Revitalization of the Agricultural Land Reserve and the Agricultural Land Commission UBCM 2018 Convention Session 1: Tuesday, September 11 3:15 – 4:45 pm
Introductions Martha Anslow Director, Policy, Ministry of Agriculture Lead: Secretariat for the Advisory Committee • Kim Grout CEO, Agricultural Land Commission Willow Minaker Director, Strengthening Farming, Ministry of Agriculture Vicki Huntington Chair, ALR and ALC Revitalization Advisory Committee 2
Session Purpose • Minister Popham’s mandate letter: “Make substantive progress on…. Revitaliz[ing] the Agricultural Land Reserve (ALR) and the Agricultural Land Commission (ALC)” • Discuss the important role of Local Governments in managing and preserving the ALR • Provide an overview of the Independent Advisory Committee report outcome and recommendations • Engage with local governments on the Ministry’s revitalization initiative 3
Local Governments and the ALR • Local governments are critical partners in agricultural land preservation • 75% of the ALR is within local government boundaries • Regulate land use and issue permits for uses in the ALR consistent with the Act & ALRUSP • First step in application process • Work together to achieve compliance 4
Decision making for Local Governments and the ALC • ALC and local governments have concurrent jurisdiction • S. 46(3) of ALCA: “nothing in this Act affects or impairs the validity of local government bylaw relating to the use of agricultural land in the ALR.” … subject to the consistency requirements in S.46 (5) 5
ALC Local Government Survey Results 2016 Survey Results 2018 Follow-up Survey Top local government planning & - Strategies to decrease unauthorized use bylaw enforcement challenges: - Permitted uses that are difficult to regulate - Unauthorized land use in the ALR - Challenges regulating additional dwellings - Additional dwellings and the size and siting of structures in the ALR - Public awareness/education - Reasons for requesting subdivision - Unauthorized filling in the ALR - Subdivisions - Feedback on ALC draft Placement of Fill Bylaw 6
ALC Local Government Survey 7
ALC Local Government Survey 14 〉 Regional Districts are more likely to feel that they lack the tools needed (68%) compared to their counterparts in municipalities (45%). 8
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50% of what is processed/produced in facilities located in the ALR must be comprised of agricultural products grown on the farm where the facilities are located “The definitions of 'farm' is not clear. Is it 50% of the weight or volume? Also it is difficult to determine how much was grown on the farm. How do you prove this?" “ … It is difficult to monitor what is being brought in or being grown. We have other more important things to be doing." 10
Provincial Regulation of Size and Siting of Structures in the ALR 11
Decreasing the Incidence of Unauthorized Uses in the ALR 12
Ministry Resources and Tools for Local Governments 1) Farm Practices Protection Provide informal conflict resolution services • Develop the Ministry’s Farm Practices in BC Reference Guide • Support BC Farm Industry Review Board where required • 2) Planning for Agriculture Review local government plans and bylaws • Develop Agricultural Land Use Inventories • Develop Minister’s Bylaw Standards • Support local government Agricultural Advisory Committees • Support local government Agricultural Area Plan development • Promote agricultural awareness • 13
Minister’s Independent Committee • Minister’s Advisory Committee was formed on January 4, 2018 • Framework for engagement was set by the Ministry • Committee members: • Vicki Huntington (Chair) • Irmi Critcher • Arzeena Hamir • Chris Kloot • Chief Byron Louis • Lenore Newman • Shaundehl Runka • Brian Underhill 14
Committee Public Engagement Overview • Engagement period occurred from February 5 to April 30, 2018 • Engagement outcome: • Committee travelled to 9 communities and spoke with over 170 individuals • Direct email and mail – received over 280 submissions • Online surveys – received over 2,300 submissions 15
Committee Consultation with Local Governments • Advisory Committee met with 33 local governments and UBCM during engagement process • Recommendations made by UBCM to the Committee were: • Recognize the importance of local governments • Endorse critical role of local governments • Endorse critical importance of local decision-making • Examine the means of production of recreational cannabis • Consider: • revisions to the farm class system; • the issue of farmland speculation; • concerns regarding residential uses; and, 16 • the issue of food security
Committee Interim Reports • The Committee submitted two reports to Minister Popham on July 31, 2018. • The “What We Heard Report” outlines the engagement overview and the summary of what the committee hear. • Interim Report includes: • 13 recommendations for legislative and regulatory change • Four recommendations for action to protect the ALR • 14 key issues still under consideration for its final report 17
What We Heard Report: Key Takeaways and Areas of Interest for Local Governments A Defensible and Defended ALR • Stronger approach to the ALR • Land speculation ALR Resilience • Top challenges were identified as removal and use of land for non-agricultural purposes and economic conditions that place pressure to develop ALR land Stable Governance • Less political influence would ensure stable ALC governance • ALC should be arm’s length from government and have greater stability and transparency in appointments 18
What We Heard Report: Key Takeaways and Areas of Interest for Local Governments Food Security • ALC mandate and ALR boundary need to be strengthened to protect food security Residential Uses in the ALR • Support for stronger regulation around residential uses in the ALR • ALC and provincial and local governments should all be responsible for the regulation of residential uses in the ALR or should fall under the ALC only 19
Interim Report: Three Key Objectives Objective 1: Preserve the productive capacity of land in the ALR. Objective 2: Encourage farming of land in the ALR for uses related to agriculture and food production. Objective 3: Strengthen the administration and governance of the ALR and ALC to both increase public confidence and to ensure that land use regulation and land use decisions are preserving agricultural land and encouraging farming and ranching in the ALR. 20
Urgent and Immediate Action Recommended Urgent needs: 1. The urgent need for province-wide shift to an ‘agriculture- first’ focus in the ALR 2. The urgent need to curb speculation in the ALR Recommendations for immediate action to protect the ALR: • Mitigating the impacts of oil and gas activity in the ALR • Restricting cannabis production in the ALR 21
Interim Report Recommendations (1 – 7) • Recommendation 1: Establish ‘agriculture first’ criteria for all ALC decisions • Recommendation 2 : Increase the autonomy, independence and effectiveness of the ALC • Recommendation 3 : Ensure province-wide decision making • Recommendation 4: Reinstate a one zone ALR decision making model • Recommendation 5: Strengthen compliance and enforcement tools • Recommendation 6 : Protect the ALR from residential speculation • Recommendation 7 : End the impact of illegal fill on the agricultural capability of the ALR 22
Interim Report Recommendations (8 – 13) • Recommendation 8: Utilize a joint local government-ALC planning process for considering exclusions • Recommendation 9 : Make the ALR application review process more efficient • Recommendation 10: Improve clarity of the ALC reconsideration process • Recommendation 11 : Ensure a province-wide agricultural perspective by removing delegation authority • Recommendation 12 : Require ALC endorsement of local government bylaws on the ALR • Recommendation 13 : Strengthen ALC administration and operations 23
Next Steps • The B.C. government has already taken action on cannabis, regarding production on the ALR. • The Ministry of Agriculture is currently reviewing the Committee’s recommendations. • Minister will bring forward recommendations for Cabinet approval. • Any legislative changes would be targeted for late 2018 or early 2019. • Continue engagement with UBCM, local and first nation governments and other stakeholders. • Expect the Committee’s final report to the Minister: fall 2018 24
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