| Copyright © 2003: Agricultural Land Commission, Burnaby, British Columbia, Canada |
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 #2 ACTIVITIES DESIGNATED AS FARM USE: |
| 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", Section 2 (2) (a) and Section 1 (1).
| Section 2 (2) | The following activities are designated as farm use for the purposes of the Act and may be regulated but must not be prohibited by any local government bylaw except a bylaw under Section 917 of the Local Government Act: | ||
| (a) | farm retail sales if | ||
| (i) | all of the farm product offered for sale is produced on the farm on which the retail sales are taking place, or | ||
| (ii) | at least 50% of the retail sales area is limited to the sale of farm products produced on the farm on which the retail sales are taking place and the total area, both indoors and outdoors, used for the retail sales of all products does not exceed 300 m2; | ||
| Section 1 (1) | "farm product" means a commodity that is produced from a farm use as defined in the Act or designated by this regulation. |
INTERPRETATION:
Farm retail sales are designated by the Regulation as a farm use, and as such, may not be prohibited by a local government bylaw, except a farm bylaw approved by the Minister of Agriculture, Food and Fisheries under Section 917 of the Local Government Act. This permitted farm activity is in addition to general farm uses permitted under the Act.
The Regulation permits, as a farm use, farm retail sales on a farm in the ALR. If all products originate or are produced on the farm on which the sales are taking place there is no limitation for the retail sales area. If farm or non-farm products offered for sale originate elsewhere, there is a retail sales area limitation or threshold. In this case, where products not originating from the farm are also sold, at least 50% of the retail sales area must be used for the sale of farm product produced on that farm and the total retail sales area for all products, both farm and off-farm in origin, must not exceed 300 square meters. The farm may be comprised of one or several parcels of land owned or operated by a farmer as a farm business.
The 50% area limitation is based on the area devoted to the retail sale of farm products produced on that farm. Wholesale sale of farm product is considered to be a farm activity within the meaning of the definition of ‘farm use’ in the Act and thus is not restricted by the Regulation.
TERMS:
Farm retail sales — means the retail sale to the public of tangible products grown or raised on a farm, from that farm and may include the sale of non-farm products as permitted by the regulation.
Retail sales area — means the floor area or dedicated outside area on which the farm retail sales are taking place and includes areas used for retail purposes inside buildings (indoors) and areas outside buildings (outdoors). It does not include parking, driveways, office space, washrooms or areas for processing or product storage.