maker's own initiative, the decision maker may reconsider the decision maker's decision, and may confirm, reverse or vary the decision, if
(a) no more than 90 days have passed since the original decision was made,
(b) no previous request has been made, if reconsideration is on request and not on the decision maker's own initiative, and
(c) the decision maker determines that
(i) evidence has become available that was not available at the time of the original decision and could not have been available had the person affected by the decision exercised due diligence, or
(ii) all or part of the original decision was based on incorrect or false information.
(3) The decision maker must give notice of an intention to reconsider a decision to any person that the decision maker considers is affected by the reconsideration.
23 Section 33.1 is amended
(a) in subsection (1) by striking out "established under section 11 (1) respecting an application or other matter allocated to the panel by the chair of the commission, including a panel's reconsideration of a decision under section 33 (1)" and substituting "respecting an application or other matter referred to the panel by the chair of the commission or a panel's reconsideration of a decision under section 33 (2)",
(b) by repealing subsection (1) (a) and substituting the following:
(a) the chair considers that the decision or the reconsideration of the decision
(i) may not fulfill the purposes of the commission as set out in section 6 (1), or
(ii) fails to give priority to the matters referred to in section 6 (2), and , and
(c) in subsection (4) by striking out "powers, duties and functions" and substituting "powers and duties".
24 Sections 34 to 35 are repealed and the following substituted:
34 (1) This section applies to the following types of applications:
(a) an application made by a first nation government as the owner of proposed settlement lands, other than an inclusion application under section 17;
(b) an exclusion application made by a person referred to in section 29 (1) (b) or (c);
(c) an application for which review would be required under section 34.1, but the application is made by the local government or first nation government that would be responsible for the review;
(d) an application for a specific type of use prescribed by regulation as an application that must be filed directly with the commission;
(e) an application made under section 58.3 (1) (e), unless a regulation made under that section provides otherwise.
(2) A person may make an application described in subsection (1) by submitting the application and paying the prescribed application fee to the commission.
(3) In respect of an application described in subsection (1) (d), the commission
(a) may request comments and information from the local government or first nation government for the area in which the land described in the application is located, and
(b) if a request is made under paragraph (a) of this subsection, pay a prescribed portion of the fee received under subsection (2) to the local government or first nation government.
(4) A local government or first nation government that is paid a fee under subsection (3) (b) may retain the fee, and the Financial Administration Act does not apply in relation to that fee.
34.1 (1) A person may make an application to which section 34 does not apply by submitting the application and paying the prescribed application fee, if any, to the following, as applicable:
(a) the municipality, if the land described in the application is in a municipality;
(b) the regional district, if the land described in the application is in a regional district but not in a municipality or a local trust area;
(c) the Islands Trust, if the land described in the application is within a local trust area under the Islands Trust Act;
(d) the first nation government, if the land described in the application is in the settlement lands of a first nation.
(2) A local government or first nation government that receives an application must review the application and do one of the following:
(a) forward to the commission
(i) the application, and
(ii) the comments and recommendations of the local government or first nation government respecting the application;
(b) notify the applicant that the application will not be forwarded to the commission if
(i) the application is refused, or
(ii) the application may not, under this Act, proceed unless authorized by a resolution of the local government or a law of the first nation government and the required resolution or law is refused.
(3) If a local government or first nation government forwards an application under subsection (2) (a) to the commission, the applicant must pay the prescribed application fee, if any, to the commission.
(4) The application fee that must be paid under subsection (3) is in addition to the application fee, if any, paid under subsection (1).
(5) A local government or first nation government that collects a fee under subsection (1) may retain the fee, and the Financial Administration Act does not apply in relation to that fee.
35 (1) The commission may waive an application fee payable under section 34 (2) or 34.1 (3) if the commission considers that a case of hardship exists.
(2) A designated local government officer or an official designated for this purpose by a first nation government may waive an application fee payable under section 34.1 (1) if the designated officer or official considers that a case of hardship exists.
(3) The Financial Administration Act does not apply in relation to the waiver of a fee under this section.
