Section 1 definition of "farm operation", subparagraph (g) (ii) BEFORE amended by 2002-36-63, effective November 1, 2002 (BC Reg 171/2002).
(ii) in an agricultural land reserve with the approval under the Agricultural Land Reserve Act of the Land Reserve Commission;
Section 1 definition of "Crown Land" was added by 2003-49-1, effective October 23, 2003 (Royal Assent).
Section 1 definition of "board" BEFORE amended by 2003-7-19, effective November 1, 2003 (BC Reg 350/2003).
"board" means the Farm Practices Board established under section 9;
Section 1 definition of "land use regulation" BEFORE amended by 2003-52-61, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
"land use regulation" means an enactment that restricts or prescribes the use to which land or premises may be put or the nature of business or activities that may be conducted on land or premises but does not include a bylaw under section 703, 704, 724, 725 or 728 of the Local Government Act;
Section 1 definition of "farm operation", paragraph (1) BEFORE amended by 2003-55-73, effective January 31, 2004 (BC Reg 7/2004).
(l) an activity, other than grazing or hay cutting, if the activity constitutes a forest practice as defined in the Forest Practices Code of British Columbia Act;
Section 1 definition of "land use regulation", paragraph (a) item added by 2004-34-8, effective January 1, 2004 [retro from May 13, 2004 (Royal Assent).
section 8 (5) [firearms];
Section 1 definition of "farm operation", in paragraph (i) BEFORE amended by 2014-16-107, effective January 19, 2015 (BC Reg 7/2015).
(i) raising or keeping game, within the meaning of the Game Farm Act, by a person licensed to do so under that Act;
Section 1 definition of "farm operation", in paragraph (j) BEFORE repealed by 2014-16-107, effective January 19, 2015 (BC Reg 7/2015).
(j) raising or keeping fur bearing animals, within the meaning of the Fur Farm Act, by a person licensed to do so under that Act;
Section 1 definition of "land use regulation", in paragraph (b) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(b) a bylaw under the following provisions of the Local Government Act:
section 703 [animal control authority];
section 724 [noise control];
section 725 [nuisances and disturbances];
section 728 [fireworks].
Section 1 definition of "farm operation", paragraph (h) BEFORE amended by 2015-14-70, effective January 1, 2017 (BC Reg 261/2016).
(h) aquaculture as defined in the Fisheries Act if carried on by a person licensed, under Part 3 of that Act, to carry on the business of aquaculture;
Section 1 definition of "agricultural land reserve" was added by 2018-56-43(a), effective February 22, 2019 (BC Reg 30/2019).
Section 1 definition of "farm operation", paragraph (g) BEFORE amended by 2018-56-43(b), effective February 22, 2019 (BC Reg 30/2019).
(g) conducting turf production
(i) outside of an agricultural land reserve, or
(ii) in an agricultural land reserve with the approval under the Agricultural Land Commission Act of the Provincial Agricultural Land Commission;
Section 2 (2) (b) BEFORE amended by 2003-49-2, effective October 23, 2003 (Royal Assent).
(b) be conducted on, in or over land
(i) that is in an agricultural land reserve,
(ii) on which, under the Local Government Act, farm use is allowed, or
(iii) as permitted by a valid and subsisting licence, issued to that person under the Fisheries Act, for aquaculture, and
Section 2 (3) (a) item added by 2004-34-9, effective January 1, 2004 [retro from May 13, 2004 (Royal Assent)].
section 8 (5) [firearms];
Section 2 (3) BEFORE amended by 2003-52-62, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(3) If each of the requirements of subsection (2), except subsection (2) (b) (ii), is fulfilled in relation to a farm operation conducted as part of a farm business,
(a) despite section 267 of the Local Government Act, and despite section 794 (5) of that Act under which section 267 is made applicable for the purposes of Part 24 of that Act, the farmer does not contravene a bylaw made under section 703, 704, 724, 725, 728 or 797.1 (1) (c) or (d) of the Local Government Act, by the council of a municipality or by the board of a regional district, only because of conducting that farm operation, and
(b) despite section 281 of the Local Government Act, and despite section 847 (1) of that Act under which section 281 is made applicable to a regional district and its board, the farmer must not be prevented by injunction or other order of a court from conducting that farm operation.
Section 2 (2) (c) BEFORE amended by 2003-53-148, effective July 8, 2004 (BC Reg 317/2004).
(c) not be conducted in contravention of the Health Act, Pesticide Control Act, Waste Management Act, the regulations under those Acts or any land use regulation.
Section 2 (2) (c) BEFORE amended by 2003-58-42, effective December 31, 2004 (BC Reg 599/2004).
(c) not be conducted in contravention of the Health Act, Pesticide Control Act, Environmental Management Act, the regulations under those Acts or any land use regulation.
Section 2 (2) (c) BEFORE amended by 2008-28-146, effective March 31, 2009 (BC Reg 49/2009).
(c) not be conducted in contravention of the Health Act, Integrated Pest Management Act, Environmental Management Act, the regulations under those Acts or any land use regulation.
Section 2 (3) (b) and (c) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(b) despite section 267 of the Local Government Act, a farmer does not contravene a bylaw made under the following provisions of the Local Government Act only by conducting that farm operation:
section 703 [animal control authority];
section 724 [noise control];
section 725 [nuisances and disturbances];
section 728 [fireworks];
Section 2 (2) (b) (iii) BEFORE amended by 2015-14-71, effective January 1, 2017 (BC Reg 261/2016).
