History of the ALR

BC’s Land Commission Act came into effect April 18, 1973. A new Commission, appointed by the Provincial government, established a special land use zone in partnership with local governments to protect BC’s dwindling supply of agricultural land. This zone was called the "Agricultural Land Reserve". ALR boundaries were based on the capability and suitability of the land, its present use, local zoning and input from public hearings. ALR plans for 23 of BC’s 28 regional districts were completed by 1975; in total they protected the 5% of BC which was most critical to the province’s food production.

The primary objective of the original Land Commission Act was to preserve agricultural land and encourage the establishment and maintenance of farms. Secondary objectives were to create parks, acquire greenbelts and assemble land for urban and industrial uses. In 1977 these secondary responsibilities were dropped because they duplicated the efforts of other public agencies.

The normal business of the Commission was often overshadowed in these years by Cabinet’s approval of controversial development proposals. Gloucester Industrial Estates in Langley, the Terra Nova proposal in Richmond, the Spetifore property in Delta and several others became the focus of heated public debate, locally and across BC. These debates actually reaffirmed, rather than weakened, the public’s commitment to protecting agricultural land and its support for the ALC. This commitment and support continue to this day. For example, an opinion survey in 1997 found that over 80% of British Columbians considered it to be unacceptable to remove land from the ALR for urban uses.

The Commission initiated concerted reviews of ALR boundaries during this period, using new maps and better soil information. Eastern Vancouver Island received special attention because of its unique and varied topography. These comprehensive reviews were more effective than adjudicating individual applications, and amply demonstrated the importance of more comprehensive land use planning. Today the Commission continues to refine ALR boundaries all over BC as part of its ongoing review of community plans and land use applications.

Between 1988 and 1991 the Agricultural Land Commission, through regulation introduced by the government of the day, lost its authority to allow or refuse golf courses in the ALR. By November 1991, 181 proposals covering 8,400 hectares of ALR land, many with residential components and resort hotels, were in various stages in the approval process. These residential and recreational developments were primarily proposed for farmland near urban areas, and action by the Provincial government was necessary. It took the form of a moratorium. Of the 181 proposals affected, 89 were eventually allowed to proceed, subject to compliance with local government bylaws and conditions set by the Commission. The remaining proposals were not allowed to proceed, and golf courses were removed as outright uses in the ALR.

Prior to 1993 the Agricultural Land Commission Act allowed direct appeals to Cabinet of decisions of the ALC. Advocacy bodies, landowners, the Canadian Bar Association, politicians, academics, the media, members of the general public and numerous other groups and individuals criticized this process. It was felt that such appeals to Cabinet circumvented administrative fairness and due process, and undermined the Commission, which consisted of experienced people appointed by Cabinet and staffed by professionals. In 1993 the Provincial government, acknowledging these criticisms and recognizing the many potential pitfalls of Ministers reviewing complex decisions, eliminated appeals to Cabinet.

Amendments were made to the Agricultural Land Commission Act in 1994 to strengthen the role of local governments and improve administrative procedures at the ALC. A new legislative provision allowed the Commission to delegate approval of some applications to local governments once agricultural plans and bylaws supportive of agriculture were in place. Requirements were also introduced to ensure that the public had an opportunity to forward comments before exclusion applications were decided. The Commission’s mandate was also broadened to include a more active role in land use planning at the local level.

Research and lessons from other jurisdictions showed that the protection of farmland was most effective when four independent, jurisdiction-wide programs were working in concert:

1. creating a zone where agriculture had first priority (in BC, the ALR);
2. ensuring the tools existed for managing urban growth (in BC, the Growth Strategies Act);
3. allowing farmers to farm (in BC, the Farm Practices Protection (Right to Farm) Act);
4. providing supportive tax policies (in BC, BC Assessment farm tax class).

In 1995 and 1996 these elements finally came together in BC, to better ensure that the province's scarce supply of farmland would be protected in perpetuity.

