Section 1 (1) by adding definitions of "agreement in principle", "enactment of the Province or Canada", "first nation government", "law", "notice to suspend negotiations", "person", "proposed treaty settlement lands" and "treaty settlement lands", amended by 2004-32-1(b), effective July 23, 2004 (BC Reg 339/2004).

  Section 1 definition of '"owner" or "owner of land"' BEFORE amended by 2004-32-1(c), effective July 23, 2004 (BC Reg 339/2004).

"owner" or "owner of land" means the person registered in the records of the land title office as the fee simple owner of the land and includes the government as an owner of land even if the land does not have a record of title in the land title office;

  Section 1 (2) and (3) added by 2004-32-1(d), effective July 23, 2004 (BC Reg 339/2004).

  Section 1 (1) definition of "agreement in principle" BEFORE amended by 2007-36-6(a), effective April 3, 2009 (BC Reg 55/2009).

"agreement in principle" means a non-binding agreement, negotiated among a first nation government, the Province and Canada in accordance with a process developed under the Treaty Commission Act, that

(a) has been approved by each party in accordance with the approval process provided in the agreement in principle, and

(b) contemplates that legislative authority over all or part of the proposed treaty settlement lands described in the agreement in principle will, under a final agreement or a governance agreement and an enactment of the Province or Canada, be provided to the first nation;

  Section 1 (1) definition of "first nation government" BEFORE amended by 2007-36-6(b) and (c), effective April 3, 2009 (BC Reg 55/2009).

(a) in relation to treaty settlement lands, the governing body of the first nation that has legislative authority over the treaty settlement lands, and

(b) in relation to proposed treaty settlement lands, an aboriginal governing body that

(i)  the first nation, in relation to which an agreement in principle applying to those lands has been entered into, has organized and established within its traditional territory in British Columbia, and

(ii)  has been mandated by the members of that first nation to enter into treaty negotiations on their behalf in accordance with a process developed under the Treaty Commission Act;

  Section 1 (1) definition of "first nation government", paragraph (a.1) was added by 2007-36-6(b), effective April 3, 2009 (BC Reg 55/2009).

  Section 1 (1) definition of "law" BEFORE amended by 2007-36-6(d), effective April 3, 2009 (BC Reg 55/2009).

"law", in relation to a first nation government described in paragraph (a) of the definition of "first nation government", means the result of the exercise by the first nation government of legislative authority provided to the first nation under

(a) an enactment of the Province or Canada, or

(b) a final agreement or a governance agreement, negotiated among the first nation government, the Province and Canada in accordance with a process developed under the Treaty Commission Act, and an enactment of the Province or Canada;

  Section 1 (1) definition of "law", paragraph (c) was added by 2007-36-6(d), effective April 3, 2009 (BC Reg 55/2009).

  Section 1 (1) definition of "owner" BEFORE amended by 2007-36-6(e) and (f), effective April 3, 2009 (BC Reg 55/2009).

"owner", subject to subsection (2), means

(a) in relation to land registered in the records of the land title office, the person registered in those records as the fee simple owner of the land,

(b) in relation to treaty settlement lands,

(i)  if an agreement under this Act between a first nation government and the commission defines "owner" for the purposes of the application of this Act to the treaty settlement lands of the first nation, a person described by that definition, and

(ii)  otherwise, the first nation government,

(c) in relation to land vested in a municipality under section 35 of the Community Charter, the municipality, and

(d) in relation to Crown land, the government;

  Section 1 (1) definition of "proposed treaty settlement lands" BEFORE repealed by 2007-36-6(g), effective April 3, 2009 (BC Reg 55/2009).

"proposed treaty settlement lands" means land described in an agreement in principle as the land that will become, in whole or in part, the first nation's treaty settlement lands under a final agreement or a governance agreement and an enactment of the Province or Canada;

  Section 1 (1) definition of "proposed settlement lands" was added by 2007-36-6(g), effective April 3, 2009 (BC Reg 55/2009).

  Section 1 (1) definition of "treaty settlement lands" BEFORE repealed by 2007-36-6(h), effective April 3, 2009 (BC Reg 55/2009).

"treaty settlement lands" means land, other than land located within a reserve as defined in the Indian Act (Canada), that is subject to the legislative authority of a first nation under

(a) an enactment of the Province or Canada, or

(b) a final agreement or a governance agreement, negotiated among the first nation government, the Province and Canada in accordance with a process developed under the Treaty Commission Act, and an enactment of the Province or Canada.

  Section 1 (1) definition of "settlement lands" was added by 2007-36-6(h), effective April 3, 2009 (BC Reg 55/2009).

  Section 1 (2) and (3) BEFORE amended by 2007-36-7, effective April 3, 2009 (BC Reg 55/2009).

(2)  For the purposes of an application under section 17 (3), 20 (3), 21 (2) or 30 (1) in relation to proposed treaty settlement lands, the first nation government may apply as if it were the owner of those lands from the date that

(a) an agreement in principle in relation to those lands is approved by each party to it in accordance with the agreement in principle, or

(b) if a notice to suspend negotiations has earlier taken effect, an agreement among the parties to the agreement in principle to resume negotiations takes effect,

until the earlier of the following dates:

(c) the date an enactment of the Province or Canada establishes all or part of the proposed treaty settlement lands as treaty settlement lands;

(d) the date that a notice to suspend negotiations takes effect.

(3)  For the period that a first nation government is authorized to make an application in relation to proposed treaty settlement lands, the owner of that land may not make an application.

  Section 1 (1) definition of "official" BEFORE amended by 2011-27-2, effective November 24, 2011 (Royal Assent).

"official" means the chief executive officer and any employee of the commission or a person employed under the Public Service Act who is designated by name or title by the chief executive officer to be an official;

  Section 1 definitions of "executive committee", "panel", "panel region" and "zone" were added by 2014-25-1, effective September 5, 2014 (BC Reg 167/2014).

  Section 1 (1) definition of "additional residence" was added by 2018-56-1(a), effective February 22, 2019 (BC Reg 30/2019).

  Section 1 (1) definitions of "agricultural land" and "agricultural land reserve" BEFORE amended by 2018-56-1(b), effective February 22, 2019 (BC Reg 30/2019).

"agricultural land" means land designated as agricultural land under this Act and includes agricultural land under a former Act;

"agricultural land reserve" means agricultural land designated as an agricultural land reserve under this Act and includes an agricultural land reserve under a former Act;

  Section 1 (1) definitions of "alter", "construct" and "exclusion application" were added by 2018-56-1(c), effective February 22, 2019 (BC Reg 30/2019).

  Section 1 (1) definitions of "farm use" and "fill" BEFORE amended by 2018-56-1(d) and (e), effective February 22, 2019 (BC Reg 30/2019).

"farm use" means an occupation or use of land for farm purposes, including farming of land, plants and animals and any other similar activity designated as farm use by regulation, and includes a farm operation as defined in the Farm Practices Protection (Right to Farm) Act;

"fill" means any material brought on land in an agricultural land reserve other than materials exempted by regulation;

  Section 1 (1) definition of "former Act" was added by 2018-56-1(f), effective February 22, 2019 (BC Reg 30/2019).

  Section 1 (1) definition of "land reserve plan" BEFORE repealed by 2018-56-1(g), effective February 22, 2019 (BC Reg 30/2019).

"land reserve plan" means a plan, prepared under this Act, that sets out existing agricultural land reserves and the areas that may be designated by the commission or the Lieutenant Governor in Council as an agricultural land reserve and includes a land reserve plan under a former Act;

  Section 1 (1) definition of "local government", paragraph (b) BEFORE amended by 2018-56-1(h), effective February 22, 2019 (BC Reg 30/2019).

(b) in relation to land within an electoral area but not within a local trust area, the board of the regional district, and

  Section 1 (1) definition of "non-adhering residential use" was added by 2018-56-1(i), effective February 22, 2019 (BC Reg 30/2019).

  Section 1 (1) definition of "non-farm use" BEFORE amended by 2018-56-1(j), effective February 22, 2019 (BC Reg 30/2019).

"non-farm use" means a use of land other than a farm use;

  Section 1 (1) definition of "owner", paragraph (c) BEFORE amended by 2018-56-1(k), effective February 22, 2019 (BC Reg 30/2019).

(c) in relation to land vested in a municipality under section 35 of the Community Charter, the municipality, and

  Section 1 (1) definitions of "parcel", "principal residence", "residential structure", "residential use", "soil or fill use" and "use or subdivision application" were added by 2018-56-1(l), effective February 22, 2019 (BC Reg 30/2019).

  Section 1 (1) definition of "zone" BEFORE repealed by 2018-56-1(m), effective February 22, 2019 (BC Reg 30/2019).

"zone" means a zone established under section 4.2.

  Section 1 (2) (part) BEFORE amended by 2018-56-2, effective February 22, 2019 (BC Reg 30/2019).