(iii) as permitted by a valid and subsisting licence, issued to that person under the Fisheries Act, for aquaculture, or
Section 5 BEFORE re-enacted by 2015-10-66, effective December 18, 2015 (BC Reg 240/2015).
Establishing panels to hear complaints
5 After receipt of an application that meets the requirements of section 3, the chair of the board, if satisfied that any consultations under section 4 have been terminated without achieving a settlement of the complaint, or that settlement is unlikely, must
(a) establish a panel of the board to hear the complaint, and
Section 6 (3), (4) and (5) BEFORE repealed by 2015-10-67, effective December 18, 2015 (BC Reg 240/2015).
(3) The chair of the board must give written reasons for a decision under subsection (2) refusing to refer an application to a panel.
(4) A panel must give written reasons for a decision under subsection (1) or (2).
(5) Written notice of the decision, under this section, of the chair of the board or a panel, accompanied by the written reasons for the decision, must be delivered to the complainant and the farmer affected by the decision.
Section 6.1 BEFORE repealed by 2015-10-67, effective December 18, 2015 (BC Reg 240/2015).
Enforcement of board's orders
6.1 (1) A party in whose favour the board makes an order under section 6 (1) (b), or a person designated in the order, may file a certified copy of the order with the Supreme Court.
(2) An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.
Section 7 BEFORE repealed by 2015-10-67, effective December 18, 2015 (BC Reg 240/2015).
Conduct of hearings
7 (1) Subject to any regulations under section 12 (2) (c), the board may determine the practices and procedures to be followed for the purposes of hearings required under section 6.
(2) A hearing is open to the public and may be conducted in an informal manner.
(3) The chair of the board or a panel may receive or accept evidence whether or not it would be admissible in a court of law.
(4) If a member of a panel is absent or unable to attend a hearing, the member is disqualified from continuing to participate in the hearing, and the member or members remaining present may exercise and perform all the jurisdiction, powers and duties of the panel.
(5) Despite subsection (2), a panel of the board may exclude the public from a hearing for the purpose of receiving evidence if the panel considers that the desirability of avoiding disclosure of the evidence in order to protect the interest of any person, or to protect the public interest, outweighs the desirability of public disclosure.
Section 8 (1) BEFORE amended by 2015-10-68, effective December 18, 2015 (BC Reg 240/2015).
(1) Within 60 days after receiving written notice, in accordance with section 6 (5), of a decision of the chair or a panel of the board made under section 6, the complainant or farmer affected by the decision may appeal the decision to the Supreme Court on a question of law or jurisdiction.
Section 9 BEFORE repealed by 2003-7-21, effective November 1, 2003 (BC Reg 350/2003).
Establishment of the Farm Practices Board
9 (1) A board to be known as the Farm Practices Board is established, consisting of
(a) the members of the British Columbia Marketing Board, and
(b) not more than 10 additional members whom the minister may appoint to the Farm Practices Board.
(2) The chair of the British Columbia Marketing Board is also the chair of the Farm Practices Board.
(3) The chair may designate one or 2 vice chairs of the Farm Practices Board from among its members.
(4) In the absence of the chair, or if the chair is unable to act, a vice chair has the powers of the chair.
(5) The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of the chair, the vice chair and the members of the Farm Practices Board in relation to carrying out their responsibilities under this Act.
Section 10 (1) and (2) BEFORE repealed by 2003-7-22, effective November 1, 2003 (BC Reg 350/2003).
(1) The British Columbia Marketing Board may provide the Farm Practices Board with administrative and other services.
(2) Employees who are, after taking into account the availability of any services that may be provided to the board under subsection (1), considered necessary to carry out the powers and duties of the board under this Act may be appointed under the Public Service Act.
Section 10 BEFORE repealed by 2015-10-67, effective December 18, 2015 (BC Reg 240/2015).
Staff
10 (1)-(2) [Repealed 2003-7-22.]
(3) In accordance with any regulations under section 12 (2) (d), the board may engage or retain specialists and consultants that the board, after taking into account the availability of any services that may be provided to the board under subsection (1), considers necessary to carry out the powers and duties of the board, and the board may determine their remuneration.
(4) The Public Service Act does not apply to the engagement, retention or remuneration of specialists and consultants engaged or retained under subsection (3).
Section 11 (5) BEFORE amended by 2007-9-50, effective June 21, 2007 (BC Reg 226/2007).
(5) In carrying out their powers and duties under this Act, the board members have the powers, privileges and protections of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
Section 11 (1) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) The board, the chair of the board or a panel of the board may exercise the powers and perform the duties that are conferred or imposed on it by or under this Act.
Section 11 (5) BEFORE repealed by 2015-10-67, effective December 18, 2015 (BC Reg 240/2015).
(5) For the purposes of carrying out its powers and duties under this Act, sections 34 (3) and (4), 48, 49 and 56 of the Administrative Tribunals Act apply to the board.
Section 12 (2) (a) and (e) BEFORE repealed by 2015-10-70, effective December 18, 2015 (BC Reg 240/2015).
(a) prescribing fees payable in respect of an application made under section 3;
(e) prescribing the number of members that constitutes a quorum at any meeting of the board.