35.1 If, on making a decision under section 25 (1) (b) (ii) or (iii) or 29.1 (2) (b) or (c), the commission imposes one or more limits or conditions, the person who made the application resulting in the decision must submit to the commission the following:
(a) the prescribed information and fees, if any;
(b) any other information requested by the commission, in the form and manner specified by the commission.
25 Section 36 (1) is amended
(a) by striking out "referred to in section 34" and substituting "to which section 34 or 34.1 applies", and
(b) in paragraph (a) by striking out "before submitting the application".
26 Section 40 (1) (c) (ii) and (iii) is repealed and the following substituted:
(ii) an exclusion under section 30 (1) (a), or
(iii) a permission granted under section 30 (1) (b); .
27 Section 42 (1) is amended by striking out "powers, duties and functions" and substituting "powers and duties".
28 Section 43 is amended
(a) by repealing subsection (3) (c) and (d) and substituting the following:
(c) a refusal under section 29.1 (2) (a);
(c.1) an exclusion under section 29.1 (2) (b) or 30 (1) (a);
(d) a permission granted under section 29.1 (2) (c); , and
(b) in subsection (5) by striking out "panel region" and substituting "administrative region".
29 Section 44 (3) (a) is repealed and the following substituted:
(a) agricultural values; .
30 The following sections are added:
52.1 (1) If the chief executive officer makes a remediation order under section 52 (1) in respect of agricultural land, the chief executive officer may file in the land title office a written notice containing
(a) a description of the agricultural land sufficient for the Registrar of Titles to identify the agricultural land in the records of the land title office, and
(b) a statement that
(i) an order has been issued under this Act that affects the agricultural land,
(ii) further information about the order may be inspected at the offices of the commission, and
(iii) any person who acquires an interest in the agricultural land before the order ceases to have effect is subject to the order.
(2) If a notice is filed under subsection (1) and on payment of all applicable fees imposed under the Land Title Act, the Registrar of Titles must make a note of the filing against the title to the land that is affected by the notice.
(3) In the event of any omission, mistake or misfeasance by the Registrar of Titles or the staff of the Registrar of Titles in relation to the making of a note of a filing, or the registration of a transfer or other disposition under this section,
(a) neither the Registrar of Titles, nor the government nor the Land Title and Survey Authority of British Columbia is liable vicariously, and
(b) neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under Part 19.1 [Land Title and Survey Authority Assurance Fund] of the Land Title Act.
(4) If a note is made under subsection (2) of this section, the order made under section 52 (1) and, if applicable, any variation of it are binding on all persons who acquire an interest in the agricultural land that is the subject of the order.
(5) The authority under this section is in addition to any other action that the chief executive officer or the commission is authorized to take under this Act in respect of a contravention of this Act, the regulations or an order of the commission or chief executive officer.
52.2 (1) In this section:
"affected person" means an owner of land with respect to which a remediation order note has been made;
"cancellation fee" means an amount that equals the applicable cancellation fee, if any, that must be paid under the Land Title Act to the land title office for the Registrar of Titles to cancel a remediation order note;
"cancellation notice" means a notice directing the cancellation of a remediation order note;
"filing fee" means the fee referred to in section 52.1 (2);
"remediation order" means an order made under section 52 (1);
"remediation order note" means a note made under section 52.1 (2).
(2) If a remediation order is reversed on appeal,
(a) the chief executive officer must deliver a cancellation notice to the Registrar of Titles, and
(b) an affected person is not responsible for paying either the filing fee or the cancellation fee.
(3) The chief executive officer may deliver a cancellation notice to the Registrar of Titles if the chief executive officer
(a) is satisfied that a remediation order has been or cannot be substantially complied with, and
(b) receives from an affected person payment of the fees referred to in subsection (4) (c) or (5), as applicable.
(4) An affected person may apply to the chief executive officer to have a remediation order note cancelled by giving to the chief executive officer all of the following:
(a) an application made in the form and manner required by the chief executive officer;
(b) evidence satisfactory to the chief executive officer that the remediation order has been or cannot be substantially complied with;
(c) payment of both the filing fee and the cancellation fee.
