The Province of British Columbia has recently amended the Agricultural Land Commission Act (the "ALCA") in a way that is likely to facilitate non-farm uses in the Agricultural Lands Reserve (the "ALR").
On November 27, 2014, the Province enacted the Miscellaneous Statutes Amendment Act (No. 2), 2014. Among other things, the Act amends section 58(2) of the ALCA authorizing the Lieutenant Governor in Council to make the following regulations:
"58(2)...
(a.1) specifying farm uses of agricultural land that may not be prohibited by a local government enactment or a first nation government law;
(b) prescribing permitted non-farm uses of agricultural land and specifying permitted non-farm uses that may or may not be prohibited by a local government enactment or a first nation government law;
(j.1) ... prescribing permitted types of subdivision of agricultural land."
It would appear that the amendment is a clarification of the earlier version of section 58(2) of the ALCA which has enabled the Lieutenant Governor in Council to make regulations:
"(a) designating uses of land as farm uses;
(b) prescribing permitted uses and permitted types of subdivision for agricultural land, and specifying permitted uses that may or may not be prohibited by a local government enactment or a law of a first nation government...."
That said, one might argue that the amendment is an expansion of
the Province's regulation-making powers in respect of the
ALR. To contrast with the language of the old
sections
58(2)(a) and 58(2)(b) – which rely on a general word
"uses" – the revised language leaves little
doubt that the Province can direct that "non-farm uses"
be permitted in the ALR.
This change comes closely on the heels of earlier changes to the ALCA which the Province brought in 2014. Specifically, as we previously discussed, the Province divided the ALR into two zones, promoting the consideration of socio-economic circumstances in resource development areas.
Both the current amendment and the earlier amendment show a trend toward facilitating non-farm uses in the ALR. The Province has not yet proposed or enacted any regulations under the revised section 58(2). Therefore, the eventual impact of the most recent regulatory change remains to be seen.
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