Agricultural Land Commission Act	Policy #4  March 2003  ACTIVITIES DESIGNATED AS FARM USE: AGRI-TOURISM IN THE ALR
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) (e) 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:
	(e)	agri-tourism activities, other than accommodation, on land that is classified as a farm under the Assessment Act, if the use is temporary and seasonal, and promotes or markets farm products grown, raised or processed on the farm

Section 1 (1)	"agri-tourism" means a tourist activity, service or facility accessory to land that is classified as a farm under the Assessment Act;
	"farm product" means a commodity that is produced from a farm use as defined in the Act or designated by this regulation.

INTERPRETATION:

Subject to the conditions in Section 2 (2) (e) of the Regulation, agri-tourism activities, (other than agri-tourism accommodation) are designated by this regulation as farm uses, 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 temporary and seasonal agri-tourism activities in the ALR provided the land is assessed as ‘farm’ under the Assessment Act and provided the activity promotes or markets farm products produced on that farm. These activities are accessory and, at the same time, related to the principle use of the farm or ranch and must promote or market farm products from the farm or ranch. This use is permitted only if the property is assessed as ‘farm’ and if the assessment changes, this use is no longer permitted. The farm may be comprised of one or several parcels of land owned or operated by a farmer as a farm business.

This section does not include agri-tourism accommodation which is regulated under Section 3 (1) (a) of the Regulation and may be prohibited by a local bylaw. See Commission Policy "Permitted Uses in the ALR: Agri-tourism Accommodation".

There is no building threshold area stipulated for these uses in the Regulation. A local government may regulate these uses, for example by setting hours of operation, a maximum building area or maximum site coverage, but may not prohibit the uses as they are designated ‘farm uses’ under the Act. The local bylaws may further define ‘temporary’ and ‘seasonal’ and additional local government requirements must also be met. However in all cases the regulation of the use by local government must be reasonable and not prohibitive.

Examples of agri-tourism activities that may be permitted under this section of the Regulation, provided all conditions are met, include, but are not limited to:

• Agricultural heritage exhibit
• Farm tours and farm demonstrations
• Horse riding including cattle drive activities
• Horse or other livestock shows
• Hay, tractor and sleigh rides
• Pumpkin patch tours and related activities
• Picnicking
• Farm related educational activities including cooking classes using farm products from the farm
• Seasonal promotional events (e.g. harvest and Christmas fairs and activities)
• Special promotional events (e.g. private or public special occasion events for the promotion of farm products)
• Charity fund-raising events where farm products from the farm are offered for sale or by contribution and the majority of net proceeds are donated to a registered charity
• Catered food and beverage service special events where farm products from the farm are promoted, but not a service requiring the use of a permanent commercial kitchen
• Corn mazes
• Fishing (stocked pond)
• Bird and wildlife refuges and rescue services

Farm retail sales are regulated separately under section 2 (2) (a) of the Regulation and may be permitted if the specified conditions are met. See Commission Policy "Activities Designated as Farm Use: Farm Retail Sales in the ALR".

Agri-tourism uses that do not meet the conditions established in the regulation, for example, uses that are not taking place on land assessed as ‘farm’, are not temporary and seasonal, and do not promote or market farm products from the farm, require application to and approval from the Commission.

TERMS:

Temporary — means a use or activity in a facility or area that is established and used on a limited time basis for agri-tourism activities. If a building or structure is required for this use, temporary use of the building or structure means a use for agri-tourism for less than 12 months of the year. The building or structure may be used for other permitted uses during the course of, or for the remainder of the year.

Seasonal — means a use or activity in a facility or area for less than 12 months of the year.