(5) The chief executive officer may, on the chief executive officer's own initiative, request payment of the filing fee and cancellation fee from an affected person if satisfied that a remediation order has been or cannot be substantially complied with.
(6) On receiving a cancellation notice and cancellation fee, if any, the Registrar of Titles must cancel the remediation order note referred to in the notice.
(7) If the chief executive officer does not deliver a cancellation notice but has received from an affected person a fee under subsection (4) (c) or (5), the chief executive officer
(a) may, if the fee was received under subsection (4) (c), refund to the affected person an amount equal to the cancellation fee, or
(b) must, if the fee was received under subsection (5), refund to the affected person an amount equal to the cancellation fee.
(8) The Financial Administration Act does not apply in relation to a fee paid or collected under this section.
52.3 Except as set out in section 52.2 (2), a person against whom an order under section 52 (1) is made is liable to the commission for fees and expenses incurred by the commission under sections 52.1 and 52.2.
31 Section 55 (2) (a) is amended by adding ", vary" after "confirm".
32 Section 55.01 (a) (vii) is repealed.
33 Section 56 is amended
(a) in subsection (1) by striking out "a local government,",
(b) in subsection (1) (a) and (b) by striking out "local government,", and
(c) by repealing subsection (2) and substituting the following:
(2) Despite section 43 of the Provincial Court Act, if a first nation government imposes a penalty under section 54 of this Act, the penalty is payable to and may be retained by the first nation government.
34 Section 57 (1) is amended by adding the following paragraph:
(c.1) an order under section 49 (1) (f) to produce a record or thing; .
35 Section 58 is repealed and the following substituted:
58 (1) The Lieutenant Governor in Council may make regulations respecting farm uses and non-farm uses as follows:
(a) designating uses of agricultural land as farm use;
(b) specifying farm uses of agricultural land that may not be prohibited by a local government enactment or a first nation government law;
(c) prescribing permitted non-farm uses for the purposes of section 20 (1);
(d) specifying permitted non-farm uses that may or may not be prohibited by a local government enactment or a first nation government law.
(2) The Lieutenant Governor in Council may make regulations respecting residential uses as follows:
(a) prescribing, by type or purpose, structures that are residential structures, including permanent and temporary structures, vehicles used as residences, roads, utilities, recreational and storage facilities and landscaping;
(b) for the purposes of section 20.1 (1) (a) and (b), respecting circumstances in which
(i) an additional residence is permitted, or
(ii) a principal residence may have a total floor area of more than 500 m2;
(c) for the purposes of section 20.1 (1) (c),
(i) respecting the size and siting of residential structures and methods for determining size and siting,
(ii) requiring all residential structures to be sited within a prescribed area on a parcel of agricultural land, and
(iii) permitting or prohibiting types of residential uses and imposing limits or conditions on residential uses;
(d) for the purposes of section 20.1 (1) (c), providing a process to apply for a variation of or exemption from a regulation made under paragraph (c) (i) or (ii) of this subsection, including
(i) respecting applications and fees for applications,
(ii) respecting hearings,
(iii) respecting matters that must be or may not be considered in making a determination, and
(iv) deeming an application to be a use or subdivision application for the purposes of this Act.
(3) The Lieutenant Governor in Council may make regulations respecting soil or fill uses as follows:
(a) exempting materials from the definition of "fill";
(b) for the purposes of section 20.3 (1) (b), specifying circumstances in which the removal of soil and placement of fill are permitted.
(4) The Lieutenant Governor in Council may make regulations respecting records that must be kept, and the period for which records must be kept, by persons engaging in any of the following:
(a) a farm use to which subsection (1) (a) or (b) applies;
(b) a non-farm use, non-adhering residential use or soil or fill use permitted under this Act.
(5) In making a regulation under subsection (2) or (3), the Lieutenant Governor in Council may impose limits or conditions on the use of agricultural land, including, without limitation, limits or conditions
(a) that take into account agricultural, environmental, heritage, economic, cultural and social values, and
(b) that are based on parcel size and location.
58.1 The Lieutenant Governor in Council may make regulations as follows:
(a) for the purposes of section 18.1,
(i) prescribing the form and manner in which notice and proof under that section must be given, and
(ii) conferring a discretion on the commission or the Registrar of Titles to determine the form and manner in which notice and proof under that section must be given;
(b) prescribing exceptions to the prohibitions under section 19 respecting subdivision of agricultural land;
(c) for the purposes of section 21 (1), specifying permitted types of subdivision.
58.2 (1) The Lieutenant Governor in Council may make regulations respecting application fees as follows:
(a) setting application fees;
(b) exempting classes of persons from payment of an application fee;
(c) for the purposes of section 34 (3) (b), prescribing the portion of an application fee to be paid to the local government or first nation government.
(2) The Lieutenant Governor in Council may make regulations setting fees for the following:
(a) the provision of a service under the Act by the commission or the officers or employees appointed by the commission;
(b) the purposes of sections 20.3 (1) (c) (ii), 35.1 (a) and 49 (3);
(c) the exercise of powers under section 49 (1).
(3) In making a regulation under subsection (2), the Lieutenant Governor in Council may do the following:
(a) set fees for the review of information;
(b) prescribe the amount of a fee or a method for calculating the amount of a fee;
(c) make regulations respecting the time within which a fee must be paid;
(d) set minimum fees.
58.3 (1) The Lieutenant Governor in Council may make regulations respecting applications as follows:
(a) for the purposes of section 25 (1) (a),
(i) specifying circumstances in which the commission must reject an application, and
(ii) establishing classes of applications and requiring the commission to reject an application unless the application is within an established class;
(b) for the purposes of section 25 (1.1), respecting criteria to be considered;
(c) for the purposes of section 26,
(i) respecting the terms of an agreement entered into under that section, and
(ii) prescribing agents, public officers and public bodies and specifying the persons constituting the governing body of a prescribed agent, public officer or public body;
(d) for the purposes of section 29 (1), prescribing public bodies;
(e) for the purposes of section 34 (1) (e), prescribing types of applications for which local government or first nation government review is not required;
(f) for the purposes of section 34.1 (2) (a), respecting the manner in which a local government or first nation government is required to
(i) review an application, and
(ii) provide comments and recommendations respecting the application;
(g) for the purposes of section 35.1 (a), respecting the information an applicant must submit to the commission and the form and manner in which the information must be provided;
(h) respecting the giving of notice for applications, hearings and other matters, including the form and manner in which a notice must be given;
(i) respecting the manner of holding hearings and meetings and obtaining public comment.
(2) The Lieutenant Governor in Council may make regulations as follows:
(a) respecting the publication of reports for the purposes of section 44 (6);
(b) respecting other forms of security for the purposes of section 48;
(c) prescribing procedures to facilitate dispute resolution under the Act.
58.4 The Lieutenant Governor in Council may make regulations as follows:
(a) for the purposes of section 5, either or both of the following:
(i) prescribing criteria that a person must meet to be considered a resident of an administrative region;
(ii) conferring a discretion on the chair of the commission 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 an administrative region;
(b) specifying applications and types of applications that
(i) are or are not of provincial importance for the purposes of section 11.1 (2) (a) (i),
(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 11.1 (2) (a) (ii), and
(iii) do or do not substantially affect more than one administrative region for the purposes of section 11.1 (2) (a) (iii);
(c) establishing policies, procedures, rules and requirements to be followed by the commission in conducting its affairs, exercising its powers and performing its duties;
(d) specifying the number of members that constitute a quorum of the commission or a panel;
(e) prescribing the making of certain information public and the manner of making it public;
(f) respecting the setting of boundaries of agricultural land and the agricultural land reserve and the form, content, maintenance and correction of records of those boundaries.
58.5 The Lieutenant Governor in Council may make regulations as follows:
(a) respecting orders under sections 50 and 52;
(b) respecting penalties levied under section 54 (1);
(c) prescribing penalties for a contravention of this Act, the regulations or an order of the commission.