(2) For the purposes of an application under section 17 (3), 20 (3), 21 (2) or 30 (1) in relation to proposed settlement lands, the first nation government may apply as if it were the owner of those lands from the date that

  Section 1 (1) definition of "panel region" BEFORE repealed by 2019-32-1(b), effective March 12, 2020 (BC Reg 57/2020).

"panel region" means a panel region established under section 4.1;

  Section 1 (1) definition of "administrative region" was added by 2019-32-1(b), effective March 12, 2020 (BC Reg 57/2020).

  Section 1 (1) definition of "exclusion application" BEFORE amended by 2019-32-1(a), effective September 30, 2020 (BC Reg 57/2020).

"exclusion application" means an application for exclusion made under section 29 (1) or 30 (1);

  Section 2 (1) BEFORE amended by 2003-53-142, effective July 8, 2004 (BC Reg 317/2004).

(1)  This Act and the regulations are not subject to any other enactment, whenever enacted, except the Interpretation Act, the Environment and Land Use Act and the Waste Management Act and as provided in this Act.

  Section 2 (1.1) was added by 2014-15-143, effective February 29, 2016 (BC Reg 35/2016).

  Section 2 (1.2) was added by 2024-23-4, effective July 5, 2024 (BC Reg 162/2024).

  Section 2 (1.3) was added by 2025-12-24, effective July 1, 2025 (BC Reg 92/2025).

  Section 4.1 was enacted by 2014-25-2, effective September 5, 2014 (BC Reg 167/2014).

  Section 4.1 BEFORE amended by 2019-32-2, effective March 12, 2020 (BC Reg 57/2020).

  Section 4.2 was enacted by 2014-25-2, effective September 5, 2014 (BC Reg 167/2014).

  Section 4.2 BEFORE repealed by 2018-56-3, effective February 22, 2019 (BC Reg 30/2019).

  Section 4.3 was enacted by 2014-25-2, effective September 5, 2014 (BC Reg 167/2014).

  Section 4.3 BEFORE repealed by 2018-56-3, effective February 22, 2019 (BC Reg 30/2019).

  Section 5 (2), (3) and (5) BEFORE amended by 2003-47-12, effective February 13, 2004 (BC Reg 45/2004).

(2)  The Lieutenant Governor in Council must

(a) appoint the chair and one or more vice chairs of the commission and establish the terms of their appointments, and

(b) set the remuneration of the chair and vice chairs of the commission.

(3)  The minister may appoint the members of the commission other than the chair and vice chairs, establish the terms of their appointments and set their remuneration.

(5)  A member of the board of directors must be reimbursed in accordance with the directives of Treasury Board for reasonable travelling and out of pocket expenses necessarily incurred in discharging the member's duties.

  Section 5 (1) BEFORE amended by 2004-32-2, effective July 23, 2004 (BC Reg 339/2004).

(1)  The commission consists of at least 7 individuals appointed under this section who are knowledgeable in matters relating to agriculture, land use planning or local government.

  Section 5 (6) was added by 2004-45-63, effective October 15, 2004 (BC Reg 425/2004).

  Section 5 (1), (2) and (3) BEFORE amended by 2014-25-3, effective September 5, 2014 (BC Reg 167/2014).

  Section 5 (3.1) and (3.2) were added by 2014-25-3, effective September 5, 2014 (BC Reg 167/2014).

  Section 5 (3.01) was added by 2014-31-1, effective November 27, 2014 (Royal Assent).

  Section 5 (2) and (3) BEFORE amended by 2015-10-34, effective December 18, 2015 (BC Reg 240/2015).

(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.

(3) The minister may appoint the members of the commission other than the chair and vice chairs after a merit based process.

  Section 5 BEFORE re-enacted by 2019-32-3, effective March 12, 2020 (BC Reg 57/2020).

  Section 5.1 was added by 2003-47-13, effective February 13, 2004 (BC Reg 45/2004).

  Section 5.1 BEFORE re-enacted by 2004-45-64, effective October 15, 2004 (BC Reg 425/2004).

  Section 5.1 BEFORE amended by 2014-31-2, effective November 27, 2014 (Royal Assent).

  Section 5.1 BEFORE re-enacted by 2015-10-35, effective December 18, 2015 (BC Reg 240/2015).

  Section 5.1 (b) BEFORE amended by 2019-32-4(a), effective March 12, 2020 (BC Reg 57/2020).

(b) Part 2 [Appointments], except section 3 (1) [member's initial term];

  Section 5.1 (d.1) was added by 2019-32-4(b), effective March 12, 2020 (BC Reg 57/2020).

  Section 6 BEFORE amended by 2018-56-4, effective February 22, 2019 (BC Reg 30/2019).

  Section 6 BEFORE renumbered as 6 (1) by 2019-32-5(a), effective March 12, 2020 (BC Reg 57/2020).

  Section 6 (2) was added by 2019-32-5(b), effective March 12, 2020 (BC Reg 57/2020).

  Section 8 (4) BEFORE amended by 2003-88-15, effective December 1, 2003 (BC Reg 443/2003).

(4)  The Public Service Act and the Public Service Labour Relations Act apply to the commission and its officers and employees other than the chief executive officer, except that the references to the commissioner and a deputy minister in section 22 of the Public Service Act are to be read as references to the chief executive officer.

  Section 8 (3) BEFORE amended by 2014-25-4, effective September 5, 2014 (BC Reg 167/2014).

(3) The commission may appoint other officers and employees necessary for the purposes of the commission, determine their duties and set their remuneration.

  Section 8 (1), (2) and (3) BEFORE amended by 2019-32-6, effective March 12, 2020 (BC Reg 57/2020).

(1) The Lieutenant Governor in Council may appoint, during pleasure, a chief executive officer of the commission, establish the terms of the appointment and set the remuneration of the chief executive officer.

(2) The commission may determine the functions and duties of the chief executive officer.

(3) The commission may appoint other officers and employees necessary for the operations of the commission, determine their duties and set their remuneration.

  Section 9 BEFORE amended by 2019-32-7, effective March 12, 2020 (BC Reg 57/2020).

  Section 10 (3) BEFORE amended by 2014-25-5, effective September 5, 2014 (BC Reg 167/2014).

(3) The commission may delegate any of its functions to the executive committee and, when it performs those functions, the actions and decisions of the executive committee are the actions and decisions of the commission.

  Section 10 (1) BEFORE amended by 2019-32-8(a), effective March 12, 2020 (BC Reg 57/2020).

(1) An executive committee of the commission is established, comprised of the chair of the commission and the vice chairs.

  Section 10 (3) BEFORE amended by 2019-32-8(b), effective March 12, 2020 (BC Reg 57/2020).

(3) Subject to sections 11.1 and 11.2, the commission may delegate any of its functions to the executive committee and, when it performs those functions, the actions and decisions of the executive committee are the actions and decisions of the commission.

  Section 10 (4) was added by 2019-32-8(c), effective March 12, 2020 (BC Reg 57/2020).

  Section 11 (5) BEFORE amended by 2011-27-3, effective November 24, 2011 (Royal Assent).

(5)  A panel has all the powers, duties and functions of the commission in respect of an application or other matter before the commission, and a decision of a panel is for all purposes a decision of the commission.

  Section 11 BEFORE re-enacted by 2014-25-6, effective September 5, 2014 (BC Reg 167/2014).

  Section 11 BEFORE re-enacted by 2019-32-9, effective March 12, 2020 (BC Reg 57/2020).

  Section 11.1 was enacted by 2014-25-6, effective September 5, 2014 (BC Reg 167/2014).

  Section 11.1 (2) BEFORE amended by 2018-56-5(a), effective February 22, 2019 (BC Reg 30/2019).

(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.

  Section 11.1 (4) (c) BEFORE repealed by 2018-56-5(b), effective February 22, 2019 (BC Reg 30/2019).

(c) an application that the chief executive officer has refused under section 30.1;

  Section 11.1 BEFORE re-enacted by 2019-32-9, effective March 12, 2020 (BC Reg 57/2020).

  Section 11.2 was enacted by 2014-25-6, effective September 5, 2014 (BC Reg 167/2014).

  Section 11.2 BEFORE repealed by 2019-32-9, effective March 12, 2020 (BC Reg 57/2020).

  Section 12 (3) and (4) BEFORE amended by 2003-70-96, effective March 29, 2004 (BC Reg 64/2004).

(3)  Subject to subsection (4), the Company Act and the Company Clauses Act do not apply to the commission.

(4)  The Lieutenant Governor in Council, by order, may declare that specified provisions of the Company Act apply to the commission.

  Section 12 (2) (a) BEFORE repealed by 2011-27-4(a), effective November 24, 2011 (Royal Assent).

(a) a service plan in accordance with the Budget Transparency and Accountability Act,

  Section 12 (2) (c) BEFORE amended by 2011-27-4(b), effective November 24, 2011 (Royal Assent).

