BC’s Agricultural Land Commission TITLE BC Tree Fruit Growers Association January 30, 2016.

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Presentation transcript:

BC’s Agricultural Land Commission TITLE BC Tree Fruit Growers Association January 30, 2016

ALC ALC is an Independent administrative tribunal Carries out mandate via the purpose set out in ALCA Interprets & applies the legislation written by gov’t

Sec. 6 Purpose of the ALC Act ALR in BC Preserve agricultural land Encourage farming on agricultural land in collaboration with other communities of interest Encourage local governments, First Nations, the government & its agents to enable & accommodate farm use of agricultural land & uses compatible with agriculture in their plans, bylaws & policies

What’s In? 5% Total Area ALR +/- 4.6 million ha BC +/ million ha What’s Out? 95% 4 The ALR – It’s A Finite Resource in BC

The ALR in BC 5

6 ALR Area by Region RegionALR Area (hectares) Percent ALR Area Okanagan224,9775% Island116,2072% South Coast148,2073% Interior1,528,96833% Kootenay392,5578% North2,210,78349% Total4,621,699100%

Bill 24 – ALC Act Changes September 5, Came into force Split ALR into two zones (Zone 1 and Zone 2) Legislated 6 independent panels Role of the Chair defined Section 4.3 new considerations in Zone 2

Zone 1: South Coast, Island & Okanagan Panels Zone 2: Kootenays, Interior & North Panels 8 Zone 1 and Zone 2

Section 4.3 of the ALC Act When exercising a power under this Act in relation to land located in Zone 2, the commission must consider all of the following, in descending order of priority: (a) the purposes set out in Section 6; (b) economic, cultural and social values; (c) regional and community planning objectives; (d) other prescribed considerations.

ALC Governance Model Chair North Panel Interior Panel Kootenay Panel Okanagan Panel South Coast Panel Island Panel Full Commission = 19 members 6 Regional Panels = 1 Vice Chair + 2 Commissioners Executive Committee= Chair + 6 Vice Chairs Chair

Panel Regions Regional Panels are the decision makers

Okanagan Panel Members Gerry Zimmermann– Vice Chair Jim Johnson – Member Greg Norton - Member

Authority to refer a particular application to the Executive Committee within 60 days of a decision for reconsideration: ▪If believes may not fulfill the purpose of Section 6 ▪Does not adequately take into consideration the considerations set out in Section 4.3 Chair Oversight

Executive Committee Chair and six Vice Chairs Responsible for: deciding applications referred by the Chair deciding applications referred by a regional panel making reconsideration determinations exercising any other functions delegated by the Commission

The Full Commission Develop policies governing the Commission, pass resolutions and bylaws re: conduct of its affairs Recommend legislative or regulatory changes to Gov’t Determine ALR boundary Ensure local government land use planning is compatible with agricultural use of ALR Develop policy that encourages agriculture

ALR Regulation Changes Government amended the regulations in Amendments include: Medical marihuana production permitted Farm retail & processing permitted by a Co-operative Association Breweries, distilleries and meaderies permitted provided the 50% farm product input Able to lease a portion of a farm for farm purposes

Local Government Partners Local governments, regional and municipal, are partners in agricultural land preservation First step in application process Adopt supportive land use plans, policy, and bylaws Work together to achieve compliance 75% of the ALR is under local government jurisdiction

ALC Initiatives New improved website Web-based application portal – apply online ALR mapping self service Historical document capture & access to records 1974 to present – near future

Moving Forward – Key Issues 1. Improve application processing times 2. Customer service standards 3. Engagement & proactive planning with local governments & others 4. Enhancing compliance & enforcement program 5. Targeted ALR boundary reviews (Kootenay, Interior & North) 6. Encouraging farming mandate elevated

Moving Forward – Key Issues 7. Agri-tourism

Thank you Kim Grout, ALC CEO Website:

Definitions Agricultural Land Reserve (ALR) A provincial zone where agriculture is recognized as the priority use & where non-agricultural uses are regulated & farming is encouraged Agricultural lands designated under the ALC Act Agricultural Land Commission (ALC) The body of appointed individuals who, with the support of staff) administer the ALR reserve and the lands within

Canada Land Inventory (CLI) Prime Class Secondary Class No Agricultural Capability Class 7 Agricultural options

Zone 1 and Zone 2 - Facts More prime ag land in Zone 2 than Zone 1  Zone 1 agri capability class 1-4 = 353,000 ha  Zone 2 agri capability class 1-4 = 2,072,000 ha Development pressures exist in both zones Zone 1 – urban, residential and industrial Zone 2 – urban, recreational, industrial & resource development

Agricultural Capability

What has not changed? ALC continues as an independent tribunal Section 6 purpose of the ALC/ALR unchanged Regional representation remains Chair oversight of the work of the Commission Continue to adjudicate application decisions Continue to work with regional districts on land use planning that supports the ALR & ag uses

TRENDS ▪Knowing where our food comes from (safe supply) ▪Climate change adaptation ▪Restaurant & beverage business focussed on local ▪Young people interested in farming ▪Adoption of new technology by agri industry ▪Other countries purchasing ag land around world

Agri-Teams As part of the Ministry of Agriculture (the "Ministry") Strengthening Farming program, the ALC and the Ministry have formed Agri- Teams to provide assistance to local governments with land in the ALR. More information regarding Agri-Teams can be found on the Ministry's Support for Local Governments Planning for Agriculture webpage.Support for Local Governments Planning for Agriculture

MVRD-ALC Meeting – May 15,

MVRD-ALC Meeting – May 15,

Land Use Planning Community planning and bylaw review input Encourage local governments to plan for agriculture and encourage the use of those lands Encourage local governments not to forward applications unless they are consistent with bylaws Local governments now required to consult with the ALC prior to first bylaw first reading

ISSUES ▪ Climate change impacts on agriculture worldwide ▪ Cost of agricultural land increasing ▪ Access to water & competition with other users ▪ Farmers aging & retiring ▪ Unused ALR viewed as land in waiting for other use ▪ Misunderstanding of ALR permitted uses and process ▪ Managing expectations