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The legislative context for the Strengthening Farming Program
rests largely in four pieces of legislation.
The Farm Practices Protection (Right to Farm) Act (FPPA)
was passed by the Legislature and came into force in April of 1996.
Along with the FPPA, consequential amendments were made at the same
time to the Municipal Act (now Local Government Act)
and the Land Title Act. The Agricultural Land Commission
Act, dating to 1973, also provides important context for the
Strengthening Farming Program.
Agricultural Land Commission Act
The Agricultural Land Commission Act provides the legislative framework for the preservation of
BC’s scarce agricultural resource. The legislation provides for
the establishment of the provincial
Agricultural Land Commission (ALC)
and outlines its objectives, powers, application processes, use of
land in the
Agricultural Land Reserve (ALR) and relationships with
local governments.
The Act takes precedence over most other provincial legislation and
local government bylaws.
| Purposes of the
Agricultural Land Commission: |
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(a) |
to preserve agricultural land; |
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(b) |
to encourage farming on agricultural land in
collaboration with other communities of interest; |
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(c) |
to encourage local governments, first nations,
the government and its agents to enable and accommodate farm use
of agricultural land and uses compatible with agriculture in
their plans, bylaws and policies.
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Farm Practices Protection (Right to Farm) Act
The Farm Practices Protection (Right to Farm) Act (FPPA)
applies to farmers
who operate in the ALR, in other areas
where farming is permitted by local zoning bylaws, or in areas
licensed for aquaculture. When farmers operate under “normal
farm practices”, the Act protects the farmer against nuisance
actions, court injunctions, or specific nuisance bylaws related to
the operation of the farm.
The FPPA established the Farm Practices Board (now called the
Farm Industry Review Board) as the tribunal that considers complaints
from persons aggrieved by odour, noise, dust, or other disturbances
resulting from farm operations, and encourages settlement of the
complaints. In the case of complaints that are not settled, the
Board will hear the complaints and determine whether the disturbance
in question results from normal farm practices.
BC Ministry of Agriculture and Lands staff
throughout the province may also work with persons concerned about a farm practice in an attempt to resolve the
concern before the complaint
reaches the Board.
The Board, on its own initiative, upon the request of a local
government or as directed by the Minister of Agriculture and Lands, may study any matter related to farm practices and
report its findings and recommendations.
Land Title Act
The Land Title Act gives approving officers the power to assess impacts
of new subdivisions on farmland. Before subdivision approval is
given, the approving officers may require adequate buffering of farmland
from the subdivision or the removal of unnecessary roads directed at the ALR
to ensure no unreasonable interference occurs with farm operations.
| Matters to be
considered by approving officer on application for approval: |
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86(1) Without limiting section 85(3), in considering an
application for subdivision approval, the approving officer may |
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(c) |
refuse to approve the subdivision plan, if the approving officer
considers that |
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(x) the anticipated development of the subdivision would
unreasonably interfere with farming operations on adjoining or
reasonably adjacent properties, due to inadequate buffering or
separation of the development from the farm, or |
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(xi) despite subparagraph (ix), the extent or location of
highways and highway allowances shown on the plan is such that
it would unreasonably or unnecessarily increase access to land
in an agriculture land reserve. |
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Land Title Act |
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Local Government Act
The Local Government Act provides the legislative framework for local
governments. It determines how new municipalities are created or
expanded, the election of councils and boards, the assessment and
collection of taxes, administration, property management and
spending.
Under the Act, certain provisions address
agriculture
such as those covering community planning, zoning, nuisance
regulations, the removal and deposit of soil, weed and pest control
and water use and drainage.
Particular sections of the Act address planning for agriculture:
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policy statements in community plans to include
policies respecting the maintenance and enhancement of farming on
land in a farming area or in an area designated for agricultural
use in a community plan. (S. 878(1)(c))
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adoption procedures require that official community
plans applied to land in the Agricultural Land Reserve must be
referred to the Agricultural Land Commission for comment prior
to adoption.
(S. 882(3)(c))
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development permit areas for the protection of farming
(S. 919.1(1)(c)). This provision may include requirements for
screening, landscaping, fencing and siting of buildings or
structures, in order to provide buffering or separation of
development from farming on adjoining or adjacent land.
(S. 920(10))
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use of land for agricultural operations:
(Div. 8, S. 915 to 919)
The Minister of Agriculture and Lands is responsible for
this division of the Act which:
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requires the approval of the minister responsible for the Farm
Practices Protection Act for zoning bylaws of local governments
that would prohibit or restrict the farm use of land in farming
areas. Farming areas are defined as land within the ALR or under an
aquaculture license.
(S. 915)
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allows the minister to establish agricultural standards for the
guidance of local governments in the preparation of the various
bylaws affecting agriculture.
(S. 916)
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allows for the creation of “farm bylaws” that will give more
flexibility in specific planning standards for agricultural
operations.
(S. 917)
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enables the implementation of a process to review zoning bylaws
to meet the minister’s standards or modified in a manner agreed to
by the minister. (S.
919)
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