(c) a financial statement showing its business for that financial year and the preceding financial year, prepared in accordance with generally accepted accounting principles and the accounting policies and practices established by the Treasury Board.

  Section 12 (2) BEFORE amended and subsection (2.1) was added by 2014-25-7, effective September 5, 2014 (BC Reg 167/2014).

(2) Not later than June 30 of each financial year, the commission must submit to the minister

(a) [Repealed 2011-11-4.]

(b) a report of its operations during the preceding financial year, and

(c) a financial statement showing its business for the most recently completed financial year and the financial year immediately preceding the most recently completed financial year, prepared in accordance with generally accepted accounting principles and the accounting policies and practices established by the Treasury Board.

  Section 12 (2) and (2.1) BEFORE repealed by 2019-32-10, effective March 12, 2020 (BC Reg 57/2020).

(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).

  Section 13 (1) (e) was added by 2004-32-3(a), effective July 23, 2004 (BC Reg 339/2004).

  Section 13 (2) and (3) BEFORE amended by 2004-32-3(b), effective July 23, 2004 (BC Reg 339/2004).

(2)  If a dispute arises on a community issue, the commission and the local government may agree to attempt to resolve the dispute by a method of facilitated dispute resolution.

(3)  If an agreement is made under subsection (2), the commission and the local government may appoint a facilitator.

  Section 13 BEFORE repealed by 2019-32-10, effective March 12, 2020 (BC Reg 57/2020).

  Section 15 BEFORE renumbered as 15 (1) by 2007-36-8, effective April 3, 2009 (BC Reg 55/2009).

  Section 15 (2) was added by 2007-36-8, effective April 3, 2009 (BC Reg 55/2009).

  Section 15 (1) BEFORE amended by 2018-56-6, effective February 22, 2019 (BC Reg 30/2019).

(1) For the purposes of section 6, the commission may designate as agricultural land, land, including Crown land, that is suitable for farm use, and on being designated the land is established as an agricultural land reserve.

  Section 15 (1.1) was added by 2018-56-6, effective February 22, 2019 (BC Reg 30/2019).

  Section 16 BEFORE repealed by 2018-56-7, effective February 22, 2019 (BC Reg 30/2019).

  Section 17 (1) BEFORE amended by 2004-32-4(a), effective July 23, 2004 (BC Reg 339/2004).

(1)  On the commission's own initiative in respect of land identified by the commission or on application by a local government for land within the local government's jurisdiction, the commission may approve all or part of the identified land or the land described in the application for addition to a designated land reserve plan if the commission considers that the designation carries out the intent of this Act.

  Section 17 (2) BEFORE amended by 2004-32-4(b), effective July 23, 2004 (BC Reg 339/2004).

(2)  For a matter under subsection (1), the local government that makes the application or the commission, if acting on the commission's own initiative, must hold a public hearing in the manner and after the notice required by regulation.

  Sections 17 (4) and (5) were added by 2004-32-4(c), effective July 23, 2004 (BC Reg 339/2004).

  Section 17 (1) BEFORE amended by 2007-36-9, effective April 3, 2009 (BC Reg 55/2009).

(1)  On the commission's own initiative in respect of land identified by the commission or on application by a local government in respect of land within the local government's jurisdiction or by a first nation government in respect of the first nation's treaty settlement lands, the commission may approve all or part of the identified land or the land described in the application for addition to a designated land reserve plan if the commission considers that the designation carries out the intent of this Act.

  Section 17 (1.1) was added by 2007-36-9, effective April 3, 2009 (BC Reg 55/2009).

  Section 17 (4) BEFORE amended by 2007-36-7, effective April 3, 2009 (BC Reg 55/2009).

(4)  A decision of the commission granting an application under subsection (3) in relation to proposed treaty settlement lands may not be made effective unless and until those lands are established, in whole or in part, as treaty settlement lands.

  Section 17 (1) (part) BEFORE amended by 2018-56-8(a), effective February 22, 2019 (BC Reg 30/2019).

(1) Subject to subsection (1.1), if the commission considers that an approval under this subsection carries out the intent of this Act, the commission may approve the addition to a designated land reserve plan

  Section 17 (3) BEFORE amended by 2018-56-8(b), effective February 22, 2019 (BC Reg 30/2019).

(3) On application by an owner of land, the commission may designate all or part of the land described in the application as part of an agricultural land reserve if the commission considers that the designation carries out the intent of this Act.

  Section 17 (3.1) was added by 2018-56-8(c), effective February 22, 2019 (BC Reg 30/2019).

  Section 17 (3) BEFORE amended by 2019-32-11, effective March 12, 2020 (BC Reg 57/2020).

(3) On application by an owner of land, the commission may designate all or part of the land described in the application land within the agricultural land reserve if the commission considers that the designation carries out the intent of this Act.

  Section 17.1 was enacted by 2018-56-9, effective February 22, 2019 (BC Reg 30/2019).

  Section 17.1 BEFORE amended by 2019-32-12, effective September 30, 2020 (BC Reg 57/2020).

  Section 18 (a) BEFORE amended by 2004-32-5, effective July 23, 2004 (BC Reg 339/2004).

(a) a local government, or an authority, a board or another agency established by it or a person or an agency that enters into an agreement under the Local Services Act may not

  Section 18 (part) BEFORE amended by 2007-14-72, effective December 1, 2007 (BC Reg 354/2007).

  Section 18 BEFORE re-enacted by 2018-56-10, effective February 22, 2019 (BC Reg 30/2019).

  Section 18.1 was enacted by 2019-32-13, effective September 30, 2020 (BC Reg 57/2020).

  Section 19 (part) BEFORE amended by 2007-14-72, effective December 1, 2007 (BC Reg 354/2007).

  Section 19 BEFORE re-enacted by 2018-56-11, effective February 22, 2019 (BC Reg 30/2019).

  Section 19 (2) (part) BEFORE amended by 2019-32-14, effective March 12, 2020 (BC Reg 57/2020).

(2) Unless the subdivision of agricultural land is permitted under this Act, a registrar of titles must not, under the Land Title Act or the Strata Property Act, do either of the following things if it would cause the subdivision of agricultural land:

  Section 20 (5) (b) BEFORE amended by 2003-66-1, effective October 23, 2003 (Royal Assent).

(b) if the owner of the land does not agree to the terms and conditions specified by the chief executive officer, order one or both of the following:

(i)  that an application to the commission under section 25 (1) is required for permission to engage in the use;

(ii)  that the owner cease or not engage in the use until the application is determined.

  Section 20 (1) BEFORE amended by 2007-14-73, effective December 1, 2007 (BC Reg 354/2007).

(1)  A person must not use agricultural land for a non-farm use unless permitted by this Act, the regulations or an order of the commission.

  Section 20 (3) (a) BEFORE amended by 2010-9-1, effective October 4, 2010 (BC Reg 274/2010).

(a) the Mediation and Arbitration Board under the Petroleum and Natural Gas Act;

  Section 20 (3) (b) BEFORE repealed by 2010-9-1, effective October 4, 2010 (BC Reg 274/2010).

(b) the Mediation and Arbitration Board under section 19 of the Mineral Tenure Act or under the Mining Right of Way Act;

  Section 20 BEFORE re-enacted by 2018-56-12, effective February 22, 2019 (BC Reg 30/2019).

  Section 20.1 was enacted by 2018-56-13, effective February 22, 2019 (BC Reg 30/2019).

  Section 20.2 was enacted by 2018-56-13, effective February 22, 2019 (BC Reg 30/2019).

  Section 20.2 (1) definition of "pre-existing residential structure", paragraph (a) BEFORE amended by 2019-32-15(a), effective March 12, 2020 (BC Reg 57/2020).

(a) is an additional residence,

  Section 20.2 (1) definition of "unfinished pre-existing residence" (part) BEFORE amended by 2019-32-15(b), effective March 12, 2020 (BC Reg 57/2020).

"unfinished pre-existing residence" means a residence to which all of the conditions in paragraphs (a) and (b), and either of paragraphs (c) or (d), apply:

  Section 20.3 was enacted by 2018-56-13, effective February 22, 2019 (BC Reg 30/2019).

  Section 21 (1) BEFORE amended by 2007-14-73, effective December 1, 2007 (BC Reg 354/2007).

(1)  A person must not subdivide agricultural land unless permitted by this Act, the regulations or an order of the commission.

  Section 21 BEFORE amended by 2018-56-14, effective February 22, 2019 (BC Reg 30/2019).

  Section 22 (2) BEFORE amended by 2011-27-5, effective November 24, 2011 (Royal Assent).

(2)  A covenant that prohibits the use of agricultural land for farm purposes has no effect until approved by the commission.

  Section 23 (2) (a.1) was added by 2019-32-16, effective March 12, 2020 (BC Reg 57/2020).