Defining "provincial interest" (1998)

In July of 1997 the Commission refused an application to exclude 136 hectares of agricultural land to permit several residential and resort-related uses of ALR land at the Six Mile Ranch west of Kamloops. The decision was based on the large area of prime soils involved, the excellent climate of the area and the significant negative impacts on agriculture that would result if the land were excluded. The Commission did not accept that the total benefits offered by the developer would offset the substantial losses to agriculture if the development were to proceed. In its decision, however, the Commission offered to consider a smaller scale proposal that could provide more direct benefits to agriculture.

During the Fall of 1997 a facilitator, Murray Rankin, was hired by the Ministry of Agriculture and Food to develop "options" for the project. Mr Rankin's report included a slightly revised site plan and a significantly revised set of compensation measures from the applicant's initial applicant. His report also recommended that the Province invoke Section 40 of the Agricultural Land Commission Act and declare the project to be in the "provincial interest".

In January 1998, Cabinet declared the project to be in the "provincial interest" and commissioned David Perry to conduct hearings on the matter and prepare a report. At the hearings, held in Kamloops and Vancouver in February, over 500 submissions were made. Although the majority were opposed to the development as proposed, Commissioner Perry recommended to Cabinet that the Six Mile applications be approved subject to certain conditions. These conditions involved implementing benefits to counteract the expected losses to agriculture. In addition, Commissioner Perry recommended that guidelines be developed to define "provincial interest".

In May, Moura Quayle, Dean of Agricultural Sciences at the University of British Columbia, was asked by the Provincial government to lead stakeholder consultations on how to define and use "provincial interest" under the Agricultural Land Commission Act. Since then, Dean Quayle has met with a number of groups and individuals to gather information and ideas on this issue. Among the organizations consulted were the BC Agriculture Council, the Union of BC Municipalities, the BC Institute of Agrologists, and the Agricultural Land Commission. In July Dean Quayle circulated a discussion paper and on August 21 held a workshop in Vancouver to review several options for the definition of "provincial interest". Dean Quayle's report was submitted to the Provincial government in September.

The Agricultural Land Commission recognizes the need to clarify this section of its Act, and welcomes consultation and discussion on this issue.

The Agricultural Land Commission Amendment Act amended the "provincial interest" sections of the Agricultural Land Commission Act. This proposal responds to the recommendations made by Moura Quayle, Dean of Agricultural Sciences at the University of British Columbia, in her Stakes in the Ground report. The Minister of Agriculture and Food asked Dean Quayle to review the "provincial interest" provisions of the Act and make recommendations for improving the decision-making process. This followed recommendations made by David Perry who held hearings in Kamloops and Vancouver on the "provincial interest" related to the development on ALR lands at Six Mile Ranch.

The specific amendments were designed to:

• clearly define "provincial interest" and when the authority can be used;
• amend the "balancing test" to confirm that agriculture is the first priority for any consideration (under these sections of the Act) about the use of land in the Agricultural Land Reserve; and
• add procedural requirements to better ensure decision-making is informed, open and accountable.

"Provincial interest" is defined as the public interest of all British Columbians concerning the preservation of agricultural lands and includes the following characteristics:

• province-wide context;
• long-term consequences;
• open and accountable decision-making; and
• the preservation and management of scarce and important provincial assets.

The legislation provides for a "balancing test" to determine whether a proposal in the ALR is in the "provincial interest". It applies the following values in order of descending priority:

• preservation of agricultural lands and the promotion of agricultural uses;
• environmental and heritage values if they cannot be replaced or relocated to another non-agricultural site, or if they result in a no net loss to the agricultural capabilities;
• other economic, social and cultural factors.

Additional provisions were included in the legislation to improve the process for determining whether a proposal is in the "provincial interest". For example, in future, government will commit to holding hearings in six regions of the province when public input is sought into whether Cabinet should over-ride an ALC decision. The requirements for reporting — by the proponent, the Commission and government during a "provincial interest" consideration — are also outlined in the new legislation.

The legislation will improve the decision-making process while at the same time respecting the Commission and government’s interest in preserving farmland and encouraging agriculture.

STAKES IN THE GROUND: Provincial Interest in the Agricultural Land Commission Act

• Summary Report

• Full Report