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Working with the Reserves and Local Governments
While the Commission is responsible for the administration of the ALR, local government land use planning has an important role. Bylaws, plans and policies that ensure farm use of agricultural land are essential complimentary components helping to achieve the objectives of the provincial government's agriculture reserve program.
 Local governments plan for agriculture
There are a number of statutory requirements that enable local governments and the Commission to collaborate in planning processes involving ALR lands.
- The Agricultural Land Commission Act mandates the Commission to work with local governments
to accommodate, support and encourage farming on ALR
lands. The Act also requires local governments to ensure its bylaws
(Growth Strategies, OCPs and zoning bylaws, etc.) are consistent with the Act, failing
which they are of no force and effect.
- The Local Government Act requires community plans affecting the ALR be
forwarded to the Commission for review and comment after first reading to ensure
consistency with the ALCA.
- Local governments also have the ability stop applications from proceeding to the
Commission in certain instances where a proposal is contrary to local land use
planning. The Agricultural Land Commission
Act provides that if an application applies to
land that is zoned for agricultural or farm use or requires an amendment to a plan or
bylaw, the application may not proceed unless it is authorized by the local
government.
Consultation
Consultation is central to any effort to ensure consistent policies and regulations dealing with agriculture and related issues in the ALR. Prior to designation of the ALR most decisions concerning the use of agricultural land in private ownership rested almost exclusively with local governments.
Since the passage of the original Land Commission Act in 1973 and continuing with the current legislation under which the ALC operates, the Commission has significant powers that exceed most other Provincial Ministries relating to the control of land uses within the ALR. However, local government planning and zoning powers have never been removed or replaced through the designation of the reserves and associated legislation. As a result, both the Commission and local governments have legitimate regulatory authority over land in the reserves. This fact alone only serves to emphasize the need for on-going consultation between the Commission and local governments.
It is important to involve the Commission in planning processes that impact agricultural land uses - not just community plans and land use bylaws - but also recreation plans, transportation plans, water use policies, etc. Early consultation helps to identify and resolve issues before they become problems and provides opportunities for suggestions that can benefit the overall process and assist the agricultural and forestry industries. See Planning Opportunities for further information on specific planning processes.
What the Commission Can Offer
To assist local governments in planning processes involving ALR lands, the Commission can provide:
- Information on the location of ALR boundaries
- History of Commission decisions and information on relevant studies including past
reviews of ALR boundaries
- Experience drawn from working in similar processes in other areas
- Review of ALR boundaries if warranted
- Staff resources including the Commission, MAL and others
- Publications that provide guidance on achieving consistency between plans, bylaws and
the reserves.
Delegation of Decision Making
The Agricultural Land Commission Act provides for the Commission to delegate decision making relating to subdivision and non-farm use to local governments.
Memorandums of Understanding and Agreements
Some local governments have entered into memorandums of understanding and agreements with the Commission to improve the coordination and integration of interdependent programs. See MOUs and Agreements for further information.
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.
Working Together to Achieve Compliance
In addition to working together on land use plans and bylaws, local governments and the Commission often collaborate on land use infractions involving the ALR. An infraction may contravene legislation administered by the Commission as well being inconsistent with a local plan or bylaw. In this case, cooperation between agencies is important to achieve consistency between land use activities and the land use policies of local governments and the Commission. For information on the enforcement process, see How Do I Report An Infraction.
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