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Dispute Resolution on Community Issues
The Agricultural Land Commission Act provides for a dispute resolution process where the Commission and a local government disagree over a community issue relative to agricultural land.
Community issues are defined in the Act and include public uses such as schools, institutions and utilities as well as matters arising from regional growth strategies and community plans.
By joint agreement, the Commission and a local government can voluntarily agree to submit a matter to an independent, third party dispute resolution facilitator chosen by the parties.
The cost associated with a dispute resolution process is shared between the Commission and the local government.
The facilitator must give weight to the following matters in descending order of priority:
- Agricultural values including the preservation of agricultural land,
- Environmental, economic, social and heritage values but only if such values can not be replaced or relocated to land outside the ALR or where there is no net loss to agricultural capability.
The recommendations of the facilitator are not binding on the parties.
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