58.6 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) A person must not read any of sections 58 to 58.5 or subsections (3) or (4) of this section as limiting the general power to make regulations described in subsection (1) of this section.
(3) The Lieutenant Governor in Council may make regulations as follows:
(a) defining a word or expression used but not defined in this Act;
(b) respecting any other matter for which regulations are contemplated by this Act.
(4) In making a regulation under any of sections 58 to 58.5 or this section, the Lieutenant Governor in Council may do the following:
(a) establish classes of persons and make different regulations for different classes;
(b) make different regulations for different types of
(i) agricultural land uses or limits or conditions that may be imposed on agricultural land uses under section 58 (2) or (3),
(ii) circumstances,
(iii) services that may be provided by, information that must be provided to or powers that may be exercised by the commission or the officers or employees appointed by the commission, and
(iv) applications;
(c) make different notice requirements for different areas of British Columbia.
36 Section 60 (2) is amended by striking out "The registrar of titles" and substituting "A Registrar of Titles".
37 The Schedule is amended by striking out "Panel Region" wherever it appears and substituting "Administrative Region".
38 (1) If a member of the commission is appointed before the coming into force of this section, the appointment of the member and a decision of the commission in which the member participated is not invalidated solely because the appointment was not made in accordance with section 5 (1) or (2) of the Agricultural Land Commission Act as enacted by this Act.
(2) This section is repealed 4 years after the coming into force of this section.
39 (1) Despite any inconsistency with section 10, 11, 11.1, 33 or 33.1 of the Agricultural Land Commission Act as amended by this Act, the chief executive officer or a panel may continue to consider and make a determination on a matter that the chief executive officer or panel began to consider before those sections were repealed or replaced, or amended, by this Act.
(2) If the commission began to act under section 29 (1) of the Agricultural Land Commission Act before that section was repealed and replaced by section 19 of this Act, the commission may continue to act under that section
(a) without the consent of any owner, and
(b) regardless of whether an owner has expressed an intention not to consent before section 29 of the Agricultural Land Commission Act was repealed and replaced by section 19 of this Act.
(3) If a reconsideration or appeal is requested under section 33, 33.1 or 55 of the Agricultural Land Commission Act and the initial determination, decision or order, as applicable, was made before the coming into force of section 5 of this Act,
(a) section 6 (2) of the Agricultural Land Commission Act, as enacted by this Act, applies to the hearing of the reconsideration or appeal, and
(b) the initial determination, decision or order can be reversed, varied or referred back to the person who made the initial determination, decision or order, as applicable, on the ground that priority was not given to the matters referred to in section 6 (2) of the Agricultural Land Commission Act, as enacted by this Act.
(4) If a local government or first nation government received an application under section 34 of the Agricultural Land Commission Act before that section was repealed and replaced by this Act, that section and section 35 of the Agricultural Land Commission Act, as those sections read immediately before they were repealed and replaced by this Act, continue to apply.
40 (1) In this section, "agreement" means an agreement with a local government made under section 26 of the Agricultural Land Commission Act that is valid immediately before the date that section 17 of this Act comes into force.
(2) On the coming into force of section 17 of this Act, an agreement is terminated.
(3) Despite any provision of an agreement or of any enactment or law to the contrary,
(a) no damages or compensation of any kind arising from the termination of the agreement is payable by the commission or the government, and
(b) no proceedings in which damages or compensation of any kind arising from the termination of the agreement is claimed may be commenced or maintained against the commission or the government.
41 Despite section 33 (2) (a) of the Agricultural Land Commission Act as enacted by this Act, a person affected by a decision of the commission made before the coming into force of section 22 of this Act may request a reconsideration of the decision under section 33 of the Agricultural Land Commission Act no later than 90 days after the coming into force of section 22 of this Act.
Agricultural Land Commission Amendment Act, 2018
42 Section 40 of the Agricultural Land Commission Amendment Act, 2018, is amended by striking out "section 20.2 (1)" and substituting "section 20.2".
43 This Act comes into force by regulation of the Lieutenant Governor in Council.