  Section 24 BEFORE amended by 2018-56-15, effective February 22, 2019 (BC Reg 30/2019).

  Section 25 (3) BEFORE amended by 2004-32-6(a), effective July 23, 2004 (BC Reg 339/2004).

(3)  An application under this section may not proceed unless authorized by a resolution of the local government if, on the date the application is made, the application

  Section 25 (3.1) was added by 2004-32-6(b), effective July 23, 2004 (BC Reg 339/2004).

  Section 25 (4) BEFORE amended by 2004-32-6(c), effective July 23, 2004 (BC Reg 339/2004).

(4)  In deciding an application under this section, the commission may meet with the applicant or may make a decision on the basis of written representations only.

  Section 25 (4.1) and (4.2) were added by 2004-32-6(d), effective July 23, 2004 (BC Reg 339/2004).

  Section 25 (3.1) and (4.1) BEFORE amended by 2007-36-7, effective April 3, 2009 (BC Reg 55/2009).

(3.1)  An application referred to in subsection (1) in relation to treaty settlement lands may not proceed unless authorized by a law of the first nation government of the first nation that has legislative authority over the treaty settlement lands.

(4.1)  A decision of the commission under subsection (1) (b) or (c) in relation to proposed treaty settlement lands may not be made effective unless and until

(a) those lands are established, in whole or in part, as treaty settlement lands, and

(b) the first nation government in relation to those treaty settlement lands enacts a law approving the commission's decision and provides a certified copy of the law to the commission.

  Section 25 (1) BEFORE amended by 2018-56-16(a), effective February 22, 2019 (BC Reg 30/2019).

(1) On an application for permission for non-farm use under section 20 (3) or for subdivision under section 21 (2), the commission may do one of the following:

(a) refuse permission;

(b) grant permission;

(c) grant permission for an alternative non-farm use or subdivision.

  Section 25 (1.1) was added by 2018-56-16(b), effective February 22, 2019 (BC Reg 30/2019).

  Section 25 (2) BEFORE repealed by 2018-56-16(c), effective February 22, 2019 (BC Reg 30/2019).

(2) If the commission makes a decision under subsection (1) (b) or (c), it may impose terms it considers advisable.

  Section 25 (3) (a) BEFORE amended by 2018-56-16(d), effective February 22, 2019 (BC Reg 30/2019).

(a) applies to land that is zoned by bylaw to permit agricultural or farm use, or

  Section 25 (4.1) (part) BEFORE amended by 2018-56-16(e), effective February 22, 2019 (BC Reg 30/2019).

(4.1) A decision of the commission under subsection (1) (b) or (c) in relation to proposed settlement lands may not be made effective unless and until

  Section 25 (4.2) (part) BEFORE amended by 2018-56-16(e), effective February 22, 2019 (BC Reg 30/2019).

(4.2) Unless a decision under subsection (1) (b) or (c) first becomes effective under subsection (4.1), the decision expires on the earlier of the following dates:

  Section 26 (1) BEFORE amended by 2004-32-7(a), effective July 23, 2004 (BC Reg 339/2004).

(1)  The commission may enter into an agreement with any of the following to enable a local government or an authority to exercise some or all of the commission's power to decide applications for non-farm use or subdivision with respect to lands within the jurisdiction of the local government or authority:

  Section 26 (1) (c) was added by 2004-32-7(b), effective July 23, 2004 (BC Reg 339/2004).

  Section 26 (3) BEFORE amended by 2004-32-7(c), effective July 23, 2004 (BC Reg 339/2004).

(3)  If an agreement is entered into under subsection (1), the local government or authority must, with respect to an application covered by the agreement,

  Section 26 (4) BEFORE amended by 2004-32-7(d), effective July 23, 2004 (BC Reg 339/2004).

(4)  A decision made by a local government or authority under this section must be made by resolution of the local government or the governing body of the authority.

  Section 26 (5) BEFORE amended by 2004-32-7(e), effective July 23, 2004 (BC Reg 339/2004).

(5)  If the commission delegates its power to decide applications under section 25 to a local government or an authority by an agreement entered into under this section, the decision of the local government or authority is a decision of the commission for the purposes of this Act.

  Section 26 (6) BEFORE amended by 2004-32-7(f), effective July 23, 2004 (BC Reg 339/2004).

(6)  If an authority has the power to decide an application under an agreement entered into under subsection (1), an application that would otherwise be required to be submitted to the local government under section 34 (3) must be made directly to the authority.

  Section 26 (7) BEFORE amended by 2004-32-7(g), effective July 23, 2004 (BC Reg 339/2004).

(7)  If a local government or an authority has the power to decide an application under an agreement entered into under subsection (1),

  Section 26 (7) (a) BEFORE amended by 2004-32-7(h), effective July 23, 2004 (BC Reg 339/2004).

(a) the local government or authority may retain the entire fee payable under section 34 with respect to the application, and

  Section 26 (8) was added by 2004-32-7(i), effective July 23, 2004 (BC Reg 339/2004).

  Section 26 (1) (c) BEFORE amended by 2007-36-7, effective April 3, 2009 (BC Reg 55/2009).

(c) a first nation government in respect of treaty settlement lands.

  Section 26 (8) BEFORE amended by 2007-36-7, effective April 3, 2009 (BC Reg 55/2009).

(8)  If the commission enters into an agreement under subsection (1) (c) with a first nation government in relation to treaty settlement lands, that agreement or another agreement under this Act must include a definition of "owner" for the purposes of paragraph (b) (i) of the definition of "owner" in section 1 (1).

  Section 26 (7) (a.1) was added by 2011-27-6, effective November 24, 2011 (Royal Assent).

  Section 26 (1) (part) BEFORE amended by 2018-56-17, effective February 22, 2019 (BC Reg 30/2019).

(1) The commission may enter into an agreement with any of the following to enable a local government, a first nation government or an authority to exercise some or all of the commission's power to decide applications for non-farm use or subdivision with respect to lands within the jurisdiction of the local government, first nation government or authority:

  Section 26 (1) BEFORE amended by 2019-32-17(a), effective March 12, 2020 (BC Reg 57/2020).

(1) The commission may enter into an agreement with any of the following to enable a local government, a first nation government or an authority to exercise some or all of the commission's power to decide use or subdivision applications with respect to agricultural land within the jurisdiction of the local government, first nation government or authority:

(a) a local government;

(b) an agent of the government, a public body or a public officer prescribed by regulation;

(c) a first nation government in respect of settlement lands.

  Section 26 (3) (part) BEFORE amended by 2019-32-17(b), effective March 12, 2020 (BC Reg 57/2020).

(3) If an agreement is entered into under subsection (1), the local government, first nation government or authority must, with respect to an application covered by the agreement,

  Section 26 (4) and (5) BEFORE amended by 2019-32-17(c), effective March 12, 2020 (BC Reg 57/2020).

(4) A decision made by a local government or authority under this section must be made by resolution of the local government or the governing body of the authority and a decision of a first nation government under this section must be made by a law of the first nation government.

(5) If the commission delegates its power to decide applications under section 25 to a local government, a first nation government or an authority by an agreement entered into under this section, the decision of the local government, first nation government or authority is a decision of the commission for the purposes of this Act.

  Section 26 (7) BEFORE amended by 2019-32-17(e), (f) and (g)(part), effective March 12, 2020 (BC Reg 57/2020).

(7) If a local government, a first nation government or an authority has the power to decide an application under an agreement entered into under subsection (1),

(a) the local government, first nation government or authority may retain the entire fee payable under section 34 with respect to the application,

(a.1) section 34.1 applies to the applicant with respect to the application, except that a reference to the commission in that section must be read as a reference to the local government, first nation government or authority, and

(b) sections 39 to 45 apply to the application as if the application were before the commission.

  Section 26 (9) was added by 2019-32-17(h), effective March 12, 2020 (BC Reg 57/2020).

  Section 26 (6) BEFORE amended by 2019-32-17(d), effective September 30, 2020 (BC Reg 57/2020).

(6) If an authority has the power to decide an application under an agreement entered into under subsection (1), an application that would otherwise be required to be submitted to the local government or first nation government under section 34 (3) must be made directly to the authority.

  Section 26 (7) (a.1) BEFORE amended by 2019-32-17(g)(part), effective September 30, 2020 (BC Reg 57/2020).

(a.1) section 34.1 applies to the applicant with respect to the application, except that a reference to the commission in that section must be read as a reference to the first nation government or authority, and

  Section 27 (6) BEFORE amended by 2004-32-8, effective July 23, 2004 (BC Reg 339/2004).

(6)  The chief executive officer may not exercise a power that has been delegated to a local government or an authority by an agreement entered into under section 26.

  Section 27 (1) (a) BEFORE amended by 2018-56-18, effective February 22, 2019 (BC Reg 30/2019).

(a) specified types of applications for exclusion, subdivision or non-farm use;

  Section 27 (6) BEFORE amended by 2019-32-18, effective March 12, 2020 (BC Reg 57/2020).

(6) The chief executive officer may not exercise a power that has been delegated to a local government, a first nation government or an authority by an agreement entered into under section 26.

  Section 28 BEFORE re-enacted by 2018-56-19, effective February 22, 2019 (BC Reg 30/2019).

  Section 29 (1) BEFORE amended by 2004-32-9(a), effective July 23, 2004 (BC Reg 339/2004).

(1)  On the commission's own initiative or on application by a local government for land within the local government's jurisdiction, the commission may

  Section 29 (2) BEFORE amended by 2004-32-9(b), effective July 23, 2004 (BC Reg 339/2004).

(2)  The local government, before the application is made, or the commission, if acting on its own initiative, must hold a public hearing in the manner and with the notice required by regulation.

  Section 29 (1) BEFORE amended by 2007-36-10, effective April 3, 2009 (BC Reg 55/2009).

(1)  On the commission's own initiative or on application by a local government in respect of land within the local government's jurisdiction or by a first nation government in respect of the first nation's treaty settlement land, the commission may

(a) exclude land from an agricultural land reserve on terms the commission considers advisable, or

(b) without excluding the land from an agricultural land reserve, grant permission for a non-farm use or subdivision in respect of the land that is the subject of the application, on any terms the commission considers advisable.

  Section 29 (1) and (1) (a) BEFORE amended by 2016-21-1, effective May 19, 2016 (Royal Assent).

(1) On the commission's own initiative or on application by a local government in respect of land within the local government's jurisdiction or by a first nation government in respect of the first nation's settlement lands, the commission may

(a) exclude land from an agricultural land reserve on terms the commission considers advisable, or

  Section 29 (1.1) to (1.3) were added by 2016-21-1, effective May 19, 2016 (Royal Assent).

  Section 29 (1) and (1.1) BEFORE amended by 2018-56-20, effective February 22, 2019 (BC Reg 30/2019).

(1) On the commission's own initiative or on application by a local government in respect of land within the local government's jurisdiction or by a first nation government in respect of the first nation's settlement lands, the commission may,

(a) subject to subsection (1.1), exclude land from an agricultural land reserve on terms the commission considers advisable, or

(b) without excluding the land from an agricultural land reserve, grant permission for a non-farm use or subdivision in respect of the land that is the subject of the application, on any terms the commission considers advisable.

(1.1) Subject to the regulations, the commission may not exclude, under subsection (1) (a), land from an agricultural land reserve unless each owner of the land consents to the exclusion.

  Section 29 BEFORE re-enacted by 2019-32-19, effective September 30, 2020 (BC Reg 57/2020).

  Section 29.1 was enacted by 2019-32-19, effective September 30, 2020 (BC Reg 57/2020).

  Section 30 (4) BEFORE amended by 2004-32-10(a), effective July 23, 2004 (BC Reg 339/2004).

(4)  An application under this section may not proceed unless authorized by a resolution of the local government if, on the date the application is made, the application

  Section 30 (4.1), (5.1) and (5.2) were added by 2004-32-10(b), effective July 23, 2004 (BC Reg 339/2004).

  Section 30 (4.1) and (5.1) BEFORE amended by 2007-36-7, effective April 3, 2009 (BC Reg 55/2009).

(4.1)  An application under this section in relation to treaty settlement lands may not proceed unless authorized by a law of the first nation government of the first nation that has legislative authority over the treaty settlement lands.

(5.1)  A decision of the commission under subsection (2) (b) or (c) in relation to proposed treaty settlement lands may not be made effective unless and until

(a) those lands are established, in whole or in part, as treaty settlement lands, and

(b) the first nation government in relation to those treaty settlement lands enacts a law approving the commission's decision and provides a certified copy of the law to the commission.

  Section 30 (1), (2), (3) and (4) BEFORE amended by 2018-56-21, effective February 22, 2019 (BC Reg 30/2019).

(1) An owner of land may apply to the commission to have their land excluded from an agricultural land reserve.

(2) On an application under subsection (1), the commission may do one of the following:

(a) refuse permission to have land excluded from an agricultural land reserve;

(b) grant permission to have land excluded from an agricultural land reserve;

(c) permit a non-farm use or subdivision on the land.

(3) If the commission makes a decision under subsection (2) (b) or (c), it may impose terms it considers advisable.

(4) An application under this section, except an application from a first nation government, may not proceed unless authorized by a resolution of the local government if, on the date the application is made, the application

(a) applies to land that is zoned by bylaw to permit agricultural or farm use, or

(b) requires, in order to proceed, an amendment to an official settlement plan, an official community plan, an official development plan or a zoning bylaw.

  Section 30 BEFORE re-enacted by 2019-32-19, effective September 30, 2020 (BC Reg 57/2020).

  Section 30.1 was enacted by 2011-27-7, effective November 24, 2011 (Royal Assent).

  Section 30.1 BEFORE repealed by 2018-56-22, effective February 22, 2019 (BC Reg 30/2019).

  Section 31 BEFORE amended by 2004-32-11, effective July 23, 2004 (BC Reg 339/2004).

  Section 31 BEFORE amended by 2018-56-23, effective February 22, 2019 (BC Reg 30/2019).

  Section 31 BEFORE amended by 2019-32-20, effective September 30, 2020 (BC Reg 57/2020).

  Section 32 BEFORE amended by 2004-32-12, effective July 23, 2004 (BC Reg 339/2004).

  Section 32 BEFORE re-enacted by 2018-56-24, effective February 22, 2019 (BC Reg 30/2019).

  Section 32 (b) BEFORE amended by 2019-32-21, effective March 12, 2020 (BC Reg 57/2020).

(b) notify the appropriate local government or first nation government and registrar of titles of the exclusion.

  Section 33 (3) BEFORE amended by 2004-32-13, effective July 23, 2004 (BC Reg 339/2004).

(3)  If a local government or an authority makes a decision in a matter delegated to it under an agreement entered into under section 26 (1), subsections (1) and (2) of this section apply as if the local government or authority were the commission.

  Section 33 BEFORE re-enacted by 2019-32-22(part), effective March 12, 2020 (BC Reg 57/2020).

  Section 33.1 was enacted by 2011-27-7, effective November 24, 2011 (Royal Assent).

  Section 33.1 (1) BEFORE amended by 2014-25-8, effective September 5, 2014 (BC Reg 167/2014).

(1) The chair of the commission may, in writing, direct the executive committee to reconsider a decision made by a panel established under section 11 (2) 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), if

(a) the chair considers that the decision may not fulfill the purposes of the commission as set out in section 6, and

(b) the chair makes the direction to the executive committee within 60 days of the decision being made.

  Section 33.1 (1) (a) BEFORE amended by 2018-56-25, effective February 22, 2019 (BC Reg 30/2019).

(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

  Section 33.1 (1) and (4) BEFORE amended by 2019-32-23, effective March 12, 2020 (BC Reg 57/2020).

(1) The chair of the commission may, in writing, direct the executive committee to reconsider a decision made by a panel 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), if

(a) the chair considers that the decision may not fulfill the purposes of the commission as set out in section 6, and

(b) the chair makes the direction to the executive committee within 60 days of the decision being made.

(4) For the purposes of subsection (3), the executive committee has all the powers, duties and functions of the commission.

  Section 34 (1) BEFORE amended by 2003-66-2, effective October 23, 2003 (Royal Assent).

(1)  In this section and in sections 35 and 36, "application" means an application for inclusion under section 17, for exclusion under section 29 or 30, or for a non-farm use or subdivision under section 25 (1).

  Section 34 (2) BEFORE amended by 2004-32-14(a), effective July 23, 2004 (BC Reg 339/2004).

(2)  A local government that makes an application to the commission under section 29 must pay the prescribed application fee.

  Section 34 (3) (d) was added by 2004-32-14(b), effective July 23, 2004 (BC Reg 339/2004).

  Section 34 (3.1) was added by 2004-32-14(c), effective July 23, 2004 (BC Reg 339/2004).

  Section 34 (4) BEFORE amended by 2004-32-14(d), effective July 23, 2004 (BC Reg 339/2004).

(4)  A local government that receives an application under subsection (3) must

  Section 34 (4) (b) BEFORE amended by 2004-32-14(e), effective July 23, 2004 (BC Reg 339/2004).

(b) subject to subsection (5), forward to the commission the application together with the local government's comments and recommendations concerning the application.

  Section 34 (5) BEFORE amended by 2004-32-14(f), effective July 23, 2004 (BC Reg 339/2004).

(5)  In respect of an application or proposed application to which section 25 (3) or 30 (4) applies, the requirement in subsection (4) (b) of this section to forward the application to the commission does not apply if the local government's authorization, required by section 25 (3) or 30 (4), is refused.

  Section 34 (7) BEFORE amended by 2004-32-14(g), effective July 23, 2004 (BC Reg 339/2004).

(7)  In respect of an application to the commission referred to in subsection (6), the commission may request comments and information from the local government for the area in which the land described in the application is located.

  Section 34 (3) (d) and (3.1) BEFORE amended by 2007-36-7, effective April 3, 2009 (BC Reg 55/2009).

(d) to the first nation government, if the land described in the application is in the treaty settlement lands of the first nation.

(3.1)  Despite subsection (3), a first nation government that makes an application as the owner of proposed treaty settlement lands must do so by

(a) submitting the application, and

(b) except in the case of an application under section 17 (3), paying the prescribed fee

to the commission.

  Section 34 (1), (2), (3) and (3.1) BEFORE amended by 2018-56-26, effective February 22, 2019 (BC Reg 30/2019).

(1) In this section and in sections 35 and 36, "application" means an application for inclusion under section 17, for exclusion under section 29 or 30, for a non-farm use under section 20 or for a subdivision under section 21.

(2) A local government or a first nation government that makes an application to the commission under section 29 must pay the prescribed application fee.

(3) A person who makes an application referred to in subsection (1) must do so by submitting the application and, except in the case of an application for inclusion under section 17, by paying the prescribed fee,

(a) to the municipality, if the land described in the application is in a municipality,

(b) to 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) to the Islands Trust, if the land described in the application is within a local trust area under the Islands Trust Act, and

(d) to the first nation government, if the land described in the application is in the settlement lands of the first nation.

(3.1) Despite subsection (3), a first nation government that makes an application as the owner of proposed settlement lands must do so by

(a) submitting the application, and

(b) except in the case of an application under section 17 (3), paying the prescribed fee

to the commission.

  Section 34 BEFORE re-enacted by 2019-32-24, effective September 30, 2020 (BC Reg 57/2020).

  Section 34.1 was enacted by 2011-27-7, effective November 24, 2011 (Royal Assent).

  Section 34.1 (1) (a) BEFORE amended by 2018-56-27(a), effective February 22, 2019 (BC Reg 30/2019).

(a) in respect of a decision made under section 25 (1) (b) or (c), the person who made the application under section 20 (3) or 21 (2) resulting in the decision, or

  Section 34.1 (2) (part) BEFORE amended by 2018-56-27(b), effective February 22, 2019 (BC Reg 30/2019).

(2) If the commission makes a decision under section 25 (1) (b) or (c) or 30 (2) (b) or (c) and imposes one or more terms under section 25 (2) or 30 (3), as applicable, the applicant must submit to the commission

  Section 34.1 BEFORE re-enacted by 2019-32-24, effective September 30, 2020 (BC Reg 57/2020).

  Section 35 (1) BEFORE amended by 2004-32-15(a), effective July 23, 2004 (BC Reg 339/2004).

(1)  A local government that receives application fees under section 34

  Section 35 (2) BEFORE amended by 2004-32-15(b), effective July 23, 2004 (BC Reg 339/2004).

(2)  Despite subsection (1), if section 25 (3) or 30 (4) applies to an application or a proposed application and the local government's authorization required by section 25 (3) or 30 (4) is refused, the portion of the application fee that would otherwise be remitted to the commission under subsection (1) (b) must be returned to the applicant by the local government.

  Section 35 (3) BEFORE amended by 2004-32-15(c), effective July 23, 2004 (BC Reg 339/2004).

(3)  Subject to the approval of the commission, if the designated local government officer considers that a case of hardship exists, the officer may waive the application fee payable under section 34 (3).

  Section 35 (5) BEFORE amended by 2004-32-15(d), effective July 23, 2004 (BC Reg 339/2004).

(5)  If, under section 34 (7), the commission requests comments or information from a local government, the commission may pay a prescribed portion of the application fee to the local government.

  Section 35 BEFORE re-enacted by 2019-32-24, effective September 30, 2020 (BC Reg 57/2020).

  Section 35.1 was enacted by 2019-32-24, effective September 30, 2020 (BC Reg 57/2020).

  Section 36 (1) BEFORE amended by 2004-32-16, effective July 23, 2004 (BC Reg 339/2004).

(1)  A person who makes an application under section 34 must, in the prescribed circumstances,

  Section 36 (1) BEFORE amended by 2019-32-25, effective September 30, 2020 (BC Reg 57/2020).

(1) A person who makes an application referred to in section 34 must, in the prescribed circumstances,

(a) give notice of the application in accordance with the regulations before submitting the application, and

(b) provide evidence, satisfactory to the commission, that the applicant has complied with the notice requirements of the regulations.

  Section 37 BEFORE amended by 2018-56-28, effective February 22, 2019 (BC Reg 30/2019).

  Section 38 BEFORE amended by 2004-32-17, effective July 23, 2004 (BC Reg 339/2004).

  Section 39 BEFORE re-enacted by 2007-9-36, effective June 21, 2007 (BC Reg 226/2007).

  Section 40 (4) BEFORE amended by 2004-32-18, effective July 23, 2004 (BC Reg 339/2004).

(4)  The Lieutenant Governor in Council may make an order under subsection (1) on the Lieutenant Governor in Council's own initiative or at the request of a local government or the commission.

  Section 40 (1) (part) BEFORE amended by 2018-56-29(a), effective February 22, 2019 (BC Reg 30/2019).

(1) If the Lieutenant Governor in Council considers it to be in the Provincial interest, the Lieutenant Governor in Council by order, may refer to the board, for the purpose of a public hearing described in section 43, any of the following matters before the commission at the time of the order:

  Section 40 (1) (a) and (b) BEFORE amended by 2018-56-29(b), effective February 22, 2019 (BC Reg 30/2019).

(a) an application for inclusion under section 17, or for exclusion under section 29 (1) (a) or 30 (1);

(b) an application for non-farm use or for subdivision under section 29 (1) (b);

  Section 40 (1) (b.1) was added by 2018-56-29(b), effective February 22, 2019 (BC Reg 30/2019).

  Section 40 (1) (c) (ii) and (iii) BEFORE amended by 2018-56-29(c), effective February 22, 2019 (BC Reg 30/2019).

(ii) the exclusion from a reserve under section 29 (1) (a), or

(iii) the granting of the permission for non-farm use or for subdivision under section 29 (1) (b);

  Section 40 (1) (c) (ii) and (iii) BEFORE amended by 2019-32-26, effective September 30, 2020 (BC Reg 57/2020).

(ii) an exclusion under section 29 (1) (a), or

(iii) a permission granted under section 29 (1) (b);

  Section 42 (1) BEFORE amended by 2019-32-27, effective March 12, 2020 (BC Reg 57/2020).

(1) On the date of an order under section 40 referring a matter to the board, the commission's powers, duties and functions under this Act in relation to the matter are transferred to the Lieutenant Governor in Council to the extent necessary to enable the Lieutenant Governor in Council to act in accordance with section 45.

  Section 43 (5) BEFORE amended by 2014-25-9, effective September 5, 2014 (BC Reg 167/2014).

(5) The board must hold at least one public hearing with respect to the matter in each of the following regions:

(a) Interior;

(b) Island;

(c) Kootenay;

(d) North;

(e) Okanagan;

(f) South Coastal.

  Section 43 (3) (c) and (d) BEFORE amended by 2018-56-30, effective February 22, 2019 (BC Reg 30/2019).

(c) an exclusion from a reserve under section 29 (1) (a) or 30 (1);

(d) the granting or refusal of the permission referred to in section 29 (1) (b);

  Section 43 (5) BEFORE amended by 2019-32-28(b), effective March 12, 2020 (BC Reg 57/2020).

(5) The board must hold at least one public hearing with respect to the matter in each panel region.

  Section 43 (3) (c) and (d) BEFORE amended by 2019-32-28(a), effective September 30, 2020 (BC Reg 57/2020).

(c) an exclusion under section 29 (1) (a) or 30 (1);

(d) a permission granted or refused under section 29 (1) (b);

  Section 43 (3) (c.1) was added by 2019-32-28(a), effective September 30, 2020 (BC Reg 57/2020).

  Section 44 (3) BEFORE amended and subsection (3.1) was added by 2014-25-10, effective September 5, 2014 (BC Reg 167/2014).

(3) In making the recommendations referred to in subsection (2), the board must give weight to the following values in descending order of priority:

(a) agricultural values, including the preservation of agricultural land and the promotion of agricultural purposes;

(b) environmental and heritage values, but only if

(i) those values cannot be replaced or relocated to land other than agricultural land, or

(ii) giving weight to those values results in no net loss to the agricultural capabilities of the area;

(c) economic, cultural and social values.

  Section 44 (3) (part) BEFORE amended by 2018-56-31(a), effective February 22, 2019 (BC Reg 30/2019).

