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B.C. Reg. 339/2004, deposited July 23, 2004, pursuant to the AGRICULTURAL LAND COMMISSION ACT [Section 58] and the AGRICULTURAL LAND COMMISSION AMENDMENT ACT, 2004 [Section 23]. Order in Council 822/2004, approved and ordered July 22, 2004.
On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that
(a) the Agricultural Land Commission Amendment Act, S.B.C. 2004, c. 32, is brought into force, and
(b) the Agricultural Land Reserve Use, Subdivision and Procedure Regulation, B.C. Reg. 171/2002, is amended as set out in the attached Schedule.
— G. ABBOTT, Minister of Sustainable Resource Management; J. van DONGEN, Presiding Member of the Executive Council.
Schedule
1 Section 1 of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation, B.C. Reg. 171/2002, is amended
(a) by adding the following definitions:
"jurisdictional area" means,
(a) in relation to a local government, the land over which that government has legislative authority,
(b) in relation to a treaty first nation government, the treaty settlement lands for that first nation, and
(c) in relation to a pre-treaty first nation government, the proposed treaty settlement lands for that first nation;
"pre-treaty first nation government" means a first nation government referred to in paragraph (b) of the definition of "first nation government" in section 1 of the Act;
"treaty first nation government" means a first nation government referred to in paragraph (a) of the definition of "first nation government" in section 1 of the Act; , and
(b) by repealing the definition of "responsible local government officer".
2 Section 2 (2) is amended by striking out "Local Government Act:" and substituting "Local Government Act or, if the activity is undertaken on treaty settlement lands, by a law of the applicable treaty first nation government:".
3 Section 3 is amended
(a) in subsection (1) by striking out "bylaw:" and substituting "bylaw or, for lands located in an agricultural land reserve that are treaty settlement lands, by a law of the applicable treaty first nation government:",
(b) in subsection (1) (c) and (d) by striking out "bylaw for" and substituting "bylaw, or treaty first nation government law, applicable to",
(c) in subsection (1) (g) by adding "or treaty first nation government" after "local government", and
(d) in subsection (4) by adding the following paragraph:
(d.1) widening an existing constructed road right of way to ease one curve; .
4 Sections 4 (2) and 5 (2) are amended by striking out "local government" and substituting "applicable local government or treaty first nation government".
5 Section 5 is amended
(a) in subsection (1) by striking out "is exempt" and substituting "are exempt", and
(b) in subsection (2) by adding "or place fill" after "remove soil".
6 Section 8 is amended by striking out "responsible local government and the commission must inform the local government of its decision." and substituting "applicable local government or treaty first nation government and the commission must inform that local government or treaty first nation government of its decision."
7 Section 11 (2) is amended by striking out "subsection (1)" and substituting "subsection (1) (a)".
8 Section 12 is amended
(a) by repealing subsection (1) and substituting the following:
(1) An application of a local government or a treaty first nation government to the commission under section 17 or 29 of the Act must be in a form acceptable to the commission and be accompanied by
(a) a report of any public hearing conducted under section 17 (2) or 29 (2) of the Act,
(b) any additional public comments, and
(c) any other supporting material the commission may require. , and
(b) in subsection (2) (b) by striking out "applicable local government." and substituting "applicable local government or treaty first nation government."
9 The following sections are added:
12.1 If a local government or a treaty first nation government makes an application under section 17 or 29 of the Act in respect of land within that government's jurisdictional area, a copy of the application must also be sent by the applicant to the following:
(a) if the land to which the application relates is adjacent to the jurisdictional area of a different local government or treaty first nation government, that different local government or treaty first nation government;
(b) each local government or treaty first nation government whose interests, the applicant believes, will be affected by the application.
12.2 (1) Before making an application under section 17 (1) or 29 of the Act, the applicant must give notice of the application by posting on the land to which the application relates, on a sign measuring at least 60 cm by 120 cm and positioned at the midpoint of a boundary of that land that is adjacent to a constructed road right of way if one exists,
(a) a copy of the signed application, and
(b) a copy of a notice of application in a form acceptable to the commission.
(2) Despite subsection (1), if the requirements of that subsection are not practical, the notice may be given in an alternative means acceptable to the commission.
10 Section 13 is amended
(a) in subsection (1) by striking out "or local government" and substituting ", local government or treaty first nation government", and
(b) in subsection (2) by striking out "2 consecutive issues of a newspaper published or circulated in the municipality or regional district where the land" and substituting "2 issues of a newspaper published or circulated in the municipality, regional district or treaty settlement lands within which the land to which the application relates".
11 Section 14 is amended
(a) in subsection (3) by striking out "municipal council, regional board or local trust committee" and substituting "local government or treaty first nation government", and
(b) in subsection (4) by striking out "or a local government" and substituting ", local government or treaty first nation government".
12 Section 15 is amended
(a) by repealing subsection (1) and substituting the following:
(1) An exclusion application under section 30 of the Act must be in a form acceptable to the commission and must be filed,
(a) if the exclusion application is one referred to in section 34 (3.1) of the Act, with the commission, or
(b) in any other case, with the applicable local government or treaty first nation government. , and
(b) in subsection (2) by striking out "The application must be accompanied by the following" and substituting "An exclusion application must be accompanied by the following when submitted for filing under subsection (1):".
13 Section 16 is amended
(a) in subsection (1) by striking out "At least 7 days before filing an application under section 30 of the Act, an owner must give notice of the application" and substituting "Before filing an exclusion application under section 15 (1), an owner must give notice of the exclusion application",
(b) in subsection (1) (a) by striking out "the application on 2 separate occasions in a newspaper in general circulation in the municipality or regional district in which the land that is the subject of the application is located" and substituting "the exclusion application in at least 2 issues of a newspaper published or circulated in the municipality, regional district or treaty settlement lands within which the land to which the exclusion application relates is located",
(c) in subsection (1) (b) and (c) (i) and (ii) by adding "exclusion" before "application" wherever it appears,
(d) in subsection (1) (c) by striking out "the notice of application and a copy of the application on each owner of land in an agricultural land reserve that" and substituting "the signed exclusion application and a copy of the notice of exclusion application on each owner of land, in an agricultural land reserve, that", and
(e) by repealing subsection (4) and substituting the following:
(4) If an owner of land who files an exclusion application under section 15 (1) receives a response to a notice given under this section, the owner must,
(a) if the application was filed with the commission under section 15 (1) (a), forward a copy of the response to the commission, or
(b) if the application was filed with a local government or treaty first nation government under section 15 (1) (b), forward a copy of the response to that local government or treaty first nation government.
14 The following section is added:
16.1 If land to which an exclusion application filed under section 15 (1) relates is in one jurisdictional area but shares a common boundary with another jurisdictional area, the applicant must, promptly after filing the exclusion application under section 15 (1), send a copy of the exclusion application to the local government or first nation government for that second mentioned jurisdictional area.
15 Sections 17 to 21 are repealed and the following substituted:
17 A local government or treaty first nation government with which an exclusion application is filed under section 15 (1) (b) must not consider that exclusion application under section 30 (4) of the Act until 14 days after all relevant documents have been published, posted and served under section 16 of this regulation.
18 Promptly after an owner making an exclusion application to which section 15 (1) (b) applies has complied with sections 15 and 16, the local government or treaty first nation government with which the exclusion application is filed under section 15 (1) (b) must consider the exclusion application under section 30 (4) of the Act.
19 If an exclusion application is filed under section 15 (1) of this regulation and section 30 (4) or (4.1) of the Act applies, further proceedings must not be taken unless,
(a) in the case of an exclusion application to which section 30 (4) of the Act applies, the local government with which the exclusion application is filed passes the resolution referred to in section 30 (4) of the Act authorizing the exclusion application, or
(b) in the case of an exclusion application to which section 30 (4.1) of the Act applies, the treaty first nation government with which the exclusion application is filed passes the law referred to in section 30 (4.1) of the Act authorizing the exclusion application.
20 If an exclusion application is filed under section 15 (1) of this regulation, the commission or the local government or first nation government in whose jurisdictional area is located the land to which the exclusion application relates may hold a public information meeting with respect to that exclusion application.
