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July 30, 2004

To:Municipal Mayors & Councils
Regional District Chairs & Boards

From:  Kirk Miller, Chair, Agricultural Land Commission

Re:Amendments to the Agricultural Land Commission Act, 2004

On July 22, 2004, after consultation with the Union of BC Municipalities, government brought into effect the Agricultural Land Commission Amendment Act, 2004 and associated amendments to the Agricultural Land Reserve Use, Subdivision and Procedure Regulation. These amendments provide new procedures for the filing of Agricultural Land Reserve (ALR) applications with the Commission by First Nations, both pre-treaty and post-treaty.

The government is committed to resolving treaty settlements with First Nations in order to provide certainty to British Columbians regarding ownership and use of Crown lands. The intent of the amendments is to provide First Nations with authorities and responsibilities similar to local governments under the Act, including the ability to file applications with the Commission.

Several of the changes noted below involve additional notice and meeting provisions for local governments and owners, as well as First Nation governments. While the changes may appear complex, our objective is straightforward — the like treatment of all local and aboriginal governments through fair and transparent processes.

Click here to view the changes to the Agricultural Land Reserve Use, Subdivision and Procedure Regulation (BC Reg 171/2002). Click here to view the legislative amendments.

The following are the key changes resulting from the legislative and regulatory amendments.

Changes Affecting First Nations — Pre-Treaty:

  • The legislative amendments provide that a First Nation government that has signed an agreement-in-principle can apply to the Commission for ALR exclusions or inclusions (sections 17 (3) & 30 of the Agricultural Land Commission Act) or subdivision or non-farm use (sections 20 & 21) as if it were the owner of the proposed treaty settlement lands.

  • A decision of the Commission on an application for proposed treaty settlement lands only becomes effective when those lands are established as treaty settlement lands and the First Nation government passes a law approving the Commission’s decision.

  • For applications to the Commission by an owner to exclude land from the ALR (including First Nation applications for proposed treaty settlement lands), a new provision in the regulation requires the referral of any application that involves land adjacent to a different government jurisdiction (be it municipal, regional district or first nation), to that different jurisdiction.

Changes Affecting First Nations — Post-Treaty:

  • A First Nation government that has reached a treaty settlement can apply to the Commission for inclusion or exclusion from the ALR and subdivision or non-farm use within the ALR under Sections 17, 20, 21, 29 and 30 of the Act, in the same manner as a local government. This includes the requirement to advertise and hold public hearings for inclusion and exclusion applications made under Sections 17(1) and 29.

  • Post-treaty, a First Nation government, similar to a local government, must authorize an application to proceed to the Commission by passing a law.

Changes Affecting Both Local Governments and First Nations:

  • For applications by a local government or First Nation government to the Commission for inclusion or exclusion from the ALR under sections 17(1) and 29, a new provision in the regulation requires the referral of any application involving land adjacent to a different municipal, regional district or First Nation government jurisdiction to that different jurisdiction and to any municipal, regional district or First Nation jurisdiction whose interests that the applicant considers will be affected. The regulation also requires posting of a notice of the application on the property.

  • For applications to the Commission by an owner to exclude land from the ALR, the regulation provides that either the local government or First Nation government having jurisdiction over the land or the Commission may hold a public information meeting on the application.

  • For all exclusion and inclusion applications, a local government or First Nation government must forward to the Commission any comments from an adjacent government and any public comments it receives.

I wish to emphasize that the Commission will continue to make decisions on applications before it in accordance with the Act, regardless of the source of the application. A First Nation government, like a local government, must substantiate applications based on the agricultural suitability of the lands and community needs, and must provide the appropriate level of information and analysis.

Planning and servicing issues between adjacent government jurisdictions, while important to coordinated growth management, are not solely linked to the ALR status of land and, as such, need to be addressed separately by local governments and First Nation governments.

If you have any questions, I encourage you to contact Commission staff for any further information on or explanation of the amendments.