BC’s Agricultural Land Commission TITLE Southern Interior Local Government Association April 21, 2016.

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Presentation transcript:

BC’s Agricultural Land Commission TITLE Southern Interior Local Government Association April 21, 2016

Agricultural Land Commission ALC is an Independent administrative tribunal Carries out mandate set out in ALC Act Interprets & applies the legislation written by go v’t

Sec. 6 Purpose of the ALC Act ALR in BC Preserve agricultural land Encourage farming on agricultural land in collaboration with other communities of interest Encourage local governments, First Nations, the government & its agents to enable & accommodate farm use of agricultural land & uses compatible with agriculture in their plans, bylaws & policies

What’s In? Total Area ALR +/- 4.6 million ha BC +/ million ha What’s Out? 4 The ALR – It’s A Finite Resource in BC

The ALR in BC 5

6 ALR Area by Region RegionALR Area (hectares) Percent ALR Area Okanagan224,9775% Island116,2072% South Coast148,2073% Interior1,528,96833% Kootenay392,5578% North2,210,78349% Total4,621,699100%

Bill 24 – ALC Act Changes September 5, Came into force Split ALR into two zones (Zone 1 and Zone 2) Legislated 6 independent panels Role of the Chair defined Section 4.3 new considerations in zone 2 (economic, cultural and social values)

Zone 1: South Coast, Island & Okanagan Panels Zone 2: Kootenays, Interior & North Panels 8 Zone 1 and Zone 2

Section 4.3 of the ALC Act When exercising a power under this Act in relation to land located in Zone 2, the commission must consider all of the following, in descending order of priority: (a) the purposes set out in Section 6; (b) economic, cultural and social values; (c) regional and community planning objectives; (d) other prescribed considerations.

ALC Governance Model Chair North PanelInterior PanelKootenay PanelOkanagan PanelSouth Coast PanelIsland Panel Full Commission = 19 members 6 Regional Panels = 1 Vice Chair + 2 Commissioners Executive Committee= Chair + 6 Vice Chairs Chair

Refers all applications Region Panel Executive Committee (EC) Reviews all panel decisions (within 60 days) Re-affirms decision Directs EC to reconsider Chair Oversight – Application Pro cess

Authority to refer a particular application to the Executive Committee within 60 days of a decision for reconsideration: o If believes may not fulfill the purpose of Section 6; o Does not adequately take into consideration the considerations set out in Section 4.3. Chair Oversight

Executive Committee Chair and six Vice Chairs Responsible for: o deciding applications referred by the Chair o deciding applications referred by a regional panel o making reconsideration determinations o exercising any other functions delegated by the Commission (i.e. annual reporting)

The Full Commission Develop policies governing the Commission, pass resolutions and bylaws re: conduct of its affairs Recommend legislative or regulatory changes to Gov’t Determine ALR boundary Ensure local government land use planning is compatible with agricultural use of ALR Develop policy that encourages agriculture

ALR Regulation Changes Government amended the regulations in Amendments include: o Medical marihuana production permitted o Farm retail & processing permitted by a Co-operative Association o Breweries, distilleries and meaderies permitted provided the 50% farm product input o Able to lease a portion of a farm for farm purposes

Local Government Partners Local governments, regional and municipal, are partners in agricultural land preservation First step in application process Adopt supportive land use plans, policy, and bylaws Work together to achieve compliance 75% of the ALR is under local government jurisdiction

2016/2017 Budget Lift $1.1M (33%) base-budget increase to better support: o regional panel decision making process o planning work with local governments o compliance and enforcement

Fee Changes – effective April 1 Application Fees: Zone 1 - $1,500(LG portion $300) Zone 2 - $900 (LG portion $300) New Service fees for approved applications: o Document review fees: $150 per document o Site Inspection fees: $350 per inspection o Monitoring fees: $500 - $2,000 annually

ALC Performance Targets Making decisions within 60 business days Refund of ALC fee portion after 90 business days Developing comprehensive compliance and enforcement approach Increasing engagement with local & regional governments & annual survey Annual client survey

Thank you Frank Leonard, Chair Website: