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 #7 
March 2003 

PERMITTED USES IN THE ALR:
HOME OCCUPATION 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 3 (1) (c)
Section 3 (1)"the following land uses are permitted in an agricultural land reserve unless otherwise prohibited by a local government bylaw:
 (c)a home occupation use, that is accessory to a dwelling, of not more than 100 m2 or such other area as specified in a local government bylaw for the area in which the parcel is located

INTERPRETATION:

The Regulation permits a home occupation use on a legal parcel in the ALR, up to a maximum area of 100 square meters. Alternatively the Regulation provides for this use with the maximum floor area for the use established by a local government bylaw for the area in which the parcel is located. In other words, the local government bylaw requirement for the maximum floor area for home occupation use applies, where a bylaw is in place for land in the ALR. Local bylaws may also regulate hours of operation, number of employees, parking, etc.

The home occupation use must be accessory to the residential or farm use of the property. The local government bylaw may determine whether the use is confined to a dwelling, accessory building or both, or whether limited outside areas may be used. Additional local requirements that are in force must also be met.

For home occupation use in the ALR, there is no requirement that the parcel has ‘farm’ classification.

Home occupation use may be more specifically defined and regulated in a local government bylaw. For Commission purposes a home occupation use does not include the following facilities, where more than 8 persons or clients are served or accommodated at one time:

  • Day care facilities
  • Preschool or other educational facilities
  • Group homes
  • Health and community care facilities

Home occupation use also does not include a restaurant or other food or beverage service facility of any size.

TERMS:

Home occupation — means a use that is accessory to a residential use of a property where a resident carries on a profession or occupation that is clearly incidental to that residential use and, for Commission purposes, is entirely contained within a dwelling or a building accessory to a dwelling.