(3) In making the recommendations referred to in subsection (2), in relation to land located in Zone 1, the board must give weight to the following values in descending order of priority:

  Section 44 (3.1) BEFORE repealed by 2018-56-31(b), effective February 22, 2019 (BC Reg 30/2019).

(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.

  Section 44 (3) (a) BEFORE amended by 2019-32-29, effective March 12, 2020 (BC Reg 57/2020).

(a) agricultural values, including the preservation of agricultural land and the promotion of agricultural purposes;

  Section 45 (2) BEFORE amended by 2014-25-11, effective September 5, 2014 (BC Reg 167/2014).

(2) Section 44 (3) applies to a decision made under subsection (1) of this section.

  Section 45 (1) (a) BEFORE amended by 2018-56-32(a), effective February 22, 2019 (BC Reg 30/2019).

(a) granting or refusing to grant the approval, designation, exclusion or permission applied for, in the case of a matter described in section 40 (1) (a) or (b),

  Section 45 (2) BEFORE amended by 2018-56-32(b), effective February 22, 2019 (BC Reg 30/2019).

(2) Section 44 (3) and (3.1) applies to a decision made under subsection (1) of this section.

  Section 46 (1) (c) was added by 2004-32-19(a), effective July 23, 2004 (BC Reg 339/2004).

  Section 46 (2) BEFORE amended by 2004-32-19(b), effective July 23, 2004 (BC Reg 339/2004).

(2)  A local government must ensure that its bylaws are consistent with this Act, the regulations and the orders of the commission.

  Section 46 (3), (4) and (6) BEFORE amended by 2004-32-19(c), effective July 23, 2004 (BC Reg 339/2004).

(3)  Subject to subsection (4), nothing in this Act affects or impairs the validity of a bylaw relating to the use of agricultural land in an agricultural land reserve.

(4)  A bylaw that is inconsistent with this Act, the regulations or an order of the commission has, to the extent of the inconsistency, no force or effect.

(6)  A bylaw that provides restrictions on farm use of agricultural land additional to those provided by this Act and the regulations is not, for that reason alone, inconsistent with this Act and the regulations.

  Section 46 (5) BEFORE amended by 2004-32-19(d), effective July 23, 2004 (BC Reg 339/2004).

(5)  Without limiting subsection (4), a bylaw is deemed to be inconsistent with this Act if it

(a) allows a use of land in an agricultural land reserve that is not permitted by this Act, the regulations or an order of the commission, or

(b) contemplates a use of land that would impair or impede the intent of this Act, the regulations or an order of the commission, whether or not that use requires the adoption of any further bylaw, the giving of any consent or approval or the making of any order.

  Section 46 (7) BEFORE amended by 2004-32-19(e), effective July 23, 2004 (BC Reg 339/2004).

(7)  This section applies only to bylaws made after August 26, 1994.

  Section 46 (5) (a) BEFORE amended by 2007-14-73, effective December 1, 2007 (BC Reg 354/2007).

(a) allows a use of land in an agricultural land reserve that is not permitted by this Act, the regulations or an order of the commission, or

  Section 46 (6) BEFORE amended by 2007-14-202,Sch, effective December 1, 2007 (BC Reg 354/2007).

(6)  A local government bylaw or a first nation government law that provides restrictions on farm use of agricultural land additional to those provided by this Act and the regulations is not, for that reason alone, inconsistent with this Act and the regulations.

  Section 46 (1) (c) BEFORE amended by 2007-36-11, effective April 3, 2009 (BC Reg 55/2009).

(c) a first nation government law respecting land use within the treaty settlement lands of the first nation government.

  Section 46 (3), (5) and (6) BEFORE amended by 2018-56-33, effective February 22, 2019 (BC Reg 30/2019).

(3) Subject to subsection (4), nothing in this Act affects or impairs the validity of a local government bylaw or a first nation government law relating to the use of agricultural land in an agricultural land reserve.

(5) Without limiting subsection (4), a local government bylaw or a first nation government law is deemed to be inconsistent with this Act if it

(a) allows a use of land in an agricultural land reserve that is not permitted under this Act, or

(b) contemplates a use of land that would impair or impede the intent of this Act, the regulations or an order of the commission, whether or not that use requires the adoption of any further bylaw or law, the giving of any consent or approval or the making of any order.

(6) A local government bylaw or a first nation government law that provides restrictions on farm use of agricultural land additional to those provided under this Act is not, for that reason alone, inconsistent with this Act and the regulations.

  Section 47 BEFORE amended by 2016-5-45,Sch7, effective March 10, 2016 (Royal Assent).

  Section 48 BEFORE amended by 2004-32-20, effective July 23, 2004 (BC Reg 339/2004).

  Section 49 (1) (f) was added by 2011-27-8(a), effective November 24, 2011 (Royal Assent).

  Section 49 (3) was added by 2011-27-8(b), effective November 24, 2011 (Royal Assent).

  Section 49 (1) (b) (iii) BEFORE amended by 2018-56-34, effective February 22, 2019 (BC Reg 30/2019).

(iii) the potential impact of proposed changes to the use of the land on land in an agricultural land reserve;

  Section 52.1 was enacted by 2019-32-30, effective September 30, 2020 (BC Reg 149/2020).

  Section 52.2 (part) was enacted by 2019-32-30(part), effective September 30, 2020 (BC Reg 149/2020).

  Section 53 (1) (a) BEFORE amended by 2011-27-9, effective November 24, 2011 (Royal Assent).

(a) that a person is not complying, or has not complied, with a determination, a decision or an order under section 50, 52 or 54 (1),

  Section 53 (1) (c) BEFORE amended by 2018-56-35, effective February 22, 2019 (BC Reg 30/2019).

(c) that a present or future activity or use of agricultural land in an agricultural land reserve may contravene this Act, the regulations, an order of the commission or a determination, a decision or an order under section 50, 52 or 54 (1).

  Section 55 (1) BEFORE amended by 2004-45-65, effective October 15, 2004 (BC Reg 425/2004).

(1)  A person who is the subject of a determination, a decision or an order under section 50, 52 or 54 (1) may appeal the determination, decision, order or penalty to the commission by serving the commission with a notice of appeal in a form, and containing the information, prescribed by the commission.

  Section 55 (4) BEFORE repealed by 2004-45-65, effective October 15, 2004 (BC Reg 425/2004).

(4)  Unless the commission orders otherwise, an appeal under this section does not operate to stay or suspend the operation of the determination, decision, order or penalty under appeal.

  Section 55 (5) was added by 2004-45-65, effective October 15, 2004 (BC Reg 425/2004).

  Section 55 (5) BEFORE amended by 2007-14-4, effective October 18, 2007 (BC Reg 311/2007).

(5)  For the purposes of an appeal under this section, sections 11 to 15, 17 to 21, 23 to 25, 31 (1) (a) to (e) and (g), (2) and (3), 32, 33, 35 to 37, 39, 40, 44, 48, 50 to 55, 57, 58, 60 (a) and (b) and 61 of the Administrative Tribunals Act apply to the commission.

  Section 55 (5) BEFORE repealed by 2015-10-36, effective December 18, 2015 (BC Reg 240/2015).

(5) For the purposes of an appeal under this section, sections 11 to 15, 17 to 21, 23 to 25, 31 (1) (a) to (e) and (g), (2) and (3), 32, 33, 35 to 37, 39, 40, 44, 46.3, 48, 50 to 55, 57, 58, 60 (a) and (b) and 61 of the Administrative Tribunals Act apply to the commission.

  Section 55 (2) (a) BEFORE amended by 2019-32-31, effective March 12, 2020 (BC Reg 57/2020).

(a) confirm or reverse the determination, decision, order or penalty, or

  Section 55.01 was enacted by 2015-10-37, effective December 18, 2015 (BC Reg 240/2015).

  Section 55.01 (a) (vii) BEFORE repealed by 2019-32-32, effective March 12, 2020 (BC Reg 57/2020).

(vii) section 30 [tribunal duties];

  Section 55.1 was added by 2004-45-66, effective October 15, 2004 (BC Reg 425/2004).

  Section 55.2 was added by 2004-45-66, effective October 15, 2004 (BC Reg 425/2004).

  Section 55.2 BEFORE repealed by 2015-10-38, effective December 18, 2015 (BC Reg 240/2015).

  Section 56 (1) BEFORE amended by 2003-66-3, effective October 23, 2003 (Royal Assent).

(1)  If, under an agreement under section 26, a local government or an authority acts in the place of the commission, sections 49, 50 and 52 to 55 apply to

(a) the local government or authority, and

(b) a person designated by the local government or authority to exercise the powers under those sections.

  Section 56 (1) BEFORE amended by 2004-32-21(a), effective July 23, 2004 (BC Reg 339/2004).