21 (1) Subject to section 19, within the applicable time limit under subsection (2) of this section, the local government or first nation government in whose jurisdictional area is located the land to which an exclusion application relates must send to the commission all of the following:
(a) the exclusion application, including the materials required under section 15 (2) and copies of responses received as a result of a notice under section 16;
(b) its comments and recommendations required under section 34 (4) of the Act in a form acceptable to the commission;
(c) a certified copy of any resolution required under section 30 (4) of the Act or of any law required under section 30 (4.1) of the Act;
(d) a report of the public information meeting if one is held;
(e) the comments, if any, of a local government or first nation government to which the exclusion application has been sent under section 16.1 of this regulation;
(f) any other information it wants the commission to consider concerning the exclusion application.
(2) The time limit for sending materials under subsection (1) is
(a) 90 days after receipt of the exclusion application, if a public information meeting is held under section 20, and
(b) 60 days after receipt of the exclusion application in all other cases.
16 Section 22 is amended
(a) in subsections (1), (2) (c) and (3) (b), (c) and (d) by adding "exclusion" before "application" wherever it appears,
(b) in subsection (2) by striking out "Not less than 10 days and not more than 30 days before a meeting required by section 30 of the Act," and substituting "Not more than 30 days before a meeting required under subsection (1) of this section,", and
(c) by repealing subsection (2) (b) and substituting the following:
(b) the local government or first nation in whose jurisdictional area is located the land to which the exclusion application relates; .
17 Section 23 (1) (a) and (b) and (2) is amended by adding "exclusion" before "application."
18 Section 24 (c) is repealed and the following substituted:
(c) hear representations, evidence and opinions of any person present or represented at the meeting, and of the local government or first nation government in whose jurisdictional area is located the land to which the exclusion application relates, that, in the opinion of the commission, are relevant to the exclusion application.
19 Section 26 (2) is repealed and the following substituted:
(2) An inclusion application under section 17 (3) of the Act must be in a form acceptable to the commission and must be filed,
(a) if the inclusion application is one referred to in section 34 (3.1) of the Act, with the commission, or
(b) in any other case, with the applicable local government or treaty first nation government.
20 The following section is added:
26.1 If land to which an inclusion application filed under section 26 (2) relates is in one jurisdictional area but shares a common boundary with another jurisdictional area, the applicant must promptly after filing the inclusion application under section 26 (2) send a copy of the inclusion application to the local government or first nation government for that second mentioned jurisdictional area.
21 Sections 27 to 30 are repealed and the following substituted:
27 If an inclusion application is filed under section 26 (2), the commission or the local government or first nation government in whose jurisdictional area is located the land to which the inclusion application relates may hold a public information meeting with respect to that inclusion application.
28 (1) Within the applicable time limit under subsection (2), the local government or first nation government in whose jurisdictional area is located the land to which an inclusion application relates must send to the commission all of the following:
(a) the inclusion application and any supporting information it wants the commission to consider;
(b) its comments and recommendations required under section 34 (4) of the Act in a form acceptable to the commission;
(c) the comments, if any, of a local government or first nation government to which the inclusion application has been sent under section 26.1 of this regulation.
(2) The time limit for sending materials under subsection (1) is
(a) 90 days after receipt of the inclusion application, if a public information meeting is held under section 27, and
(b) 60 days after receipt of the inclusion application in all other cases.
29 (1) An owner of agricultural land who wishes to use that land for a non-farm use or who wishes to subdivide that land may apply for permission under section 20 or 21 of the Act.
(2) An application under section 20 or 21 of the Act must be in a form acceptable to the commission and must be filed,
(a) if the application is one referred to in section 34 (3.1) of the Act, with the commission, or
(b) in any other case, with the applicable local government or treaty first nation government.
(3) Subsections (1) and (2) do not apply to applications for transportation or utility uses filed with the commission under section 6 of this regulation.
30 Sections 19 and 21 of this regulation apply to an application for permission for a non-farm use under section 20 (3) of the Act or an application for subdivision under section 21 (2) of the Act, and, for that purpose, in sections 19 and 21 of this regulation as they apply to that application,
(a) a reference to an exclusion application must be read as a reference to the application for permission for a non-farm use or for subdivision, as the case may be, and
(b) a reference to section 30 (4) or (4.1) of the Act must be read as a reference to section 25 (3) or (3.1) of the Act.
22 Section 32 is amended by striking out "local government" and substituting "applicable local government or first nation government".
23 Sections 33 (2) and (4) are amended by adding "or first nation government" after "local government".
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