ALC Policy #12/2003

This is not the official version.

Only the printed version issued by the Agricultural Land Commission is the official version. Copies of the official version may be obtained from the Agricultural Land Commission, Room 133 - 4940 Canada Way, Burnaby, BC V5G 4K6, telephone: 604 660-7000.

Copyright in the electronic version of this Policy belongs exclusively to the Province of British Columbia. This electronic version is for private study or research purposes only.

Agricultural Land Commission Act

Policy #12
March 2003

ALR SUBDIVISION APPROVAL BY APPROVING OFFICERS

This policy provides advice to assist in the interpretation of the Agricultural Land Commission Act, 2002 and Regulation. In case of ambiguity or inconsistency, the Act and Regulation will govern.

REFERENCE:

Agricultural Land Reserve Use, Subdivision and Procedure Regulation (BC Reg. 171/2002), the "Regulation", Sections 9, 10 and 11 "Permitted Subdivisions".

*Application of this Part*
9	This Part applies to a plan of subdivision, all or part of which consists of land in an agricultural land reserve

*Subdivision approval*
10	(1)	Despite Section 18 (b) of the Act, an approving officer under the Land Title Act, the Local Government Act, or the Strata Property Act or a person who exercises the powers of an approving officer under any other Act may authorize or approve a plan of subdivision without the approval of the commission if the proposed plan achieves one or more of the following:
		(a)	consolidates 2 or more parcels into a single parcel by elimination of common lot lines;
		(b)	resolves a building encroachment on a property line and creates no additional parcels
		(c)	involves not more than 4 parcels, each of which is a minimum of 1 ha, and results in all of the following:
			(i)	no increase in the number of parcels
			(ii)	boundary adjustments that, in the opinion of the approving officer, will allow for the enhancement of the owner’s overall farm or for the better utilization of farm buildings for farm purposes;
			(iii)	no parcel in the reserve of less than 1 ha;
		(d)	establishes a legal boundary along the boundary of an agricultural land reserve
	(2)	An approving officer who declines to authorize or approve a plan must give notice of that decision to the person who made the application.
	(3)	A person who receives a notice under subsection (2) may apply to the commission with respect to the proposed subdivision.

*Certification and deposit of approved plan*
11	(1)	If an approval is granted under section 10, the approving officer must
		(a)	endorse on the plan a certificate acceptable to the commission, and
		(b)	provide a copy of the approved plan to the commission.
	(2)	If the requirements of subsection (1) are met, a registrar of titles under the Land Title Act may accept the endorsed plan for deposit

INTERPRETATION:

If approved under the Section 10 of the Regulation, the approving officer must endorse the plan of subdivision as required and provide a copy of the approved plan to the Commission. For the requirement under Section 11(1) (a) that the approving officer endorse the plan in a certificate acceptable to the Commission, the certificate should read:

"I hereby certify that this subdivision plan is approved under Section 10 of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation."

Name of Officer

Under Section 11 (1) (b), the approving officer may provide a copy of the approved plan to the Commission or, alternatively, require the owner or agent to provide a copy. The Commission requires a copy of the approved plan for record keeping and ALC performance assessment.

Under Section 11 (2), the registrar of titles may accept a plan that is appropriately endorsed (as above) for deposit in the Land Title registry. The registrar need not determine that a copy of the plan has been forwarded to the Commission.