(1)  If, under an agreement under section 26, a local government or an authority acts in the place of the commission, sections 49 to 55 apply to

  Section 56 (1) (a) and (b) BEFORE amended by 2004-32-21(b), effective July 23, 2004 (BC Reg 339/2004).

(a) the local government or authority, and

(b) a person designated by the local government or authority to exercise the powers under those sections.

  Section 56 (2) BEFORE amended by 2004-32-21(c), effective July 23, 2004 (BC Reg 339/2004).

(2)  Despite section 43 of the Provincial Court Act, if a local government imposes a penalty under section 54 of this Act, the penalty is payable to and may be retained by the local government.

  Section 56 BEFORE amended by 2019-32-33, effective March 12, 2020 (BC Reg 57/2020).

  Section 57 (1) (b.1) and (b.2) were added by 2018-56-36, effective February 22, 2019 (BC Reg 30/2019).

  Section 57 (1) (c.1) was added by 2019-32-34, effective March 12, 2020 (BC Reg 57/2020).

  Section 58 (2) (b) BEFORE amended by 2004-32-22(a), effective July 23, 2004 (BC Reg 339/2004).

(b) prescribing permitted uses and permitted types of subdivision for agricultural land, and specifying permitted uses that may or may not be prohibited by a local government enactment;

  Section 58 (2) (g) BEFORE amended by 2004-32-22(b), effective July 23, 2004 (BC Reg 339/2004).

(g) respecting the manner of holding hearings and meetings and prescribing notice requirements for applications, hearings and other matters;

  Section 58 (2) (h) BEFORE amended by 2004-32-22(c), effective July 23, 2004 (BC Reg 339/2004).

(h) specifying non-farm uses that a local government, an authority, a board or another agency may permit on agricultural land for the purposes of section 18 (a);

  Section 58 (2) (m) and (o) BEFORE amended by 2004-32-22(d), effective July 23, 2004 (BC Reg 339/2004).

(m) respecting the manner in which a local government is required for the purposes of section 34 (4) to

(o) prescribing the portion of the application fee to be retained for the purposes of section 35 (1) (a), specifying the prescribed times for the purposes of section 35 (1) (b) or prescribing the portion to be paid to the local government for the purposes of section 35 (5);

  Section 58 (2) (d.1), (d.2) and (d.3) were added by 2011-27-10(a), effective November 24, 2011 (Royal Assent).

  Section 58 (4), (5) and (6) were added by 2011-27-10(b), effective November 24, 2011 (Royal Assent).

  Section 58 (2) paragraphs (c.1), (c.2), (e.1), (e.2), (e.3), (e.4) and (e.5) were added by 2014-25-12, effective September 5, 2014 (BC Reg 167/2014).

  Section 58 (3) (f) BEFORE amended by 2014-25-12, effective September 5, 2014 (BC Reg 167/2014).

(f) establishing policies and procedures to be followed by the commission in conducting its affairs, performing its duties and functions and exercising its powers;

  Section 58 (7) was added by 2014-25-12, effective September 5, 2014 (BC Reg 167/2014).

  Section 58 (2) (a.1) and (j.1) were added by 2014-31-3(a),(b), effective November 27, 2014 (Royal Assent).

  Section 58 (2) (b) BEFORE amended by 2014-31-3(b), effective November 27, 2014 (Royal Assent).

(b) prescribing permitted uses and permitted types of subdivision for agricultural land, and specifying permitted uses that may or may not be prohibited by a local government enactment or a law of a first nation government;

  Section 58 (2) (l.1), and subsections (8) and (9) were added by 2016-21-2, effective May 19, 2016 (Royal Assent).

  Section 58 (2) (a) BEFORE amended by 2018-56-37(a), effective February 22, 2019 (BC Reg 30/2019).

(a) designating uses of land as farm use;

  Section 58 (2) (c.1) and (h) BEFORE repealed by 2018-56-37(b), effective February 22, 2019 (BC Reg 30/2019).

(c.1) prescribing additional considerations that the commission must consider in Zone 2;

(h) specifying non-farm uses that a local government, a first nation government, an authority, a board or another agency may permit on agricultural land for the purposes of section 18 (a);

  Section 58 (2) (d.2) (part) BEFORE amended by 2018-56-37(c), effective February 22, 2019 (BC Reg 30/2019).

(d.2) respecting fees for the purposes of sections 34.1 (2) (c) and 49 (3), including, without limitation,

  Section 58 (2) (i) and (j) BEFORE amended by 2018-56-37(d) and (e), effective February 22, 2019 (BC Reg 30/2019).

(i) prescribing exceptions to the prohibitions under section 19 respecting subdivision of land;

(j) specifying non-farm uses for the purposes of section 20 and specifying circumstances in which removal of soil and the placement of fill are not to be considered non-farm uses;

  Section 58 (2) (j.1) BEFORE repealed by 2018-56-37(f), effective February 22, 2019 (BC Reg 30/2019).

(j.1) for the purposes of section 21 (1), prescribing permitted types of subdivision of agricultural land; 

  Section 58 (2) (j.2) to (j.9) were added by 2018-56-37(g), effective February 22, 2019 (BC Reg 30/2019).

  Section 58 (3) (i) BEFORE amended by 2018-56-38(a), effective February 22, 2019 (BC Reg 30/2019).

(i) respecting the setting of boundaries of agricultural land reserves and the form, content, maintenance and correction of records of those boundaries.

  Section 58 (5), (6) and (8) BEFORE amended by 2018-56-38(b), (c) and (e), effective February 22, 2019 (BC Reg 30/2019).

(5) Regulations under subsection (2) (d.2) may be different for different types of information, powers exercised under section 49 (1), types of applications, types of applicants, types of land use or circumstances.

(6) Regulations under subsection (2) (d.3) may be different for different types of land use, types of terms imposed in respect of land use or circumstances.

(8) Regulations under subsection (2) (a), (a.1), (b) and (j) may

(a) impose limits or conditions on land use, including, without limitation, limits or conditions that take into account

(i) agricultural values, including preserving agricultural land, maintaining agricultural capability and productivity, and promoting agricultural purposes,

(ii) environmental and heritage values, and

(iii) economic, cultural and social values, and

(b) be different for different types of land use, types of limits or conditions imposed in respect of land use, or circumstances.

  Section 58 (7) BEFORE repealed by 2018-56-38(d), effective February 22, 2019 (BC Reg 30/2019).

(7) Regulations under subsections (2) (b), (h), (j) and (s) and (3) (f) may be different for different zones.

  Section 58 (2) (c.2), (e.1) to (e.4) and (f) BEFORE repealed by 2019-32-35(part), effective March 12, 2020 (BC Reg 57/2020).

Note: Repeals are part of a re-enactment of section 58, which comes into force September 30, 2020.

(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;

(f) prescribing additional purposes for paragraph (a) of the definition of "community issue" in section 13 (1);

  Section 58 (3) (f) to (h) BEFORE repealed by 2019-32-35(part), effective March 12, 2020 (BC Reg 57/2020).

Note: Repeals are part of a re-enactment of section 58, which comes into force September 30, 2020.

(f) establishing policies, procedures, rules and requirements to be followed by the commission in conducting its affairs, performing its duties and functions and exercising its powers;

(g) prescribing procedures to facilitate dispute resolution under the Act;

(h) specifying the number of members that constitute a quorum of the commission or a panel;

  Section 58 BEFORE remainder of re-enactment by 2019-32-35(rem), effective September 30, 2020 (BC Reg 57/2020).

  Section 58.1 was enacted by 2019-32-35, effective September 30, 2020 (BC Reg 57/2020).

  Section 58.2 was enacted by 2019-32-35, effective September 30, 2020 (BC Reg 57/2020).

  Section 58.3 was enacted by 2019-32-35, effective September 30, 2020 (BC Reg 57/2020).

  Section 58.4 was enacted by 2019-32-35, effective March 12, 2020 (BC Reg 57/2020).

  Section 58.5 was enacted by 2019-32-35, effective September 30, 2020 (BC Reg 57/2020).

  Section 58.6 was enacted by 2019-32-35, effective September 30, 2020 (BC Reg 57/2020).

  Section 60 (2) BEFORE amended by 2019-32-36, effective March 12, 2020 (BC Reg 57/2020).

(2) The registrar of titles must endorse on every indefeasible title to agricultural land issued after June 29, 1973 that the title may be affected by this Act.

  Section 61 (1) definition of "former Act" BEFORE repealed by 2018-56-39, effective February 22, 2019 (BC Reg 30/2019).

"former Act" means the Land Reserve Commission Act, S.B.C. 1999, c. 14, or the Agricultural Land Reserve Act, R.S.B.C. 1996, c. 10;

  Schedule was enacted by 2014-25-13, effective September 5, 2014 (BC Reg 167/2014).

  Schedule, section 6 (b) BEFORE amended by 2018-23-53,Sch 1, effective October 31, 2018 (Royal Assent).

(b) Greater Vancouver Regional District;